Appendix No. Item 8 A: Five-Day Work Week

APPENDIX No. 8 Article 3 - Five-Day Work Week Agreement ''A'' May 25, 1951

Rule 48

Section 1 . (a) Effective December 1, 1955, each Carrier, which has not theretofore done so, will establish for all classes or crafts of yard service employees covered by this Article 3, subject to the exceptions contained therein, a work week of forty hours consisting of five consecutive days of eight hours each with two days off in each seven, except as hereinafter provided. The foregoing work week rule is subject to all other provisions of this Article 3.

(b) Due to the necessity of changing existing assignments to conform to the reduced work week provided for in Section I , the Carriers will , prior to the effective date, post notices or bulletins as required by schedule, bulletin rules or practices in effect.

(1) Railroads or portions thereof on which yard assignments are bulletined:

Listing the days off of regular assignments and advertising regular relief assignments.

(2) On properties or portions thereof operating under the strict seniority or mark-up plan yard service employees shall select and be assigned ''days off'' periods as provided for below:

(a) Listing regular assignments according to service requirements .

(b) After all known assignments for yard service employees have been posted, all yard service employees will be required to make seven choices of their preferred "days off" period and the Local Chairman and local officers will cooperate in assigning the employees their "days off" period in accordance with their seniority. After "days off'' have been assigned, yard service employees will exercise seniority on the days of their work week in accordance with rules or practices in effect on individual properties or yards.

(c) After the ''days off" periods have been assigned as referred to in Section 1(b) (2)(b), days off periods assigned to individual employees shall remain unchanged except when a vacancy occurs in a "days off" period, a new assignment is created, or when affected by a force reduction. Employees exercising seniority to other "days off" periods will be governed by the provision-, of Section 11(b).

(d) Extra men will be handled in accordance with Section 6.

(3) The changes as enumerated above shall begin on the effective date of this Article 3, and employees may exercise seniority rights to select the assignment, or days off of their choice.

(4) After assignments as referred to in Section 1 (b) (1) and Section 1(b)(2)(a) have been made, changes thereafter shall be made in accordance with schedule, bulletin rules or practices in effect.

Section 2. The term "work week" for regularly assigned employees shall mean a week beginning on the first day on which the assignment is bulletined to work, and for extra or unassigned employees shall mean a period of seven consecutive days starting with Monday.

Section 3. (a) When service is required by a Carrier on days off of regular assignments, it may be performed by other regular assignments, by regular relief assignments, by a combination of regular and regular relief assignments, or by extra employees when not protected in the foregoing manner. (This does not disturb rules or practices on roads involving the use of emergency men or unassigned employees). Where regular relief assignments are established, they shall, except as otherwise provided in this Agreement, have five consecutive days of work, designated days of service, and definite starting times on each shift within the tine periods specified in the starting time rules. They may on different days, however, have different starting times within the periods specified in the starting time rules, and have different points for going on and off duty within the same seniority district which shall be the same as those of the employee or employees they are relieving, except that in a seniority district having more than one extra board, such relief assignments as are established will be manned from the territory allotted to a particular extra board.

(b) Where regular relief assignments cannot be established for five consecutive days on the same shift within the time periods specified in the starting time rules, as provided for in Section 3(a), such assignments may be established for five consecutive days with different starting times on different shifts on different days, within the time periods specified in the starting time rules, and on different days may have different points for going on and off duty in the same seniority district which shall be the same as those of the employee or employees they are relieving, except that in a seniority district having more than one extra board, such relief assignments as are established will be manned from the territory allotted to a particular extra board.

(c) After the starting times and days of service have been established, changes therein may be made only in accordance with schedule or bulletin rules.

(d) Rules providing for assignments of crews ''for a fixed period of time which shall be for the same hours daily,' will be relaxed only the extent provided in (a) and (b) of this Section 3.

(e) Regular relief assignments for yard crews will be established for the crew as a unit, except in yards operating under strict seniority or mark-up rules. However, if an operational problem exists or arises which makes it impracticable to relieve regular or regular relief crews as a unit, or if either of the parties on a property desires, the designated days off need not be the same for individual members of a crew.

Representatives of the Carrier and of the employees will cooperate in designating days off of individual members of a crew.

NOTE: It is recognized in the application of the foregoing that the nature of the work on certain assignments will require that some member or members of the crew have knowledge of the work of the assignment and that this will be considered one of the operational problems.

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

Section 4. At points where it is not practicable to grant two consecutive days off in a work week to regularly assigned or regular relief employees, agreements may be made on the individual properties to provide for the accumulation of days off over a period not to exceed five consecutive weeks.

If the Carrier contends it is not practicable to grant two consecutive days off to a regularly assigned or regular relief employee and that it is necessary to establish non-consecutive days off, representatives of the Carrier and representatives of the employees will confer and endeavor to agree upon accumulation of days off or the establishment of non-consecutive days off. If such representatives fail to agree, the Carrier may nevertheless establish non-consecutive days off, subject to the right of the employees to process the dispute as a grievance or claim under the rules agreements, and in such proceedings the burden will be on the Carrier to prove that it was not practicable to grant two consecutive days off.

Section 5. On properties where men hold seniority in both road and yard service and work from common extra boards protecting both classes of service, such extra boards will be separated except as otherwise provided in the Note following this Section 5. On these properties separate extra boards covering road and yard service respectively will be established and regulated in accordance with applicable rules on the individual properties consistent with service requirements. Employees on common extra boards which are separated will exercise their choice to work on either the road or yard board in accordance with their seniority rights.

Employees selecting yard extra boards will remain on same for at least seven calendar days except when cut off by reduction in force, when required to protect their seniority as yardmasters, or when they bid in a regular assignment in yard service as hereinafter provided.

Regular or extra yard service employees bidding into road service, regular or extra, will not be permitted to work in road service other than as provided in the following paragraphs until the expiration of their work week in yard service. Employees on the yard extra board bidding in regular or regular relief assignments in yard service or employees on strict seniority or mark-up boards exercising seniority to different ''days off'' periods will be governed by the provisions of Section 11 of this Article 3.

Employees selecting yard service under this Section 5 will be considered as not available for road service during any workweek except as provided herein. Where one of the boards becomes exhausted, employees or the other board may be used for work ordinarily falling to men off the exhausted extra board and will be considered as still attached to the board of their selection. Such employees will be compensated for each tour of service on the basis of payments as provided for by rules in effect on the various properties covering service performed from common extra boards.

Rules relating to the exercise of seniority will be relaxed to the extent necessary to comply with this Section 5.

NOTE: In instances where, because of the limited amount of work involved, separation of such boards is not practicable , the matter shall be negotiated between representatives of employees and representatives of management on individual properties and reasonable arrangements entered into looking to the maintenance of common boards.

Section 6. Extra or unassigned employees may work any five days in a workweek and their days off need not be consecutive.

Section 7. (a) In event a regular or regular relief job or assignment is annulled for one day or more, the yard service employee or employees holding the job or assignment may exercise their seniority in accordance with rules in effect on the property.

(b) Any yard service employee or employees who because of their seniority standing, or for other reasons, are unable to place themselves on a regular job or assignment on the day or days their job or assignment is annulled, will revert to the extra board and be placed thereon, in addition to the men then on the extra board, in accordance with rules in effect on the property.

(c) In event a regular or regular relief job or assignment is annulled for one day or more and any or all of the displaced yard service employees are unable to displace an employee or employees with lesser seniority on such day or days, thereby being deprived of working one or more of the five days of the job or assignment, such yard service employee or employees, if they so desire, shall be placed on the extra board in addition to the men then on the board so as to be available for work or the sixth and/or seventh day of the work week to provide them an opportunity to work five straight time shifts during the work week, provided, (1) that such yard service employees endeavored to exercise their seniority as provided in paragraphs (a) and (b) of this Section 7, (2) that such yard service employees are used from the extra board in accordance with rules in effect on the property and (3) that such service for the first eight hours on such sixth and/or seventh days will be paid for at straight time rates, until such employee or employees have worked five straight time shifts in that work week, any service in excess of eight hours on such days to be paid for under the overtime rules.

Section 8. (1) Existing rules which relate to the payment of daily overtime for regular yardmen and practices thereunder are not changed hereby and shall be understood to apply to regular relief men, except that work performed by regular relief men on assignments which conform with the provisions of Section 3 shall be paid for at the straight time rate.

(2) Current overtime rules relating to extra yardmen are cancelled as of the effective date of this Agreement and the following will apply:

Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off, or where exercising seniority rights, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as overtime on a minute basis at one and one-half times the hourly rate.

In the application of this rule, the following shall govern:

(a) This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis.

(b) A tour of duty in road service shall not be used to require payment of such overtime rate in yard service. (The term "road service'', as used in this paragraph (b), shall not apply to employees paid road rates, but governed by yard rules.)

(c) Where an extra man commences work on a second shift in a twenty-four hour period, he shall be paid at time and one-half for such second shift except when it is started twenty-two and one-half to twenty-four hours from the starting time of the first shift.

A twenty-four hour period, as referred to in this rule, shall be considered as commencing for the individual employee at the time he started to work on the last shift on which his basic day was paid for at the pro rata rate.

(d) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the pro rata rate for the first eight hours of work following such change.

(e) Except as modified by other provisions of this rule, an extra employee working one shift in one grade of service and a second shift in another grade of service shall be paid time and one-half for the second shift, the same as though both shifts were in the same grade of service, except where there is another man available to perform the work at pro rata rate.

NOTE 1. On railroads where a seniority boa rd is in effect in cases where there is a man or men on such board available for work at the pro rata rate, a senior man who exercises his seniority to work two shifts, the second of which would otherwise, under the provisions of this rule, be paid at the overtime rate, shall be paid at the pro rata rate.

NOTE 2. The adoption of this rule shall not affect any existing rule in the schedule of any individual Carrier relating to service performed on a succeeding trick when an employee's relief fails to report at the fixed starting time.

NOTE 3. On such roads as have an existing rule or practice differing from the rule of the December 12, 1947 Agreement, entitled ''OVERTIME RATE IN YARD SERVICE - EXTRA MEN'', and providing for pay at time and one-half, without exception to extra yard men performing a second tour of duty in a 24-hour period, the Employees' Committee may elect to retain the existing rule or practice in lieu of this rule.

(3) Employees worked more than five straight time eight-hour shifts in yard service in a work week shall be paid one and one-half times the basic straight time rate for such excess work, except:

(a) Where days off are being accumulated under Section 4 of this Article 3;

(b) When changing off where it is the practice to work alternately days and nights for certain periods;

(c) When working through two shifts to change off;

(d) Where exercising seniority rights from one assignment to another;

(e) Where paid straight time rates under existing rules or practices for a second tour of duty in another grade or class of service.

In the event an additional day's pay at the straight time rate is paid to a yard service employee for other service performed or started during the course of his regular tour of duty, such additional day will not be utilized in computing the five straight time eight-hour shifts referred to in this paragraph (3).

(4) There shall be no overtime on overtime, neither shall overtime hours paid for, nor time paid for at straight time rate for work referred to in paragraph (3) of this Section 8, be utilized in computing the five straight time eight-hour shifts referred to in such paragraph (3) of this Section 8, nor shall time paid for in the nature of arbitraries or special allowances such as attending court, inquests, investigations, examinations, deadheading, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such hours, or where such time is now included under existing rules in computations leading to overtime. Existing rules or practices regarding the basis of payment of arbitraries or special allowances such as attending court, inquests, investigations, examinations, deadheading, etc., also for calls, basic day, transfer time, standby time, and compensation therefor, preparatory time, starting time (except as otherwise provided in Section 3), and similar rules are not affected by the provisions of this Article 3.

(5) Any tour of duty in road service shall not be considered in any way in connection with the application of the provisions of this Article 3, nor shall service under two agreements be combined in any manner in the application of this Article 3.

Section 9. (See Synthesis, Appendix II, paragraph (b) of Section 2 for application of National Vacation Agreement in reference to yard service employees).

Section 10. Existing weekly or monthly guarantees producing more than five days per week shall be modified to provide for a guarantee of five days per week. Nothing in this Article 3 shall be construed to create a guarantee where none now exists.

Section 11. (a) All regular or regular relief assignments for yard service employees shall be for five (5) consecutive calendar days per week of not less than eight (8) consecutive hours per day, except as otherwise provided in this Article 3.

(b) An employee on a regular or regular relief assignment in yard service who takes another regular or regular relief assignment in yard service, or selects another "days off" period on a strict seniority or mark-up board in yard service, will be permitted to go on the assignment or ''days off'' period of his choice, and will take the conditions of that assignment or ''days off'' period, but will not be permitted to work more than five (5) straight time eight (6) hour shifts, as referred to in paragraph (d) of this Section, in the work week of the assignment or ''days off'' period which he had at the time he made his choice; provided however, that if the foregoing would not permit such employee to work one or more days of the assignment of his choice, and if there is no extra man available who could be used to perform the work on those days, he may be used to work those days at the straight time rate.

(c) An employee on a yard extra board who takes a regular or regular relief assignment in yard service will be permitted to go or the assignment of his choice and will take the conditions of that assignment

An employee on a regular or regular relief assignment who goes on an extra board will take the conditions attached to the extra board, but will not be permitted to work more than five (5) straight time eight (8) hour shifts, as referred to in paragraph (d) of this Section, in the work week starting with the Monday in which the change is made

(d) Except as provided in paragraphs (b) and (c) of this section employees, regular or extra, will not be permitted to work more than five (5) straight time eight (8) hour shifts in yard service (excluding the exceptions from the computations provided for in Section 8, paragraphs (3) and (4) in a work week, unless the extra board has been exhausted and the exigencies of the service require the use of additional men, in which event senior available employees in the class in which the vacancy occurs shall be used in accordance with applicable rules or practices in effect on individual properties.

Section 12. (a) Where reference is made in this Article 3 to the term ''yard service'', it shall be understood to have reference to service performed by employees governed by yard rules and yard conditions

(b) Section 3(e) and Section 5 of this Article 3 shall not apply to:

Car Retarder Operators

Hump Motor Car Operators (Chauffeurs)

Levermen

Switchtenders (sometimes classified as Switchmen)

(c) None of the provisions of this Article 3 relating to starting time shall be applicable to any classification of employees included within the scope of this Article 3 which is not now subject to starting time rules.

Section 13. Existing rules and practices including those relating to the establishment of regular assignments, the establishment and regulation of extra boards, the operation of working lists or "mark-up boards", etc. shall be changed or eliminated to conform to the provisions of this Article 3 in order to implement the operation of the reduced work week on a straight time basis.

Section 14. The parties hereto having in mind conditions which exist or may arise on individual Carriers in the application of the five (5) day work week, agree that the duly authorized representative (General Chairman) of the employees, party to this Agreement, and the Officer designated by the Carrier, may enter into additional written understandings to *implement the purposes of this Article 3, provided that such understandings shall not be inconsistent with this Article 3.

A G R E E M E N T

between

THE BROTHERHOOD OF RAILROAD TRAINMEN

and the

UNION PACIFIC RAILROAD COMPANY

Northwestern District (Huntington, Oregon& West)

It is agreed that Agreement "A" made and signed at Washington, D. C. May 25, 1951 will be made effective on the Union Pacific Railroad, Northwestern District, Huntington, Oregon and west, April 1, 1952.

Agreement "A'' will supersede the ''Interim Agreement " that is presently in effect, on April 1, 1952.

Necessary and desirable amendments to the provisions of Agreement "A" will be made to fit the conditions on this territory.

S/ B. W. Fern S/ 0. H. Newman

Vice President, B of R T Assistant to Vice President, UPRR

S/ D.B. Pidcock

General Chairman, B of R T

Portland, Oregon - February 23, 1952.

AG R E E M E N T

between the

UNION PACIFIC RAILROAD COMPANY (Northwestern District)

and the

BROTHERHOOD OF RAILROAD TRAINMEN IT IS AGREED:

Examples 4, 5 and 6 illustrating the application of the 5-day work week agreement dated at Portland, Oregon March 17, 1952 are deleted and the following adopted in lieu thereof -

Extra yardmen completing 5 straight time yard shifts at any time prior to 12 midnight Sunday will be placed on the held-off board as of the time of completion of the fifth straight time shift and will be returned to the working extra board at 12:01 AM Monday in the order of their standing on the held-off board.

Effective October 8, 1956.

Dated at Portland, Oregon - October 5, 1956.

BROTHERHOOD OF RAILROAD TRAINMEN: UNION PACIFIC RAILROAD COMPANY

S/ J. H. Watson S/ G. L. Farr

General Chairman Assistant to Vice President

ODB- 1621

UNION PACIFIC RAILROAD COMPANY Department of Labor Relations July 20, 1967

1. General Chairman, BRT 306 Park Building Portland, Oregon 97205

Dear Mr. Watson:

This has reference to the terms and provisions of Section 8 of Agreement ''A" (Five-Day Work Week) which provision relates to the payment of overtime, particularly paragraph 2 of Section 8 which applies to extra yardmen.

Under Section 8, paragraph 2, of Agreement ''A'', extra yardmen, subject to certain exceptions, may qualify for payment of time and one-half when an extra yardman commences work on a second shift in a 24-hour period, except when the second shift is started 221 to 24 hours from the starting time of the first shift.

Subparagraph (e) of paragraph 2, Section 8, of Agreement "A'', reads follows:

"Except as modified by other provisions of this rule, an extra employee working one shift in one grade of service and a second shift in another grade of service shall be paid time and one-half for the second shift the same as though both shifts were in the same grade of service, except where there is another man available to perform the work at the pro rata rate.'' (Emphasis added)

In connection with the above provision, Awards 108 and 109 of the Disputes Committee which was established to resolve disputes and issues arising over the application of the Five-Day Work Week Agreement has held that a yardman who has worked both as a yard helper and as a foreman, either by doubling through or when having started work on two separate assignments prior to 22'30" is entitled only to the pro rata rates for both tours of duty if there are other employees on the extra board available to perform the service at the straight time rate.

In consideration of the recent amendments (ODB-2075) made to the ''Note" under Rule 64(f)-3 of the Schedule Agreement of May 1, 1945 and which establishes a basis for determining qualifications for foremen, it is agreed that Awards 108 and 109 as rendered by the Disputes Committee concerning the application of Section 8, Article 111, of Agreement "A" will not be extended in their application to extra yard service employees in any yard on the Oregon Division and, even though there are other employees or the extra board who could have performed service at the pro rata rate, an extra yardman who has worked in two grades of service will be allowed payments at time and one-half for the second shift; provided, however, that this understanding shall not apply in circumstances where an employee is subject to the exceptions set out in the second paragraph under Subsection 2 of Section 8 of Agreement ''A" reading:

''Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off, or where exercising seniority rights, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as overtime on a minute basis at one and one-half times the hourly rate.''

Yours truly,

S/ N. B. Beckley

A C C E P T E D:

S/ J. H. Watson General Chairman, B R T