ITEM 4a - QUALIFYING FOR THE FILLING ENGINE FOREMAN VACANCIES IN YARD SERVICE

Item 4(a)

AGREEMENT
between the
UNION PACIFIC RAILROAD COMPANY
EASTERN DISTRICT
and the
BROTHERHOOD OF RAILROAD TRAINMEN
QUALIFYING FOR AND FILLING ENGINE FOREMAN
VACANCIES IN YARD SERVICE

1. Effective January 1, 1954. yardmen who have accumulated one year's seniority will be considered qualified engine foremen, unless, in the opinion of the general yardmaster, terminal superintendent or trainmaster, they are not qualified, in which event they will be notified in writing, with copy to the local chairman.

NOTE: It is understood the above will not restrict a qualified engine foreman with less than one year's seniority from working as engine foreman.

2. Should any yardman disagree with the decision of the general yardmaster, terminal superintendent or trainmaster, as to his qualifications as an engine foreman, the dispute will then be considered Jointly by the local chairman and one of the above-mentioned officers of the railroad; if the parties fail to reach an agreement, the matter will be referred to the General Chairman and General Manager.

Vacancies as engine foreman not filled in accordance with the provisions of the yard schedule effective September 1, 1953 will be filled by qualified engine foremen in the following manner:

(a) Where seniority extra board is maintained, qualified engine foremen will be called in seniority order;
the junior qualified foreman on the extra board will be required to fill the vacancy.

(b) Where a rotary extra board is maintained, the first out qualified foreman will be required to fill the
vacancy.

(c) If there are no qualified foremen on the extra board the helpers on the same crew on which the vacancy
occurs will be given opportunity to work as foreman, in seniority order.

(d) If there are no qualified foremen available under the provisions of (a), (b), or (e), the junior qualified
foreman working as helper and reporting for work at the same designated starting point where vacancy occurs within the same spread of starting time hours (6:30 a.m.-8:00 a.m.; 2:30 p.m.-4:00 p.m.; or 10:30 p.m.-12 midnight) will be required to fill the vacancy. If there are no qualified foremen available under this section (d), the junior qualified foreman working as helper in the terminal within the same spread of starting time hours will be required to fill the vacancy.

(e) If vacancy of foreman is not filled in accordance with paragraphs (a), (b), (e) or (d), the junior available
qualified foreman working as helper will be required to fill the vacancy.

4. (a) Penalty time will not accrue to helpers used as engine foremen in accordance with the provisions of this agreement, but the qualified available engine foreman who is not called in accordance with the provisions of this agreement will be allowed what he would have received had he been used as engine foreman, less the amount he received as helper, unless the latter la the greater amount.

(b) Qualified engine foremen forced to fill a position of engine foreman when there are junior qualified engine foremen available who should have been used under provisions of this agreement will be compensated at the rate of time and one-half for the shift worked.

(c) The penalty payment provided for in (a) and (b) of this Section 4 will not apply to yardmen who cannot be reached after a reasonable attempt has been made to call them.

5. Yardmen required to fill vacancies as engine foremen at an outlying point when there are other available yardmen junior to them on the extra board, will be paid actual miles deadheading to and from the outlying point at the foreman's rate of pay.

Dated at Omaha, Nebraska, this 14th day of December , 1953.

FOR THE EMPLOYEES:

/s/ J. E. Johnson
General Chairman, BofRT

FOR THE UNION PACIFIC RAILROAD COMPANY:

/s/ J. T. Singent
 Assistant to Vice President