Appendix No. Item 5: Traveling Switcher Agreements
| Description: APPENDIX No. 5 IT IS AGREED: Section 1. Effective February 1, 1974 vacancy bulletins for brakemen shall be issued pursuant to the provisions of the governing rules to cover the manning and establishment of the Redmond, Troutdale and Hood River switchers. Section 2. Brakemen assigned (voluntarily or through being forced under the bulletin rules) to bulletined vacancies in response to the vacancy bulletin issued on February 1, 1974 in accordance with Section I of this agreement shall accept the assignment and shall not be subject to displacement in the exercise of seniority from such positions for a period of six months, * except as hereinafter provided. Section 3. Brakemen who are assigned to the Redmond, Troutdale and Hood River traveling switchers pursuant to Section 2 of this agreement shall not, in the exercise of seniority, be permitted to apply for any other vacancy or displace any other employee their junior on any other assignment during the six-months* period referred to in Section 2 of this agreement. Exceptions to the provisions of this Section 3 may be made by agreement between the General Chairman and the Director of Labor relations in cases of sickness in the family, personal illness or other similar meritorious causes. Section 4. At the expiration of the six-month period the Redmond, Troutdale and Hood River traveling switchers - if still in existence - will again be bulletined for seniority choice and the provisions of Sections 1, 2 and 3 of this agreement will govern for the next six-month period. NOTE: For the purpose of applying Sections 1, 2 and 3 of this agreement and on and after February 1, 1974 the phrase ''six-months period" shall be understood and interpreted to mean a period of six months as follows - Section 5. Brakemen assigned to the bulletined vacancies pursuant to Section 2 of this agreement may be and shall be subject to displacement by any brakeman their senior in the event such senior brakeman did not have access to the vacancy bulletin or such senior brakeman is displaced in the exercise of seniority and is unable to hold a position as brakeman within his seniority district. Section 6. Brakemen on traveling switcher assignments with Troutdale, Hood River and Redmond as the established on and off duty points (home terminals) shall be compensated at the rate of pay listed below - Classification Daily Rate NOTE: Rates of pay as established under this Section 6 are the rates of pay in effect as of January 1,1974 and shall be subject to general wage adjustments as may be specified and established by national agreements for road service employees. Section 7. Where, in consideration of the conditions, limitation and restrictions specified under Sections 2 and 3 of this agreement, the total earnings from all sources under the basic day, mileage, overtime and other rules of the effective agreement, including any and all special, penalty and arbitrary allowances, do not produce 131 miles per day, brakemen assigned or working on traveling switcher assignments with Hood River, Troutdale and Redmond as the established point for going on and off duty shall be guaranteed not less than 131 miles for each day service is performed on the assignment or for each day such brakemen are held for service. NOTE: In determining time and mileage allowances under Section 7 of this agreement, where the miles run do not exceed 100 miles, overtime will, in that event, start to accrue at the expiration of 8 hours. Section 8. The guarantee provisions of Section 7 of this agreement shall not apply to trips made out of the home terminals (Hood River, Redmond and Troutdale) after brakemen have been on duty eight (8) hours or after having run one hundred (100) miles and to trips made pursuant to Section (c) of Article 13 in the UTU-T Agreement. Section 7, vacancies in positions of brakemen on the Redmond switcher will be protected by available extra employees from The Dalles extra board and vacancies in position of brakemen on the Hood River and Troutdale switchers shall be protected by the Albina extra board. Section 10. In consideration of the guarantee established pursuant to Section7 of this agreement, road switcher assignments may be bulletined and scheduled to operate on a five, six, or seven-day basis, and, if established on a five-day basis, the lay-over days shall be consecutive. Section 11. Notwithstanding the provisions of Section 7 of this agreement, a brakeman who would otherwise qualify and would be eligible for holiday pay under the several national agreements dealing with paid holidays shall not be deprived of holiday pay by virtue of the guarantee provisions established by Section 7 of this agreement, but nothing herein shall be construed or interpreted so as to prohibit the annulment, discontinuance or abolishment of such traveling switcher assignments by the Company in the manner prescribed in the effective schedule agreement or as provided in the several national agreements which relate to the subject of paid holidays for eligible and qualified employees. Section 12. Except as specifically set forth herein, nothing in this agreement shall be construed or interpreted so as to change, modify or amend any of the provisions of Article 13 of the Schedule Agreement of May 1, 1945. Section 13. This agreement shall be effective February 1, 1974 and thereafter, subject to the condition that it shall automatically terminate and be of no further force or effect by the serving of a thirty (30) days written notice by any one of the parties upon the other party of its desire to so terminate the agreement. In the event of termination of this agreement, rules, rates of pay, regulations and practices in effect as of January 31, 1974 shall be restored in their entirety. Dated at Portland, Oregon this 21st day of December 1973. Section 1. Pursuant to the provisions of Article 13 (Traveling Switcher Assignments) of the Schedule Agreement of May 1, 1945 between the Company and the United Transportation Union - T Division (formerly the Brotherhood of Railroad Trainmen) traveling switcher assignments as deemed necessary to meet the needs and demands of the service and as determined by the Company, may be established by the Company with Wallula, Washington designated as the home terminal, subject to the following conditions - (a) Brakemen on traveling switcher assignments with Wallula, Washington established as the or and off-duty point (home terminal), in accordance with Section 1 of this agreement, shall be compensated at the rates of pay listed below: Classification - Daily Rate (Note: Rates of pay as established under this subsection (a) of this Section 1 shall be subject to general wage adjustments as specified and established by national agreements for road service employees.) (b) Where, in the application of this Section 1, the total daily earnings from all sources under the basic day, mileage, overtime, and other rules of the effective agreement, including any and all special and arbitrary allowances, do not produce 125 miles per day, brakemen assigned or working on traveling switcher assignments with Wallula, Washington as the established point for going on and off duty shall be guaranteed not less than 125 miles for each day service is performed on the assignment or for each day such brakemen are held for service. (c) Road switcher assignments established pursuant to Section 1 of this agreement may be bulletined and scheduled to operate on a five, six or seven day basis and, if established on a five-day basis, the layover days shall be consecutive. (d) Notwithstanding the provisions of subsection (b) of this Section 1, a brakeman who would otherwise qualify and would be eligible for holiday pay under the several national agreements dealing with paid holidays, shall not be deprived of holiday pay by virtue of the quarantee provisions established by subsection (b) of this Section 1, but nothing herein shall be construed or interpreted so as to prohibit the annulment, discontinuance or abolishment of such traveling switcher assignments by the Company in the manner prescribed in the effective schedule agreement or as provided in the several national agreements which relate to the subject of paid holidays for eligible and qualified employees. (e) The provisions of subsections (a), (b), (c) and (d) of this Section 1, shall also apply to traveling switcher assignments established and stationed at Kennewick, Washington if, at the same time, there are one or more traveling switcher assignments estab1ished and stationed at Wallula, Washington under the provisions of Section 1 of this agreement. (f) If there are no traveling switcher assignments established and stationed at Wallula, Washington, the provisions of subsections (a), (b), (c) and (d) of this Section 1 shall not, in such a situation, apply to traveling switcher assignments at Kennewick, Washington. (g) The guarantee provisions of subsection (b) of this Section 1 shall not apply to trips made out of the home terminal (Wallula, Washington) after brakemen have been on duty eight (8) hours or after having run one hundred (100) miles and to trips made pursuant to Section (c) of Article 13 in the Schedule Agreement. Section 2. Except as specifically set forth herein, nothing in this agreement shall be construed or interpreted so as to change, modify or amend any of the provisions of Article 13 of the Schedule Agreement of May 1, 1945. Section 3. This agreement shall be effective February 15, 1971 and thereafter, subject to the condition that it shall automatically terminate and be of no further force or effect by the serving of a thirty (30) days written notice by any one of the parties upon the other of its desire to so terminate the agreement. In the event of termination of this agreement rules rates of pay, regulations and practices in effect as of February 14, 1971 shall be restored in their entirety.
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