Description:
Case No. A – 8830 MEDIATION AGREEMENT THIS AGREEMENT, made this 27th Day of January, 1972, by and
between the participating carriers listed in Exhibit A, attached hereto and
made a part hereof, and represented by the National Carriers' Conference
Committee, and the employees of such carriers shown thereon and
represented by the United Transportation Union, witnesseth: IT IS HEREBY AGREED: ARTICLE I - WAGE INCREASES AND SPECIAL ADJUSTMENTS
(FOR OTHERS THAN DINING CAR STEWARDS AND YARDMASTERS) Section 1 - First General Wage Increase (a) Effective April 1, 1971, after application of the increases
of 5.0% effective January 1, 1970 and 32c per hour effective November 1, 1970
under Public Law 91-541, all standard basic daily and mileage rates of pay of
employees represented by the UTU in effect on March 31, 1971 shall be
increased by an amount equal to 4.0%. (b) In computing the increases for enginemen under paragraph (a)
above, the standard basic daily rates of pay, and the standard mileage rates
of pay, respectively, in effect on December 31, 1969 applicable in the following
weight-on-drivers brackets: Passenger- 600,000 and less than 650,000 pounds
Freight- 950,000 and less than 1,000,000 pounds (through freight rates)
Yard Engineers- Less than 500,000 pounds
Yard Firemen- 250,000 and less than 300,000 pounds
(separate computations covering five-day rates and other than five-day rates) shall each first be increased by 5.0%, and shall next be increased by the
equivalent of $2.56 per basic day, and then the rates as so increased shall
be further increased by 4.0%. The sum of the three increases so produced
shall be added to each standard basic daily or mileage rate of pay in effect
on December 31, 1969. (c) The standard basic daily and mileage rates of pay produced
by application of the increases provided for in this Section 1 are set forth
in Appendix 1, which is a part of this Agreement. Section 2 - Second General Wage Increase (a) Effective October 1, 1971, all standard basic daily and mileage
rates of pay of employees represented by the UTU in effect on
September 30, 1971, shall be increased by an amount equal to 5.0%. (b) In computing the percentage increases for enginemen under
paragraph (a) above, 5.0% shall be applied to the standard basic daily and
mileage rates of pay applicable in the following weight-on-drivers brackets,
and the amounts so produced shall be added to each standard basic daily or
mileage rate of pay: Passenger- 600,000 and less than 650,000 pounds
Freight- 950,000 and less than 1,000,000 pounds (through freight rates)
Yard Engineers- Less than 500,000 pounds
Yard Firemen - 250,000 and less than 300,000 pounds
(separate computations covering five-day rates and other than five-day rates) (c) The standard basic daily and mileage rates of pay produced
by application of the increase provided for in this Section 2 are set forth
in Appendix 2, which is a part of this Agreement. Section 3 - Special Adjustments for Road Engineers, Road Firemen and Road Conductors (a) Effective January 27, 1972, all standard basic daily and mileage rates
of pay of road engineers and road firemen produced by the application
of Section 2 hereof shall be adjusted to the respective rates set
forth in Appendix 3, which is a part of this Agreement. (b) Effective January 27, 1972, all standard basic daily and mileage
rates of pay of road conductors represented by the former Brotherhood
of Railroad Trainmen shall be adjusted to the respective rates applicable to
road conductors represented by the former Order of Railway Conductors and
Brakemen, except that the differential between BRT rates applicable in the
East and Southeast and those applicable in the West shall be preserved. The
standard basic daily and mileage rates of pay produced by application of the
special adjustment provided for in this Section 3(b) are set forth in Appendix 3,
which is a part of this Agreement. Section 4 - Third General Wage Increase Effective April 1, 1972, all standard basic daily and mileage
rates of pay of employees represented by the UTU in effect on March 31, 1972,
shall be increased by an amount equal to 5.0%, computed and applied for
enginemen in the same manner as the second general wage increase provided
under Section 2 above. The standard basic daily and mileage rates of pay
produced by application of this increase are set forth in Appendix 4, which
is a part of this Agreement. Section 5 - Fourth General Wage Increase Effective October 1, 1972, all standard basic daily and mileage
rates of pay of employees represented by the UTU in effect on September 30,
1972, shall be increased by an amount equal to 5.0%, computed and applied for
enginemen in the same manner as the second general wage increase provided
under Section 2 above. The standard basic daily and mileage rates of pay
produced by application of this increase are set forth in Appendix 5, which
is a part of this Agreement. Section 6 - Fifth General Wage Increase Effective January 1, 1973, all standard basic daily and mileage
rates of pay of employees represented by the UTU in effect on December 31,
1972, shall be increased by the equivalent of 15c per hour or $1.20 per basic
day. The standard basic daily and mileage rates of pay produced by application
of this increase and the special adjustment provided for in Section 7
are set forth in Appendix 6, which is a part of this Agreement. Section 7 - Special Adjustment - Groundmen Without a Mileage Component in
Their Assignments, Who are Therefore Paid on a Daily Basis
Effective January 1, 1973, after application of the increase provided
for in Section 6 above, standard basic daily rates of pay of yard conductors
(foremen), yard brakemen (helpers), and switchtenders, and daily
rates of freight conductors, brakemen and flagmen who are without a-mileage
component in their assignments and are therefore paid on a daily basis, shall
be increased by an additional $1.00. The standard basic daily rates of pay
produced by the application of the increase provided for in Section 6 and
this special adjustment are set forth in Appendix 6, which is a part of this
Agreement. Section 8 - Sixth General Wage Increase Effective April 1, 1973, all standard basic daily and mileage
rates of pay of employees represented by the UTU in effect on March 31, 1973,
shall be increased by the equivalent of 10c per hour or 80c per basic day.
The standard basic daily and mileage rates of pay produced by application of
this increase are set forth in Appendix 7, which is a part of this Agreement. Section 9 - Application of Wage Increases (a) (i) In engine service, all arbitraries, miscellaneous rates or special
allowances, based upon mileage, hourly or daily rates of pay, as provided
in the schedules or wage agreements, shall be increased commensurately
with the wage increases provided for in this Article I. (ii) In train and yard ground service, arbitraries, miscellaneous
rates or special allowances, including those expressed in terms of
miles, as provided in the schedules or wage agreements, shall be increased
under this Agreement in the same manner as heretofore increased under previous
wage agreements. (b) In determining new hourly rates, fractions of a cent will be
disposed of by applying the next higher quarter of a cent. (c) Daily earnings minima shall be increased by the amount of
the respective daily increases. (d) Standard monthly rates and money monthly guarantees in passenger
train service shall be thirty times the new standard daily rates.
Other than standard monthly rates and money monthly guarantees shall be so
adjusted that differentials existing as of December 31, 1969 shall be preserved. (e) Existing monthly rates and money monthly guarantees applicable
in train service other than passenger will be increased in the same proportion
as the daily rate for the class of service involved is increased. (f) Existing money differentials above existing standard daily
rates shall be maintained. (g) In local freight service, the same differential in excess of
through freight rates shall be maintained. (h) The differential of $4.00 per basic day in freight and yard
service, and 4c per mile for miles in excess of 100 in freight service, will
be maintained for engineers working without firemen, the firemen's position
having been eliminated pursuant to the provisions of Award 282. (i) In computing the increases in rates of pay effective
April 1, 1971 under Section 1 for firemen, conductors, brakemen and flagmen
employed in local freight service, or on road switchers, roustabout runs,
mine runs, or in other miscellaneous service, on runs of 100 miles or less
which are therefore paid on a daily basis without a mileage component, whose
rates had been increased by "an additional $.40" effective July 1, 1968, the
4% increase shall be applied to daily rates in effect March 31, 1971 exclusive
of car scale additives, local freight differentials, and any other money
differential above existing standard daily rates. For firemen, the rates
applicable in the weight-on-drivers bracket 950,000 and less than 1,000,000
pounds shall be utilized in computing the amount of increase. The same procedure
shall be followed in applying the increases of 5.0% effective October 1,
1971, April 1, 1972 and October 1, 1972, respectively. The rates produced by
application of the standard local freight differentials and the above referred-to
special increase of "an additional $.40" to standard basic
through freight rates of pay are set forth in Appendices 1 through 7. Note: For firemen, daily rates effective April 1, 1971 shall be
determined by adding to each daily rate in effect on
December 31, 1969 the Public Law 91-541 increases of 5% and
$2.56 per day and the April 1, 1971 increase of 4%, computing
such increases on the rate applicable in the weight-on-drivers
bracket 950,000 and less than 1,000,000 pounds exclusive of the
local freight differential and any other money differential
above standard daily rates. (j) Other than standard rates: (i) Existing basic daily and mileage rates of pay other than
standard shall be increased, effective as of the effective dates specified in
Sections 1 through 8 hereof, by the same respective percentages and amounts
as set forth therein, computed and applied in the same manner; except that
the special adjustment for road engineers and firemen provided in Section 3
hereof shall not serve to increase other-than-standard rates of pay of engineers
and firemen in road service which already include the equivalent of the
adjustment provided in Section 3. (ii) The differential of $4.00 per basic day in freight and
yard service, and 4C per mile for miles in excess of 100 in freight service,
will be maintained for engineers working without firemen, the firemen's position
having been eliminated pursuant to the provisions of Award 282. (iii) Daily rates of pay, other than standard, of firemen,
conductors, brakemen and flagmen employed in local freight service, or on
road switchers, roustabout runs, mine runs, or in other miscellaneous service,
on runs of 100 miles or less which are therefore paid on a daily basis
without a mileage component, shall be increased by 4.0% effective April I,
1971 and by 5.0% effective October I, 1971, April I, 1972, and October I,
1972, computed and applied in the same manner as provided in paragraph (i)
above. (k) Coverage All employees who had an employment relationship after December 31,
1969, shall receive the amounts to which they are entitled under this
Article I regardless of whether they are now in the employ of the carrier
except persons who prior to the date of this Agreement have voluntarily
left the service of the carrier other than to retire or who have failed to
respond to call-back to service to which they were obligated to respond under
applicable rules agreements. Should any claims arise from persons coming
under the exception, they must be filed with the carrier within 90 days of
the date of this Agreement, in which case they will be disposed of in accordance
with this Agreement without cost to the UTU.
ARTICLE II - WAGE INCREASES FOR DINING CAR STEWARDS AND YARDMASTERS
Effective April I, 1971, after application of the increases of
5.0% effective January I, 1970 and 32c per hour effective November 1, 1970
under Public Law 91-541, all basic monthly rates of pay of dining car stewards
and yardmasters represented by the UTU in effect on March 31, 1971 shall
be increased by 4.0%. The rates produced by such increase shall be further increased as follows: Effective October 1, 1971 - 5.0%
Effective April 1, 1972 - 5.0%
Effective October 1, 1972 - 5.0%
Effective January 1, 1973 - Dining car stewards - $27.00 per month
Effective January 1, 1973 - Yardmasters - $30.00 per month
Effective April 1, 1973 - Dining car stewards - $18.00 per month
Effective April 1, 1973 - Yardmasters - $20.00 per month This Article II is subject to the provisions of Section 9(k) -
Coverage - of Article I of this Agreement.
ARTICLE III – VACATIONS
Insofar as applicable to employees represented by the United
Transportation Union, the Vacation Agreement dated April 29, 1949, as amended,
is further amended effective January 1, 1973, by substituting the following
Section 1 for Section 1 as previously amended, substituting the following
Section 2 for Section 2 as previously amended, and substituting the following
Section 9 for Section 9 as previously amended: Section 1 (a) - Effective January 1, 1973, each employee, subject
to the scope of schedule agreements held by the organizations signatory
to the April 29, 1949 Vacation Agreement, will be qualified for an annual
vacation of one week with pay, or pay in lieu thereof, if during the preceding
calendar year the employee renders service under schedule agreements held
by the organizations signatory to the April 29, 1949 Vacation Agreement
amounting to one hundred sixty (160) basic days in miles or hours paid for,
as provided in individual schedules. Beginning with the effective date of the provisions of Article 3
of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on
an individual carrier, but not earlier than the year 1960, in the application
of this Section l(a) each basic day in yard service performed by a yard service
employee or by an employee having interchangeable road and yard rights
shall be computed as 1.3 days, and each basic day in all other services shall
be computed as 1.1 days, for purposes of determining qualifications for vacations.
(This is the equivalent of 120 qualifying days in a calendar year in
yard service and 144 qualifying days in a calendar year in road service.)
(See NOTE below.) Beginning with the year 1960 on all other carriers, in the application
of this Section l(a) each basic day in all classes of service shall be
computed as 1.1 days for purposes of determining qualifications for vacation.
(This is the equivalent of 144 qualifying days.) (See NOTE below.) (b) - Effective January 1, 1973, each employee, subject to the
scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation Agreement, having two or more years of continuous service
with employing carrier will be qualified for an annual vacation of two weeks
with pay, or pay in lieu thereof, if during the preceding calendar year the
employee renders service under schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement amounting to one hundred
sixty (160) basic days in miles or hours paid for as provided in individual
schedules and during the said two or more years of continuous service renders
service of not less than three hundred twenty (320) basic days in miles or
hours paid for as provided in individual schedules. Beginning with the effective date of the provisions of Article 3
of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on
an individual carrier, but not earlier than the year 1960, in the application
of this Section l(b) each basic day in yard service performed by a yard service
employee or by an employee having interchangeable road and yard rights
shall be computed as 1.4 days, and each basic day in all other services shall
be computed as 1.2 days, for purposes of determining qualifications for vacations.
(This is the equivalent of 110 qualifying days in a calendar year in
yard service and 132 qualifying days in a calendar year in road service.)
(See NOTE below.) Beginning with the year 1960 on all other carriers, in the application of this
Section l(b) each basic day in all classes of service shall be computed
as 1.2 days for purposes of determining qualifications for vacation.
(This is the equivalent of 132 qualifying days.) (See NOTE below.) (c) - Effective January 1, 1973, each employee, subject to the
scope of schedule agreements held by the organizations signatory to the April
29, 1949 Vacation Agreement, having ten or more years of continuous service
with employing carrier will be qualified for an annual vacation of three
weeks with pay, or pay in lieu thereof, if during the preceding calendar year
the employee renders service under schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement amounting to one
hundred sixty (160) basic days in miles or hours paid for as provided in individual
schedules and during the said ten or more years of continuous service
renders service of not less than sixteen hundred (1600) basic days in miles
or hours paid for as provided in individual schedules. Beginning with the effective date of the provisions of Article 3
of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on
an individual carrier, but not earlier than the year 1960, in the application
of this Section l(c) each basic day in yard service performed by a yard service
employee or by an employee having interchangeable road and yard rights
shall be computed as 1.6 days, and each basic day in all other services shall
be computed as 1.3 days, for purposes of determining qualifications for vacations.
(This is the equivalent of 100 qualifying days in a calendar year in
yard service and 120 qualifying days in a calendar year in road service.)
(See NOTE below.) Beginning with the year 1960 on all other carriers, in the application of this
Section (c) each basic day in all classes of service shall be computed
as 1.3 days for purposes of determining qualifications for vacation.
(This is the equivalent of 120 qualifying days.) (See NOTE below.) (d) - Effective January 1, 1973, each employee, subject to the
scope of schedule agreements held by the organizations signatory to the
April 29, 1949 Vacation Agreement, having twenty or more years of continuous
service with employing carrier will be qualified for an annual vacation of
four weeks with pay, or pay in lieu thereof, if during the preceding calendar
year the employee renders service under schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement amounting to one
hundred sixty (160) basic days in miles or hours paid for as provided in individual
schedules and during the said twenty or more years of continuous service
renders service of not less than thirty-two hundred (3200) basic days in
miles or "hours paid for as provided in individual schedules. Beginning with the effective date of the provisions of Article 3
of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on
an individual carrier, but not earlier than the year 1960, in the application
of this Section l(d) each basic day in yard service performed by a yard service
employee or by an employee having interchangeable road and yard rights
shall be computed as 1.6 days, and each basic day in all other services shall
be computed as 1.3 days, for purposes of determining qualifications for vacations.
(This is the equivalent of 100 qualifying days in a calendar year in
yard service and 120 qualifying days in a calendar year in road service.)
(See NOTE below.) Beginning with the year 1960 on all other carriers, in the application of this
Section l(d) each basic day in all classes of service shall be computed
as 1.3 days for purposes of determining qualifications for vacation.
(This is the equivalent of 120 qualifying days.) (See NOTE below.) (e) - Effective January 1, 1973, each employee, subject to the
scope of schedule agreements held by the organizations signatory to the
April 29, 1949 Vacation Agreement, having twenty-five or more years of continuous
service with employing carrier will be qualified for an annual vacation
of five weeks with pay, or pay in lieu thereof, if during the preceding calendar
year the employee renders service under schedule agreements held by the
organizations signatory to the April 29, 1949 Vacation Agreement amounting to
one hundred sixty (160) basic days in miles or hours paid for as provided in
individual schedules and during the said twenty-five or more years of continuous
service renders service of not less than four thousand (4,000) basic days
in miles or hours paid for as provided in individual schedules. Beginning with the effective date of the provisions of Article 3
of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on
an individual carrier, but not earlier than the year 1960, in the application
of this Section l(e) each basic day in yard service performed by a yard service
employee or by an employee having interchangeable road and yard rights
shall be computed as 1.6 days, and each basic day in all other services shall 9-
be computed as 1.3 days, for purposes of determining qualifications for vacations.
(This is the equivalent of 100 qualifying days in a calendar year in
yard service and 120 qualifying days in a calendar year in road service.)
(See NOTE below.) Beginning with the year 1960 on all other carriers, in the application of this
Section l(e) each basic day in all classes of service shall be computed
as 1.3 days for purposes of determining qualifications for vacation.
(This is the equivalent of 120 qualifying days.) (See NOTE below.) NOTE: In the application of Section l(a), (b), (c),
(d) and (e), qualifying years accumulated, also
qualifying requirements for years accumulated,
prior to the effective date of the respective
provisions hereof, for extended vacations shall
not be changed. (f) - In dining car service, for service performed on and after
July 1, 1949 - each 7! hours paid for shall be considered the equivalent of
one basic day in the application of Section l(a), (b), (c), (d) and (e). (g) - Calendar days on which an employee assigned to an extra
list is available for service and on which days he performs no service, not
exceeding sixty (60) such days, will be included in the determination of qualification
for vacation; also, calendar days, not in excess of thirty (30), on
which an employee is absent from and unable to perform service because of
injury received on duty will be included. The 60 and 30 calendar days referred to in this Section 1(g) shall not
be subject to the 1.1, 1.2, 1.3, 1.4 and 1.6 computations provided
for in Section l(a), (b), (c), (d) and (e), respectively. (h) - Where an employee is discharged from service and thereafter
restored to service during the same calendar year with seniority unimpaired,
service performed prior to discharge and subsequent to reinstatement during
that year shall be included in the determination of qualification for vacation
during the following year. Where an employee is discharged from service and thereafter restored to
service with seniority unimpaired, service before and after such discharge and
restoration shall be included in computing three hundred twenty (320) basic
days under Section l(b), sixteen hundred (1600) basic days under Section 1(c),
thirty-two hundred (3200) basic days under Section led), and four thousand
(4,000) basic days under Section l(e). (i) - Only service performed on one railroad may be combined in
determining the qualifications provided for in this Section 1, except that
service of an employee on his home road may be combined with service performed
on other roads when the latter service is performed at the direction
of the management of his home road or by virtue of the employee's seniority
on his home road. Such service will not operate to relieve the home road of
its responsibility under this agreement. (j) - In instances where employees who have become members of the
Armed Forces of the United States return to the service of the employing carrier
in accordance with the Military Selective Service Act of 1967, as amended,
the time spent by such employees in the Armed Forces subsequent to their
employment by the employing carrier will be credited as qualifying service in
determining the length of vacations for which they may qualify upon their
return to the service of the employing carrier. (k) - In instances where an employee who has become a member of
the Armed Forces of the United States returns to the service of the employing
carrier in accordance with the Military Selective Service Act of 1967, as
amended, and in the calendar year preceding his return to railroad service
had rendered no compensated service or had rendered compensated service on
fewer days than are required to qualify for a vacation in the calendar year
of his return to railroad service, but could qualify for a vacation in the
year of his return to railroad service if he had combined for qualifying purposes
days on which he was in railroad service in such preceding calendar
year with days in such year on which he was in the Armed Forces, he will be
granted, in the calendar year of his return to railroad service, a vacation
of such length as he could so qualify for under Section 1 (a), (b), (c), (d)
or (e) and (j) hereof. (L) - In instances where an employee who has become a member of
the Armed Forces of the United States returns to the service of the employing
carrier in accordance with the Military Selective Service Act of 1967, as
amended, and in the calendar year of his return to railroad service -renders
compensated service on fewer days than are required to qualify for a vacation
in the following calendar year, but could qualify for a vacation in such following
calendar year if he had combined for qualifying purposes days on which
he was in railroad service in the year of his return with days in such year
on which he was in the Armed Forces, he will be granted, in such following
calendar year, a vacation of such length as he could so qualify for under
Section lea), (b), (c), (d) or (e) and (j) hereof. Section 2 - Employees qualified under Section 1 hereof shall be
paid for their vacations as follows: General (a) - An employee receiving a vacation, or pay in lieu thereof, under
Section 1 shall be paid for each week of such vacation 1/52 of the compensation
earned by such employee under schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement, on the carrier
on which he qualified under Section 1 (or carriers in case he qualified on
more than one carrier under Section 1 (i)) during the calendar year preceding
the year in which the vacation is taken, but in no event shall such pay for
each week of vacation be less than six (6) minimum basic days' pay at the
rate of the last service rendered, except as provided in subparagraph (b). (b) - Beginning on the date Agreement "A" dated September 25,
1950, May 25, 1951 or May 23, 1952, became or becomes effective on any carrier,
the following shall apply insofar as yard service employees and employees
having interchangeable yard and road rights covered by said agreement, who
are represented by the United Transportation Union, are concerned: Yard Service (1) An employee receiving a vacation, or pay in lieu
thereof, under Section 1 shall be paid for each week of
such vacation 1/52 of the compensation earned by such
employee under schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement,
on the carrier on which he qualified under Section 1 (or
carriers in case he qualified on more than one carrier
under Section 1 (i)) during the calendar year preceding
the year in which the vacation is taken, but in no event
shall such pay for each week of vacation be less than five
(5) minimum basic days' pay at the rate of the last service
rendered. Combination of Yard and Road Service (2) An employee having interchangeable yard and road
rights receiving a vacation, or pay in lieu thereof, under
Section 1 shall be paid for each week of such vacation
1/52 of the compensation earned by such employee under
schedule agreements held by the organizations signatory to
the April 29, 1949 Vacation Agreement, on the carrier on
which he qualified under Section 1 (or carriers in case he
qualified on more than one carrier under Section 1 (i))
during the calendar year preceding the year in which the
vacation is taken; provided that, if the vacation is taken
during the time such employee is working in road service
such pay for each week of vacation shall be not less than
six (6) minimum basic days' pay at the rate of the last
road service rendered, and if the vacation is taken during
the time such employee is working in yard service such pay
for each week of vacation shall be not less than five (5)
minimum basic days' pay at the rate of the last yard service
rendered. Note: Section 2(b) applicable to yard service shall
apply to yard, belt line and transfer service
and combinations thereof, and to hostling service Section 9 - The terms of this agreement shall not be construed to deprive
any employee of such additional vacation days as he may be entitled
to receive under any existing rule, understanding or custom, which additional
vacation days shall be accorded under and in accordance with the terms
of such existing rule, understanding or custom. With respect to yard
service employees, and with respect to any yard service employee having
interchangeable yard and road rights who receives a vacation in yard service,
such additional vacation days shall be reduced by 1/6th.
ARTICLE IV – HOLIDAYS
Effective January 1, 1973, the existing rule covering pay for
holidays, set forth in Article I of the Agreement of June 25, 1964, as amended,
is hereby amended to designate Veterans Day as a ninth paid holiday and
to add it to the list of enumerated holidays now provided in such Agreement,
as amended. ARTICLE V - JURY DUTY 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 such day, excepting allowances paid by the court for meals,
lodging or transportation, subject to the following qualification requirements
and limitations: (1) An employee must exercise any right to secure
exemption from the summons and/or jury service
under federal, state or municipal statute and will
be excused from duty when necessary without loss
of pay to apply for the exemption. (2) An employee must furnish the carrier with a statement
from the court of jury allowances paid and the days on which
jury duty was performed. (3) The number of days for which jury duty pay shall be paid i
s limited to a maximum of 60 days in any calendar year. (4) No jury duty pay will be allowed for any day as
to which the employee is entitled to vacation or
holiday pay. This rule shall become effective January 1, 1973.
ARTICLE VI - SWITCHING LIMITS
Existing agreements are amended to read as follows: The employees involved, and the carriers represented by the
National Carriers' Conference Committee, being desirous of cooperating in
order to meet conditions on the various properties to the end that efficient
and adequate switching service may be provided and industrial development
facilitated, adopt the following: Section 1. Except as provided in Section 2 hereof, where an individual
carrier not now having the right to change existing switching limits where
yard crews are employed, considers it advisable to change the same, it shall
give notice in writing to the General Chairman or General Chairmen of such
intention, whereupon the carrier and the General Chairman or General Chairmen
shall, within 30 days, endeavor to negotiate an understanding. In the event the carrier and the General Chairman or General Chairmen
cannot agree on the matter, the dispute shall be submitted to arbitration
as provided for in the Railway Labor Act, as amended, within 60 days
following date of last conference. The decision of the Arbitration Board
will be made within 30 days thereafter. The award of the Board shall be
final and binding on the parties and shall become effective thereafter upon
seven days' notice by the carrier. Section 2. Where, after the effective dates of the 1951 and 1952 Agreements,
an industry locates outside of switching limits at points where yard
crews are employed, the carrier may provide switching service to such industries
with yardmen without additional compensation or penalties therefor to
yard or road men, provided the switches governing movements from the main
track to the track or tracks serving such industries are located at a point
not to exceed four miles from the switching limits in effect as of the date
of this Agreement. Other industries located between such switching limits
and such new industries may also be served by yardmen without additional compensation
or penalties therefor to road or yard men. Where rules require
that yard limits and switching limits be the same, the yard limit board may
be moved for operating purposes but switching limits shall remain unchanged
unless and until changed in accordance with rules governing changes in switching
limits. The yard conductor (foreman) or yard conductors (foremen)
involved shall keep account of and report to the carrier daily on form provided
the actual time consumed by the yard crew or crews outside of the switching
limits in serving the industry in accordance with this Section 2 and a
statement of such time shall be furnished the General Chairman or General
Chairmen representing yard and road crews by the carrier each month. Unless
some other plan for equalization of time is agreed to by the General Chairman
or General Chairmen representing yard and road crews, the carrier shall periodically
advertise to road service employees the opportunity to work in yard
service, under yard rules and conditions, on assignments as may be mutually
agreed upon by the local representatives of the employees involved, for a
period of time sufficient to offset the time so consumed by yard crews outside the switching limits. In the event such local representatives fai! to
agree, the carrier will designate such assignments but shall not be sub- ject
to penalty claims because of doing so. Such equalization of time shall be
apportioned among employees holding seniority as road conductors or roae
brakemen in the same ratio as the accumulated hours of yard conductors (foremen)
and yard brakemen (helpers). In the event no road employee elects to
bid on the accumulated equalizing hours within the bulletined period such
accumulation of equalizing hours will be considered forfeited and a new accumulating
period shall commence. Section 3. This Agreement shall in no way affect the changing of yard or
switching limits at points where no yard crews are employed. Section 4. The foregoing is not intended to amend or change existing agreements
involving predominantly full-time switching service performed solely by
road crews at industrial parks located within the 4-mile limit referred to in
Section 2 hereof that have been negotiated on individual properties since the
National Agreements of 1951 and 1952. This rule shall become effective 15 days after the date of this
Agreement except on such carriers as may elect to preserve existing rules or
practices and so notify the authorized employee representatives on or before
such effective date.
ARTICLE VII – INTERCHANGE
Section 1. At points where yard crews are employed, road freight crews may
be required to receive their over-the-road trains from a connecting carrier
or deliver their over-the-road trains to a connecting carrier provided such
trains are solid trains which move from one carrier to another intact with or
without motive power and/or caboose. Section 2. If road crews referred to in Section 1 of this Article VII are
not required to return or deliver their motive power and/or their cabooses to
or from their on or off duty points an alternate means of transportation will
be provided. Section 3. At designated interchange points, if a carrier does not now
have the right to specify additional interchange tracks it may specify such
additional track or tracks as the carrier deems necessary providing such additional
track or tracks are in close proximity. Bulletins specifying additional
tracks will be furnished the General Chairman or General Chairmen involved
prior to the effective date. Section 4. If the number of cars being delivered to or received from interchange
tracks of a connecting carrier exceeds the capacity of the first track
used, it will not be necessary that anyone interchange track be filled to
capacity before use is made of an additional track or tracks provided, however,
the minimum number of tracks necessary to hold the interchange will be
used. Section 5. Crews used in interchange service may be required to handle
interchange to and from a foreign carrier without being required to run
"light" in either direction. Work equities between carriers previously established by agreement,
decision or practice will be maintained with the understanding that
such equity arrangements will not prevent carriers from requiring crews to
handle cars in both directions when making interchange movements. Where carriers
not now using yard and transfer crews to transfer cars in both directions
desire to do so, they may commence such service and notify the General
Committees of the railroad involved thereof to provide an opportunity to the
General Committees to resolve any work equities between the employees of the
carriers involved. Resolution of work equities shall not interfere with the
operations of the carriers or create additional expense to the carriers. It
is agreed, however, that the carriers will cooperate in providing the committees
involved with data and other information that will assist in resolution
of work equities. Section 6. The foregoing provisions are not intended to impose restrictions
with respect to interchange operation where restrictions did not exist
prior to the date of this Agreement. This rule shall become effective 15 days after the date of this Agreement
except on such carriers as may elect to preserve existing rules or
practices and so notify the authorized employee representatives on
or before such effective date. ARTICLE VIII - USE OF COMMUNICATION SYSTEMS Section 1. It is recognized that the use of communication systems including
the use of and the carrying of portable radios, pursuant to operating rules
of the individual carriers, is a part of the duties of employees covered by
this Agreement. Existing rules to the contrary are hereby eliminated. Section 2. On roads where rules now exist which provide for the payment of
arbitraries to employees for the carrying and/or use of radio equipment, such
arbitraries will be eliminated effective January 1, 1973. Section 3. Portable radios hereafter purchased for the use of and carried
by ground service employees in yard and transfer service will not exceed
three pounds in weight and will be equipped with a suitable holder which will
firmly hold the radio close to the body, or will be of such size as to permit
being placed in coat or trouser pockets. Portable radios used by ground service
employees in yard and transfer service which do not meet the foregoing
specifications will be replaced by December 31, 1973 or their use discontinued. Section 4. The size and weight of portable radios used by ground service
employees in road service will not exceed that presently in use and portable
radios hereafter purchased for use in this class of service will be of the
minimum size and weight necessary to insure safe and adequate communication.
This is not intended to require the purchase of radios weighing less than
three pounds. Section 5. Employees will not be held responsible for accidents caused by
failure of radio equipment to properly function. Section 6. At locations where radio is used sufficient frequency channels
will be utilized to provide safe communication.
ARTICLE IX - ROAD-YARD MOVEMENTS
Section 1. Road freight crews may be required at any point where yard crews
are employed to do any of the following as part of the road trip, paid for as
such without any additional compensation and without penalty payments to yard
crews, hostlers, etc: one straight pick up at another yard in the initial
terminal (in addition to picking up train) and one straight set out at another
yard in the final terminal (in addition to yarding the train); pick up
and/or set out at each intermediate point between terminals; switch out defective
cars from their own trains regardless of when discovered; handle engines
to and from train to ready track and engine house including all units coupled
and connected in multiple pick up and set out cars of their trains from or
to the minimum number of tracks which could hold the cars provided, however,
that where it is necessary to use two or more tracks to hold the train it is
not required that any track be filled to capacity; and exchange engine of its
own train. Section 2. The foregoing is not intended to impose restrictions with
respect to any operation where restrictions did not exist prior to the date
of this Agreement. There will be no change in work permitted or compensation
paid to combination assignments, such as mine runs, tabulated assignments,
etc, This rule shall become effective 15 days after the date of this
Agreement except on such carriers as may elect to preserve existing rules or
practices and so notify the authorized employee representatives on or before
such effective date.
ARTICLE X - COMBINING ROAD AND YARD SENIORITY
Seniority rosters of trainmen and yardmen shall be combined on a
topped and bottomed basis. Where two or more existing yard seniority rosters
are to be combined with an existing road seniority roster such yard rosters
will be dovetailed with yardmen maintaining prior rights in their respective
yards prior to being topped and bottomed with the road roster. All men on
the combined seniority rosters shall have rights to both road and yard assignments.
Existing road service men shall have prior rights to road assignments
and existing yard service men shall have prior rights to yard service assignments. All employees hired after the date of the combination of the
seniority rosters shall establish joint road and yard seniority.
ARTICLE XI - EXPENSES AWAY FROM HOME
Section 1. Effective on the date of this Agreement, Article II (Expenses
Away From Home) of the June 25, 1964 Agreement is amended to cover men in
train, engine or yard service called from the extra board or used in the
capacity of an extra man to fill vacancies at outlying points subject to the
following additional conditions: (a) The outlying point must be 30 miles or more from the
terminal limits of the location where the extra list
from which called is maintained. (b) Lodging or allowances in lieu thereof where applicable
will be provided only when extra men are held at
the outlying point for more than one tour of duty and
will continue to be provided for the periods held for
each subsequent tour of duty. Section 2. Effective 15 days after the date of this Agreement the meal
allowance provided for in Article II, Section 2 of the June 25, 1964 National
Agreement is increased from $1.50 to $2.00, and an additional $2.00 meal
allowance will be provided after being held an additional 8 hours.
ARTICLE XII - INTERDIVISIONAL SERVICE
NOTE: As used in this Agreement, the term
interdivisional service includes interdivisional,
interseniority district, intradivisional
and/or intraseniority district service. An individual carrier may establish interdivisional,
interseniority district, intradivisional or intraseniority district service,
in freight or passenger service subject to the following procedure. Section 1. With respect to runs which do not operate through a home terminal
or home terminals of previously existing runs which are to be extended
the carriers may proceed as follows: (a) A letter of intent setting forth the particulars of
the service to be established will be served on the
organization, provided that not more than 2 such letters
of intent are permitted to be pending concurrently
and that each letter of intent may involve no more
than 3 separate proposed operations. (b) A meeting will be held within ten days of the date
of the letter of intent, attended by representatives
of the Railway Company and the General Committee or
Committees, and a "Task Force" will be appointed for
the purpose of meeting and discussing the details of
operation of the runs specified in the carrier's letter
of intent, and reach an agreement if possible. The
Railway Company and the General Chairman or General
Chairmen may each designate representatives to
serve on the "Task Force." (c) During a period of 30 days following the date of the
letter of intent the Task Force will discuss the
details of operation and working conditions of the
proposed runs but if the parties are unable to agree,
at the end of the 30-day period the run or runs will
be operated on a trial basis until completion of the
procedures referred to in paragraphs (e) and (f). (d) Subsequent to the 30-day period in which the operation
is discussed by the Task Force, the assignments
will be placed in effect and operated by the carrier
on the basis of working conditions referred to in
Section 3 for a test period of 60 days. (e) At the end of the 60-day test period referred to in
paragraph (d) the parties will hold conferences for
the purpose of negotiating an agreement to cover the
operation of the interdivisional assignments. (f) If the parties have not reached agreement within
30 days following the 60-day test period, the matter
will be submitted to the ranking labor relations officer
of the Railway Company and a vice president of
the UTU for disposition. If not disposed of within
30 days by them, the matter will be submitted to arbitration
for final and binding decision in accordance
with the Railway Labor Act. Decision of the Arbitration
Board will be made within 180 days after the
date of the letter of intent referred to in paragraph (a). Section 2. With respect to runs which an individual carrier proposes to
operate through a home terminal or home terminals of the run or runs it
proposes to extend pursuant to this Article, the following procedures will be
followed: (a) The carrier may serve notice of intent to establish
a rule under which such runs may be established.
Within 10 days of receipt of such notice by the organization,
its authorized representatives and those of
the carrier shall meet for the purpose of establishing
conditions, consistent with the minimum requirements
of Section 3 of this article, to be included in
such a rule. If agreement is not reached by those
representatives within 90 days of the notice of
intent, the matter will be referred to a Task Force
for final and binding determination of such conditions. The Task Force shall consist of 1 member to be
appointed by the management of the individual carrier,
1 member appointed by the organization and 1 neutral
member to be appointed by the National Mediation
Board. The decision of this Task Force prescribing
the conditions under which such runs may be established
consistent with the minimum requirements of
Section 3 of this Article shall be made within 180
days of this notice of intent. In its decision the Task Force shall include among
other matters decided the provisions set forth in
Article XIII of this Agreement for protection of
employees adversely affected as a result of the
discontinuance of any existing runs or the establishment
of new runs resulting from application of this rule,
and in addition may give consideration to whether or
not such rule should contain a provision that special
allowances to home owners should be included because
of moving to comparable housing in a higher cost real
estate area. (b) Upon establishment of the rule provided for in
paragraph (a) above the carrier may serve a letter of
intent on each affected General Chairman of its intention
to establish such runs. The carrier may have no
more than 2 letters of intent pending concurrently
and each letter of intent may involve no more than 3
proposed operations. Within ten days of the date of
the letters of intent provided for herein the authorized
representatives of the carrier and the organization
will appoint a Task Force to discuss and agree
upon the details of operation and working conditions
of the proposed run or runs, but if the parties are
unable to agree within 30 days of the date of the
letter of intent, the matter will be submitted to
arbitration for final and binding decision in accordance
with the Railway Labor Act. The decision of
the Arbitration Board will be made within 60 days of
each letter of intent provided for herein. Section 3. Reasonable and practical conditions shall govern the establishment
of the runs described above including but not limited to the following: (a) All miles run over 100 shall be paid for at the mileage
rate established by the basic rate of pay for the
first 100 miles or less. (b) When crews are required to report for duty or are
relieved from duty at a point other than the on and
off duty points fixed for the service established
hereunder, the carrier shall authorize and provide
suitable transportation for the crews. (c) Crews will be allowed a $2.00 meal allowance after
4 hours at the away-from-home terminal and another
$2.00 allowance after being held an additional 8 hours. (d) In order to expedite the movement of interdivisional
runs, crews on runs of 100 miles or less will not
stop to eat except in cases of emergency or unusual
delays. For crews on runs of more than 100 miles,
the carrier shall determine the conditions under
which such crews may stop to eat. When crews on runs
of more than 100 miles are not permitted to stop to
eat, members of such crews shall be paid an allowance
of $1.50 for the trip. Section 4. Interdivisional, interseniority district, intradivisional or
intraseniority district service in effect on the date of this Agreement is
not affected by this rule. Section 5. The foregoing provisions are not intended to impose restrictions
with respect to establishing interdivisional, interseniority district,
intradivisional or intraseniority district service where restrictions did not
exist prior to the date of this Agreement. This Article shall become effective 15 days after the date of
this Agreement except on such carriers as may elect to preserve existing
rules or practices and so notify the authorized employee representatives on
or before such effective date.
ARTICLE XIII - PROTECTION OF EMPLOYEES
The scope and purpose of this Article XIII are to provide, to the
extent specified herein, for fair and equitable arrangements to protect the
interests of certain of the carriers' employees represented by the United
Transportation Union who are adversely affected by the application of Article VII -
Interchange, Article IX - Road-Yard Movements, and Article XII - Interdivisional
Service of this Agreement; therefore, fluctuations and changes in volume
or character of employment brought about by other causes are not
within the purview of this Article. Section 1. Definitions. Wherever used in this Article, unless the context requires otherwise: (a) "Implementation" means the application and implementation
of the provisions of Article VII Interchange,
Article IX - Road-Yard Movements, or Article XII -
Interdivisional Service of this Agreement. (b) "Displaced Employee" means a carrier employee represented
by the UTU who as a result of an Implementation
is placed in a worse position with respect to
his compensation. (c) "Dismissed Employee" means a carrier employee represented
by the UTU who as a result of an Implementation
is deprived of employment with the carrier
because of the abolition of his position or the loss
thereof as the result of the exercise of seniority
rights by an employee whose position is abolished as
a result of an Implementation. (d) "Protective Period" for employees covered by Section 2(a)
of this Article means that period of time
during which a Displaced or Dismissed Employee is to
be provided protection hereunder. The Protective
Period for such employee shall extend from the date
he is displaced or dismissed for a period of time
equal to the length of time which such employee has
seniority in the craft or class at the time he is
adversely affected. In no event, however, will the
Protective Period extend beyond the employee's 65th
birthday. Where an employee holds seniority as a
conductor and brakeman or yardman or as an engineer
and fireman, the earlier seniority date shall govern.
In the event such a Displaced Employee elects
to remain in the carrier's service after the first
day of the month following the month he attains age
65, he will no longer receive any of the protective
benefits of this Article XIII and the carrier may
terminate on the same seniority district the protective
benefits then being provided the junior Dismissed
or Displaced Employee receiving protection
under this Article on such seniority district on a
one-for-one basis. (e) "Protective Period" for employees covered by Section
2(b) of this Article means the six-year period
of time from the date such employee is dismissed but
not to exceed the length of time which such employee
has seniority in the craft or class at the time he is
dismissed. Where an employee holds seniority as a
conductor and brakeman or yardman or as an engineer
and fireman, the earlier seniority date shall govern. Section 2. Coverage. (a) Subject to the other provisions of this Article, the protective
benefits of Sections 3, 4, 5 and 6 of this Article XIII apply to:
(1) Employees adversely affected directly or indirectly
by an Implementation of Article XII - Interdivisional
Service. (2) Regularly assigned employees assigned to yard crews
that regularly spend more than 50 percent of their
time in interchange work who are adversely affected
as a result of an Implementation of the reciprocal
interchange provisions of Section 5 of Article VII -
Interchange. (Such employees will be determined by a
joint check based upon the work performance of the
involved yard crews for the 30 working days prior to
the Implementation.) (3) Regularly assigned employees assigned to interchange
or transfer crews adversely affected by the interchange
of solid trains provision under Section 1 of
Article VII - Interchange. (4) Employees of Terminal Companies adversely affected
either directly or indirectly by the interchange of
solid trains provision under Section 1 of Article
VII - Interchange. (b) Subject to the other provisions of this Article, the protective
benefits provided in Sections 4 and 5 of this Article XIII will be
accorded to any employee of the carrier adversely affected by Article VII -
Interchange, other than those covered by subparagraphs (2) and (3) of Section
2(a) of this Article XIII, or Article IX - Road-Yard Movements. (c) The protective provisions of this Section as applied to Terminal
Company employees will include, in addition to the above, the exercise
of seniority and acceptance of employment on the involved line-haul carriers,
engine service employees being required to accept engine service employment
and ground service employees being required to accept ground service employment.
The involved line-haul carriers will make appropriate arrangements in
connection with subparagraph (a)(4) of this Section and the foregoing. Section 3. Displacement Allowance. (a) So long during his Protective Period after a Displaced
Employee's displacement as he is unable, in the normal exercise of his seniority
rights under existing agreement, rules and practices, to obtain a position
producing compensation equal to or exceeding the compensation he
received in the position from which he was displaced, he shall be paid a
monthly displacement allowance equal to the difference between the monthly
compensation received by him in the position in which he is retained and the
average monthly compensation received by him in the position from which he
was displaced. (b) Each Displaced Employee's displacement allowance shall be
determined by dividing separately by 12 the total compensation received by
the employee and the total time for which he was paid during the last 12
months in which he performed service immediately preceding the date of his
displacement as a result of the Implementation (thereby producing average
monthly compensation and average monthly time paid for in the test period).
Both the above "total compensation" and the "total time for which he was
paid" shall be adjusted to reflect the reduction on an annual basis, if any,
which would have occurred during the specified twelve month period had Public
Law 91-169, amending the Hours of Service Act of 1907, been in effect throughout
such period (i.e. 14 hours limit for any allowance paid during the period
between December 26, 1970 and December 25, 1972 and 12 hours limit for any
allowances paid thereafter). Such allowance shall also be adjusted to
reflect subsequent general wage increases. In the event a Displaced Employee
shall have less than 12 months of service his total compensation and total
time paid for shall be divided by the number of months in which he performed
service. (c) If a Displaced Employee's compensation in his retained position
in any month is less in any month in which he performs work than the
aforesaid average compensation (adjusted to reflect subsequent general wage
increases) to which he would have been entitled, he shall be paid the difference,
less compensation for time lost on account of his voluntary absences to
the extent that he is not available for service equivalent to his average
monthly time during the test period but if in his retained position he works
in any month in excess of the aforesaid average monthly time paid for during
the test period he shall be additionally compensated for such excess time at
the rate of pay of the retained position. (d) If a Displaced Employee fails to exercise his seniority
rights to secure another position available to him which does not require e
change in his place of residence, to which he is entitled under the Schedule
Agreement and which carries a rate of pay and compensation exceeding those of
the position which he elects to retain, he shall thereafter be treated for
the purposes of this section as occupying the position he elects to decline. (e) The displacement allowance shall cease prior to the expiration
of the Protective Period in the event of the Displaced Employee's resignation,
death, retirement or dismissal for justifiable cause. Section 4. Dismissal Allowances. (a) A Dismissed Employee shall be paid a monthly dismissal allowance,
from the date he is deprived of employment and continuing during his
protective period, equivalent to one-twelfth of the compensation received by
him in the last 12 months of his employment in which he earned compensation
prior to the date he is first deprived of employment as a result of the transaction.
Such allowance shall be adjusted to reflect on an annual basis the
reduction, if any, which would have occurred during the specified twelve
month period had Public Law 91-169, amending the Hours of Service Act of
1907, been in effect throughout such period (i.e., 14 hours limit for any
allowance paid during the period between December 26, 1970 and December 25,
1972 and 12 hours limit for any allowances paid thereafter). Such allowance
shall also be adjusted to reflect subsequent general wage increases. In the
event a Dismissed Employee shall have less than 12 months of service his
total compensation and total time paid for shall be divided by the number of
months in which he performed service. (b) The dismissal allowance of any Dismissed Employee who
returns to service with the carrier shall cease while he is so reemployed.
During the time of such reemployment, he shall be entitled to protection in
accordance with the provisions of Section 3. (c) The dismissal allowance of any Dismissed Employee shall be
reduced to the extent that his combined monthly earnings in other employment,
any benefits received under any unemployment insurance law, and his dismissal
allowance exceed the amount upon which his dismissal allowance is based.
Such employee, or his representative, and the carrier shall agree upon a procedure
by which Railroad shall be currently informed of the earnings of such
employee in employment other than with the carrier, and the benefits
received. (d) The dismissal allowance shall cease prior to the expiration
of the protective period in the event of the employee's resignation, death,
retirement, dismissal for justifiable cause under existing agreements, failure
to return to service after being notified in accordance with the working
agreement, or failure without good cause to accept a comparable position
which does not require a change in his place of residence for which he is
qualified and eligible with the carrier from which he was dismissed after
being notified. Section 5. Separation Allowance. A Dismissed Employee entitled to protection under this Article,
may, at his option within 7 days of his dismissal, resign and (in lieu of all
other benefits and protections provided in this Article) accept a lump sum
payment computed in accordance with Section 9 of the Washington Job Protection
Agreement of May, 1936. Section 6. Fringe Benefits. No employee of a carrier who is affected by an Implementation
shall be deprived during his Protective Period of benefits attached to his
previous employment, such as free transportation, hospitalization, pensions,
relief, et cetera, under the same conditions and so long as such benefits
continue to be accorded to other employees of the carrier, in active service
or on furlough as the case may be, to the extent that such benefits can be so
maintained under present authority of law or corporate action or through
future authorization which may be obtained. Section 7. Seasonal Fluctuations and Declines in Business. (a) In the event of a decline in a carrier's business measured
by the net revenue ton-miles in any 30-day period compared with the net revenue
ton-miles for the corresponding period in the preceding calendar year,
the number of employees who are receiving dismissal or displacement allowances
may be reduced at any time during the said payroll period to the extent of
one percent for each one percent decline. Such reductions in protected
employees shall be made in inverse seniority order. Upon restoration of a
carrier's volume of net revenue ton-miles employees must be returned to their
protective status to the extent of one percent for each one percent rise in
net revenue ton-miles. In the case of Terminal Companies, the decline in
business shall be measured by the total number of loaded and empty cars
received from and delivered to connecting carriers, including the number of
loaded and empty cars handled in solid interchange trains, in any 30-day period
compared with the volume of such interchange in the corresponding period
in the preceding calendar year. (b) In the event that an employee receiving a displacement allowance
is subsequently placed in a worse position by reason of a seasonal fluctuation
or a decline in business, so long as he continues in such position
for that reason the amount paid him as his displacement allowance shall continue
unchanged. (c) In the event that a Displaced Employee is deprived of employment
With the carrier as the result of a seasonal fluctuation or a decline in
business, his dismissal allowance shall be the amount which was being paid
him as his displacement allowance. An employee other than a Displaced Employee
who is deprived of employment as the result of a seasonal fluctuation or a
decline in business shall not be paid any protective benefits under this Article XIII Section 8. Arbitration of Disputes. (a) In the event the carrier and the UTU are unable to settle
any dispute or controversy with respect to the interpretation, application or
enforcement of any provision of this Article within 20 days after the dispute
arises, it may be referred by either party to an arbitration committee. Upon
notice in writing served by one party on the other of intent by that party to
refer a dispute or controversy to an arbitration committee, each party shall,
within 10 days, select one member of the committee and the members thus chosen
shall select a neutral member who shall serve as chairman. If any party
fails to select its member of the arbitration committee within the prescribed
time limit, the general chairman of the UTU or the highest officer designated
by the carrier, as the case may be, shall be deemed the selected member, and
the committee shall then function and its decision shall have the same force
and effect as though all parties had selected their members. Should the members
be unable to agree upon the appointment of the neutral member within 10
days, the parties shall then within an additional 10 days endeavor to agree
upon a method by which a neutral member shall be appointed, and, failing such
agreement, either party may request the National Mediation Board to designate
within 10 'days the neutral member whose designation will be binding upon the
parties. (b) The decision, by majority vote, of the arbitration committee
shall be final, binding, and conclusive and shall be rendered within 45 days
after the hearing of the dispute or controversy has been concluded and the
record closed. (c) The salaries and expenses of the neutral member shall be
borne equally by the parties to the proceeding and all other expenses shall
be paid by the party incurring them. (d) In the event of any dispute as to whether or not a particular
employee was adversely affected by an Implementation, it shall be his
obligation to identify the adverse effect and specify the pertinent facts
relied upon. If the facts so stated are sufficient to support a finding that
the employee was so adversely affected by an Implementation, it shall then be
the Railroad's burden to disprove those facts or prove that other factors
affected the employee. Section 9. Any Displaced Employee required to change his residence because
of the Implementation of Article XII - Interdivisional Service shall receive
the benefits contained in Sections 10 and 11 of the Washington Job Protection
Agreement except that he will be allowed 5 working days instead of "two working
days" as provided in Section 10 of said Agreement, and in addition to
such benefits shall receive a transfer allowance of $400.00. The National
Mediation Board is substituted for the Interstate Commerce Commission in
Section 11(d) of said Agreement. Change of residence shall not be considered
"required" if the reporting point to which the employee is changed is not
more than 30 miles from his former reporting point. Section 10. If any protective benefits greater than those provided in this
Article are available under existing agreements, such greater benefits shall
apply subject to the terms, conditions, responsibilities and obligations of
both the carrier and employee under such agreements, in lieu of the benefits
provided in this Article. There shall be no duplication or pyramiding of
benefits to any employees.
ARTICLE XIV - STANDING COMMITTEE
It is hereby agreed that the parties signatory to this Agreement
will establish within 60 days of the date of this Agreement a Standing Committee
as proposed by Emergency Board No. 178 consisting of two partisan members
representing the Carriers, two partisan members representing the Organization
and a disinterested Chairman. If the partisan members of the Standing Committee cannot agree on
the Chairman within the 60-day period, the partisan members shall request the
Chairman of the National Mediation Board and/or the Secretary of Labor to
confer with the members and within 90 days of the date of this Agreement
select such disinterested Chairman. The Standing Committee, as so constituted,
shall determine the procedures under which it will operate, with the
understanding such procedures will not include arbitration procedures unless
agreed upon by the partisan members of the Standing Committee. The life of the Standing Committee shall extend over the terms of
this Agreement, at which time it will be terminated unless continued by mutual
agreement of the partisan members. The Standing Committee may be terminated
at any time by mutual agreement of the partisan members. The following items shall be considered by the Committee: Basis of pay
Car-Scale additives
Elimination of arbitraries applicable to road and yard employees
Mileage holddown
Road-yard proposals not disposed of in this Agreement
Reduction of work month for dining car stewards
Overtime in passenger service
Time and one-half for working during vacation periods
Sick leave pay
Elimination of hostlers
Paid holidays for employees not now eligible for paid holidays
ARTICLE XV - GENERAL PROVISIONS
Section 1 - Court Approval This agreement is subject to approval of the courts with respect
to carriers in the hands of receivers or trustees. Section 2 - Effect of This Agreement (a) The purpose of this Agreement is to fix the general level of
compensation during the period of the Agreement and is in settlement of
disputes growing out of notices served upon the carriers listed in Exhibit A
by the UTU (E-C-T-S) dated on or about October 20, 1969 and November 20, 1969
and proposals served by the carriers for concurrent handling therewith. (b) This Agreement shall be construed as a separate agreement by
and on behalf of each of said carriers and their employees represented by the
organization signatory hereto, and shall remain in effect until July 1, 1973
and thereafter until changed or modified in accordance with the provisions of
the Railway Labor Act, as amended. (c) The parties to this Agreement shall not serve nor progress
prior to January 1, 1973 (not to become effective before July 1, 1973) any
notice or proposal for changing any matter contained in this Agreement,
including those matters referred to the Standing Committee, and any pending
notices which propose such matters are hereby withdrawn. These matters
include the following subjects: Wage adjustments
Vacations
Holidays
Jury service
Switching limits and switching service for new and other industries
Interchange service
Use of communication systems
Road/yard movements
Combining road and yard seniority
Expenses away from home
Interdivisional, interseniority district, intradivisional and/or intraseniority district service
Employee protection except future mergers, consolidations or coordinations
Basis of pay
Car-scale additives
Arbitraries applicable to road and yard employees
Mileage holddown
Road-yard proposals not disposed of in this Agreement
Reduction of work month for dining car stewards
Overtime in passenger service
Time and one-half for working during vacation periods
Sick leave pay
Elimination of hostlers
Paid holidays for employees not now eligible for paid holidays (d) Nothing in the foregoing, however, will prevent the handling
of the items by the Standing Committee as provided for in Article XIV of this
Agreement. (e) This Article will not debar management and committees on
individual railroads from agreeing upon any subject of mutual interest. SIGNED AT WASHINGTON, D. C., THIS 27TH DAY OF JANUARY, 1972. FOR THE PARTICIPATING CARRIERS
LISTED IN EXHIBIT A:
/s/ William H. Dempsey
Chairman
/s/ C. A. Ball
/s/ F. K. Day, Jr.
/s/ T. C. DeButts
/s/ G. L. Farr
/s/ J. J. Maher
/s/ C. E. Mervine, Jr.
/s/ Earl Oliver
/s/ O. H. Osborn
/s/ George S. Paul
/s/ G. M. Seaton, Jr.
FOR THE EMPLOYEES REPRESENTED BY
THE UNITED TRANSPORTATION UNION:
/s/ Al H. Chesser
/s/ C. F. Lane
/s/ J. W. Jennings
/s/ Q. C. Gabriel
/s/ W. R. Meyers
WITNESS:
/s/ George S. Ives
Chairman
National Mediation Board NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
January 27, 1972 Mr. Al H. Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser: We have received from the Pay Board a copy of the resolution of the
Board respecting the wage increases provided for in the agreement executed
January 27, 1972, by the UTU and the carriers. The Pay Board, in approving
the 1972 increases, advised that prenotification by the carriers should contain
a showing that the work rules changes "are being implemented in accordance
with the applicable provisions of the agreement." We will, of course,
see to it that there is proper prenotification, and we will join with the UTU
in supplying whatever information may be required to satisfy the Board's condition. As to the 1973 wage package which is within the Board's current
guidelines and as to which the Board has not attached any such conditions, we
will prenotify and submit to the Board whatever documents may be required. Yours very truly,
/s/ William H. Dempsey
Chairman EXECUTIVE OFFICE OF THE PRESIDENT
PAY BOARD
Washington, D.C. 20508
January 25, 1972
Mr. William Dempsey, Chairman
National Railway Labor Conference
1225 Connecticut Avenue, N.W.
Washington, D.C. 20036
Dear Mr. Dempsey: This is to inform you that on January 25, 1972, the Pay Board adopted the
following resolution: Resolved: 1. That the agreement between the United Transportation Union and
the railroads by the National Railway Labor Conference is an existing
agreement by definition. 2. That the Pay Board, pursuant Section 201.13(b) of existing Pay
Board regulations, approves wage and salary increases scheduled to
have become effective April 1, 1971 and October 1, 1971, pursuant to
terms of the agreement. 3. That the Board takes notice of the changes in work rules covered
by the agreement and recognizes that encouragement of increases
in productivity is in the National interest; and 4. That the Board intends to approve deferred increases in wages
and salaries for the year 1972 under terms of the agreement provided
that on the prenotification dates required for such increases, the
work rules changes covered by the agreement are being implemented in
accordance with the applicable provisions of the agreement. Sincerely,
/s/ Jerome K. Tankel
Executive Secretary NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
January 27, 1972 Mr. Al H. Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser: Proposals I and J of Attachment "A" to the Section 6 Notices served
by the Carriers for concurrent handling with the UTU proposals of
November 20, 1969, are hereby withdrawn without prejudice to the rights or
liabilities of either party in regard to the unilateral promulgation of these
proposals on certain Carriers on or after July 16, 1971. Withdrawal of these proposals by the Carriers will not prejudice or
jeopardize the position of any of the parties in the handling of Section 6
Notices Nos. 1 and 3 served on the Carriers by the then Brotherhood of Locomotive
Firemen and Enginemen (now the United Transportation Union (E)) on or
about November 15, 1965, and Carrier proposals served for handling concurrently
therewith. Yours very truly,
/s/ William H. Dempsey
ACCEPTED:
/s/ Al H. Chesser NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
January 27, 1972
Mr. Al H. Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser:
This will confirm our understanding that the increase in rates of
pay effective April 1, 1971, provided by Section 1 of Article I of the Agreement
of January 27, 1972, and as set forth in Appendix 1 thereto, shall not
in any way affect the positions or rights of the parties with respect to the
rates and basis of pay in effect during the period of the promulgation and
implementation of the Carriers' work rules between 6:00 a.m. July 16, 1971,
local time, and 12:01 p.m. August 2, 1971, except that the 4% increase effective
April 1, 1971 will apply to the promulgated rates of pay. Yours very truly,
/s/ William H. Dempsey
ACCEPTED:
/s/ Al H. Chesser NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
January 27, 1972
Mr. A. H. Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser: In accordance with our understanding, this is to confirm that the
carriers will make all reasonable efforts to make the retroactive increase
payments provided for in the Agreement signed today as soon as possible.
If a carrier finds it impossible to make the permissible retroactivity
payments within sixty days, it is understood that such carrier will notify
you in writing as to why such payments have not been made and indicate when
it will be possible to make such retroactive payments. Yours very truly,
/s/ William H. Dempsey
Chairman NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
January 27, 1972
Mr. Al H. Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser: This has reference to the Letters of Understanding with the former
ORC&B, BLF&E and B of RT in connection with the application of "the additional
$.40" increase in daily rates provided for in the last previous agreements.
The paragraph in those letters of understanding dealing with the
application of "the additional ~ .40" generally reads as follows: "It is intended that the daily rate increase of 'an additional
$.40' will apply, on each individual railroad, to
the rates of pay of conductors, flagmen and brakemen
employed in the types of road service in which on such
railroad holiday pay under Article I, Section 2 of the
Agreement of June 25, 1964 is presently applied. Such
increase will not apply to any type of passenger service." This is to advise that the word "presently" as underlined above was
not intended to preclude the application of "the additional ~.40" to any
employee represented by your organization who became eligible for holiday pay
under the provisions of Article I, Section 2 of the June 25, 1964 Agreement
by reason of developments subsequent to the dates of such Letters of Understanding. Yours very truly,
/s/ William H. Dempsey
ACCEPTED:
/s/ Al H. Chesser NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
January 27, 1972
Mr. Al H. Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser: This has reference to Article XI - Expenses Away From Home - of the
Agreement signed today. It is understood that if an extra man used to fill a vacancy at an
outlying point, who comes within the operation of Article XI, after completing
a tour of duty is held over for a second tour of duty which is to commence
more than four hours after the completion of his first tour of duty, he
will be provided lodging or an allowance in lieu thereof under Article II,
Section 1 of the June 25, 1964 Agreement. He will continue to be provided
such lodging or allowances (but not more than one such allowance for each
24-hour period at the outlying point) if he is thereafter so' held over for
one or more subsequent tours of duty. Yours very truly,
/s/ William H. Dempsey
ACCEPTED:
/s/ Al H. Chesser NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
January 27, 1972
Mr. A. H Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser: It is understood and agreed that Article X of the Agreement of
January 27, 1972, Combining Road and Yard Seniority, requires implementing
agreements on the individual railroads. Yours very truly,
/s/ William H. Dempsey
Chairman EXHIBIT A RAILROADS REPRESENTED BY THE NATIONAL CARRIERS' CONFERENCE COMMITTEE IN CONNECTION
WITH NOTICES, DATED ON OR ABOUT OCTOBER 20 AND NOVEMBER 20, 1969,
SERVED BY THE GENERAL CHAIRMEN, OR OTHER RECOGNIZED REPRESENTATIVES, OF THE
UNITED TRANSPORTATION UNION (E), (C), CT) AND (S), OF DESIRE TO CHANGE AGREEMENTS
TO THE EXTENT INDICATED IN ATTACHMENTS NOS. 1 THERETO, AND PROPOSALS
SERVED BY THE RAILROADS FOR CONCURRENT HANDLING THEREWITH. Subject to indicated footnotes, this authorization is co-extensive
with notices filed and with provisions of current schedule agreements
applicable to employees represented by the United Transportation
Union (E), (C), (T) and/or (S), as indicated by "x" inserted in
the appropriate column(s) below: CRAFT NOTATIONS NOT REPRODUCED IN THIS ELECTRONIC DOCUMENT
DOWNLOAD ‘PDF’ FOR COMPLETE CHART RAILROADS
Akron and Barberton Belt RR
Akron, Canton and Youngstown RR
Alton and Southern Railway
Ann Arbor Railroad
Atchison, Topeka & Santa Fe RY
Atlanta and West Point RR -
The Western Railway of Alabama
Atlanta Joint Terminals
Baltimore and Ohio Railroad
Baltimore and Ohio Chicago Terminal RR
Bangor and Aroostook Railroad
Bauxite and Northern Railway
Belt Railway Company of Chicago
Bessemer and Lake Erie Railroad
Birmingham Southern Railroad
*Boston and Maine Corporation
Brooklyn Eastern District Terminal
Buffalo Creek Railroad
Burlington Northern, Inc.
Butte, Anaconda and Pacific RY
Camas Prairie Railroad
Canadian National Railways,
Great Lakes Region, Lines in the United States
St. Lawrence Region, Lines in the United States
Central of Georgia Railway
Central RR Company of New Jersey
Central Vermont Railway, Inc.
Chesapeake and Ohio Railway
Chicago and Eastern Illinois RR
Chicago and Illinois Midland RY
Chicago and Western Indiana Railroad
Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago Produce Terminal Company
Chicago River and Indiana Railroad
Chicago, Rock Island and Pacific RR
Chicago Short Line Railway
Chicago South Shore and South Bend RR
Chicago Union Station Company
Chicago, West Pullman and Southern RR
Cincinnati Union Terminal Company
Clinchfield Railroad
Colorado and Southern Railway
Columbia and Cowlitz Railway
Davenport, Rock Island and North Western Railway
Delaware and Hudson Railway
Denver and Rio Grande Western RR
Des Moines Union Railway
Detroit and Toledo Shore Line RR
Detroit Terminal Railroad
Detroit, Toledo and Ironton Railroad
Duluth, Missabe and Iron Range RY
Duluth, Winnipeg and Pacific RY
East St. Louis Junction Railroad
Elgin, Joliet and Eastern Railway
Erie Lackawanna Railway
Fort Worth and Denver Railway
Galveston, Houston and Henderson RR
Galveston Wharves
Georgia Railroad
Grand Trunk Western Railroad
Green Bay and Western Railroad
Gulf, Mobile and Ohio Railroad
Houston Belt and Terminal Railway
Illinois Central Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Indiana Harbor Belt Railroad
Indianapolis Union Railway
Jacksonville Terminal Company
Joint Texas Division of CRI&P-FW&D RY
Kansas City Southern Railway
Kansas City Terminal Railway
Kentucky and Indiana Terminal Railroad
Lake Superior Terminal and Transfer RY
Lake Terminal Railroad
Lehigh and Hudson River Railway
Lehigh and New England Railway
*Lehigh Valley Railroad
Longview, Portland and Northern RY
Los Angeles Junction Railway
Louisiana and Arkansas Railway
Louisville and Nashville Railroad
Maine Central Railroad
Portland Terminal Company
Manufacturers Railway
McKeesport Connecting Railroad
Minneapolis Eastern Railway
Minneapolis, Northfield and Southern RY
Minnesota, Dakota and Western Railway
Minnesota Transfer Railway
Missouri-Kansas-Texas Railroad
Missouri Pacific Railroad
Missouri-Illinois Railroad
Monongahela Railway
Montour Railroae
Newburgh and South Shore Railway
New Orleans Public Belt Railroad
New Orleans Union Passenger Terminal
New York and Long Branch Railroad
New York, Susquehanna and Western RR
Norfolk and Portsmouth Belt Line RR
Norfolk Southern Railway
Norfolk and Western Railway,
Atlantic and Pocahontas Regions, including Sandusky Line;
Lines of Former New York, Chicago & St. Louis RR;
Lines of former Pittsburgh & West Virginia Ry.;
Lines of Former Wabash RR., East and West of Detroit
Northampton and Bath Railroad
Northwestern Pacific Railroad
Ogden Union Railway and Depot Company
Oregon, California and Eastern RY
*Penn Central Transportation Company
Pennsylvania-Reading Seashore Lines
Peoria and Pekin Union Railway
Pittsburgh & Shawmut Railroad
Pittsburgh and Lake Erie Railroad, including Lake Erie and Eastern RR
Pittsburgh Chartiers & Youghiogheny RY
Portland Terminal Railroad Company
Port Terminal Railroad Association
Quanah, Acme and Pacific Railway
*Reading Company
Richmond, Fredericksburg and Potomac Railroad, including Potomac Yard
St. Joseph Terminal Railroad
St. Louis-San Francisco Railway
Northeast Oklahoma District
Alabama, Tennessee & Northern Dist.
St. Louis Southwestern Railway
Saint Paul Union Depot Company
San Diego and Arizona Eastern RY
Seaboard Coast Line Railroad
Soo Line Railroad
Southern Pacific Transportation Company,
Pacific Lines
Texas and Louisiana Lines
Southern Railway
Alabama Great Southern Railroad, including former New Orleans & Northeastern Railroad
Cincinnati, New Orleans and Texas Pacific Railway, including former Harriman & Northeastern Railway
Georgia Southern and Florida RY
New Orleans Terminal Company
St. Johns River Terminal Company
South Omaha Terminal Railway
Spokane International Railroad
Staten Island Railroad Corporation
Terminal RR Association of St. Louis
Texas and Pacific Railway
Fort Worth Belt Railway
New Orleans and Lower Coast RR
Texas-New Mexico Railway
Texas Mexican Railway
Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans
Toledo, Peoria and Western Railroad
Toledo Terminal Railroad
Union Pacific Railroad
Union Terminal Company (Dallas)
Union Terminal RY - St. Joseph Belt RY
Washington Terminal Company
Western Maryland Railway
Western Pacific Railroad
Wichita Terminal Association
Youngstown and Northern Railroad
Youngstown and Southern Railway
NOTES: -
* - Subject to approval of the Courts. 1 - Authorization also covers Engineers and Firemen on the Strouds
Creek and Muddlety Territory and the Curtis Bay Railroad
2 - Authorization also covers Conductors and Trainmen on the Strouds
Creek and Muddlety Territory.
3. - Authorization also covers Conductors and Trainmen on the BR&P
Territory.
4. - Item D of the Carrier's counterproposals was not served on the
organization covering employees of the former King Street
Passenger Station and the former Northern Pacific Railway.
5. - Item D of the Carrier's counterproposals was not served on the
organization covering employees of the former Northern Pacific
Railway.
6. - Authorization covers only employees of the former Great Northern
Railway.
7. - Carrier did not serve Item D of counterproposals on the
organization.
8. - Authorization is confined to the negotiation of the November 20 y
1969 notice. (The notice served on the Carrier by the
organization was dated November 26, 1969.)
9. - Organization did not serve the November 20, 1969 notice on the
Carrier.
10. - Authorization covers Outside Terminal Yard Conductors in addition to
Road Conductors on the Carrier's Missabe Division.
11. - Authorization applies only to one engineer on the former MR&N
Railroad, Muskegon, Michigan.
12. - Authorization covers Yardmasters, only.
13. - Authorization applies to Brakemen on Texas Subdivision, Yardmen at
Greenville, Texas and New Orleans, Louisiana, and Engine Foremen
at Baton Rouge, Louisiana.
14. - Authorization covers the Monon Division, only.
15. - Both notices served by the organization on the Carrier on
December 8, 1969.
16. - Authorization includes Engineers on Canada Division but does not
include Firemen and Hostlers on the Louisville and Jeffersonville
Bridge and Railroad.
17. - Authorization includes Road Conductors on the former New York
Central Railroad only, except on the Canada Division.
18. - Authorization includes Road Conductors on the Canada Division;
Yardmasters on the Canada Division, and employees of the former
New York, New Haven and Hartford Railroad.
19. - Authorization includes former El Paso & Southwestern System and
Nogales, Arizona, Yard.
20. - Authorization includes former El Paso & Southwestern System.
21. - Authorization excludes Dining Car Stewards.
22. - Authorization includes the former Kansas, Oklahoma and Gulf Railway. FOR THE CARRIERS:
/s/ William H. Dempsey
FOR THE UNITED TRANSPORTATION UNION:
/s/ C. F. Lane
Washington, D.C.,
January 27, 1972 NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 31, 1973
Mr. Al H. Chesser
President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser: This will confirm our understanding that the preamble paragraph of
Article III - Vacations of the January 27, 1972 Agreement, Mediation Case No.
A-8830, should read as follows: "Insofar as applicable to employees represented
by the United Transportation Union, the Vacation Agreement
dated April 29, 1949, as amended, is further amended effective
January 1, 1973, by substituting the following Section
1 for Section 1 as previously amended, substituting the
following Section 2 for Section 2 as previously amended,
and substituting the following amended Section 9: and that Section 9, referred to in such paragraph, should read as follows: "Section 9 - The terms of this agreement shall
not be construed to deprive any employee of such additional
vacation days as he may be entitled to receive under any
existing rule, understanding or custom, which additional
vacation days shall be accorded under and in accordance
with the terms of such existing rule, understanding or custom. "Beginning on the date Agreement "A" dated September
21, 1950, May 25, 1951, or May 23, 1952, became or
becomes effective on any carrier, such additional vacation
days shall be reduced by 1/6th with respect to yard service
employees and with respect to any yard service employee
having interchangeable yard and road rights who receives a
vacation in yard service." Yours very truly,
/s/William H. Dempsey
ACCEPTED
(unsigned) NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
Mr. Al H. Chesser
November 7, 1973
President
United Transportation Union
15401 Detroit Avenue
Cleveland. Ohio 44107
Dear Mr. Chesser: Section 9 of Article III - Vacations of the January 27, 1972 Agreement
reads as follows: "Section 9 - The terms of this agreement shall
not be construed to deprive any employee of such additional
vacation days as he may be entitled to receive under any
existing. rule, understanding or custom, which additional
vacation days shall be accorded under and in accordance
with the terms of such existing rule, understanding or custom.
With respect to yard service employees, and with
respect to any yard service employee having interchangeable
yard and road rights who receives a vacation in yard service,
such additional vacation days shall be reduced by 1/6th.:
(Underscoring added) I understand that the underscored portion of Section 9 quoted above,
was added to that Section of the operating employees Vacation Agreement dated
April 29, 1949 as a result of the five-day work week provisions and that its
application was circumscribed to the effectuation of the five-day work week.
For some reason, in the National Agreements entered into in 1953-1954, the
language in question was not associated with Section 9 but, rather, was included
as a part of Section 2 of the Vacation Agreement. This continued to be the
case until the January 27, 1972 Agreement was negotiated at which time the
language once again was made a part of Section 9 of the Vacation Agreement.
Through an apparent oversight, however, its application was not circumscribed
to the effectuation of the five-day work week. We believe that the attached letter of understanding will correct
this oversight. If you agree, will you please sign the attached copy of this
letter and return it to me for my file. Yours very truly,
/s/ William H. Dempsey UNITED TRANSPORTATION UNION
NATIONAL AGREEMENT
JANUARY 27, 1972 VERIFIED AGREED-UPON
QUESTIONS AND ANSWERS UNITED TRANSPORTATION UNION
R&S DEPARTMENT
April 1, 1984
ARTICLE I - WAGE INCREASES
Q-1: Should the differential between a yard conductor and a car retarder
operator be increased by the percentages provided for in the January 27,
1972 Agreement? A-I: It was our understanding that the intended application of the provisions
of Article I(e) of the BRT Agreement of November 7, 1966 was that
the differential paid car retarder operators should be added to the
basic rate, thereby establishing a new basic rate to which should have
been added the five percent increase effective August 12, 1966. It is our understanding that the percentage wage increases provided for
in the January 27, 1972 Agreement should be similarly applied; i.e.,
such increases should be applied to the basic rate, including the differential
as previously increased, of car retarder operators. ARTICLE III – VACATIONS Section 1 (k) Q-l: Is an employee returning from military service entitled to receive a
vacation in the year of his return. A-I: Article III, Section l(k), provides that the number of days spent in
military service in the calendar year preceding his return to railroad
service may be used for qualifying purposes. Such military service can
be counted separately for qualifying purposes in the event he had no
compensated railroad service in the preceding calendar year or if he had
less compensated railroad service in the preceding calendar year than
necessary for qualifying purposes he could combine the military service
with such compensated railroad service as he did have for qualifying
purposes. In the event the employee returns to railroad service too
late to take the full vacation for which he would qualify, he is entitled
only to the number of available days remaining in the year. ARTICLE VI - SWITCHING LIMITS Q-l: Is it correct to assume that under the UTU Agreement roadmen may not
serve new industries that are being served by yard crews? A-I: Section 2 of Article VI provides – Where, after the effective dates of the 1951 and 1952 Agreements,
an industry locates outside of switching limits at points
where yard crews are employed, the carrier may provide switching service
to such industries with yardmen without additional compensation
or penalties therefor to yard or road men, provided the switches governing
movements from the main track to the track or tracks serving
such industries are located at a point not to exceed four miles from
the switching limits in effect as of the date of this Agreement.
Other industries located between such switching limits and such new
industries may also be served by yardmen without additional compensation
or penalties therefor to road or yard men. Where rules require
that yard limits and switching limits be the same, the yard limit
board may be moved for operating purposes but switching limits shall
remain unchanged unless and until changed in accordance with rules
governing changes in switching limits." Accordingly, the same latitude for serving the defined industries with
road crews or yard crews that obtained under the BRT May 25, 1951 Agreement,
and the BLF&E and ORC&B May 23, 1952 Agreements continues under
this expansion of the 1951-1952 Agreement provisions. In this connection,
the decisions rendered in Case No. BRT-65-W of the Article 14 Committee
of the BRT May 25, 1951 Agreement (which was rendered without a
neutral) and in Case BLF&E-24-W, ORC&B-16-W under the BLF&E and ORC&B
May 23, 1952 Agreements make it clear that the railroads may change
their services for such industries between road and yard crews provided
that the service is not indiscriminately alternated. New or existing
industries being served by yard crews shall not simultaneously be served
by road crews unless otherwise permitted under existing agreements. Q-2: Section 2 of Article VI reads, in part – "Section 2. Where, after the effective dates of the 1951 and 1952
Agreements, an industry locates outside of switching limits at points
where yard crews are employed, the carrier may provide switching service
to "such industries with yardmen without additional compensation
or penalties therefor to yard or road men, provided the switches governing
movements from the main track to the track or tracks serving
such industries are located at a point not to exceed four miles from
the switching limits in effect as of the date of this Agreement.
* * *." (Underscoring added) Does the underscored portion of this provision mean the location of the
switching limits in effect as of January 27, 1972? A-2: Yes. Q-3: In the application of Article VI, Section 2, is the carrier in providing
switching service to a new industry limited to four miles of the
switching limits in effect as of January 27, 1972? A-3: Yes. If the carrier, as the result of the 1951 and 1952 Agreements is
now utilizing this rule at a point, they cannot request an additional
four miles. If the carrier has not utilized this rule at a point, they
may provide switching service to an industry which has located outside
of the switching limits since the 1951 and 1952 Agreements, with yard
crews up to four miles from the switching limits in effect as of
January 27, 1972. Q-4: When a "new" industry is being served by yard crews, must all "old"
industries be also served by yard crews? A-4: It is our understanding that an election by a carrier to serve a "new"
industry by yard crews does not obligate the carrier to serve any or all
"old" industries by yard crews. ARTICLE VII – INTERCHANGE Q-l: Under existing rules, road crews may not be required to handle their
caboose when their train has been yarded. Does the agreement permit the
UTU members of a crew to "runaround" a train delivered to another carrier
and remove its caboose to handle back to the crew's tie up point? A-I: It is our understanding that where a road crew is required, under
Section 1, to deliver a solid train to a connecting carrier, Section 2
permits the carrier to require the road crew to remove its caboose
and return it to its tie up point. Q-2: Is it permissible to require a crew to double with more cars than necessary
for the explicit purpose of getting all cars with a common destination
in one track when the initial track will not accommodate the entire
interchange cut? A-2: The answer is "yes" provided that the number of cars being interchanged
exceeds the capacity of the first track used. Section 4 provides that
when the number of cars being interchanged exceeds the capacity of the
first track used it is -not necessary that anyone interchange track be
filled to capacity. However, Section 4 also stipulates that the minimum
number of tracks necessary to hold the interchange will be used and if
the number of cars being interchanged does not exceed the capacity of
the first track used, you would be restricted to that track. Q-3: Under the "minimum number of tracks" concept is it permissible to double
excess cars from a track which would have accommodated the entire
cut to a track which won't accommodate the entire cut? A-3: No. (See Answer to Question #2 above.) Q-4: On a day when Carrier "A" has no interchange cars for Carrier "B" but
nevertheless has a "pull-back" arrangement with Carrier "B", may the
Carrier "A" crew be required to go "light" to Carrier "B" in order to
pull-back cars for Carrier "A"? A-4: It is our understanding that the purpose of Section 5 was to remove
restrictions contained in any existing rules under which the carriers
were required to run interchange crews "light" in either direction.
Section 5 does not preclude a carrier from requiring an interchange crew
to run light in a situation such as you describe. Q-5: Does the term "connecting carrier" as used in this section include
switching or terminal companies? A-5: Yes. Q-6: Does Article VII, Section 1, contemplate that road crews engaged in
solid train movements will have their on and off duty points changed by
reason of such movements? A-6: No. Existing rules or practices concerning the designation of on and
off duty points are not changed by Article VII, Section 1. Q-7: Does Article VII contemplate the elimination or modification of initial
and final terminal delay rules? A-7: No. Q-8: Under Article VII, Section 1, may road crews be required to go beyond
the point where yard crews effect interchange with a connecting carrier? A-8: Such movements must be confined to tracks on which the carrier has the
right to operate with road, yard or transfer crews. Q-9: Where prior to the January 27, 1972 Agreement a carrier yarded their
trains in the yard of a terminal company and the terminal company performed
all necessary yard service including interchange with connecting
carriers, does Article VII, Section I, now permit such carrier to operate
through the terminal company's yard and effect the interchange of a
solid over-the-road train to a connecting carrier with its own road
crews? A-9: Yes, assuming a carrier has trackage rights through a terminal company
yard to an interchange point of a connecting carrier. Q-lO: May a road crew making a delivery of a solid over-the-road train to a
connecting carrier be required to return cars from the connecting carrier
to their own yard? A-IO: No. Q-ll: What do the words "close proximity" mean as used in Article VII,
Section 3? A-II: As being next to or very near the existing interchange track or tracks. Q-12: The first paragraph of Section 5 of Article VII reads -
"Crews used in interchange service may be required to handle
interchange to and from a foreign carrier without being required to
run 'light' in either direction." Does this mean yard, belt line and/or transfer crews? A-12: Yes. Q-13: Does the language "over-the-road" and "solid trains" mean that trains
must consist of cars all destined for a connecting carrier and operated
by the delivering carrier from terminal to terminal intact in order to
permit its delivery to a connecting carrier? A-13: No. The carrier's right to make normal pick-ups and set-outs at
intermediate points is not affected by Section I of Article VII. The
language "over-the-road" and "solid trains" means that an over-the-road
train must be a "solid train" in the movement performed by the road crew
within the terminal where its receipt from or delivery to a connecting
carrier is effected. However, a carrier may not bring an otherwise
unqualified train within the application of Section I by making a setout
or set-outs for that sole purpose immediately prior to entering such
terminal. ARTICLE VIII - USE OF COMMUNICATION SYSTEMS Q-I: On a carrier an agreement prohibited train crews from being required to
call train dispatchers on the radio-telephone in connection with train
movements. Is this restriction eliminated? A-I: Yes. Q-2: On this carrier, yard transfer crews, in addition to being equipped
with small hand sets, are equipped with radio pack sets weighing in
excess of three pounds. These sets are hand carried to and from the
caboose where they normally remain during a tour of duty for use in end-to-
end communications -- communications which cannot be adequately handled
by the smaller radios. Would these pack sets be considered permissible
under the Agreement? A-2: If, as you have indicated, the radio pack sets in question (although
hand-carried to and from the cabooses at the beginning and end of the
tour of duty) are not used in a "portable" sense by the yard transfer
crews during their tour of duty, it is our understanding that their use
would be permissible under the provisions of Article VIII. Q-3: By agreement on this carrier, conductors are paid an arbitrary of one
hour at the straight time rate for the class of service in which they
are engaged for taking train orders or messages over the telephone. Is
this arbitrary eliminated by Article VIII? A-3: No. The only arbitraries eliminated as a result of Article VIII are
stated in Section 2 which are for the carrying and/or use of radio equipment. ARTICLE IX - ROAD-YARD MOVEMENTS Q-I: Under carrier's existing rules outbound road crews may be required to
make more than one pick-up in yards within their initial terminal other
than that from which they took their train. If a road crew makes more
than one pick-up at its initial terminal, is the first pick-up subject
to the new rules and subsequent pick-ups subject to the old rules (which
pay an arbitrary under many circumstances) or does the fact that the
crew made more than one pick-up at the initial terminal remove it entirely
from coverage under the new rules? A-I: As indicated in Section 2 of Article IX, the provisions of Section 1
thereof are not intended to impose restrictions with respect to any operation
where restrictions did not exist prior to the date of the agreement.
Accordingly, the existing rules referred to under which the road
crews may be required to make more than one pick-up in yards within
their initial terminal other than that from which they took their train
are not affected by the provisions of Article IX. It is our understanding that, in a situation where a road crew makes
more than one pick-up at its initial terminal, the first pick-up would
be subject to the provisions of Section 1 of Article IX, i.e., without
additional compensation and without penalty payments to yard crews, hostlers,
etc., and that subsequent pick-ups would be subject to existing
local rules. Q-2: Is it permissible under the Agreement for an inbound crew to make its
one set-out at the final terminal on a siding or an industrial track
(including leads or industry yards)? A-2: Yes. provided the siding or an industrial track (including leads or
industry yards) is within another yard in the final terminal. Q-3: Is it permissible to require a crew to double with more cars than necessary
for the explicit purpose of getting all cars with a common destination
into the same track in the course of yarding a train or making a
set-out when the first track used will not hold the train or set-out? A-3: Yes. Section 1 of Article IX provides that where it is necessary to
use two or more tracks to hold a train it is not required that any track
be filled to capacity. Section 1 contemplates, however, that the minimum
number of tracks which could hold the cars will be used. Q-4: Does the phrase "coupled and connected in multiple," as used in
Section 1, include units which are coupled and connected in multiple but which
are incapable of supplying additional tractive power, i.e., "dead"
units? A-4: It is our understanding that the phrase in question would include
"dead" units. Q-5: It is our understanding that the prOV1S10ns of Section 1 will modify
the application of an existing local rule which provides for an engine
exchange allowance to the extent that a road freight crew required to
exchange their engine at a point where yard crews are employed will no
longer be entitled to such allowance. Is this understanding correct? A-5: Yes. Q-6: Under Section 1 will it be permissible to require a road freight crew
to switch a car out from their own train which was found to be defective
sometime after the train had been made up by a yard crew but which was
known to exist at the time the road crew was brought on duty? A-6: Yes. Q-7: We have several points where yard crews are employed where other
railroads deliver trains to us on our tracks. Presently, when defective
cars are discovered, in one of these trains, we have a yard crew remove
them. Will we now be permitted to have our road freight crews switch
defective cars out from such trains? A-7: Yes. Q-8: Section 1 provides that a road freight crew may be required to "pick up
and/or set out at each intermediate point between terminals" without
additional compensation. Are we to understand that this modifies existing
conversion rules, i.e., stops made at points where yard crews are
employed to pick up and/or set out will no longer be counted in the
application of these rules? A-8: No. Switching allowances, arbitraries and/or penalty payments formerly
allowed for this service are the types of "additional compensation"
which are eliminated; however, existing conversion rules are not modified
or set aside by the provisions in question.
Q-9: Does the "additional compensation" referred to in Article IX affect
initial and final terminal delay and conversion rules?
A-9: No. The "additional compensation" referred to is intended to eliminate
switching penalties where yard crews are employed. Q-I0: What effect do the provisions of Article IX have on the nonrestrictive
provisions of Article V of the June 25, 1964 Operating Employees' Agreement? A-I0: It is our understanding that, under the first sentence of Section 2 of
Article IX of the Agreement – "The foregoing is not intended to impose restrictions with
respect to any operation where restrictions did not exist prior to
the date of this Agreement." the flexibility afforded the carrier under the provisions of Article V
of the June 25, 1964 Agreement clearly is retained. Q-ll: Does Article IX eliminate engine change agreement arbitraries applicable
to crews assigned to yard and transfer service? A-II: No. Article IX is applicable only to road freight crews at points
where yard crews are employed. It does, however, provide that the work
described therein may be performed by road freight crews "without penalty
payments to yard crews, hostlers, etc." ARTICLE X - COMBINING ROAD AND YARD SENIORITY Q-l: It has been held in several awards of special and public law boards of
adjustment that Article V, Section 1, of the June 25, 1964 National
Agreement only has applicability on properties where yardmen are confined
to point seniority. If, pursuant to Article X of the UTU Agreement,
we were now to combine our several point seniority rosters for
yardmen with our seniority roster for trainmen would Article V, Section
1, no longer be applicable on this property? A-I: It is our understanding that the provisions of Article V of the
June 25, 1964 Agreement will not be affected by application of Article X
of the UTU Agreement.
ARTICLE XI - EXPENSES AWAY FROM HOME
Q-l: It is our understanding that Section 1 amends both Sections 1 and 2 of
Article II of the June 25, 1964 National Agreement. Is this understanding
correct? A-I: Yes. Q-2: Assuming extra men will be entitled to meal allowances as well as lodging
under Section 1, will an extra man also be entitled to an additional
meal allowance each time he is held for more than four hours following a
tour of duty at an outlying point for another tour of duty? A-2: It is the intent of Section 1 to provide a meal allowance, as well as
lodging, to extra employees who meet the 3D-mile criteria set forth in
subparagraph (a) thereof in situations where they are tied-up at the
outlying point for four hours or more (not under pay). Such extra
employees also would be eligible for an additional meal allowance and
lodging when held at such location for each tie-up of four hours or more
after each additional tour of duty performed at that location. Q-3: Is an extra man who is sent to an outlying point and is held more than
four hours in advance of the time he is needed to fill a vacancy entitled
to lodging or a meal allowance? A-3: He is entitled to a meal allowance but not to a lodging allowance for
such period. Q-4: Is an extra man who is relieved from duty at an outlying point but
deadhead trip to his home terminal does not start for more than four
hours after he is released entitled to lodging or a meal allowance? A-4: He is entitled to a meal allowance but not to a lodging allowance
unless held for an additional tour of duty. Q-5: An extra board at "A" is, when exhausted, supplemented by extra men
sent to "A" from "B" which is more than thirty miles from "A". Are such
men entitled to expenses while at "A"? A-5: No. Q-6: How is the note in Article II of the June 25, 1964 National Agreement
affected by this amendment to Article II? A-6: The provisions of Article XI of the UTU Agreement are applicable insofar
as an extra employee's tie-up at an outlying point as defined in
Section 1 (a) is concerned, and the Note under Article II of the
June 25, 1964 Agreement which provides "For the purposes of Sections 1 and 2 of this Article II, extra
board employees shall be provided with lodgings and meal allowance in
accordance with the rule governing the granting of such allowance to
the crew they join; that is, the designated home terminal will be the
designated terminal of the crew assignment." would be applicable when the crew which the extra employee joins is
tied up at a terminal other than the designated home terminal of the
crew he joins for four hours or more. Q-7: Is the Carrier's understanding correct that this provision means that
when train, engine or yard service employees are called from an extra
board source, and used to fill vacancies at outlying points, these vacancies
at outlying points referred to are road service vacancies and not
yard service vacancies? A-7: No. It was the intent that this Article apply to extra men filling
vacancies in yard service as well as in road service. Q-8: Are such road service vacancies at outlying points road service vacancies
other than short turnaround passenger (suburban) vacancies? A-8: Yes. Q-9: It is our understanding that an employee will not be entitled to more
than two meal allowances under Article II, as amended by Article XI,
Section 2. when tied up at an away from home terminal (outlying point)
in excess of 12 hours. Is this understanding correct? A-9: Yes. However, if after being tied up twelve hours or more he performs
an additional tour of duty and is again tied up for twelve hours or more
at such outlying point. he would again be eligible for the two $2.00
meal allowances; i.e., $2.00 for the first four hours and $2.00 for the
additional eight hours so held. Q-IO: In connection with Article XI, Section 1(a), the carrier does not maintain
passenger transportation and employees are deadheaded to outlying
points by bus or are paid mileage for using their personal automobile.
Under these circumstances how should the 30 miles provision be calculated? A-IO: On the basis of rail mileage. ARTICLE XII - INTERDIVISIONAL SERVICE Q-I: Section l(a) refers to letters of intent and places a restriction on
the number of letters of intent that may be outstanding at any particular
time. It also provides that each letter of intent may involve no
more than three proposed operations. What is the intended application
of the phrase "proposed operations"? A-I: All passenger service is a "proposed operation" and all freight service
is a "proposed operation". Q-2: We contemplate the initiation of several runs under this rule. Needs
of the service include the right to have crews pick up, set out and/or
do switching at any point between terminals of the runs, without restriction
when operating over another seniority district. Does Article XII preclude the carrier from proposing an operation permitting
crews in the interdivisional service to perform any necessary work
enroute at any intermediate point between terminals? A-2: Article XII of the Agreement merely sets forth the procedures under
which the individual carriers may establish interdivisional service.
There is nothing contained in such provisions which circumscribes the
specific work which may be required of crews assigned to such runs when
they are established, nor is there anything contained therein which specifically
restricts the performance of any particular service by such
crews. In this connection, it is our understanding that the provisions
of Article IX - Road-Yard Movements - would be fully applicable insofar
as road freight crews assigned to interdivisional runs established under
the procedures of Article XII are concerned. Q-3: What is a "separate proposed operation"? For example, trains presently
operate between Champaign, Illinois, and Fulton, Kentucky with crew
changes at Bluford. We would like to run these trains in interdivisional
service by eliminating the crew change at Bluford. Under Paragraph
(a) would such an operation in a letter of intent be considered as
one "separate proposed operation" despite the fact there are several (5
or 6) runs involved? A-3: It is our understanding that a single letter of intent could be served
to establish interdivisional service between Champaign. Illinois and
Fulton, Kentucky - eliminating the present crew change at Bluford - and,
despite the fact that several runs are involved, this would constitute
one "separate proposed operation". Q-3: (CONTINUED)
If so, could trains now operated between Champaign and Paducah (with
crew changes at Bluford) be considered within the letter of intent as a
part of the Champaign-Fulton proposed operation since the intent of both
the Champaign-Fulton operation and the Champaign-Paducah operation is to
eliminate Bluford as a crew change point? A-3: It is our understanding that the proposed establishment of
interdivisional service between Champaign, Illinois and Paducah could be
included in the letter of intent covering the proposed establishment of
interdivisional service between Champaign, Illinois and Fulton, Ken-
tucky; however, although Bluford would be eliminated as a crew change
point in both cases, it is our further understanding that this would
constitute two "separate proposed operations". Q-3: (CONTINUED)
We presently have four trains operating from Chicago to Council Bluffs
with crew change points at Freeport, Waterloo, and Fort Dodge. If the
Carrier desired to eliminate two of the three crew change points for
these trains would this be considered a single "separate proposed operation"?
If not, how many "single proposed operations" would it be considered? A-3: It is our view that a determination of this nature is contingent upon
which two of the three crew change points the carrier proposes to eliminate.
For example, if Freeport and Waterloo or Waterloo and Fort Dodge
are the two crew change points the carrier desires to eliminate, it is
our understanding that either could be accomplished by serving a letter
of intent and be considered as a single "separate proposed operation".
In the first instance the proposed interdivisional service to be established
would be Chicago to Fort Dodge and in the second case it would be
Freeport to Council Bluffs. Conversely, if the two crew change points
the carrier desires to eliminate are Freeport and Fort Dodge, it is our
understanding that two "separate proposed operations" would be involved,
i.e., one establishing interdivisional service from Chicago to Waterloo
(with Freeport being eliminated as a crew. change point) and the other
from Waterloo to Council Bluffs (with Fort Dodge being eliminated as a
crew change point). Q-4: Under the present operation a crew with home terminal at A operates a
freight train to B, 77 miles. A second crew with home terminal at B
operates the same train to C, 90 miles. If carrier serves notice under
Article XII of intent to establish an interdivisional run from A through
B to C with the crew from terminal A, would this be considered as requiring
notice under Section 1 or Section 2? A-4: The procedures set forth in Section 2 of Article XII would be controlling
insofar as the proposed run is concerned. Q-5: Terminal A is intermediate to terminals Band C. Pool crews with home
terminal at A handle trains between B and A, and crews from another pool
with home terminal at A handle trains between A and C, with a crew
change at A. Under the Mediation Agreement could the carrier serve
notice of intent to operate certain trains from B to C through the
crew's home terminal at A? A-5: Yes, under the procedures set forth in Section 2 of Article XII. Q-6: Terminal A is intermediate to terminals Band C. Pool crews with home
terminal at A handle trains between B and A, and crews from another pool
with home terminal at A handle trains between A and C. Under the Mediation
Agreement, could the carrier serve notice of intent to operate certain
trains from C to B and return to C, through terminal A, with crews
having C as a home terminal? This would involve crews at terminal C
operating onto another seniority district. A-6: Yes, under the procedures set forth in Section 2 of Article XII. Q-7: Is it permissible for crews assigned to interdivisional and
interseniority district runs established under the 1-27-72 Agreement to
make pick-ups and set-offs and perform station switching on that portion
of the run which is off their seniority district? A-7: Article XII of the Agreement sets forth the procedures under which the
individual carriers may establish interdivisional service. It is our
understanding that the provisions of Article IX - Road-Yard Movements -
would be fully applicable insofar as road freight crews assigned to
interdivisional runs established under the procedures of Article XII are
concerned. ARTICLE XIII - PROTECTION OF EMPLOYEES Q-l: Does the time limit on claims rule have application with respect to
disputes or controversies referred to in Section 8 of Article XIII? A-I: No. NATIONAL RAILWAY LABOR CONFERENCE
November 11, 1975
CIRCULAR NO. 546-29-4-2
TO MEMBER ROADS: It has come to our attention that a discrepancy exists in certain
situations in so far as application of the Expenses Away From Home provisions
contained in Article VII of the BLE Agreement dated Hay 13, 1971 and
Article XI (the corresponding provisions) of the UTU Agreement dated January
27, 1972 are concerned. The discrepancy in application pertains to providing lodging
to extra men at outlying points and actually has been caused by two different
agreed-upon interpretations of identical language in the two separate agreements. With our Circular No. 546-29-4-1, dated May 12, 1972, we attached
a compilation of questions and answers with respect to application of
certain provisions of the UTU January 27, 1972 Agreement which were jointly
approved by the United Transportation Union and the National Carriers' Conference
Committee. Included in this compilation were ten questions (Pages 11-1:)
dealing with the provisions of Article XI - Expenses Away From Home. Although a similar compilation of questions and answers regarding
application of the various provisions of the BLE May 13, 1971 Agreement
was not jointly approved, certain questions involving application of the provisions
of Article VII - Expenses Away From Home were the subject of correspondence
between this office and the BLE Grand Lodge and such correspondence,
which resulted in the joint approval of answers to several questions of this
nature, is the origin of the discrepancy in application. The differences in the agreed-upon application of the provisions
in question can best be illustrated by comparing the following three
sets of circumstances under which it has been agreed that extra employees at
outlying points (having met the required criteria) would be entitled to BOTH
meal and lodging allowances in application of Article VII of the May 13, 1971
BLE Agreement with three specific questions and answers contained in the compilation
jointly approved by the UTU and the National Carriers' Conference
Committee: BLE The payment of both meal and lodging allowances
would be required to extra employees at outlying points (having
met the required criteria) under the following circumstances: 1. When tied up four (4) hours or more at an
outlying point(s) prior to going on duty
for the first tour of duty, except that
the lodging, benefits apply under these circumstances,
only when the extra employee is
held at the outlying point for more than one
(1) tour of duty. 2. When tied up four (4) hours or more between
each tour of duty at the outlying point(s). 3. When held four (4) hours or more, after completing
the last tour of duty at the outlying
point(s), before commencing return trip to
home terminal (point of supply for extra men). UTU QUESTION #3 - (Compare with BLE Circumstance #1) Is an extra man who is sent to an outlying point
and is held more than four hours in advance of
the time he is needed to fill a vacancy entitled
to lodging or a meal allowance? ANSWER He is entitled to a meal allowance but not to a
lodging allowance for such period. QUESTION #2 - (Compare with BLE Circumstance #2) Assuming extra men will be entitled to meal allowances
as well as lodging under Section 1, will an
extra man also be entitled to an additional meal
allowance each time he is held for more than four
hours following a tour of duty at an outlying
point for another tour of duty? ANSWER It is the intent of Section 1 to provide a meal
allowance, as well as lodging, to extra employees
who meet the 30-mile criteria set forth in subparagraph
(a) thereof in situations where they
are tied-up at the outlying point for four hours
or more (not under pay). Such extra employees
also would be eligible for an additional meal
allowance and lodging when held at such location
for each tic-up of four hours or more after each
additional tour of duty performed at that location. QUESTION #4 – (Compare with BLE Circumstance #3) Is an extra man who is relieved from duty at an
outlying point but deadhead trip to his home terminal
does not start for more than four hours
after he is released entitled to lodging or a
meal allowance? ANSWER He is entitled to a meal allowance but not to a
lodging allowance unless held for an additional
tour of duty. This entire matter has been considered by the National Carriers'
Conference Committee and, in the interest of uniformity of application
of identical language in the two separate agreements, it has been concluded
that the UTU questions outlined above should be given the same application as
agreed to with the BLE. We have discussed this situation and agreed upon such
application with Grand Lodge representatives of the UTU with tile definite
understanding that no retroactive application either is intended or required. Yours truly,
J. F. GRIFFIN
Director of Labor Relations COMPARISON
ARTICLE IX - ROAD-YARD MOVEMENTS, AGREEMENT OF JANUARY 27, 1972
AND
ARTICLE X - ROAD-YARD MOVEMENTS, AGREEMENT OF AUGUST 25, 1978 THE AGREEMENT OF JANUARY 27, 1972 ARTICLE IX - ROAD-YARD MOVEMENTS Section 1. Road freight crews may be required at any point where yard crews
are employed to do any of the following as part of the road trip, paid for as
such without any additional compensation and without penalty payments to yard
crews, hostlers, etc.: one straight pick up at another yard in the initial
terminal (in addition to picking up train) and one straight set out at another
yard in the final terminal (in addition to yarding the train): pick up and/or
set out at each intermediate point between terminals; switch out defective
cars from their own trains regardless of when discovered; handle engines to
and from train to ready track and engine house including all units coupled and
connected in multiple; pick up and set out cars of their trains from or to the
minimum number of tracks which could hold the cars provided, however, that
where it is necessary to use two or more tracks to hold the train it is not
required that any track be filled to capacity; and exchange engines of its own
train. Section 2. The foregoing is not intended to impose restrictions with
respect to any operation where restrictions did not exist prior to the date of
this Agreement. There will be no change in work permitted or compensation
paid to combination assignments, such as mine runs, tabulated assignments,
etc. This rule shall become effective 15 days after the date of this
Agreement except on such carriers as may elect to preserve existing rules or
practices and so notify the authorized employee representatives on or before
such effective date.
THE AGREEMENT OF AUGUST 25, 1978
ARTICLE X - ROAD-YARD MOVEMENTS Article IX, Section 1 of the Agreement of January 27, 1972 is amended
to read as follows: Section 1 - Road freight crews may be required at any point where yard crews
are employed to do any of the following as part of the road trip, paid for as
such without any additional compensation and without penalty payments to yard
crews, hostlers, etc.: one straight pick up at another location in the initial
terminal (in addition to picking up train) and one straight set out at
another location in the final terminal (in addition to yarding the train); one
straight pick up and/or set out at each intermediate point between terminals;
switch out defective cars from their own trains regardless of when discovered;
handle engines to and from train to ready track and engine house including all
units coupled to the operating unit (units); pick up and set out cars of their
trains from or to the minimum number of tracks which could hold the cars provided,
however that where it is necessary to use two or more tracks to hold
the train it is not required that any track be filled to capacity; and
exchange engine of its own train. Nothing in this Section 1 is intended to impose restrictions with
respect to any operation where restrictions did not exist prior to the date of
this agreement. This Article shall become effective fifteen (15) days after the date
of this Agreement.
ILLUSTRATION OF RULE CHANGES
ARTICLE X - ROAD-YARD MOVEMENTS Article IX, Section 1 of the Agreement of January 27, 1972 is amended to read
as follows: Section 1. Road freight crews may be required at any point where yard crews are
employed to do any of the following as part of the road trip, paid for as such
without any additional compensation and without penalty payments to yard crews,
hostlers, etc.: one straight pick up at another location*1 in the initial terminal
(in addition to picking up train) and one straight set out at another location*1 in
the final terminal (in addition to yarding the train); one straight*2 pick up
and/or set out at each intermediate point between terminals; switch out defective
cars from their own trains regardless of when discovered; handle engines to and
from train to ready track and engine house including all units coupled *3 to the
operating unit (units)*4; pick up and set out cars of their trains from or to the
minimum number of tracks which could hold the cars provided, however, that where
it is necessary to use two or more tracks to hold the train it is not required
that any track be filled to capacity; and exchange engine of its own train. *1 Change – “yard” to “location”
*2 Add – “one straight”
*3 Delete – “and connected in multiple”
*4 Add – “to the operating unit (units)”
ARTICLE X (UTU)
Road-Yard Movements
Section 1 Section 1: "Article IX, Section 1 of the Agreement of January 27,
1972 is amended to read as follows: Road freight crews may be required at any point where
yard crews are employed to do any of the following as
part of the road trip, paid for as such without any additional
compensation and without penalty payments to yard
crews, hostlers, etc: one straight pick up at another
location in the initial terminal (in addition to picking
up train) and one straight set out at another location in
the final terminal (in addition to yarding the train);
one straight pick up and/or set out at each intermediate
point between terminals; switch out defective cars from
their own trains regardless of when discovered; handle
engines to and from train to ready track and engine house
including all units coupled to the operating unit
(units); pick up and set out cars of their trains from or
to the minimum number of tracks which could hold the cars
provided, however, that where it is necessary to use two
or more tracks to hold the train it is not required that
any track be filled to capacity; and exchange engine of
its own train. Nothing in this Section 1 is intended to impose restrictions
with respect to any operation where restrictions
did not exist prior to the date of this agreement." Q-l: In what sequence may the additional one straight pick-up at the initial
terminal and the additional one straight set-out at the final
terminal be made? A-I: In this respect the application is the same as the former rule. At the initial terminal, after picking up train and commencing
outbound trip, the road crew may be required to make one additional
straight pick-up at another location within the limits of its initial
terminal in connection with its own train. At the final terminal the road crew may be required to make one
straight set-out at another location within the limits of the final
terminal before the final yarding of its train. Q-2: Does the term “another location” include another yard track in the
yard in which the train is made up or is finally yarded? A-2: No. Q-3: Does the term “another location” as used in this Article X refer to
any other location within the present yard limits? A-3: Yes, provided the location” is in an area where the road crew has
seniority rights to work. Q-4: Did the language change from “another yard” to “aanother location"
allow the carrier the right to require road crews to make one straight
pick up or set out at another location if this requires the crew to
operate off-district and on another seniority district? A-4: No, unless the carrier had the previous right to require such road
crews to set out or pick up at “another yard” located off-district and
on another seniority district. Q-5: If arbitraries were paid subsequent to the January 27, 1972 Agreement
because the location where the pick ups and set outs were made was not
“another yard” and the pick ups and set outs are still made in the
same spot, are the arbitraries still applicable? A-5: If the spot (location) as referred to above is within the initial
and/or final terminal and the arbitrary was paid solely because the
spot was not “another yard” the arbitrary would no longer apply. Q-6: Does “another location" as used in this rule, include interchange to
or from another carrier when such set out and/or pick up had not previously
been the practice? A-6: This revision of the January 27, 1972 rule makes no change with
respect to what cars may be picked up or set out, interchange, or otherwise.
It merely substituted the words “another location” for "another
Yard”. Q-7: Under Section 1 of Article X, does one straight pick up at another
location in the initial terminal and one straight pick up at an intermediate
point between terminals mean that the cars must be first out
coupled together on the track on which the pick up is located? A-7: The national rule did not change the rules and practices in effect on
the individual properties as to what constitutes a straight pick up.
Q-8: Under the road/yard provisions of Article IX of the January 27, 1972
UTU National Agreement, as amended by Article X of the August 25, 1978
UTU National Agreement, is it permissible to have a road crew make a
set-out on an interchange track in their final terminal prior to yarding
their train, or make a pick-up from an interchange track at the
initial terminal after commencing the road trip?
A-8: Yes. Q-9: Carrier instructions place restrictions on the location of certain
type cars within the train's consist. If trains are improperly made
up by yard crews, road crews are instructed to switch out the cars or
rearrange the cars in order to comply with the restrictions. Can
these cars be considered "bad order" under the rule so as to require
this work of road crews without additional compensation? A-9: Cars that need to be placed in certain locations of the train and are
not otherwise defective are not considered "bad order" for purposes of
this rule. Q-10: Is the Carrier correct in contending that the amendment to Article
IX, Section 1, of the January 27, 1972 National Agreement providing
for one straight pick up and/or set out at intermediate points enroute
is nullified by the savings clause contained in Section 2 stating,
"Nothing in this section ... imposes restrictions ... where restrictions
did not exist prior to ... this agreement" thus permitting the Carrier
to require road crews to perform other than straight pick ups and/or
set outs at intermediate points? A-I0: No. The savings clause in Article X of the 1978 National Agreement
carried forward from Article IX, Section 1, of the 1972 National Agreement
was intended to preserve a carrier's rights under local rules and
practices; however, its inclusion in the 1978 National Agreement was
not intended to preserve any provisions of the 1972 National Agreement
which were modified by the 1978 National Agreement.
NATIONAL MANNING AGREEMENT
between railroads represented by the NATIONAL CARRIERS' CONFERENCE COMMITTEE and their employees represented by the UNITED TRANSPORTATION UNION NMB CASE NO. A-8381
AS AMENDED October 1999
Dear Brothers and Sisters:
These Agreements are testament to the dedicated efforts of the Officers and
Chairpersons who obtained them and those Officers and Chairpersons who continue to
fight for the rights of all engine and train service members today.
As rail labor heads into the twenty-first century, UTU will remain at the forefront
and continue to proactively pursue the interests of our members.
Fraternally yours,
/s/ Charles L. Little
International President NMB CASE NO. A-8311 DATED JULY 19, 1972
AND AMENDED AUGUST 25, 1978
AND OCTOBER 31,1985 MEDIATION AGREEMENT THIS AGREEMENT, made this 19th day of July. 1972, by and between the participating
carriers listed on Exhibit A, attached hereto and made a part
hereof, and represented by the National Carriers' Conference Committee, and
the employees of such carriers shown thereon and represented by the United
Transportation Union witnesseth: Firemen The craft or class of firemen (helpers) shall be
eliminated through attrition except to the extent necessary
to provide the source of supply for engineers and
for designated passenger firemen, hostler and hostler
helper positions. Trainmen shall become the source of
supply for these positions as hereinafter provided. (From Mediation Agreement, Case No. A-11471)
Dated October 31, 1985
ARTICLE I - EMPLOYMENT OF FIREMEN (HELPERS)
Section 1. Each carrier shall employ and maintain a force of firemen
(helpers) on each seniority district adequate to accomplish the following: (a) For fulfilling needs arising as the result of assignments and vacancies,
temporary or otherwise, in designated passenger service and in hostler,
hostler-helper service, pursuant to mileage or other regulating factors on
individual carriers and in accordance with Article IV of this Agreement. (b) For training, qualification and promotion to the craft of locomotive
engineers to meet the operating needs of the carrier. To this end the number
of firemen (helpers) to be employed shall be determined on the basis of the
carrier's operating needs for locomotive engineers on each seniority district
as determined in accordance with Section 3 of this Article. Section 2. A carrier will not be precluded from employing firemen (helpers)
in addition to those in Section 1 above. Section 3. Pursuant to paragraph (b) of Section 1 of this Article, the following
determinations will be made on each seniority district on each carrier: (a) Determinations of the number of employees required on each seniority
district will be based on the maximum applicable regulating factor for each
class of service contained in the rules on each carrier relating to increasing
or decreasing the force of locomotive engineers. NOTE: For the purpose of this Section, the maximum applicable regulating
factor applicable to yard engineers subject to a five-day work week
Agreement will be not more than 26 days per month. (FROM AUGUST 25, 1978 AMENDMENT) (b) Determinations will be made at three months' intervals (or comparable
periods if necessary to conform to payroll periods) and will be based on the
averages for the twelve months ending with the last month of each three
months' determination period. (c) The first determination period will cover the 12 months ending
June 30, 1972. The UTU(E) General Chairman or his designated representative(s)
will be notified of the results of that determination within 60 days
after the effective date of this Agreement. (d) Subsequent determinations will cover twelve months' periods ending on
the last day of the third month (or comparable period) following the end of
the previous determination period. The UTU(E) General Chairman or his designated
representative(s) will be notified of the results of each determination
within 30 days after the close of each period. (e) The number of employees required as of each determination period will
be based on engineer service during the twelve months' period as follows: Passenger service Total hours paid for multiplied by the number of miles encompassed
in a minimum day divided by the number of hours encompassed
in a minimum day. Freight service Total hours paid for plus one-half overtime hours, multiplied
by the number of miles encompassed in a minimum day
divided by the number of hours encompassed in a minimum day. Yard service Total hours paid for plus one-half overtime hours, divided by 8. The results thus obtained shall be divided by the maximum applicable
regulating factor as provided in paragraph (a) of this Section 3. The
sum of employees thus determined will be increased by 10% to
cover vacations and layoffs. NOTE: As used in this paragraph, the term 'total hours paid for' includes
all straight time hours paid for including hours paid for while working
during scheduled vacation periods and the basic day's pay for holidays
as such, all overtime hours paid for including overtime paid for
working on holidays, and the hourly equivalent of arbitraries and
special allowances provided for in the schedule agreements. The term
does not include the hourly equivalent of vacation allowances or
allowances in lieu of vacations, or payments arising out of violations
of the schedule agreement. (f) If the number of engineers in active service at the end of a determination
period, plus the number of firemen in active service and on furlough at
the end of that determination period is equal to or in excess of the number of
engineers determined as provided in paragraph (e) of Section 3 of this
Article, no additional firemen (helpers) need be employed. If the number of
engineers and firemen (helpers) in active service and on furlough at the end
of the determination period is less than the number of engineers determined as
provided in paragraph (e) of this Section 3, the required number of firemen
(helpers) necessary to meet the requirements will be employed and placed in
service within 30 days after the date by which the UTU(E) General Chairman or
his designated representative(s) must be notified of the results of the determination. NOTE: As used in this paragraph, the term "active service" refers to all
employees holding seniority as engineer or fireman (helper) on the last
day of a determination period, exclusive of: (1) Employees who on the last day of a determination
period were unavailable for service because they
were on official positions with the carrier or labor
organization, disabled, under suspension or
dismissal for disciplinary reasons or on extended
leave for any other purpose, and as to whom it can
be established will be unavailable for service
throughout the next determination period. (2) Firemen (helpers) required for passenger service
and hostler and hostler-helper service as set forth
in paragraph (a) of Section 1 of this Article. (3) Firemen (helpers) holding seniority on the date of
this Agreement who under agreements, rules,
practices and court opinions are not promotable, or
are otherwise ineligible to perform service as engineer,
including but not limited to fixtures,
restricted, physically disqualified and disciplined
firemen (helpers). This paragraph does not contemplate
the exclusion of firemen (helpers) who are
ineligible to perform service as an engineer because
they have not yet attained the experience or training
requirements necessary for certification as an
engineer. (g) When a carrier notifies the UTU(E) General Chairman or his designated
representative(s) "c the results of each determination, the General Chairman
or his designated representative(s) will at the same time be furnished the
calculations and supporting data referred to in this Section; and the carrier
shall on request give to such UTU(E) General Chairman or his designated representative(s)
access to the original records of the carrier from which such calculations
and supporting data are drawn. (h) If the UTU(E) General Chairman or his designated representative(s)
disagrees with a carrier's determination made pursuant to Section 3 of this
Article, he may within 15 days of receipt thereof advise the carrier in writing
and request a meeting to discuss such determination. A meeting for that
purpose will be held within 10 days of receipt of request. In event of failure
of the carrier to meet within the time limits prescribed, or if the dispute
is not resolved at such meeting, upon request of the UTU(E) General Chairman
to the carrier's highest appeals officer, they will meet within 15 days of
receipt of such request to discuss the matter. In event of failure of the
carrier to meet within the time limits prescribed, or if the dispute is not
resolved at such meeting, either party may submit the dispute to the Board as
set forth in Article IX. Such submission shall be made within 60 days of the
date of the meeting or, if no meeting is held, within 75 days of receipt of
the General Chairman's request for a meeting. ARTICLE II - SENIORITY, PAY AND TRAINING Section 1. All firemen (helpers) hired subsequent to the date of this Agreement
shall rank on the firemen (helpers) roster in accordance with governing
agreements on individual carriers. Such firemen (helpers) shall be trained
and qualified for promotion to the craft of locomotive engineer in accordance
with the training program between the UTU(E) and the carrier. Section 2. All firemen (helpers), hostlers and hostler helpers shall be paid
at the rate specified for the service performed, and shall be governed by the
rules provided in existing agreements covering firemen (helpers), hostlers and
hostler helpers. Section 3. The duties performed by firemen (helpers) are not changed by this
Agreement. However, existing agreement rules which impose restrictions on
work or duties which can be performed by a fireman (helper) in connection with
the movement of the locomotive or train to which he is assigned are hereby
referred to a Standing Committee. The Standing Committee will be comprised of
two members, one to be named by the Carriers and one to be named by the Organization. ARTICLE III - EMPLOYMENT PROTECTION AND EXERCISE OF SENIORITY Section 1. Firemen (helpers) whose seniority as such was established prior to
November I, 1985 shall have the right to exercise their seniority on assignments
on which, under the National Diesel Agreement of 1950 (as in effect on
January 24, 1964), the use of firemen (helpers) would have been required, and
on available hostler and hostler helper assignments subject to the following
exceptions: (a) When required to fulfill experience requirements for promotion, pr
engaged in a scheduled training program.- (b) When their services are required to qualify for or fill passenger or
hostler or hostler helper vacancies in accordance with Article IV of this
Agreement. (c) When restricted to specific assignments as referred to in Article VI
of this Agreement. (d) When required to fill engineer vacancies or assignments. The exercise of seniority under this Article will be subject to the advertisement,
bidding, assignment, displacement and mileage rules on the individual
carriers. NOTE: As to any carrier not subject to the National Diesel Agreement of 1950
on January 24, 1964, the term 'the rules in effect on January 24, 1964
respecting assignments (other than hostling assignments) to be manned
by firemen (helpers)' shall be substituted in this Article for the term
'the National Diesel Agreement of 1950.' Section 1.5. Firemen (helpers) whose seniority as such is established on or
after November I, 1985 will have the right to exercise seniority limited to
designated positions of passenger fireman, hostler or hostler helper. The
seniority rights of such firemen are subject to the following exceptions: (a) When required to fulfill experience requirements for promotion, or
engaged in a scheduled training program. (b) When required to fill engineer vacancies or assignments. This will not preclude the carrier from requiring firemen to maintain proficiency
as engineer and familiarity with operations and territories by working
specified assignments. Section 2. To the extent that the assignments subject to the exercise of
seniority under Section 1 above are available, firemen (helpers) in furlough
status as of the effective date of this Agreement will be recalled to active
service under existing recall rules to fill such assignments. Furloughed firemen
having insufficient seniority to acquire an assignment under the preceding
sentence will subsequently be recalled to active service to fill regular
assignments in accordance with applicable rules or in accordance with applicable
mileage rules. Section 3. Extra lists of firemen (helpers) will be maintained and regulated
in accordance with existing agreements to the extent necessary to provide
employment for firemen (helpers) holding seniority as such on the effective
date of this Agreement. Section 4(a). All Firemen (helpers) whose seniority as such was established
prior to November I, 1985 will be provided employment in accordance with the
provisions of this Article until they retire, resign, are discharged for
cause, or are otherwise severed by natural attrition; provided, however, that
such firemen (helpers) may be furloughed if no assignment working without a
fireman (helper) exists on their seniority district which would have been
available to firemen (helpers) under the National Diesel Agreement of 1950 (as
in effect on January 24, 1964), and if no position on an extra list as
required in Section 3 above exists on their seniority district, subject to
Section 5 of this Article. (b) Firemen whose seniority as such is established on or after
November 1, 1985 may be furloughed when not utilized pursuant
to Section 1.5 of this Article. Section 5(a) With respect to firemen (helpers) employed after July 19, 1972
and prior to November 1, 1985, the provisions of Section 4(a) above will be
temporarily suspended on any seniority district to the extent provided in this
Section 5 if there is a decline in business within the meaning of this
Section. (b) A decline in business within the meaning of this Section will occur
if, in any period of 14 consecutive calendar days, the application of the formula
provided for by paragraphs (a) and (e) of Section 3 of Article I would
produce a number of men more than IS% below the number produced by application
of such formula for the last preceding twelve months' determination period. (c) When such a decline in business occurs, similar decline-in-business
determinations will be made covering each successive period of 14 consecutive
calendar days; and the following provisions of this Section 5 will continue in
effect as long as the number of men produced by application of the formula for
a 14-day period is more than 15% below the number produced by application of
the formula for the preceding twelve months' determination period. (d) The decline in excess of 15% will be applied to the number of engineers
in active service (as defined in the Note to Section 3, paragraph (f) of
Article I, exclusive of firemen (helpers» as engineers on the last day of
such preceding determination period. Firemen (helpers) with seniority dates
subsequent to the effective date of this Agreement, equivalent in number to
the number of excess engineers thus determined, may be furloughed (or continued
on furlough) in reverse seniority order. (e) If in a subsequent 14-day period, application of the decline-in-business
determination produces a greater number of engineers than produced
for the preceding 14-day period, a proportionate number of furloughed firemen
(helpers) will be immediately recalled. When application of the decline-in-business
formula produces a number of engineers not more than 15% below the
number produced by application of the twelve months' determination formula,
all firemen (helpers) who have been furloughed pursuant to this Section 5 will
be recalled. (f) Notwithstanding the provisions of paragraphs (a) through (e) of this
Section 5 if, due to conditions beyond the control of the carrier, in any
period of 24 consecutive hours the application of the formula provided for by
Sections 3(a) and (e) of Article I would produce a number of engineers 40% or
more below the number produced by application of such formula for the last
preceding twelve months' determination period, the number of firemen
(helpers), with seniority dates subsequent to the effective date of this Agreement,
determined as provided in paragraph (d) above, may be furloughed (or
continued on furlough) in reverse seniority order. The provisions of paragraphs
(e) and (9) shall then be applied as to each subsequent 24-hour period
until all firemen (helpers) who have been furloughed pursuant to this paragraph
(f) have been recalled. Any reduction in the number of engineer miles
or days utilized in applying this paragraph (f) will not be taken into account
in the two-week determinations under paragraphs (a) through (e) of this
Section. NOTE: This paragraph (f) will not apply to any 24-hour period which includes
one of the holidays, other than the birthday holiday, or the day before
or the day after one of such holidays, enumerated in Article I of the
Agreement of June 25, 1964, as amended, unless the decline is due to
circumstances beyond the control of the carrier. (g) In calculating decline-in-business determinations, the twelve months'
determination period immediately preceding an initial application of the
decline in business formula will continue to be used as the base even though
the series of 14-day periods or 24-hour periods as contemplated by paragraphs
(b) and (f), respectively, continue into or through subsequent twelve months'
determination periods. (h) Whenever a carrier desires to proceed in accordance with this
Section, it will promptly notify the UTU(E) General Chairman or his designated
representative(s) and will provide him with the results of the calculations
required by this Section. The UTU(E) General Chairman or his designated representative(s)
will also promptly be furnished such calculations covering each
subsequent 14-day or 24-hour determination period, whichever is applicable, so
long as firemen (helpers) are furloughed under this Section. Upon request,
the carrier will provide him access to the original records from which these
calculations are drawn. Example 1: (a) The determination formula for the twelve months' period
ending June 30 produced a figure of 120 men. The number of engineers
in "active service" as of June 30 was 100, and the number of
firemen (helpers) in "active service" was 20 (in addition to those
required for passenger and hostling service), of which 10 were new
hires. (b) Application of the formula to the number of engineer miles or
days paid for during the 14-day period September 15 through
September 28 produces a 14% decline in the number of men
required. No new hires will be furloughed. (c) Application of the formula to the number of engineer miles or
days paid for during the 14-day period September 15 through
September 28 produces an 18% decline in the number of men
required. Three new hires (a number equal to 3% - 18% minus the
15% float provided in paragraph (d) - of the number of engineers
in "active service" as of June 30) may be furloughed. (d) Application of the formula to the number of engineer miles or
days paid for during the 14-day period September 29 through
October 12 reflects an increase in engineer miles to only a 17%
decline in the number of men required. One furloughed new hire (a
number equal to 1% of the number of engineers in "active service"
as of June 30) will be recalled. (e) Application of the formula to the number of engineer miles or
days paid for during the 14-day period October 13 through
October 26 produces a 15% decline in the number of men required.
All new hires who have been furloughed pursuant to this Section 5
will be recalled. Example 2: (a) The determination formula for the twelve months' period
ending June 30 produced a figure of 25 men. The number of engineers
in "active service" as of June 30 was 20, and the number of
firemen (helpers) in "active service" was 5 (in addition to those
required for passenger and hostling service) all of which were new
hires. (b) Application of the formula to the number of engineer miles or
days paid for during the 24-hour period between 8:00 A.M. August 2
and 7:59 A.M. August 3 produces a 40% decline in the number of men
required. Five new hires (a number equal to 25% - 40% minus the
15% float provided in paragraph (d) - of the number of engineers
in "active service" as of June 30) may be furloughed. (c) Application of the formula to the number of engineer miles or
days paid for during the 24-hour period between 8:00 A.M. August 3
and 7:59 P.M. August 4 produces a 55% decline in the number of men
required. Since all new hires have been furloughed no additional
men may be furloughed. (d) Application of the formula to the number of engineer miles or
days paid for during the 24-hour period between 8:00 A.M. August 4
and 7:59 A.M. August 5 produces a 15% decline in the number of men
required. All new hires who have been furloughed pursuant to paragraph
(f) of this Section 5 will be recalled. (i) Notwithstanding other provisions of this Section 5, a carrier may
reduce the number of firemen on a seniority district equal to the reduction in
the number of engineer positions on that district as the result of emergency
conditions such as flood, snowstorm, hurricane, earthquake, fire or strike;
provided that the application of the foregoing shall not result in the furlough
of firemen employed on or before September 1, 1978. As the number of
engineer positions reduced because of emergency conditions are restored, an
equal number of firemen furloughed under this provision will be returned to
service. Any reduction in the number of engineer miles or days because of an
emergency condition resulting in a reduction in the number of firemen under
this paragraph (i) will not be taken into account in the 14-day determinations
under paragraphs (b) through (e) of this Section. It is further understood
and agreed that notwithstanding the foregoing, any employee who is affected by
such an emergency force reduction and reports for work for his position
without having been previously notified not to report, shall receive four
hours' pay at the applicable rate for his position. If an employee works any
portion of the day, he will be paid in accordance with existing rules. (FROM AUGUST 25, 1978 AMENDMENT) Section 6. Firemen (helpers) employed on a probationary basis on the date of
this Agreement shall not be denied continued employment and establishment of a
seniority date for the sale purpose of reducing the number of such firemen
(helpers). Upon completion of their probationary period, they shall be entitled
to the seniority rights and protection herein above provided. Section 7. The rights or obligations of protected employees or carriers based
on existing merger agreements or federal or state statutes affording protect-
tion to employees and requiring employees to protect assignments shall
continue unaffected by this Agreement. ARTICLE IV - PASSENGER AND HOSTLING SERVICE Section 1. Firemen (helpers) who established a seniority date as fireman
prior to November 1, 1985 shall be used on assignments in passenger service on
which under agreements in effect immediately prior to August 1, 1972, the use
of firemen (helpers) would have been required. The use in passenger service
of firemen (helpers) who establish seniority as firemen on or after
November 1, 1985 will be confined to assignments designated by the carrier.
Section 2(a). Except as modified hereinafter, assignments in hostling service
will continue to be filled when required by agreements in effect on individual
carriers. (b) The carriers may discontinue using employees represented by the
United Transportation Union as hostlers or hostler helpers provided that it
does not result in furlough of a fireman who established seniority prior to
November 1, 1985 nor the establishment of a hostler position represented by
another organization, and provided, further, that this provision will not act
to displace any employee who established seniority prior to November 1, 1985
and who has no rights to service except as hostler or hostler helper. (c) Employees in engine service who established seniority prior to
November 1, 1985 will continue to fill hostler and hostler helper positions
and vacancies thereon in accordance with agreements in effect as of that
date. If such position cannot be filled by such employees, and it is not discontinued
pursuant to Paragraph (b) above, qualified train service employees
will be used. In that event, bulletined vacancies will be advertised to train
service employees, and if no bids are received the junior qualified train service
employee at the location will be assigned; temporary vacancies will be
filled from the yard or combined road/yard extra board. (d) Yard crews may perform hostling work without additional payment or
penalty to the carrier. Section 3. The following will apply to the filling of assignments in passenger
and hostling service: If no bid is received from a fireman (helper), hostler or hostler helper
during the authorized bulletin period, the vacancy will not be re-bulletined,
and the junior fireman (helper). hostler or hostler helper on the seniority
district or zone who is qualified for the particular service involved will. be
assigned to the vacant position. In the event there is more than one vacant position to be Simultaneously
filled following the authorized bulletin period, the qualified junior firemen
(helpers), hostlers or hostler helpers who are assigned will have their choice
of vacancies in accordance with their standing on the seniority district
(zone) roster. Such junior firemen (helpers) who are so assigned will remain
on such positions unless or until they are displaced by senior qualified
employees or upon employees junior to them becoming qualified, in which latter
event the senior employee will be permitted to vacate the assignment and the
junior employee will be assigned to such position. Where there is insufficient work to maintain an extra list for filling
temporary vacancies in passenger and hostler service, the most junior qualified
fireman (helper) at the location where a vacancy occurs may be required
to fill such vacancy. If no such fireman (helper) is available at that location,
then the most junior qualified fireman (helper) at the nearest location
within the same seniority district or zone where firemen (helpers) are available
may be required to fill the vacancy. Firemen (helpers) who are removed
from regular assignments to fill temporary vacancies under this paragraph will
be compensated in accordance with existing rules applicable to being used off
their regular assignments. Firemen (helpers) junior to those assigned as provided above and who are
not qualified to perform service in passenger and hostling service will be
required in reverse seniority order to accept within ten days from the date of
notification by the carrier the training necessary, if any, to become qualified
for the services covered by this rule. Firemen (helpers), other than those engaged in a scheduled training program,
who are removed from regular assignments for the purpose of qualifying
for passenger or hostling service will be paid, while qualifying, at the rate
of the assignment from which removed or at the rate of the service for which
being qualified, whichever is the greater. Firemen (helpers) who fail to qualify
as provided herein will be withheld from service until such time as they
do qualify. Agreement provisions, rules, or practices requiring a specified
length of time to qualify for service as hostler or hostler helper are hereby
eliminated. ARTICLE V - TRANSFER OF FIREMEN (HELPERS) Where two or more seniority districts of an individual carrier operate out
of the same terminal and there is a shortage of qualified firemen (helpers) on
one of the districts and a surplus of such employees on another of the districts
at the same terminal, the following will govern in the filling of such
shortages: Section 1. Employment on the district where the shortage exists shall be
posted for bid under existing rules to qualified firemen (helpers) who are
eligible for promotion on the other seniority district or districts which
operate out of the same terminal and the senior applicants will be assigned. Section 2. in the event no bids are received as outlined above, the most
junior qualified firemen (helpers) at the terminal involved on the seniority
district or districts having a surplus shall be assigned to fulfill the needs
on the other district. Section 3. Firemen (helpers) bidding in or forced to another seniority district
as outlined in Sections 1 and 2 above shall establish and accumulate
seniority as firemen (helpers) on the district to which they are transferred
and shall retain seniority on their home seniority district until such time as
there is need for their services on their home seniority district, at which
time they shall be given an opportunity in seniority order, to return to their
home district or to remain on the district where assigned. Firemen (helpers)
electing to remain on the district where assigned when recalled to their home
district will forfeit seniority on their home district. Firemen (helpers) who
return to their home seniority district as outlined herein will forfeit seniority
on the district they leave. Section 4. The provisions of this article do not apply to the transfer of
firemen (helpers) from one carrier to another carrier nor to the transfer of
firemen (helpers) between seniority districts which would require a change in
their residence. ARTICLE VI - RESTRICTED EMPLOYEES Agreements, rules, regulations, or understandings in effect on individual
railroads on the effective date of this Agreement which provide for the placement
or exercise of seniority of those engine service employees who may be
restricted to a particular position, assignment or type of service for reasons
including but not limited to physical disability, discipline, failure to pass
promotional examination or other cause are not affected by this agreement. ARTICLE VII - COMPULSORY RETIREMENT Employees contractually represented by the UTU(E) must retire from active
service in conformance with the following: An employee over 65 years of age or who attains age 65
during 1973 must retire before January I, 1974. An employee who attains age 65 during 1974 or thereafter
must retire by the last day of the month following
the month in which he attains age 65.
(Now age 70, See: Age Discrimination in Employment Act) Any agreement now in effect that provides for earlier retirement is not
affected by this Article. ARTICLE VIII - RESERVE FIREMEN The carrier shall have the right to offer 'Reserve Fireman' status to any
number of active firemen, working as such, with seniority as firemen prior to
November I, 1985 (who are subject to work as locomotive engineers). Where
applied, Reserve Fireman status shall be granted in seniority order on a
seniority district or home zone basis under the terms listed below:
(1) An employee who chooses Reserve Fireman status must remain in that
status until he either (i) is recalled and returns to hostler or
engine service pursuant to Paragraph (2), (ii) is discharged from
employment by the carrier pursuant to Paragraph (2), or for other
good cause, (iii) resigns from employment by the carrier, (iv)
retires on an annuity (including a disability annuity) under the Rail-
road Retirement Act, or (v) otherwise would not be entitled to free
exercise of seniority under this Fireman Manning Agreement; whichever
occurs first. If not sooner terminated, Reserve Fireman status and
all other employment rights of a Reserve Fireman shall terminate when
he attains age 70. (2) Reserve Firemen must maintain their engine service and hostler
proficiencies while in such status, including successfully completing any
retraining or refresher programs that the carrier may require and
passing any test or examinations (including physical examinations)
administered for purposes of determining whether such proficiencies
and abilities have been maintained. Reserve Firemen also must hold
themselves available for return to hostler and engine service upon
seven days' notice, and must return to hostler or engine service in
compliance with such notice. Reserve Firemen shall be recalled in
reverse seniority order unless recalled for service as engineer.
Failure to comply with any of these requirements will result in
forfeiture of all seniority rights (3) Reserve Firemen shall be paid at 70% of the basic yard fireman's
rate for five days per week. No other payments shall be made to or
on behalf of a Reserve Fireman except (i) payment of premiums under
applicable health and welfare plans and, (ii) as may otherwise be
provided for in this Article. No deductions from pay shall be made
on behalf of a Reserve Fireman except (i) deductions of income,
employment or payroll taxes (including railroad retirement taxes)
pursuant to federal, state or local law; (ii) deductions of dues pursuant
to an applicable union shop agreement and any other deductions
authorized by agreement, (iii) as may otherwise be authorized by this
Article and (iv) any other legally required deduction. (4) Reserve Firemen shall be considered in active service for the purpose
of this Fireman Manning Agreement, including application of the
decline in business formula. (5) Other non-railroad employment while in Reserve Fireman status is
permissible so long as there is no conflict of interest. There shall
be no offset for outside earnings. (6) Vacation pay received while in Reserve Fireman status will offset
pay received under paragraph (3). Time spent in reserve status will
not count toward determining whether the employee is eligible for
vacation in succeeding years. It will count as time in determining
the length of the vacation to which an employee, otherwise eligible,
is entitled. (7) Reserve Firemen are not eligible for: Holiday Pay
Persona 1 Leave
Bereavement Leave
Jury Pay
Other similar special allowances (8) Reserve Firemen are covered by: Health and Welfare Plans
Union Shop
Dues Check-off
Discipline Rule
Grievance Procedure that are applicable to firemen (helpers) in active service. (9) When junior employees are in 'Reserve Fireman' status, a senior
active fireman may request such status. The carrier shall grant such
a request and, at its discretion, recall the junior ‘Reserve Fireman.’ Section 2 - Establishing Brakeman Seniority (1) Engine service employees not possessing ground service seniority as
of November 1, 1985 shall be placed on the bottom of the appropriate ground
service roster upon implementation of this Section. Such employees will be
allowed to relinquish their newly acquired seniority during a ninety day
period following such implementation. (2) On or after November 1, 1985, any person establishing seniority in
engine service without first establishing seniority as trainman will establish
a seniority date as trainman on the date he or she establishes seniority in
engine service. (3) An employee establishing seniority as trainman under this Section 2
shall be permitted to exercise such rights only in the event he or she is
unable to hold any position or assignment in engine service as engineer, fireman
on a designated position in passenger service, hostler or hostler helper,
and such employee shall not, by such placement, be given and "present or protected
employee" rights under present crew consist agreements or any negotiated
in the future. (4) Provisions for implementing this requirement shall be agreed upon
with the appropriate trainmen's representative on each carrier party hereto
within 90 days following the date of this Agreement. If the parties are
unable to agree, the matter shall be arbitrated at the request of either party
under the following provisions: (a) The parties will endeavor to agree upon an arbitrator.
If they fail to agree, either may request the
National Mediation Board to name an arbitrator. (b) The authority of the arbitrator will be limited to
deciding the procedures that will govern the placement
of engine service employees on ground service seniority
rosters including the determination of which rosters
are "appropriate." (c) An award will be rendered within 45 days of the
date the arbitrator is named. Section 3 - Retention of Seniority (1) Subject to the carrier's legal obligations, when selecting new applicants
for engine service, opportunity shall first be given to employees in
train and yard service on the basis of their relative seniority standing, fitness
and other qualifications being equal. Transfer of engineers from one
seniority district to another on the same railroad system will not be violative
of this provision. (2) Any person who is selected for engine service and does not have
seniority as trainman will acquire seniority as trainman upon entering engine
service, subject to paragraph (3) hereof. (3) An employee who has established seniority as conductor (foreman),
trainman (brakeman-yardman), hostler or hostler helper (but without seniority
as a locomotive fireman) who is selected for engine service shall retain his
seniority standing and all other rights in train and/or yard or hostling service.
However, such employee shall be permitted to exercise such rights only
in the event he or she is unable to hold any position or assignment in engine
service as engineer, fireman on a designated position in passenger service,
hostler or hostler helper. (4) This Section 3 replaces and supersedes Article VIII of the August 25,
1978 National Agreement. Section 4 - Promotion The following principles will govern in the selection and promotion to
engine service and conductor/foreman: (1) Trainmen who established seniority prior to November 1, 1985 will be
Governed by existing rules with respect to promotion to conductor/foreman
and will not be required to accept promotion to engine service. (2) Trainmen who establish seniority on or after November 1, 1985 must
accept promotion to conductor/foreman in proper turn. (3) Trainmen who establish seniority on or after November 1, 1985 will be
selected for engine service in accordance with Section 3 of this Article
XIII. However, if a sufficient number of trainmen (including those promoted
to conductor) do not make application for engine service to meet the carrier's
needs, such needs will be met by requiring trainmen (including promoted conductors)
who establish seniority on or after November 1, 1985 to take engine service
assignments or forfeit seniority in train service. (4) If the carrier's needs for engine service employees are not met during
a period when there are not sufficient trainmen (including promoted conductors)
in service with a seniority date on or after November 1, 1985 who must
accept promotion to engine service or forfeit seniority in train service, the
carrier may hire qualified engineers or train others for engine service.
Provisions for implementing these principles shall be agreed upon on each
carrier party hereto within 90 days following the date of this Agreement. If
the parties are unable to agree, the matter shall be arbitrated at the request
of either party under the following provisions: (a) The parties will endeavor to agree upon an arbitrator.
If they fail to agree, either may request the national
Mediation Board to name an arbitrator. (b) The authority of the arbitrator will be limited to
deciding the procedures that will govern the promotion
of trainmen and the forfeiture of seniority in the
event of failure to qualify for promotion. (c) An award will be rendered within 45 days of the
date the arbitrator is named. Section 5 – Application Any conflict between the changes set forth herein and the provisions of
the July 19, 1972 Manning Agreement, as revised, shall be resolved in accordance
with the provisions of this Agreement. ARTICLE IX - NATIONAL DISPUTES COMMITTEE It is hereby agreed that the parties to this Agreement will establish a
National Disputes Committee for the purpose of adjusting and deciding disputes
which may arise under Section 3 of Article I and Section 5 of Article III of
this Agreement which are not settled on the individual railroad or property. The National Disputes Committee shall consist of four members, two
appointed by the UTU(E) and two appointed by the carriers parties to this
Agreement. Appointment of the partisan members of the National Disputes Committee
shall be made by the respective parties within thirty days from the
date of the signing of this Agreement. The partisan members of the Board shall promptly work out accelerated Disputes
Committee procedures, including procedures relating to the appointment
and selection of a panel of neutral referees, the frequency with which the
Disputes Committee shall meet, and the time limits within which the disputes
will be decided. It is understood that all of the necessary procedural
matters will be agreed to within thirty days after appointment of the partisan
members, so that the National Disputes Committee may promptly decide cases
relating to the first quarterly determination following the effective date of
this Agreement. ARTICLE X - IMPLEMENTING AGREEMENTS The parties hereto having in mind conditions which exist or may arise on
individual carriers in the application of this Agreement, the duly authorized
representative of the employees, party to this Agreement, and the officer designated
by the carrier, may mutually enter into additional written
understandings to implement this Agreement. ARTICLE XI - GENERAL PROVISIONS Section 1. Court Approval This Agreement is subject to approval of the courts with respect to
Carriers in the hands of receivers or trustees. Section 2. Effect of this Agreement (a) This Agreement is in settlement of the dispute between the carriers
listed in Exhibit A and the United Transportation Union(E) growing out of the
notices served by the former Brotherhood of Locomotive Firemen and Enginemen
(now the United Transportation Union(E)), dated on or about November 15, 1965,
identified as Notice No.1, and notices served by the carriers in the early
part of 1966. It shall be construed as a separate agreement by and on behalf
of each of said carriers and its employees represented by the organization
signatory hereto, and shall continue in effect until changed or modified in
accordance with the procedures of the Railway Labor Act, as amended. (b) No party to this Agreement shall serve or progress prior to
January 1, 1975 (not to become effective before July 1, 1975) any notice or
proposal pertaining to matters covered by this Agreement. Any pending notices
served by one party upon another pertaining to matters covered by this Agreement,
and not otherwise disposed of under paragraph (a) above, are hereby withdrawn.
[See amendment C 2(i) and (ii) of the August 25, 1978 Amendment] (c) Except as provided in this Agreement, the so-called National Diesel
Agreement, Mediation Agreement - Case A-3391 - dated May 17, 1950, and any
other agreements respecting assignments to be manned by firemen (helpers), are
superseded by this Agreement. (d) After the effective date of this Agreement, the Award of Arbitration
Board No. 282, all interpretations issued thereunder, and all decisions, judgments,
orders, arbitration awards or agreements concerning the rules in effect
following the expiration of Article II (Use of Firemen (helpers) on Other Than
Steam Power) of Arbitration Award No. 282 shall be of no further force or
effect. (e) Except for claims based upon or arising out of the so-called "new
run" holding, this Agreement shall not prejudice or impair any claim or
accrued rights by or on behalf of any employee or the United Transportation
Union (E) in regard to a period prior to the effective date of this Agreement,
based upon or arising out of any agreement, rule, regulation, arbitration
award, interpretation, decision, judgment or order (including, but not necessarily
limited to, the Order dated August 16, 1971, in Civil Actions Nos.
777-66 and 784-66 regarding the so-called "full crew" holding) in effect prior
to the effective date of this Agreement. (f) The effective date of this Agreement shall be August 1, 1972. SIGNED AT WASHINGTON, D.C., THIS 19TH DAY OF JULY, 1972, (AND AS AMENDED
AUGUST 25, 1978 and OCTOBER 31, 1985) For the Participating Carriers
Listed in Exhibit A:
/s/ WILLIAM H. DEMPSEY
William H. Dempsey. Chairman
/s/ C. A. BALL
C. A. Ball
/s/ F. K. DAY, JR.
F. K. Day, Jr.
/s/ T. C. DeBUTTS
T. C. De Butts
/s/ G. L. FARR
G. L. Farr
/s/ J. R. JONES
J. R. Jones
/s/ J. J. MAHER
J. J. Maher
/s/ C. E. MERVINE, JR.
C. E. Mervine, Jr.
/s/ EARL OLIVER
Earl Oliver
/s/ G. S. PAUL
G. S. Paul
/s/ G. M. SEATON, JR.
G. M. Seaton, Jr. For the Employees Represented By
The United Transportation Union:
/s/ M. W. HAMPTON
M. W. Hampton, Assistant President
/s/ J. W. JENNINGS
J. W. Jennings, Vice President
/s/ H. M. PRICE
H. M. Price, Chairman
/ s/ M. H. NELSEN
M. H. Nelsen, Vice Chairman
/s/ A. B. HEALAN
A. B. Healan, Secretary
/s/ R. A. BONENO
R. A. Boneno, Member
/s/ R. M. GAMBRELL
R. M. Gambrell, Member
/s/ T. P. GORMAN, JR.
T. P. Gorman, Jr., Member
/s/ G. B. McKEE
G. B. McKee, Member
/s/ H. W. White
H. W. White, Member
WITNESS:
lsi WARREN S. LANE
Warren S. Lane
Regional Head Mediator
National Mediation Board
/s/ JACK W. CASSLE
Jack W. Cassie
Mediator
National Mediation Board
EXHIBIT A
(Manning)
PARTICIPATING CARRIERS REPRESENTED BY THE NATIONAL CARRIERS'
CONFERENCE COMMITTEE AND THE EMPLOYEES OF SUCH CARRIERS
REPRESENTED BY THE UNITED TRANSPORTATION UNION. Akron and Barberton Belt Railroad
Akron, Canton and Youngstown Railroad
Alton and Southern Railway
Ann Arbor Railroad
Atchison, Topeka and Santa Fe Railway
Atlanta & St. Andrews Bay Railway
Atlanta and west Point Rail Road - The western Railway of Alabama
Atlanta Joint Terminals
Baltimore and Ohio Railroad
--Buffalo Division
--Strouds Creek and Muddlety Territory
Baltimore and Ohio Chicago Terminal Railroad
Bangor and Aroostook Railroad
Bauxite and Northern Railway
Bessemer and Lake Erie Railroad
* Boston and Maine Corporation
Buffalo Creek Railroad
Burlington Northern, Inc.
Butte, Anaconda and Pacific Railway
1 :Camas Prairie Railroad
Central of Georgia Railroad
Central Vermont Railway. Inc.
Chesapeake and Ohio Rallway
Chicago and Eastern Illinois Railroad
Chicago and Illinois Midland Railway
2 :Chicago and North western Transportation Company
Chicago and western Indiana Railroad
Chicago. Milwaukee, St. Paul and Pacific Railroad
Chicago, Rock Island and Pacific Railroad
Chicago Short Line Railway
Chicago, West Pullman and Southern Railroad
Cincinnati Union Terminal Company
Clinchfield Railroad
Curtis Bay Railroad
Davenport, Rock Island and North western Railway
Delaware and Hudson Railway
Denver and Rio Grande Western Railroad
Des Moines Union Railway
Detroit and Mackinac Railway
Detroit and Toledo Shore Line Railroad
Detroit, Toledo and Ironton Railroad
Duluth, Missaba and Iron Range Railway
Duluth, Winnipeg and Pacific Railway
East St. Louis Junction Railroad
Elgin, Joliet and Eastern Railway
* Erie Lackawanna Railway
Fort Worth and Denver Railway
Galveston, Houston and Henderson Railroad
Galveston Wharves
Green Bay and Western Railroad
Greenwich and Johnsonville Railway
Gulf, Mobile and Ohio Railroad
Illinois Central Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Indiana Harbor Belt Railroad
Indianapolis Union Railway
Joint Texas Division of the CRI&P and FtW&D Railway
Kansas City Southern Railway (including KCS affiliates at
--Milwaukee-Kansas City Southern Joint Agency)
Kansas City Terminal Railway
Kentucky and Indiana Terminal Railroad
Lake Superior Terminal and Transfer Railway
Lehigh and New England Railway
* Lehigh Valley Railroad
Longview, Portland and Northern Railway
Los Angeles Junction Railway
Louisiana and Arkansas Railway
Louisville and Nashville Railroad, Monon Division
Maine Central Railroad
Portland Terminal Company
Manufacturers Railway
McKeesport Connecting Railroad
Minneapolis, Northfield and Southern Railway
Minnesota, Dakota and Western Railway
Minnesota Transfer Railway
Mississippi Export Railroad
Missouri-Kansas-Texas Railroad
Missouri Pacific Railroad (Including Gulf District, DeQuincy Division and former Union Railway (Memphis)
Missouri-Illinois Railroad
Monongahela Railway
Montour Railroad
New Orleans Public Belt Railroad
New Orleans Union Passenger Terminal
New York, Susquehanna and Western Railroad
Norfolk and Western Railway -
--Atlantic and Pocahontas Regions;
--Lines of former New York, Chicago and St. Louis Railroad;
--Lines of former Pittsburgh and West Virginia Railway,
--Lines of former Wabash Railroad - East and West
Norfolk Southern Railway
Northampton and Bath Railroad
Ogden Union Railway and Depot Company
Oregon, California and Eastern Railway
*-3 :Penn Central Transportation Company
Pennsylvania-Reading Seashore Lines
Peoria and Pekin Union Railway
Pittsburg and Shawmut Railroad
Pittsburgh and Lake Erie Railroad, including
Lake Erie and Eastern Railroad
Port Terminal Railroad Association
* Reading Company
Ironton Railroad
St. Joseph Terminal Railroad
St. Louis-San Francisco Railway
St. Louis Southwestern Railway
Seaboard Coast Line Railroad
Soo Line Railroad
Southern Pacific Transportation Company -
--Pacific Lines (Including former EI Paso and Southwestern System and Nogales, Arizona, Yard)
--Texas and Louisiana Lines
Southern Railway
--Alabama Great Southern Railroad (Including former New Orleans and Northeastern Railroad)
--Carolina and Northwestern Railway
--Cincinnati, New Orleans and Texas Pacific Railway (including former Harriman and Northeastern -Railroad)
--Georgia Southern and Florida Railway
--Interstate Railroad
--New Orleans Terminal Company
--St. Johns River Terminal Company
South Omaha Terminal Railway
Spokane International Railroad
Terminal Railroad Association of SI. Louis.
Texas and Pacific Railway (including former Midland Valley Railroad and former Kansas,
--Oklahoma and Gulf Railway)
Fort Worth Belt Railway
New Orleans and Lower Coast Railroad
Texas Mexican Railway
Toledo, Peoria and Western Railroad
Toledo Terminal Railroad
Union Pacific Railroad
Union Terminal Company (Dallas)
Union Terminal Railway-St. Joseph Belt Railway
Washington Terminal Company
Western Maryland Railway
Wichita Terminal Association
Youngstown and Northern, Railroad NOTES: - * - Subject to the approval of the Courts.
1 - Authorization applies on that part of the Camas Prairie Railroad
covered by the Burlington Northern, Inc. (former Northern Pacific
Railway) schedule.
2 - Authorization includes the Minneapolis Industrial Railway.
3 ~ Authorization excludes firemen On the former Louisville and Jeffersonville
Bridge and Railroad of the former New York Central Railroad.
A separate but Identical Manning Agreement was concurrently entered
into covering the former NYC - Ohio central Division, B&A Division,
Northern District, Southern District, Western District, and New York
and Eastern District, except B&A. The separate agreement will be
interpreted and applied In the same manner as the basic Manning
Agreement. FOR THE CARRIERS:
/s/ J. F. Griffin
FOR THE UNITED TRANSPORTATION UNION (E):
/s/ W. T. Byrne
Washington, D. C.
July 19, 1972 NATIONAL RAILWAY LABOR CONFERENCE
July 19, 1972 M-1
Mr. M. W. Hampton
Assistant President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hampton: The carriers recognize that problems may arise with respect to
the application of Article I and Section 5 of Article III of Mediation Agreement,
NMB Case No. A-8381, dated July 19, 1972, on railroads where, as a
result of mergers, acquisitions and similar transactions, firemen (helpers)
seniority districts have been consolidated or rearranged under a prior rights
or zone arrangement. Accordingly, such railroads are willing to confer
promptly with the United Transportation Union (Engine men) in a good faith
effort to resolve such problems. Yours very truly,
/ s/ William H. Dempsey, Chairman
ACCEPTED:
/s/ M. W. Hampton
NATIONAL RAILWAY LABOR CONFERENCE
July 19, 1972 M-2
Mr. M. W. Hampton
Assistant President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hampton:
This is to confirm our understanding that, in consideration and as
a condition of the Agreement of July 19, 1972, between carriers represented
by the National Railway Labor Conference (listed in an Exhibit to the said
Agreement) and the United Transportation Union (E) the parties to that
Agreement have agreed that: l. The said Agreement is intended, among other things, to settle
and dispose of all claims by the UTU(E) (or by the former Brotherhood of
Locomotive Firemen and Enginemen), or by employees or former employees
In a class or craft represented by the UTU(E), against one or more of the
carriers based upon or arising out of the so-called "new run· holding in
Bangor and Aroostook Railroad Company, et aI. v. Brotherhood of Locomotive
Firemen and Enginemen, Civil Action No. 777-66, and in Brotherhood of
Locomotive Firemen and Enginemen v. The Atchison, Topeka and Santa Fe
Railway Company, et aI., Civil Action No. 784-66, both pending as consolidated
cases in the United States District Court for the District of Columbia,
and on appeals in that litigation, including the Order dated August 16, 1971
entered by the District Court therein. All such claims are hereby released
and shall hereafter be barred. The UTU(E) shall take such action .s may be
necessary to withdraw or dismiss all pending proceedings upon any such
claims, whether pending on the property of a particular carrier or before an
adjustment board or before a court or otherwise. and shall not hereafter
present, progress or support any such claim. 2. The said Agreement also is Intended, among other things, to
settle and dispose of all claims by a carrier or carriers against the UTU(E)
(or the former Brotherhood of Locomotive Firemen and Enginemen) and
against its present or former lodges, divisions, locals, Officers, agents,
employees or members or persons acting in concert with them, based upon
or arising out of the Temporary Restraining Order dated March 28, 1966
entered in said Civil Action No. 777-66, or the Supplement to Temporary
Restraining Order dated March 31, 1966 entered in that proceeding, or upon
the Order Adjudging the Brotherhood of Locomotive Firemen and Enginemen
and H. E. Gilbert In Contempt dated April 2, 1966 entered In that proceeding.
All such claims are hereby released and shall hereafter be barred. The
carriers shall take such action as may be necessary to withdraw or dismiss
any pending proceedings upon any such claims, including the Motion for Order
Assessing Fines for Failure to Terminate Contempt filed in the said Civil
Action No. 777-66 on or about April 29, 1966, and shall not hereafter present,
progress or support any such claim. 3. The UTU(E) shall take such action as may be necessary to
withdraw or dismiss its complaint in United Transportation Union v. Burlington
Northern, Inc., et al., civil Action No. 2183-70, now pending in the United
States District Court for the District of Columbia, and the carriers shall take
such action as may be necessary to withdraw or dismiss the counterclaim
filed in that proceeding. 4. The withdrawal or dismissal of a pending complaint, counterclaim,
motion or other pending proceeding upon a claim pursuant to paragraphs
1 through 3 above shall be without costs to any party and shall be
subject to the approval of the court or other body before which the said
matter is pending if such approval Is required. If the foregoing accords with your understanding, please so signify
by your signature in the space provided below. Yours very truly,
/ s/ William H. Dempsey, Chairman
ACCEPTED:
/s/ M. W. Hampton
NATIONAL RAILWAY LABOR CONFERENCE
July 19, 1972 M-3
Mr. M. W. Hampton
Assistant President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hampton:
This will confirm our understanding that each individual railroad
party to the Mediation Agreement, Case No. A-8381, of July 19, 1972, when
hiring firemen (helpers) after the effective date of the Agreement, will give
preference to former engine service employees of that railroad whose seniority
was terminated under any of the provisions of the Award of Arbitration
Board No. 282 and who apply for employment, provided that such former
employees are able to meet the physical and other employment requirements
of the railroad. Yours very truly,
/ s/ William H. Dempsey, Chairman
ACCEPTED:
/s/ M. W. Hampton
NATIONAL RAILWAY LABOR CONFERENCE
July 19, 1972 M-4
Mr. M. W. Hampton
Assistant President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hampton:
This will confirm our understanding that the Note to Section 3(e)
of Article I of the Mediation Agreement, Case No. A-8381, of July 19, 1972,
is intended to include the hourly equivalents of all arbitraries and special
allowances paid in connection with a trip or tour of duty at the time such
payments are actually made. Yours very truly,
/ s/ William H. Dempsey, Chairman
ACCEPTED:
/s/ M. W. Hampton
NATIONAL RAILWAY LABOR CONFERENCE
July 19, 1972 M-5
Mr. M. W. Hampton
Assistant President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hampton:
This will confirm our understanding In connection with the Manning
Agreement of July 19, 1972, Mediation Case No. A-8381, that the carriers
Will be fully informed of the provisions of the agreement prior to August I,
1972. Further, every effort will be made to assure that as of August I, 1972
firemen (helpers) will be accorded the right to exercise their seniority, and
that firemen (helpers) required to be recalled from furlough will be so
recalled, as provided In the Manning Agreement. It Is understood that all
jobs will be advertised effective August I, 1972. Such exercise of seniority
and recall from furlough will be subject to the advertisement, bidding, assignment,
displacement, mileage and recall rules in effect on the individual
carriers. Yours very truly,
/ s/ William H. Dempsey, Chairman
ACCEPTED:
/s/ M. W. Hampton
NATIONAL RAILWAY LABOR CONFERENCE
#15
October 31, 1985
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44101
Dear Mr. Hardin:
This will confirm our understanding during the negotiations
of the Agreement of this date that the term "active firemen, working as
such", appearing in Section I, Paragraph (11) of Article XIII, includes
hostlers who have the right to work as locomotive engineers. Please indicate your agreement by signing your name in the
space provided below. Very truly yours,
/s/ C. I. Hopkins, Jr.
I agree:
Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE
#16
October 31, 1985
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44101
Dear Mr. Hardin:
This will confirm our understanding during the negotiations
of the Agreement of this date that where hostler positions are filled
by employees not having firemen's seniority, that before a carrier
discontinues a hostler or hostler helper position pursuant to Article
XIII, Section 1(10) of this Agreement, it will be offered to furloughed
hostlers with seniority prior to November I, 1985 in the same seniority
district. If such hostlers only have point seniority and there are no
furloughed hostlers at such point, but there are such hostlers on
furlough with seniority prior to November 1, 1985 at another point in
the same geographical area, a vacancy will be offered to such hostlers
before a carrier discontinues a hostler or hostler helper position
pursuant to Article XIII, Section 1(10) of this Agreement. Please indicate your agreement by signing your name in the
space provided below. Very truly yours,
/s/ C. I. Hopkins, Jr.
I agree:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE
#17
October 31, 1985
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44101
Dear Mr. Hardin:
This will confirm our understanding during the negotiations
of the Agreement of this date that before a carrier discontinues a
hostler or hostler helper position pursuant to Article XIII, Section
1(10) of this Agreement, it will be offered to furloughed firemen with
seniority in engine service prior to November I, 1985 in the same
seniority district. Such employees will retain recall rights to
engine service in accordance with existing agreements.
Please indicate your agreement by signing in the space
provided below. Very truly yours,
/s/ C. I. Hopkins, Jr.
I agree:
/s/ Fred A. Hardin
MEMORANDUM AGREEMENT
For the purpose of implementing the provisions of Article IX -
National Disputes Committee - of the Agreement of July 19, 1972
relating to Manning: IS HEREBY AGREED: Section 1 Establishment of Firemen (Helpers) Special Board of Adjustment – That a National Disputes Committee is established - to be designated
as a Special Board of Adjustment. This Committee, hereinafter
referred to as the "Board", is established for the purpose of adjusting
and deciding disputes which may arise under Section 3 of Article I and
Section 5 of Article III of the Agreement. Section 2 - Jurisdiction of Board - The Board shall have exclusive jurisdiction over disputes between
the parties which involve application or interpretation of Section 3 of
Article I and Section 5 of Article III of the Agreement. The Board
shall not have jurisdiction over disputes involving application or
interpretation of any other provisions of the Agreement. Section 3 - Consist of Board – This Board shall consist of two carrier members and two organization
members signatories to the Agreement. Successors to the members
of the Board shall be appointed in the same manner as the original
appointees. The Board may be augmented by one member selected
from the panel of referees in the manner hereinafter provided in
Section 5 of this Memorandum Agreement. Section 4 - Location of Board – The Board shall meet at Washington, D.C., unless otherwise agreed to. Section 5 - Selection of Referees – The parties agree to select a panel of not less than three neutral
referees for the purpose of disposing of disputes arising under Section
3 of Article I and Section 5 of Article III which are deadlocked by the.
partisan members of the Board, such selections to be made within
forty-five days of the signing of this Memorandum Agreement. If the
parties are unable to agree upon the selection of a panel of referees
within the forty-five days specified, the National Mediation Board
shall be requested to name such referees as are necessary to fill the
panel within ten days after the receipt of such request. Section 6 - Term of Office of Referees – The parties shall advise the National Mediation Board of the names
of the referees selected, and the National Mediation Board shall notify
those selected, and their successors when required, informing them of
the nature of their duties, the parties to the Agreement and such information
as it may deem advisable, and shall obtain their consent to
serve as a panel member. Section 7 - Tenure - Filling Vacancies - Referees – (a) Each panel member selected shall serve as a member until his
services are terminated at the request of either the UTU(E) or the carrier
partisan members of the Board, or both, in which event a successor
referee will be selected or appointed in the manner heretofore outlined.
Such notice shall be served by the moving party upon the members
of the Board and the National Mediation Board. If the referee in
question shall then be acting as a referee in any case pending before
the Board, he shall serve as a member of the Board until the disposition
of such dispute is made. (b) If a vacancy occurs in the panel of referees for any reason, a
successor referee will be selected or appointed in the manner outlined
in Section 5 above. Section 8 - Submission of Disputes – (a) The provisions of Section 3(h) of Article I covering time
limit with respect to the progression of disputes on individual properties
arising under Section 3 of Article I are equally applicable to
disputes arising under Section 5 of Article III. (b) Disputes arising under Section 3 of Article I and Section 5 of
Article III and not settled in direct negotiation on the property may
be referred by either party to the Board for a final and binding decision.
Disputes are to be submitted in conformity with the time limits
provided for in the last sentence of Section 3(h) of Article I, as supplemented
by paragraph (c) of this Section 8. (c) The party submitting the dispute under this Section shall give
the other party written notice thereof. The petitioning party shall
send eight copies of a written submission to its respective members of
the Board. The responding party shall send eight copies of a written
submission to its respective members of the Board within thirty days of
the date of the notice set forth above. Copies of such submissions
shall be exchanged at the initial meeting of the Board to consider the
dispute. (d) In the event the respondent does not file a reply within the
time limits specified, the dispute shall be decided on the basis of the
petitioner's submission. (e) Disputes submitted under this Section shall designate the
determination period and seniority district(s) involved. Section 9 - Content of Submission – Consideration of disputes submitted to the Board, as referred to in
Section 8 above, shall be limited to the material submitted by the
parties to the dispute and such submission shall include the position
of the petitioning party and supporting data and the position of the
responding party and supporting data. Section 10 - Meeting of Board – The Board shall meet initially on or before October 16, 1972 if any
disputes have been submitted as outlined in Section 8 above. Copies of
the submissions of the petitioner and respondent will be exchanged by
the partisan members of the Board at such meeting. Subsequent meetings
will be promptly held to consider and decide additional disputes which
have been submitted provided that such meetings will be held at not
less than one-month intervals from the date of the initial meeting. Section 11 - Failure of Agreement - Appointment of Referee – In the event the partisan members of the Board are unable to reach
a decision with respect to any submitted dispute, any partisan member
of the Board may request the National Mediation Board to appoint a
neutral referee selected under the provisions of Section 5 above, to
act as a member of the Board in the disposition of such submitted
dispute. The National Mediation Board shall be requested to make the
appointment within ten days after receipt of such request and notify
the partisan members of the Board of such appointment promptly after it
has been made, the Board as so constituted, to convene within five days
after the appointment of a referee. Copies of the submissions of the
respective parties shall promptly be made available to the referee. Section 12 - Procedure at Board Meetings – When the Board is augmented by a referee, as provided in section 3
above, such referee shall preside at meetings of the Board and shall be
designated for the purpose of the case as the Chairman of the Board. A
majority vote of all members of the Board shall be required for a decision
of the Board. (A partisan member of the Board may, in the absence
of his other partisan member, vote on behalf of both.) Decisions shall
be made within five calendar days from the date of such meetings. Section 13 - Final and Binding Character – If the dispute involves the number of firemen (helpers) to be
hired, and the Board finds that the carrier's determination of the
number of firemen (helpers) required to be employed in order to comply
with Section 3 of Article I is not sufficient, it shall order the
carrier to employ such additional number of firemen (helpers) as in the
judgment of the Board is required under Section 3 of Article I. If the
Board finds the carrier's determination as to the number of firemen
(helpers) that should be employed under Section 3 of Article I is
correct, it shall deny the claim. Decisions of the board will be in
writing and shall be final and binding upon both parties to the
dispute, and if in favor of the petitioner, shall direct the other
party to comply therewith on or before a day named. Decisions rendered
hereunder shall be enforceable pursuant to Section 3, Second, of the
Railway Labor Act, as amended. Section 14 - Extension of Time Limits – The time limits specified in this Memorandum Agreement may be
extended only by mutual agreement of the partisan members of the Board. Section 15 - Payment of Compensation – The parties hereto will assume the compensation and travel expense
of the Board members selected by them. Neutral referees shall be compensated
and reimbursed for expenses by the National Mediation Board. Section 16 - Withdrawal of Disputes – A dispute may be withdrawn by the initiating party any time prior
to convening the Board for the purpose of deciding the dispute. SIGNED AT WASHINGTON, D.C., THIS 15TH DAY OF AUGUST, 1972. FOR THE PARTICIPATING CARRIERS LISTED
IN EXHIBIT A ATTACHED TO THE AGREEMENT
OF JULY 19, 1972 (MANNING):
/s/ WILLIAM H. DEMPSEY
William H. Dempsey, Chairman,
National Railway Labor Conference
FOR THE UNITED TRANSPORTATION UNION:
/s/ M. W. HAMPTON
M. W. Hampton, Assistant President
MANNING AND TRAINING
AGREEMENT THIS AGREEMENT, made this 25th day of August 1978 by and between
the participating carriers listed in Exhibit A, attached hereto and
made a part hereof, and represented by the National Carriers' Conference
Committee, and the employees of such carriers shown thereon and
represented by the United Transportation Union, witnesseth: IT IS HEREBY AGREED: A. The parties hereto agree that the Agreement of July 19, 1972
relating to Manning and Training are hereby amended in the
following respects: 1. Paragraph A of Article VI - Compensation During Training -
of the July 19, 1972 Training Agreement is amended by
adding as a new paragraph thereto the following: "Notwithstanding the foregoing provisions, firemen,
while being paid the weekly minimum rate provided
for by this Paragraph A, shall receive additional
pay for time spent in excess of 48 hours
during a calendar week in on-the-job training.
Such time will be paid for on a minute basis at an
hourly rate equal to 3.125% of the weekly rate." NOTE: The above provision shall not apply on any
carrier on which the weekly rate provided for in
Paragraph VI, A does not apply unless within 30
days from the date of this Agreement the General
Chairman elects to revert to such rate and so notifies
the carrier. 2. Article I Employment of Firemen (Helpers) - of the July 19,
1972 Manning Agreement is amended by adding the following Note to
Section 3(a): (ALREADY INCORPORATED IN THIS REVISED COPY OF THE MANNING AGREEMENT) 3. Section 5 of Article III - Employment Protection and Exercise of
Seniority - of the July 19, 1972 Manning Agreement is hereby amended
by adding the following paragraph (i): (ALREADY INCORPORATED IN THIS REVISED COPY OF THE MANNING AGREEMENT) 4. Interpretation Committee A Committee consisting of two organization and two carrier members
is hereby established with authority to issue agreed-upon interpretations
of the provisions of the July 19, 1972 Manning and Training
Agreements as modified by this agreement. It is further understood that individual claims for compensation
alleged to be due pursuant to such agreements shall be handled on the
property in accordance with the rules governing the handling of claims
and grievances, including time limit rules. Within thirty days of the date of this agreement the parties hereto
shall appoint their respective members of the Committee which shall
promptly meet and agree upon rules of procedure for handling questions
submitted for interpretation. The rate of pay in the weight-an-drivers bracket 450,000 and less
than 500,000 pounds will be the minimum standard rates of pay for
firemen in yard service. C. General Provisions 1. Court Approval This Agreement is subject to approval of the courts with
respect to Carriers in the hands of receivers or trustees. 2. Effect of This Agreement (i) This Agreement is in settlement of the dispute between the
carriers listed in Exhibit A and the United Transportation Union
growing out of the notices served by the United Transportation
Union, dated on or about May 26, 1975. It shall be construed as a
separate agreement by and on behalf of each of said carriers and
its employees represented by the organization signatory hereto,
and shall continue in effect through March 31, 1981 and thereafter
until changed or modified in accordance with the procedures of the
Railway Labor Act, as amended. (ii) The parties to this Agreement shall not serve nor progress
prior to January 1,1981 (not to become effective before April 1,
1981) any notice or proposal relating to the July 19, 1972 Manning
and Training Agreements, as amended, and any pending notices
served by one party upon another pertaining to such matters, and
not otherwise disposed of under paragraph (i) above, are hereby
withdrawn. ( iii) The effective date of this Agreement shall be September 1,
1978. SIGNED AT WASHINGTON, D.C. THIS 25th DAY OF AUGUST, 1978 FOR THE PARTICIPATING CARRIERS
LISTED IN EXHIBIT A:
CHARLES L HOPKINS, JR
Chairman
C. F. BURCH
A. E. EGBERS
F. R ELTERMAN
G. L FARR
J. R NEIKIRK
C. E. MERVINE, JR
GEORGE S. PAUL
L W.SLOAN
ROBERT E. UPTON FOR THE EMPLOYEES REPRESENTED BY THE
UNITED TRANSPORTATION UNION:
AL H. CHESSER
R R BRYANT
J. W. ,JENNINGS
H.G. KENYON
EXHIBIT A
RAILROADS REPRESENTED BY THE NATIONAL CARRIERS' CONFERENCE
COMMITTEE IN CONNECTION WITH NOTICES, DATED ON
OR ABOUT MAY 26, 1975, SERVED UPON VARIOUS RAILROADS BY
THE GENERAL CHAIRMEN, OR OTHER RECOGNIZED REPRESENTATIVES
OF THE UNITED TRANSPORTATION UNION OF DESIRE TO
REVISE THE UTU JULY 19, 1972 MANNING AGREEMENT TO THE
EXTENT INDICATED IN ATTACHMENT A, AND SUCH NOTICES AS
MAY BE SERVED BY THE CARRIERS FOR CONCURRENT HANDLING
THEREWITH. Subject to indicated footnotes, this authorization is co-extensive with notices
filed, as indicated below, and with provisions of current schedule agreements
applicable to employees represented by the United Transportation Union. Akron & Barberton Belt Railroad
Akron, Canton & Youngstown Railroad
Alton & Southern Railway
Atchison, Topeka and Santa Fe Railway
Atlanta & Saint Andrews Bay Railway
Bangor and Aroostook Railroad
Bessemer and Lake Erie Railroad
Burlington Northern Inc.
Butte, Anaconda & Pacific Railway
Camas Prairie Railroad
Central of Georgia Railroad
Central Vermont Railway, Inc.
THE CHESSIE SYSTEM:
1: Baltimore and Ohio Railroad
--Baltimore and Ohio Chicago Terminal Railroad
--Chesapeake and Ohio Railway
--Western Maryland Railway
Chicago & Illinois Midland Railway
Chicago and North Western Transportation Company
Chicago and Western Indiana Railroad
* Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago Short Line Railway
Chicago, West Pullman & Southern Railroad
Davenport, Rock Island and North Western Railway
Delaware and Hudson Railway
Denver and Rio Grande Western Railroad
Des Moines Union Railway
Detroit and Mackinac Railway
Detroit, Toledo and Ironton Railroad
Duluth, Missabe and Iron Range Railway
Duluth, Winnipeg & Pacific Railway
Elgin, Joliet & Eastern Railway
THE FAMILY LINES SYSTEM:
Seaboard Coast Line Railroad
2: Louisville & Nashville Railroad
Clinchfield Railroad
Green Bay and Western Railroad
Greenwich and Johnsonville Railway
Illinois Central Gulf Railroad
Illinois Terminal Railroad
Indiana Harbor Belt Railroad
Joint Texas Division of the CRl&P RR. and FW&D Ry.
Kansas City Southern Railway
Kansas City Terminal Railway
Kentucky & Indiana Terminal Railroad
Lake Superior Terminal and Transfer Railway
Los Angeles Junction Railway
Louisiana & Arkansas Railway
Maine Central Railroad, Portland Terminal Company
Manufacturers Railway
McKeesport Connecting Railroad
Minneapolis, Northfield and Southern Railway
Minnesota, Dakota & Western Railway
Minnesota Transfer Railway
Missouri-Kansas-Texas Railroad
3: Missouri Pacific Railroad
Fort Worth Belt Railway
Missouri-Illinois Railroad
New Orleans and Lower Coast Railroad
Monongahela Railway
Montour Railroad
New Orleans Public Belt Railroad
Norfolk and Western Railway
Oregon, California and Eastern Railway
Peoria and Pekin Union Railway
Pittsburg & Shawmut Railroad
Port Terminal Railroad Association
Quanah, Acme and Pacific Railway
St. Joseph Terminal Railroad
4: St. Louis-San Francisco Railway
Soo Line Railroad
Southern Railway
Alabama Great Southern Railroad
Cincinnati, New Orleans & Texas Pacific Railway
Georgia Southern and Florida Railway
Interstate Railroad
New Orleans Terminal Company
St. Johns River Terminal Company
Spokane International Railroad
Terminal Railroad Association of St. Louis
Texas Mexican Railway
Toledo, Peoria and Western Railroad
Union Pacific Railroad
Union Terminal Railway-St. Joseph Belt Railway
Washington Terminal Company
Wichita Terminal Association
Youngstown and Northern Railroad NOTES: * Subject to the approval of the Courts. 1 Includes the former BR&P Territory, former Strouds Creek and
Muddlety Territory and the Curtis Bay Railroad.
2 Covers the Monon Subdivision only.
3 Includes the former Texas and Pacific Railway.
4 Includes the AT&N District. FOR THE CARRIERS:
CHARLES I. HOPKINS, JR.
FOR THE UNITED TRANSPORTATION UNION:
AL H. CHESSER
Washington, D.C.
June 1, 1978 NATIONAL TRAINING AGREEMENT between railroads represented by the NATIONAL CARRIERS’ CONFERENCE COMMITTEE and their employees represented by the UNITED TRANSPORTATION UNION NMB CASE NO. A-9152
AS AMENDED
February 1997
Dear Brothers and Sisters:
UTU is very proud to be embarking on its twenty-fifth year of representing engine service employees
through the administration of the National Manning and Training Agreements.
These Agreements are testament to the dedicated efforts of the Officers and Chairpersons who obtained them and those Officers and Chairpersons who continue to fight for the rights of all engine and train service members today.
As rail labor heads into the twenty-first century, UTU will remain at the forefront and continue to proactively pursue the interests of our members.
Fraternally yours,
Charles L. Little
International President
HIGHLIGHTS OF THE UNITED TRANSPORTATION UNION
TRAINING PROGRAM AGREEMENT 1. Each carrier will establish and maintain a training program for the training, qualifying and promotion
of firemen-helpers to locomotive engineers. 2. A training program schedule is to be established on each individual carrier. 3. The training program is subject to review by the UTU(E) general chairperson. 4. Firemen-helpers hired subsequent to July 19, 1972, shall be given a seniority date as fireman-helpers
in accordance with existing rules. 5. After July 19, 1972, no employee may be promoted to engineer without first becoming a fireman-helper and completing the UTU(E) training program. 6. Newly hired firemen-helpers must be placed in the training program within six (6) months thereafter. 7. Firemen-helpers in classroom training at points away from home will be allowed actual and necessary
travel, meal and lodging expense. 8. A fireman-helper undergoing on-the-job training will receive lodging and meal allowances under
applicable UTU(E) agreements. 9. Existing merger or protective guarantees of firemen-helpers placed in training are preserved. 10. Firemen-helpers in training will receive health coverage, off-track vehicle insurance and credit for all
prior continuous service for vacation purposes. NMB CASE NO. A-9152 DATED JULY 19, 1972,
AND AMENDED AUGUST 25, 1978
MEDIATION AGREEMENT
This Agreement made this 19th day of July, 1972 by and between the participating carriers listed in
Exhibit “A” attached hereto and made a part hereof and represented by the National Carriers’ Conference Committee and employees of such Carriers shown thereon and represented by the United Transportation Union (Enginemen).
The Carriers and the United Transportation Union desire at this time to establish a formal training program, which, together with on-the-job training, will accelerate training, qualifying and promotion of firemen (helpers) to the craft of Locomotive Engineers. They therefore enter into this Agreement: ARTICLE I - GENERAL A. The Carrier will establish and maintain a training program to accelerate the training, qualifying and
promotion of firemen (helpers) to the craft of Locomotive Engineers in accordance with the terms of this
Agreement. B. The recruitment, selection, employment and training of firemen (helpers) under this program shall be
without discrimination because of race, color, religion, national origin or sex. ARTICLE II - ELIGIBILITY A. 1. Each firemen (helper) shall be given a seniority date as a fireman (helper) in accordance with applicable agreements now in effect. Firemen (helpers) shall be required to accept training and promotion according to their relative standing
on the Firemen’s Seniority Roster in their respective seniority district, except as otherwise provided in this Agreement. A. 2. Subsequent to the adoption of this Agreement, and except as provided herein, no employee, not
previously qualified, shall be eligible to be promoted to the craft of locomotive engineer, without first entering the service as fireman (helper) and completing the training set forth herein. B. 1. The Carrier will expedite the training, qualifying and promotion of firemen (helpers) having a seniority
date as such on the effective date of this Agreement, and such training, qualifying and promotion will be
completed before the training, qualifying and promotion of new firemen (helpers) becomes applicable under
the terms of this Agreement. In the application of this paragraph any existing agreement between the parties
requiring a minimum length of service before a fireman (helper) is eligible for promotion is superseded by this
Agreement, unless mutually agreed to the contrary by the parties on an individual Carrier. Note: This Agreement shall not require the training or promotion of firemen (helpers) on seniority
rosters on the effective date of this Agreement who have not heretofore been required to
accept promotion, including, but not limited to firemen (helpers) who are physically disqualified,
fixtures, non-promotables under certain court decisions or non-promotables by
reason of discipline. B. 2. Firemen (helpers) who are engaged in an accelerated training program under existing agreements on
individual railroads will continue their training to completion in accordance with the terms of such agreements
notwithstanding the modification of such agreements as provided herein. B. 3. Subject to the provisions of Paragraphs B. 1 and B. 2 above, all firemen (helpers) hired subsequent
to the effective date of this Agreement will be required to enter the training program within one year from the
date of their employment and be continued therein until completion of the training program which shall not
exceed six months. Length of service requirements in existing agreements between the parties are hereby
modified to conform to this paragraph unless mutually agreed to the contrary by the parties on an individual
Carrier. C. Firemen (helpers) having a seniority date as such on the effective date of this Agreement who have
failed promotional examinations under existing agreements prior to the effective date of this Agreement will
be given consideration for retraining by the General Chairman and the Carrier. D. No fireman (helper) shall be deprived of his rights to examination, nor to promotion in accordance
with his relative standing on the firemen’s roster, because of any failure to take his examination by reason of
the requirements of the company’s service, by sickness, or by other proper leave of absence; provided, that
upon his return he shall be immediately called and required to take examination and accept proper assignment. E. If a junior fireman (helper) is promoted out of turn, such junior fireman (helper) will rank below any
senior fireman (helper) as an engineer, when such senior fireman (helper) completes the program and is given
a certificate as an engineer, unless agreements on an individual Carrier provide otherwise. F. If there is an immediate need for locomotive engineers on a particular seniority district on the effective
date of this Agreement, fireman (helpers) may be required to enter the training program in seniority order irrespective
of their length of service as firemen (helpers). ARTICLE III- TRAINING PROGRAM A. The training program shall consist of classroom instruction and work experience as determined by the
Carrier. As necessary, classrooms, books, materials and instructions shall be furnished by the Carrier. B. Examinations will be prepared and administered by the Carrier. C. The training program and any intended substantial changes therein shall be reviewed from time to
time by the Carrier Representative and the UTU(E) General Chairman. D. The General Chairmen shall be furnished the name and address of each fireman (helper) entering the
training program, showing the date he is placed in training. Further, the General Chairmen will be advised by
the Carrier of the names and location of the supervisors in charge of administering the training program. E. The Carrier shall establish a training program schedule and if the schedule does not require attendance
on a day or days of a calendar week, firemen (helpers) will be considered assigned to the training program but
will be permitted to return to their home point and back to training point at their expense. Under these circumstances
a fireman (helper) will not be permitted to mark up for service. F. When firemen (helpers) are not assigned to scheduled training programs they shall be required to exercise
their seniority with the understanding that in so doing they will meet experience requirements in various
classes of service on the individual Carrier. G. As near as practicable, training days will be scheduled not to exceed eight hours, it being recognized
however that single trips for on-the-job training may of necessity exceed such hours. H. Firemen (helpers) assigned to a scheduled training program will not be used in other service prior to
completion of the training program if any qualified regular or extra engine service employee can be used. On
days firemen (helpers) assigned to a scheduled training program are not scheduled for training, they will not
be permitted to exercise their seniority or work extra.
If a fireman (helper) is used in other service during a scheduled training program his earnings for that service
will be in addition to the weekly rate set forth in this Agreement. I. A fireman (helper) will not be required to make on-the-job training trips on a seniority district other than
that for which he is being trained, unless mutually agreed to by the parties on the individual Carrier. J. Firemen (helpers) who, after starting the training program, are unable to continue the training due to
sickness or proper leave of absence will not be regarded as having failed. The decision as to whether they
must start the program at the beginning or at another point in the program will be made by the Instructor(s)-3-
after consulting with the UTU(E) Representative. K. If not otherwise provided by the Carrier, firemen (helpers) will be reimbursed for actual, reasonable,
and necessary travel, lodging and meal expenses incurred while engaged in orientation and classroom
instructions when headquartered at points beyond commuting distances from their place of residence. L. A fireman (helper) undergoing on-the-job training shall receive lodging accommodations or
allowances in lieu thereof and meal allowance as provided under the applicable UTU(E) agreement on the
individual Carrier. M. When a Carrier requires work experience on assignments that otherwise would not be available to
individual firemen (helpers) in time to permit compliance with the requirements of the training program, the
Carrier will designate a sufficient number of such assignments on which firemen (helpers) may exercise their
seniority for the period necessary to satisfy such requirements. In such cases the fireman (helper) will not be
subject to displacement until he has accumulated the necessary work experience, except he may be displaced
by a senior fireman (helper) who would otherwise be placed in a furloughed status. N. A fireman (helper) may be forced from his regular assignment to permit a fireman (helper) in training
to obtain necessary work experience on such assignment. When a senior fireman (helper) is forced from his
assignment by a firemen (helper) his junior under such circumstances, he will be paid not less than he would
have been paid on the assignment from which he was removed. O. Adequate records of firemen (helpers) on-the-job and classroom training progress shall be maintained
and reviewed with the General Chairman on request. ARTICLE IV - COMPLETION OF PROGRAM SATISFACTORILY Upon successful completion of the training program, the fireman (helper) shall be certified as a qualified
locomotive engineer, and shall be awarded a certificate so stating and shall acquire and maintain engineer’s
seniority in accordance with all applicable agreements. Upon such certification the Carrier shall supply the
UTU(E) General Chairman with the names of the firemen (helpers) so certified and the date of the certification. ARTICLE V - FAILURE TO COMPLETE SATISFACTORILY A. When, in the opinion of the Carrier Instructor(s), it becomes apparent that a fireman (helper) will not
complete the training satisfactorily, he will be required to consult with the Carrier Instructor(s) and a
Representative of the UTU(E) for the purpose of identifying and possibly overcoming the problem. B. If a fireman (helper) under this training program fails to pass the required final examination on the first
attempt, he will be given a second opportunity to pass such examination. The second examination will be
taken not less than thirty days nor more than ninety days following failure of the first examination. The second
examination will be held at the same point as the first examination if practicable or unless otherwise
mutually agreed upon. During the period while awaiting and taking the re-examination, firemen (helpers) will not be compensated
nor allowed any expenses as firemen (helpers) under this Agreement, but they will be permitted to sit in
on any classroom instructions given to other firemen (helpers). During the period while awaiting and taking the second examination firemen (helpers) may exercise their
seniority. Failure to complete the training program in accordance with the terms of this Agreement or failure to pass
the final examination on the second attempt will result in termination of service. ARTICLE VI - COMPENSATION DURING TRAINING A. Firemen (helpers) shall be paid a minimum of $653.56* per calendar week, subject to increases commensurate with those granted firemen in national negotiations, while actively participating in the training program.
This payment shall comprehend all time consumed in the training program. To receive the full rate, the
fireman (helper) must be available for a maximum of six days per calendar week commencing on Sunday.
The prorated daily rate may be deducted for each day in such calendar week a fireman (helper) is not available
of his own volition, provided that no deduction will be made for days on which training is not scheduled.
Prorated daily rate will be computed on the basis of the number of days comprising the training week.
For all days in excess of six in a calendar week that a fireman (helper) is required to participate in the training
program, he shall be paid the prorated daily rate. [See amendment for overtime rate over 48 hours.] *Rate effective December 1, 1995. Effective July 1, 1997—$676.43; and effective July 1, 1999—$700.11. B. A fireman (helper) having a seniority date on the effective date of this Agreement shall be compensated
while engaged in the scheduled training program not less than the amount he would have earned on the
regular assignment he held at the time of entry into the training program. Should a fireman (helper) be assigned to an extra list, his earnings during training will be determined on
the basis of the average earnings of the extra list at the time he was removed therefrom for training purposes.
Such determination shall be computed on the basis of the average earnings of the extra list at the last regulating
period but in no event shall his earnings exceed the maximum mileage for extra men as set forth in schedule
rules on the individual Carrier. Compensation during training for a regularly assigned or extra fireman (helper) shall be not less than the
weekly rate set forth in Paragraph A of this Article. Firemen (helpers) who enter the training program from other than a regular assignment or an extra list will
be compensated as set forth in Paragraph A of this Article. The earnings guarantee herein provided will be proportionately reduced for any scheduled training day
that a fireman (helper) is absent of his own volition. C. A fireman (helper) entering the training program who has established an earnings guarantee under the
provisions of the Washington Job Protection Agreement, the Agreement of January 27, 1972 between the
Carriers and the UTU, an employee protective agreement arising out of a transaction approval by the
Interstate Commerce Commission under Section 5 of the Interstate Commerce Act, or an employee protective
agreement arising out of the Rail Passenger Transportation Act of 1970, or an earnings guarantee of similar
character, will not have such guarantee reduced account of his participation in this training program.
However, there will be no duplication of payments under this Agreement and such protective agreements. D. Firemen (helpers) in the training program will receive the benefits under Group Policy Contract GA-
23000, as amended, or such other health and welfare program as may be in effect on the individual carrier,
provisions of Article IX of the Agreement of September 14, 1968, and National Vacation Agreements (including
the Interpretation of the Continuous Service Provisions of January 18, 1956) in effect with the UTU(E). E. Existing agreements between the parties which provide for the payment of daily, weekly, or monthly
rates of pay in excess of those set forth in this Agreement for training, qualification and promotion of firemen
(helpers), or which provide for payment of an allowance for instructor(s), or which provide for preservation of
the without fireman rates of pay, will remain in full force and effect unless otherwise mutually agreed to by
the parties on the individual Carrier. ARTICLE VII - SUPERVISION OF FIREMEN (HELPERS) IN THE TRAINING PROGRAM When firemen (helpers) participating in the training program are required to receive on-the-job training
the engineer on the job selected will acquaint the fireman (helper) in training with the responsibilities and
functions of engineers under actual working conditions, subject to the following: A. The fireman (helper) in training will be permitted to operate the engine and perform other functions
under direction of the engineer. B. While the engineer cannot be relieved from his responsibility for the safe operation of his train and-5-
engine, he will not be held responsible for broken knuckles, damaged drawbars or rough handling when the
engine is operated by the fireman (helper) in training. C. The presence of a fireman (helper) in training will not affect the engineer rate of pay when operating
without a fireman (helper). Note: The use of the term “fireman (helper) in training” in this article refers to a fireman (helper)
while actually engaged in the scheduled training program and who is being compensated
pursuant to the provisions of Article VI, Paragraphs A, B or C of this Agreement. D. Engineer(s) will be required to complete progress reports as may be directed. E. The provisions of this Article VII shall apply only on those Carriers where the UTU(E) represents the
craft or class of Locomotive Engineers. ARTICLE VIII - SIMULATORS AND OTHER TRAINING DEVICES Provisions of existing agreements between the parties covering the use of simulators or other training
devices used in the training of firemen (helpers) for promotion to locomotive engineer shall become part of
this Agreement and shall remain in full force and effect unless and until canceled or amended in accordance
with the specific terms of such agreements.
All other provisions of this Agreement shall apply to the use of simulators and other training devices used
in the training of firemen (helpers) which are hereafter established. ARTICLE IX – MISCELLANEOUS A. The parties hereto having in mind conditions which exist or may arise on individual carriers in the
application of this Agreement, the duly authorized representative of the employees, party to this Agreement,
and the officer designated by the Carrier, may mutually enter into additional written understandings to implement
this Agreement or to preserve existing training agreements. ARTICLE X - EFFECT ON EXISTING AGREEMENTS This agreement will supersede existing agreements relating to the training, qualifying and promotion of
firemen (helpers) represented by the UTU(E) only to the extent set forth herein. ARTICLE XI - DISPUTES COMMITTEE There is hereby established a National Disputes Committee consisting of one Carrier member and one
Organization member signatories hereto, the jurisdiction of which shall be limited solely to the settlement of
disputes as to how existing individual agreements between a Carrier and the UTU(E) should be changed to
conform to this Agreement, as outlined in Paragraphs (A) and (B) below: (A) For the sole purpose of revising existing individual agreements so as to make them conform to this
Agreement, a representative of each Carrier and the duly authorized representative of its employees shall, as
expeditiously as possible, but in any event no later than forty-five days after the effective date of this
Agreement, prepare and exchange in writing a list of agreement provisions which each party views as being
superseded or modified by this Agreement. (B) As expeditiously as possible, but in any event no later than seventy-five days after the effective date of
this Agreement, the Carrier representative will meet with the duly authorized representative of its employees
for the purpose of deleting and/or modifying any agreement rules in conflict with this Agreement. (C) Any disputes arising solely in connection with the revising of individual agreements so as to make
them conform to this Agreement and not settled on the property under the procedures outlined in Paragraphs
(A) and (B) above may be referred by either party to the National Disputes Committee for a final and binding
decision. Such disputes must be submitted within one hundred twenty days after the effective date of this-6-
Agreement in compliance with the agreed-to procedures applicable to the preparation, distribution and timely
furnishing of submissions to the National Disputes Committee. (D) The National Disputes Committee shall meet and consider any disputes that have been docketed
within three months after the effective date of this Agreement. Subsequent meetings will be held on agreed upon
dates, provided such dates are to be no later than six months and nine months following the effective
date of this Agreement. After deciding all of the disputes that have been docketed at the beginning of the nine
months meeting, the National Disputes Committee shall cease to exist. (E) In the event the National Disputes Committee is unable to reach a decision with respect to any submitted
dispute, the Committee shall endeavor to agree upon the selection of a neutral referee to act as a
member thereof in the disposition of such submitted dispute. In the event the Committee is unable to agree
upon the selection of a neutral referee to be a member of the Board for the consideration and disposition of
such dispute, either member of the Committee, within ten days after their failure to agree upon a neutral referee,
may request the National Mediation Board to appoint such neutral referee. Upon receipt of such request
the National Mediation Board shall promptly make such appointment. The neutral person so selected or
appointed shall be compensated and reimbursed for expenses by the National Mediation Board. (F) The National Disputes Committee, with a neutral referee acting as a member thereof, will render decisions
on deadlocked disputes no later than thirty days following the conclusion of proceedings. Any two
members of the Disputes Committee shall be competent to render decisions. Such decisions shall be final and
binding upon both parties. ARTICLE XII - COURT APPROVAL This Agreement is subject to approval of the courts with respect to Carriers in the hands of receivers or
trustees. ARTICLE XIII - EFFECT OF THIS AGREEMENT A. This Agreement is in settlement of the dispute growing out of notices served on the Carriers listed in
Exhibit “A” by the former BLF&E (UTU(E) on or about November 15, 1965, (identified as former BLF&E
Notice No. 3), and shall be construed as a separate agreement by and on behalf of each of said Carriers and
their employees represented by the organization signatory hereto, and shall remain in effect thereafter until
changed or modified in accordance with the provisions of the Railway Labor Act, as amended. [See amendment.] B. This Agreement is intended to apply only to the rates of pay, rules or working conditions of firemen
(helpers) and locomotive engineers represented by the UTU(E) and shall not be construed or applied otherwise. C. The effective date of this Agreement shall be July 19, 1972. SIGNED AT WASHINGTON, D. C., THIS 19TH DAY OF JULY, 1972. For the Participating Carriers Listed in Exhibit A:
/s/ WILLIAM H. DEMPSEY
William H. Dempsey, Chairman
/s/ C. A. BALL
C. A. Ball
/s/ F. K. DAY, JR.
F. K. Day, Jr.
/s/ T. C. DeBUTTS
T. C. De Butts
/s/ G. L. FARR
G. L. Farr
/s/ J. R. JONES
J. R. Jones
/s/ J. J. MAHER
J. J. Maher
/s/ C. E. MERVINE, JR.
C. E. Mervine, Jr.
/s/ EARL OLIVER
Earl Oliver
/s/ G. S. PAUL
G. S. Paul
/s/ G. M. SEATON, JR.
G. M. Seaton, Jr.
For the Employees Represented By The United
Transportation Union:
/s/ M. W. HAMPTON
M. W. Hampton, Assistant President
/s/ J. W. JENNINGS
J. W. Jennings, Vice President
/s/ H. M. PRICE
H. M. Price, Chairman
/s/ M. H. NELSEN
M. H. Nelsen, Vice Chairman
/s/ A. B. HEALAN
A. B. Healan, Secretary
/s/ R. A. BONENO
R. A. Boneno, Member
/s/ R. M. GAMBRELL
R. M. Gambrell, Member
/s/ T. P. GORMAN, JR.
T. P. Gorman, Jr., Member
/s/ G. B. McKEE
G. B. McKee, Member
/s/ H. W. WHITE
H. W. White, Member
WITNESS:
/s/ WARREN S. LANE
Warren S. Lane
Regional Head Mediator
National Mediation Board
/s/ JACK W. CASSLE
Jack W. Cassle
Mediator
National Mediation Board
PARTICIPATING CARRIERS REPRESENTED BY THE NATIONAL CARRIERS’ CONFERENCE COMMITTEE
AND THE EMPLOYEES OF SUCH CARRIERS REPRESENTED BY THE UNITED TRANSPORTATION UNION
Akron and Barberton Belt Railroad
Akron, Canton and Youngstown Railroad
Alton and Southern Railway
Ann Arbor Railroad
Atchison, Topeka and Santa Fe Railway
Atlanta & St. Andrews Bay Railway
Atlanta and West Point Rail Road - The Western Railway of Alabama
Atlanta Joint Terminals
Baltimore and Ohio Railroad
Buffalo Division
Strouds Creek and Muddlety Territory
Baltimore and Ohio Chicago Terminal Railroad
Bangor and Aroostook Railroad
Bauxite and Northern Railway
Bessemer and Lake Erie Railroad
Boston and Maine Corporation
Buffalo Creek Railroad
Burlington Northern, Inc.
Butte, Anaconda and Pacific Railway
Camas Prairie Railroad
Central of Georgia Railroad
Central Vermont Railway, Inc.
Chesapeake and Ohio Railway
Chicago and Eastern Illinois Railroad
Chicago and Illinois Midland Railway
Chicago and North Western Transportation Company
Chicago and Western Indiana Railroad
Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago, Rock Island and Pacific Railroad
Chicago Short Line Railway
Chicago, West Pullman and Southern Railroad
Clinchfield Railroad
Curtis Bay Railroad
Davenport, Rock Island and North Western Railway
Delaware and Hudson Railway
Denver and Rio Grande Western Railroad
Des Moines Union Railway
Detroit and Mackinac Railway
Detroit and Toledo Shore Line Railroad
Detroit, Toledo and Ironton Railroad
Duluth, Missabe and Iron Range Railway
Duluth, Winnipeg and Pacific Railway
East St. Louis Junction Railroad
Elgin, Joliet and Eastern Railway
Erie Lackawanna Railway
Fort Worth and Denver Railway
Galveston, Houston and Henderson Railroad
Galveston Wharves
Green Bay and Western Railroad
Greenwich and Johnsonville Railway
Gulf, Mobile and Ohio Railroad
Illinois Central Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Indiana Harbor Belt Railroad
Indianapolis Union Railway
Joint Texas Division of the CRI&P and FtW&D Railway
Kansas City Southern Railway (including KCS affiliates at Milwaukee-Kansas City Southern Joint Agency)
Kansas City Terminal Railway
Kentucky and Indiana Terminal Railroad
Lake Superior Terminal and Transfer Railway
Lehigh and New England Railway
Lehigh Valley Railroad
Longview, Portland and Northern Railway
Los Angeles Junction Railway
Louisiana and Arkansas Railway
Louisville and Nashville Railroad, Monon Division
Maine Central Railroad
Portland Terminal Company
Manufacturers Railway
McKeesport Connecting Railroad
Minneapolis, Northfield and Southern Railway
Minnesota, Dakota and Western Railway
Minnesota Transfer Railway
Mississippi Export Railroad
Missouri-Kansas-Texas Railroad
Missouri Pacific Railroad (including Gulf District, DeQuincy Division and former Union Railway
(Memphis))
Missouri-Illinois Railroad
Monongahela Railway
Montour Railroad
New Orleans Public Belt Railroad
New Orleans Union Passenger Terminal
New York, Susquehanna and Western Railroad
Norfolk and Western Railway -
Atlantic and Pocahontas Regions;
Lines of former New York, Chicago and St. Louis Railroad;
Lines of former Pittsburgh and West Virginia Railway;
Lines of former Wabash Railroad - East and West
Norfolk Southern Railway
Northampton and Bath Railroad
Ogden Union Railway and Depot Company
Oregon, California and Eastern Railway
Penn Central Transportation Company
Pennsylvania-Reading Seashore Lines
Peoria and Pekin Union Railway
Pittsburg and Shawmut Railroad
Pittsburgh and Lake Erie Railroad, including
Lake Erie and Eastern Railroad
Port Terminal Railroad Association
Reading Company
Ironton Railroad
St. Joseph Terminal Railroad
St. Louis-San Francisco Railway
St. Louis Southwestern Railway
Seaboard Coast Line Railroad
Soo Line Railroad
Southern Pacific Transportation Company - Pacific Lines (including former El Paso and Southwestern System
and Nogales, Arizona, Yard)
Southern Railway
Alabama Great Southern Railroad (including former New Orleans and Northeastern Railroad)
Carolina and Northwestern Railway
Cincinnati, New Orleans and Texas Pacific Railway (including former Harriman and Northeastern
Railroad)
Georgia Southern and Florida Railway
Interstate Railroad
New Orleans Terminal Company
St. Johns River Terminal Company
South Omaha Terminal Railway
Spokane International Railroad
Terminal Railroad Association of St. Louis
Texas and Pacific Railway (including former Midland Valley Railroad and former Kansas, Oklahoma and
Gulf Railway)
Fort Worth Belt Railway
New Orleans and Lower Coast Railroad
Texas Mexican Railway
Toledo, Peoria and Western Railroad
Toledo Terminal Railroad
Union Pacific Railroad
Union Terminal Company (Dallas)
Union Terminal Railway-St. Joseph Belt Railway
Washington Terminal Company
Western Maryland Railway
Wichita Terminal Association
Youngstown and Northern Railroad
EXHIBIT A
(Training) *Subject to the Approval of the Courts. 1 Authorization applies on that part of the Camas Prairie Railroad covered by the Burlington Northern, Inc. (former Northern Pacific Railway) schedule.
2 Authorization includes the Minneapolis Industrial Railway.
3 Authorization excludes firemen on the former Louisville and Jeffersonville Bridge and Railroad of the former New York Central Railroad. FOR THE CARRIERS:
/s/ J. F. Griffin
J. F. GRIFFIN
FOR THE UNITED TRANSPORTATION UNION (E):
/s/ B. R. Calkins
B. R. CALKINS
Washington, D.C., July 19, 1972 NATIONAL RAILWAY LABOR CONFERENCE
July 19, 1972 T-1
Mr. M. W. Hampton
Assistant President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hampton: This will confirm our understanding that employees who on the effective date of Mediation Agreement,
Case No. 9152, Sub 1, Sub. 2, Sub. 3 and Sub. 4, are engaged in an accelerated training program under existing
agreements on individual railroads may continue their training program to completion in accordance with
the terms of such agreements. Yours very truly,
/s/ William H. Dempsey, Chairman
ACCEPTED:
/s/ M. W. Hampton
NATIONAL RAILWAY LABOR CONFERENCE
July 19, 1972 T-2
Mr. M. W. Hampton
Assistant President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hampton:
In accordance with our understanding, this is to confirm that, in the granting of vacations to firemen
(helpers) subject to the provisions of the Operating Vacation Agreement of April 29, 1949, as amended, who
have transferred (without a break in the employment relationship) to that class of service from a class of service
not covered by an agreement held by an organization signatory to the Operating Vacation Agreement of
April 29, 1949, all service rendered for the carrier in the class or classes of service not so covered will be
counted in establishing the requirements of such Agreement as to the years of continuous service, the days of
service rendered during the years of continuous service and the service rendered in the calendar year preceding
the year in which the vacation is taken in the same manner as if the service not covered had been subject
to the provisions of the Operating Vacation Agreement. Will you please confirm your acceptance of this understanding by affixing your signature in the space
provided therefor below. Yours very truly,
/s/ William H. Dempsey, Chairman
ACCEPTED:
/s/ M. W. Hampton
MANNING AND TRAINING AGREEMENT
THIS AGREEMENT, made this 25th day of August 1978 by and between the participating carriers listed in
Exhibit A, attached hereto and made a part hereof, and represented by the National Carriers’ Conference
Committee, and the employees of such carriers shown thereon and represented by the United Transportation
Union, witnesseth: IT IS HEREBY AGREED: A. The parties hereto agree that the Agreement of July 19, 1972 relating to Manning and Training are
hereby amended in the following respects: 1. Paragraph A of Article VI—Compensation During Training— of the July 19, 1972 Training
Agreement is amended by adding as a new paragraph thereto the following: “Notwithstanding the foregoing provisions, firemen, while being paid the weekly minimum
rate provided for by this Paragraph A, shall receive additional pay for time spent in excess of
48 hours during a calendar week in on-the-job training. Such time will be paid for on a
minute basis at an hourly rate equal to 3.125% of the weekly rate.” NOTE: The above provision shall not apply on any carrier on which the weekly rate provided
for in Paragraph VI, A does not apply unless within 30 days from the date of this
Agreement the General Chairman elects to revert to such rate and so notifies the carrier. 2. Article I—Employment of Firemen (Helpers)—of the July 19, 1972 Manning Agreement is amended
by adding the following Note to Section 3(a): “NOTE: For the purpose of this Section, the maximum applicable regulating factor applicable
to yard engineers subject to a five-day work week Agreement will be not more than 26
days per month.” 3. Section 5 of Article III—Employment Protection and Exercise of Seniority—of the July 19, 1972
Manning Agreement is hereby amended by adding the following paragraph (i): “(i) Notwithstanding other provisions of this Section 5, a carrier may reduce the number of
firemen on a seniority district equal to the reduction in the number of engineer positions of
that district as the result of emergency conditions such as flood, snowstorm, hurricane,
earthquake, fire or strike; provided that the application of the foregoing shall not result in the
furlough of firemen employed on or before September 1, 1978. As the number of engineer
positions reduced because of emergency conditions are restored, an equal number of firemen
furloughed under this provision will be returned to service. Any reduction in the number
of engineer miles or days because of an emergency condition resulting in a reduction in
the number of firemen under this paragraph (i) will not be taken into account in the 14-day
determinations under paragraphs (b) through (e) of this Section. It is further understood and
agreed that notwithstanding the foregoing, any employee who is affected by such an emergency
force reduction and reports for work for his position without having been previously
notified not to report, shall receive four hours’ pay at the applicable rate for his position. If
an employee works any portion of the day, he will be paid in accordance with existing rules. 4. Interpretation Committee A Committee consisting of two organization and two carrier members is hereby established with
authority to issue agreed-upon interpretations of the provisions of the July 19, 1972 Manning and-14-
Training Agreements as modified by this agreement. It is further understood that individual claims for compensation alleged to be due pursuant to such
agreements shall be handled on the property in accordance with the rules governing the handling of
claims and grievances, including time limit rules. Within thirty days of the date of this agreement the parties hereto shall appoint their respective members
of the Committee which shall promptly meet and agree upon rules of procedure for handling
questions submitted for interpretation. B. The rates of pay in the weight-on-drivers bracket 450,000 and less than 500,000 pounds will be the
minimum standard rates of pay for firemen in yard service. C. General Provisions 1. Court Approval This Agreement is subject to approval of the courts with respect to Carriers in the hands of receivers
or trustees. 2. Effect of This Agreement (i) This Agreement is in settlement of the dispute between the carriers listed in Exhibit A and the
United Transportation Union growing out of the notices served by the United Transportation Union,
dated on or about May 26, 1975. It shall be construed as a separate agreement by and on behalf of
each of said carriers and its employees represented by the organization signatory hereto, and shall
continue in effect through March 31, 1981 and thereafter until changed or modified in accordance
with the procedures of the Railway Labor Act, as amended. (ii) The parties to this Agreement shall not serve nor progress prior to January 1, 1981 (not to become
effective before April 1, 1981) any notice or proposal relating to the July 19, 1972 Manning and
Training Agreements, as amended, and any pending notices served by one party upon another pertaining
to such matters, and not otherwise disposed of under paragraph (i) above, are hereby withdrawn. (iii) The effective date of this Agreement shall be September 1, 1978. SIGNED AT WASHINGTON, D.C. THIS 25th DAY OF AUGUST, 1978 FOR THE PARTICIPATING CARRIERS LISTED
IN EXHIBIT A:
CHARLES I. HOPKINS, JR., Chairman
C. F. BURCH
A. E. EGBERS
F. R. ELTERMAN
G. L. FARR
J. R. NEIKIRK
C. E. MERVINE, JR.
GEORGE S. PAUL
L. W. SLOAN
ROBERT E. UPTON
FOR THE EMPLOYEES REPRESENTED BY THE
UNITED TRANSPORTATION UNION:
AL H. CHESSER
R. R. BRYANT
J. W. JENNINGS
H. G. KENYON NATIONAL RAILWAY LABOR CONFERENCE
August 25, 1978
Mr. Al H. Chesser, President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107 This will confirm our understanding that in the application of Article IV of Mediation Agreement, Case A-
9152, Sub. 1., Sub. 2., Sub. 3., and Sub. 4., dated July 19, 1972 (Training), a fireman (helper) successfully
completing the training program shall be certified as a locomotive engineer in all classes of service on his
seniority district, except, however, if agreement rules require additional qualification, such rules shall not be
affected. Will you please indicate your concurrence by affixing your signature in the space provided below. Yours very truly,
/s/ C. I. Hopkins, Jr.
I concur:
/s/ AL CHESSER EXHIBIT A RAILROADS REPRESENTED BY THE NATIONAL CARRIERS’ CONFERENCE COMMITTEE IN CONNECTION
WITH NOTICES, DATED ON OR ABOUT MAY 26, 1975, SERVED UPON VARIOUS RAILROADS BY THE
GENERAL CHAIRMEN, OR OTHER RECOGNIZED REPRESENTATIVES, OF THE UNITED TRANSPORTATION
UNION OF DESIRE TO REVISE THE UTU JULY 19, 1972 TRAINING AGREEMENT TO THE EXTENT
INDICATED IN ATTACHMENT B, AND SUCH NOTICES AS MAY BE SERVED BY THE CARRIERS FOR CONCURRENT HANDLING THEREWITH. Subject to indicated footnotes, this authorization is co-extensive with notices filed, as indicated below, and
with provisions of current schedule agreements applicable to employees represented by the United
Transportation Union. Akron & Barberton Belt Railroad
Alton & Southern Railway
Atchison, Topeka and Santa Fe Railway
Atlanta & Saint Andrews Bay Railway
Bangor and Aroostook Railroad
Bessemer and Lake Erie Railroad
Burlington Northern Inc.
Camas Prairie Railroad
Central of Georgia Railroad
Central Vermont Railway, Inc.
THE CHESSIE SYSTEM:
Baltimore and Ohio Railroad
Baltimore and Ohio Chicago Terminal Railroad
Chesapeake and Ohio Railway
Western Maryland Railway
Chicago & Illinois Midland Railway
Chicago and North Western Transportation Company
Chicago and Western Indiana Railroad
Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago Short Line Railway
Davenport, Rock Island and North Western Railway
Delaware and Hudson Railway
Denver and Rio Grande Western Railroad
Des Moines Union Railway
Detroit and Mackinac Railway
Detroit, Toledo and Ironton Railroad
Duluth, Missabe and Iron Range Railway
Duluth, Winnipeg & Pacific Railway
Elgin, Joliet & Eastern Railway
THE FAMILY LINES SYSTEM:
Seaboard Coast Line Railroad
Louisville & Nashville Railroad
Clinchfield Railroad
Green Bay and Western Railroad
Greenwich and Johnsonville Railway
Illinois Central Gulf Railroad
Illinois Terminal Railroad
Indiana Harbor Belt Railroad
Joint Texas Division of the CRI&P RR. and FW&D Ry.
Kansas City Southern Railway
Kentucky & Indiana Terminal Railroad
Lake Superior Terminal and Transfer Railway
Los Angeles Junction Railway
Louisiana & Arkansas Railway
Maine Central Railroad, Portland Terminal Company
Manufacturers Railway
McKeesport Connecting Railroad
Minneapolis, Northfield and Southern Railway
Minnesota, Dakota & Western Railway
Minnesota Transfer Railway
Missouri-Kansas-Texas Railroad
Missouri Pacific Railroad
Fort Worth Belt Railway
Missouri-Illinois Railroad
New Orleans and Lower Coast Railroad
Monongahela Railway
Montour Railroad
New Orleans Public Belt Railroad
Norfolk and Western Railway
Oregon, California and Eastern Railway
Peoria and Pekin Union Railway
Quanah, Acme and Pacific Railway
St. Joseph Terminal Railroad
St. Louis-San Francisco Railway
Soo Line Railroad
Southern Railway
Alabama Great Southern Railroad
Cincinnati, New Orleans & Texas Pacific Railway
Georgia Southern and Florida Railway
Interstate Railroad
New Orleans Terminal Company
St. Johns River Terminal Company
Spokane International Railroad
Terminal Railroad Association of St. Louis
Texas Mexican Railway
Toledo, Peoria and Western Railroad
Union Pacific Railroad
Union Terminal Railway-St. Joseph Belt Railway
Washington Terminal Company
Youngstown and Northern Railroad NOTES
*Subject to the approval of the Courts.
1 Includes the former BR&P Territory, former Strouds Creek and Muddlety Territory and the Curtis Bay Railroad.
2 Covers the Monon Subdivision only.
3 Includes the former Texas and Pacific Railway.
4 Includes the AT&N District. FOR THE CARRIERS:
CHARLES I. HOPKINS, JR.
FOR THE UNITED TRANSPORTATION UNION:
AL H. CHESSER
Washington, D.C., June 1, 1978
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