ARTICLE 5

ROAD SENIORITY RIGHTS

1. Runs made vacant or new runs created will be promptly bulletined within a reasonable period for a period of six days, and no run will be considered filled until it has been bulletined as required in this Article.

Runs bid in will be assigned as promptly as practical after expiration of the bulletin period.

2. Bulletins will be available at all terminals for the assignment of crews and irregular employees.

B. PERMANENT VACANCIES - TRAINMEN

1. When a permanent vacancy occurs or conditions change on existing runs so that such changes or conditions create a preference in runs, the senior employee affected will have the right to fill such vacancy or run. The rights of trainmen so affected shall be determined by Superintendent -- record, qualifications and seniority to govern. Should an employee so affected decline to fill the vacancy created at this time, he does not lose his seniority or rights to the next vacancy.

NOTE 1: An extra employee sent to fill an away-from-home terminal permanent vacancy may be displaced prior to the expiration of six days by a senior employee exercising a displacement right.

NOTE 2: Where a road trainman's position under bulletin has been claimed as a vacancy, the assignment of the successful bidder to the run will not close the vacancy until he actually performs service on the assignment, and the trainman who claimed the vacancy during the bulletin period may continue to hold it until displaced by the successful bidder or by a senior trainman exercising seniority.

NOTE 3: A change of two hours (one hour for Southern trainmen) or more in the scheduled leaving time of a train or if the mileage on such runs is increased or decreased to the extent of 10 miles will constitute a "change in conditions" sufficient to permit the exercise of seniority of employees affected by the change. [A change of less than two hours (one hour for Southern trainmen) will not constitute a "change in conditions".] Senior employees may, within six days, exercise their seniority to or from such runs.

NOTE 4: Where a position of a must fill trainman is bulletined but no bids received, the position will be assigned to the senior furloughed trainman. If there is no furloughed trainman, the position will be assigned to the junior Extra Board trainman.

2. Trainmen voluntarily vacating a run will not be permitted to bid on the run thus vacated under the bulletin resulting from their leaving the run unless a displacement right accrues before the bulletin period expires.

3. When trainmen are displaced they can displace only the junior trainman in the pool or assignment of service in which they wish to enter. In cases of a diversity of layover in any pool or assignment, employees may displace the junior employee on the crew having layover desired. In cases of displacement this rule will apply instead of Paragraph B.1. of this Article.

NOTE: A trainman on a regular assignment who acquires a displacement right may, provided he has seniority as conductor, displace any junior employee who is regularly assigned as a conductor on an outlying job.

4. Trainmen off for any reason during the bulletin period, or when there has been a "change in conditions" on a run during the period while off, will have the right, after marking up for service, to exercise their seniority to such bulletined run, or to or from a run on which the change has occurred, provided they do so before performing any service.

5. Trainmen will not be permitted to bid-in a run in the same pool, group, or set of runs in which they hold a regular assignment if there is no diversity in established layover in such pool, group, or set of runs.

C. TEMPORARY VACANCIES - TRAINMEN

1. When temporary vacancies occur in freight service, same will be filled by extra employees for a period of six days, first-in, first-out. Temporary vacancies after a period of six days will be filled by the senior qualified trainman making application for same, or if on line of road, on his arrival at the home terminal.

NOTE 1: Trainmen/Yardmen who establish seniority after September 1, 1984 will have the right to claim a temporary vacancy only on a work day of the assignment. When such trainman/yardman is relieved or is displaced from a temporary vacancy, he must within 12 hours claim any other vacancy existing to which his seniority entitles him or, if regularly assigned, return to his regular assignment, or if an Extra Board employee, take his standing on the Extra Board. If an employee who established seniority after September 1, 1984 claims a vacancy but is displaced prior to working the vacancy, he must immediately claim another vacancy, return to his regular assignment if regularly assigned, or return to the Extra Board.

NOTE 2: The six days referred to in Paragraph C.1. mean six calendar days. The first day of the temporary vacancy will be the day after the regular employee marks off, except in those cases where the run to which he is assigned is called and the crew goes on duty before midnight of the date the employee marks off, in which event the first day of the vacancy will be the day the regular employee marks off.

NOTE 3: The "work day" for scheduled assignments is defined as twenty-two and one half (22 1/2) hours prior to the bulletined on duty time.

EXCEPTION: When known in advance that such vacancy will be for a period of more than six (6) days, the senior trainman requesting same may take the vacancy on the first day. Known vacancies as used herein consist of vacations, disciplinary suspension, personal injuries, and major illnesses only. Any vacancy created by the exercise of seniority under this rule will be filled as provided in Paragraph C.1. above.

2. a. Applicable to Southern Trainmen:

Trainmen claiming a temporary vacancy under provisions of Paragraph C.1. above will hold same until relieved by a senior trainman, or the regular trainman reports, or he may claim a subsequent vacancy, except as provided for in Paragraph C.3. below.

NOTE 1: After a regular assigned trainman has been off his regular run for more than six days, and the temporary vacancy created has been claimed under the rule, when the regularly assigned trainman reports for his run, the trainman who claimed and is filling the vacancy may then claim any other vacancy existing to which his seniority entitles him, or may, if an assigned employee, go back on his regular run, or, if an Extra Board employee, may take his standing on the Extra Board.

NOTE 2: If the trainman who created the temporary vacancy again lays off or goes on another run before he actually performs services on his own run, his run constitutes a vacancy and shall be filled by the senior trainman desiring it or reclaimed by the trainman formerly holding it according to seniority; if not claimed by either, shall be filled under schedule rules.

To avoid sharp practice the regular assigned trainman reporting shall take his run unless justifiable circumstances arising subsequent to his reporting make it necessary that he again marks off.

NOTE 3: It is further agreed that the application of this Paragraph C.2.a. in the manner provided above shall occasion no additional payments for deadheading to and/or from temporary vacancies at outlying points over and above the one deadhead trip in each direction provided for in the note under Paragraph C.3. and if filled under provisions of Note 2 shall be considered as one vacancy for applying this Note 3.

b. Applicable to CNO&TP, AGS Trainmen:

In all class of service, after the sixth day, temporary vacancies will be filled by the senior qualified trainman having made written request for such vacancy prior to the seventh day. Such employee will retain the vacancy until return of the regular employee, or displaced under seniority rules by an employee having displacement right, except that when the regular employee does not return within thirty (30) days, the run will be bulletined for a period of six (6) days, and the successful applicant will hold the run until return of the regular employee, or until displaced under seniority rules provided that any employee who is away from his home terminal during the entire bulletin period will have the right to exercise his seniority to such run provided he does so before performing any service out of the home terminal.

NOTE 1: After a regularly assigned trainman has been off his regular run for more than six (6) days and a temporary vacancy so created has been claimed under the rule, when the regularly assigned trainman reports okay for his run, the trainman who claimed and is filling the vacancy may then claim any other vacancy existing to which his seniority entitled him, or may, if an assigned trainman, go back on his regular run, or, if an Extra Board trainman, may take his standing on the Extra Board. But, if the regularly assigned trainman returning does not okay for his regular run, and instead takes another existing vacancy, the vacancy on his regular run is not affected thereby in any way.

NOTE 2: A trainman who has claimed a temporary vacancy under the provisions of C.2.b. shall not be prevented from claiming a subsequent temporary vacancy, if he so desires, except that this shall not apply to:

a. the filling of temporary vacancies at outlying point, as provided for in Paragraph C.3.

b. the filling of temporary vacancies in pool freight service in the same grade of service, in the same pool or group of runs. For example, a trainman holding a temporary vacancy as trainman in pool freight service shall not be permitted to claim a subsequent temporary vacancy in another position of trainman in the same pool or group of runs.

c. A trainman who is forced to leave a temporary vacancy account of return of the regular trainman, or account displaced under seniority rules by a trainman having a displacement right, may then claim any other vacancy existing to which his seniority entitles him, or may, if an assigned trainman, go back on his regular run; or, if an Extra Board trainman, may take his standing on the Extra Board.

3. TEMPORARY VACANCIES - OUTLYING POINTS

Extra employees called for away-from-home terminal vacancies will hold same for a period of six days; at the expiration of six days, upon their request, they will be relieved, provided an employee for relief service is available. Senior trainmen making application for such vacancies will be assigned at the expiration of the sixth day.

NOTE 1: When an extra employee requests relief after filling a temporary vacancy at an outlying point for a period of six days and another extra employee is sent to fill the vacancy, the second employee may be displaced prior to the expiration of the second six-day period of the vacancy.

An emergency employee filling a temporary vacancy at an outlying point may, at any time when tied up, be displaced by an Extra Board employee; the senior qualified employee making application for a temporary vacancy prior to the seventh day at an outlying point will be assigned at the expiration of the sixth day of the vacancy.

Neither an emergency employee nor an Extra Board employee may request relief under the rule until he has filled the run for a period of six (6) days.

NOTE 2: It is understood that under this rule the first employee sent to fill a vacancy at an outlying point will be allowed pay for deadheading to and returning from such outlying point, the effect of this being that only one deadhead trip in each direction will be paid regardless of the number of employees used in filling any one vacancy on account of exercise of seniority or relief under the six (6) day provision. (Applicable to CNO&TP, AGS trainmen: The last employee returning from the vacancy at an outlying point will be allowed pay for the deadheading.

If the first employee sent does not fill the vacancy six days and a second employee must be sent, the first employee is not entitled to pay for deadheading from the vacancy, but the second employee is.

INTERPRETATION

In a case where an Extra Board employee or an emergency employee is used in service (works, not deadheads) out of the home terminal to an outlying point, then requests relief under the six-day provision of this rule, such employee will not be allowed pay for deadheading to his home terminal, but the employee sent to the outlying point to relieve him will be allowed pay for deadheading to the outlying point, and will also be entitled to pay if deadheaded back to his home terminal upon expiration of six days or when the job is abolished. In other words, in such cases, the second employee will be considered as the "first employee sent to fill the vacancy" within the meaning of the rule.

In the event an Extra Board or emergency employee is deadheaded to an outlying point to fill a temporary vacancy, and another temporary vacancy occurs at the same outlying point when the one for which the employee was sent to fill ceases to exist, before the employee returns to his home terminal, this employee will be used to fill the second vacancy, provided there is insufficient time in which to send another Extra Board employee to fill the second vacancy, and the employee held for the second vacancy will be paid as though he had deadheaded to fill the second vacancy. In the event of the use of an employee to fill another vacancy at any outlying point, after the vacancy for which he was originally sent to fill ceases to exist, there will be no basis for claim of Extra Board employees.

D. PERMANENT VACANCIES - CONDUCTORS

1. When new runs are created or permanent vacancies occur, they will be promptly bulletined within a reasonable period. The bulletin period shall be six (6) days. At the end of the bulletin period, the senior qualified applicant will have the right to fill such runs or vacancy. Conductors absent during the bulletin period will be allowed six (6) days after returning to duty to bid thereon.

2. When conditions change on any run to the extent of two (2) hours or more on the scheduled leaving time at home terminal, or such runs are lengthened or shortened to the extent of ten (10) miles, this shall be deemed to create a preference, and senior conductor affected will have the right to fill such vacancy or runs. Conductors shall have six (6) days in which to avail themselves of this privilege. Should a conductor so affected fail to bid on or take such vacancy or run at that time, he shall not lose his seniority or rights to the next vacancy or run.

NOTE: It is agreed that the change in classification from local freight to road switcher and vice versa will be considered a change in conditions.

When more than one conductor is to be assigned to the same group of runs when bulletined in accordance with the provisions of Paragraph D.1. above, the assignment shall be made at 10:00 am on the day following the expiration of the bulletin period at midnight the previous night, and the senior employee in the terminal at the time the assignment is made will be assigned to the first run out, the second senior employee to the next run out, and so on. In the event the employees or any of them are not in the terminal at the time the assignment is made, they will be assigned in the order of their arrival in the terminal subsequent to the time the assignment is made.

Conductors will not be permitted to bid in a run in the same pool, group, or set of runs, in which they hold a regular assignment if there is no diversity in established layover in such pool, group or set of runs. The provisions of this paragraph shall not apply in cases where there is a diversity in established layover.

3. Conductors voluntarily vacating a run will not be permitted to bid on the run thus vacated under the bulletin resulting from their leaving the run.

4. When a conductor is displaced, he can displace only the junior conductor in the pool or assignment of service in which he is entitled to enter. In cases of diversity of layover in any pool or assignment, conductor may displace the junior employee on the crew having the layover desired. In cases of displacement, this rule will apply instead of Paragraphs D.1. and 2.

INTERPRETATION

Question having arisen as to when a conductor is displaced within the meaning of that language as used in Paragraph D.4. above, it is understood and agreed that a conductor is displaced when he is notified that the run to which he has heretofore been assigned has been claimed by a senior conductor to whom a displacement right has accrued under schedule rules; it being further understood and agreed that a conductor displaced from a run having initial terminal at an outlying point may continue on such run until relieved by the senior conductor who displaced him or by a senior conductor who has claimed the run as a temporary vacancy.

NOTE: Applicable to Southern, GS&F: A trainman who acquires a displacement right may displace any junior conductor who is regularly assigned at an outlying point.

E. TEMPORARY VACANCIES - CONDUCTORS

1. Conductors' Extra Board will be maintained at home terminals where there is sufficient extra work to justify.

2. Conductors assigned to the Extra Boards will be run first in, first out, on all freight vacancies and extra freight runs, except that when any vacancy has existed for six (6) days, after the sixth day the senior conductor having made written request for same prior to the seventh day, unless displaced under seniority rules or by the return of the conductor regularly assigned thereto, will be assigned and will hold same until advertised and assigned as provided for in this Article.

EXCEPTION: When known in advance that such vacancy will be for a period of more than six (6) days, the senior conductor requesting same may take the vacancy on the first day. Such conductor, unless displaced under seniority rules or by the return of the conductor regularly assigned thereto, will be assigned and will hold same until advertised as provided for in this Article.

NOTE 1: The six days referred to in this paragraph mean six calendar days. The first day of the temporary vacancy will be the day after the regular employee marks off, except in those cases where the run to which he is assigned is called and the crew goes on duty before midnight of the day the employee marks off, in which event the first day of the vacancy will be the day the regular employee marks off.

NOTE 2: A demoted conductor may not claim temporary vacancies out of the home terminal.

3. After a vacancy has existed for twenty-three (23) days, it will be bulletined promptly as possible after the twenty-third (23rd) day as a temporary vacancy for a period of six (6) days, and will, at the expiration of the bulletin period, be assigned to the senior qualified conductor bidding on same, who will hold the vacancy until displaced under seniority rules or by the return of the conductor regularly assigned thereto.

INTERPRETATION: In the event the regular assigned conductor who created the twenty-three (23) day vacancy should later resign and the assignment is bulletined as a permanent vacancy, the conductor who has bid in and been assigned to the twenty-three (23) day vacancy will be permitted to remain on such vacancy during the bulletin period advertising such job as a permanent vacancy and until he is actually displaced by the successful bidder.

NOTE: A conductor absent during the period referred to in paragraphs 2 and 3 above will have the right, after marking up for service, to exercise his seniority to temporary vacancies that have been open under this rule during his absence, provided he does so before performing any service.

4. Conductors assigned to temporary vacancies either under paragraph 2 or paragraph 3 above shall not be barred from claiming or bidding in any other conductor vacancies which he may prefer, provided, however, that such conductor may not claim or bid in a temporary vacancy in the same pool, group or set of runs in which he holds either a regular assignment or temporary vacancy. Conductors filling temporary vacancies will, when relieved therefrom, return to former assignments in the order in which they were obtained, unless prevented from so doing because of a displacement therefrom during the occupancy of last vacancy held by a senior conductor taking the same under seniority rules.

In the application of the back-up above provided for, conductor so backing up shall advise call office of the order in which he obtained his preference and be responsible for information given; while effort will be made to comply with the requirement that a conductor back up in the order in which he obtained his preference in vacancies, this is not guaranteed, and the company is not to be penalized on account of the application of this requirement.

5. a. Conductors called from the Extra Board for vacancies at outlying points will hold same for a period of six (6) days; at the expiration of six (6) days, upon their request, they will be relieved, provided conductor for relief service is available (qualified emergency conductors shall be considered available for such relief); senior conductor making application for such vacancy will be assigned at the expiration of the sixth day; if Extra Board is exhausted, the local practices apply. The vacancy shall be bulletined in accordance with schedule rules.

An emergency conductor filling a temporary vacancy at an outlying point may, during the first six (6) days of the vacancy, at any time when tied up at the home terminal of the run, be displaced by an Extra Board conductor.

b. Any employee failing to protect service as provided above, shall not be permitted to work either as conductor or trainman until the vacancy he should have filled is vacated by the employee taking his place.

c. Nothing in this rule shall interfere with application of discipline in proper cases where employees decline service without good cause.

NOTE 1: A conductor assigned to a conductor's position has a right to bid on a trainman's vacancy provided he is not forced to the conductor's position.

NOTE 2: In all instances where a conductor fails to protect service on an outlying vacancy account "bona fide sickness," and subsequently recovers from his sickness and marks up for service prior to the time he normally would have been relieved from such outlying vacancy under the rules, then and in that event, such conductors shall be required to go and protect the outlying vacancy until relieved therefrom in accordance with schedule rules.

The above interpretation shall not in any way affect the provisions of note appearing under Article 5.E.6 below dealing with deadhead payments to conductors sent to fill outlying vacancies.

6. Conductors on regular crews may claim unassigned work train service at any time they so desire. In event at calling time the conductor standing first out on the Extra Board is senior to the regular conductor who claimed the work train service, the senior Extra Board conductor will be called and the regular conductor will have no claim to the work or for any time which he may have lost because of his bidding for the extra work train service.

Neither an emergency conductor nor an Extra Board conductor may request relief under the rule until he has filled the run for the period of six (6) days.

NOTE: It is understood that under this rule the first conductor sent to fill a vacancy at an outlying point will be allowed pay for deadheading to and returning from such outlying point; the effect of this being that only one (1) deadhead trip in each direction will be paid regardless of the number of conductors used in filling any one vacancy on account of exercise of seniority or relief under the six (6) day provision.

7. When the Conductors' Extra Board is exhausted, local practices will apply.

NOTE: Regular assigned conductors will not be called unless there are no demoted conductors available.

The provisions of Paragraph D.4. also apply to displacements on temporary vacancies filled under this Paragraph E.

8. WHERE CONDUCTORS' EXTRA BOARDS ARE NOT MAINTAINED

At terminals where conditions will not justify maintaining a Conductors' Extra Board, local practices will be used to fill temporary vacancies.

F. NINETY DAY TEMPORARY VACANCY (Applicable to Southern, GS&F)

1. When a temporary vacancy in a position occupied by either a road trainman or a yardman (including car retarder operator) has existed for a period of ninety (90) days due to the absence of the incumbent from active service for any reason except suspension form service applied as discipline, such vacancy may be bulletined as a permanent vacancy, provided the Carrier's Superintendent or Terminal Superintendent, as the case may be, or his representative, and the Local Chairperson of the United Transportation Union representing the incumbent are in accord that the temporary vacancy should be bulletined.

2. Either the Carrier officer or the Local Chairperson may initiate request to bulletin a temporary vacancy as a permanent vacancy per Paragraph 1. above, and, if the Carrier officer and the Local Chairperson are in accord that such temporary vacancy should be bulletined, their agreement on the matter shall be made in writing and executed by both as of the date of their accord and made a part of the record of each party.

3. If a temporary vacancy is bulletined as a permanent vacancy per Paragraphs 1. and 2. above, and the employee formerly assigned to the vacant position returns to service, his rights shall be as follows:

a. He must either place himself upon the position to which he was assigned at the time his absence from active service began if such position is held by a junior employee, or he may exercise his seniority rights to any run which may have, during his absence, been bulletined or advertised as open account change of conditions; provided he does so before performing any service.

b. In event the position to which the returning employee was assigned is, at the time of his return, held by a senior employee, the returning employee may exercise his seniority under the schedule rules to the same extent as though he had been displaced by a senior employee.

G. REDUCTION OF EXTRA BOARD

When necessary to reduce the Extra Board the junior employee(s) in point of service will be taken from the Board and such employee will have a displacement right. Employees so reduced will not be considered out of the service of the Company and will be returned when needed, in accordance with their seniority, provided they keep the proper officers of the Company advised in writing of their address, copy of such advice to be furnished the Local Chairperson upon request; and provided further, they report for duty within fifteen (15) days after notice that their services are needed is given, copy of this notice to be furnished Local Chairperson.

H. SUBDIVIDED SENIORITY DISTRICTS

1. Applicable to GS&F

Employees holding rights as conductor may not be required to go outside of the subdivided territory hereinafter provided to protect their seniority so long as there are sufficient promoted employees available.

This Article shall not deprive any conductor of any seniority, and conductors may go to any or all parts of their seniority territory from choice in accordance with their seniority regardless of how the territory may be divided.

The seniority territory of the GS&F will be divided into two districts, namely, Macon, Georgia and Valdosta, Georgia. Employees working out of Macon will belong to the Macon district; employees working out of Valdosta will belong to the Valdosta district and be controlled by the Boards at these two points.

Extra Boards will be maintained at Macon and Valdosta.

2. Applicable to Southern Railway (Atlanta to Brunswick)

Employees holding rights as conductors may not be required to go outside of the subdivided territory hereinafter provided to protect their seniority so long as there are sufficient promoted employees available.

This Article shall not deprive any conductor of any seniority and conductors may go to any or all parts of their seniority territory from choice in accordance with their seniority regardless of how the territory may be divided.

The seniority territory between Atlanta and Brunswick will be divided into two districts, namely, Atlanta, Georgia and Macon, Georgia. Employees working south out of Atlanta will belong to the Atlanta District; employees working south out of Macon will belong to the Macon District. The employees will be controlled by the Board at each of these two points.

3. Coordination of operations and seniority districts on GS&F and LOP&SG (See Appendix).

I. DISPLACEMENT

1. a. Where agreements that provide for the exercise of displacement rights within a shorter time period are not in effect, existing rules, excluding crew consist agreements, are amended to provide that an employee who has a displacement right on any position (including Extra Boards) within a terminal or within 30 miles of such employee's current reporting point, whichever is greater, must, from the time of proper notification under the applicable agreement or practice, exercise that displacement right within forty-eight (48) hours.

b. Failure of an employee to exercise displacement rights, as provided in Paragraph a. above, will result in said employee being assigned to the applicable Extra Board, seniority permitting. (The applicable Extra Board is the Extra Board protecting the assignment from which displaced.)

c. In the event force assignment is not compatible with local agreements, prior to implementation, the parties will meet on property to determine an avenue of assignment.

2. This Paragraph I. is not intended to restrict any of the existing rights of a Carrier.

QUESTIONS AND ANSWERS - (Applicable to Paragraph E.) -

(Temporary Vacancies - Conductors)

Question 1: When known in advance that a vacancy will be for more than six (6) days, may the senior conductor claim the vacancy on the first day?

Answer: Yes.

Question 2: May the conductor claiming vacancy under Question 1 be displaced by a senior conductor?

Answer: Yes, but only by a senior conductor who was absent during the period the vacancy was claimable.

Example: (a) Conductor who was out of the terminal on another run.

(b) Conductor who was off for any reason during the period the vacancy was claimable provided he claims such vacancy before performing any service after having marked up.

Question 3: Once a vacancy has been filled, is it again claimable by senior conductor after the sixth day?

Answer: No. Except as provided under Question and Answer 2.

Question 4: Is the vacancy claimable only on the first day?

Answer: No. If it is not claimed on the first day, it may be claimed any time through the sixth day, except as provided in this Article and these questions and answers.

Question 5: Should a conductor standing to be forced to a vacancy at an outlying point on which no bids were received, be permitted to roll a junior demoted conductor who holds an assignment as conductor?

Answer: No. He should be forced to the vacancy in question and not be permitted to roll a junior conductor who holds an assignment as conductor.

Question 6: Should a conductor who has been cut off the Extra Board at the home terminal be permitted to displace a junior conductor?

Answer: Yes.

Question 7: If a conductor is added to the Extra Board at the home terminal, can a senior conductor desiring this assignment be permitted to take the Extra Board on the first day?

Answer: Yes. A conductor should be permitted to take the Extra Board on the first day a conductor is added to the Extra Board; in fact, he should be permitted to take it anytime during the first six days that the job has been added to the Board, but not after six days.

QUESTIONS AND ANSWERS

(Applicable to Paragraph I. - Displacement)

Question #1: On those properties where employees have less than 48 hours to exercise displacement rights, are such rules amended so as to now apply a uniform rule?

Answer: No, the existing rules providing for less than 48 hours continue, unless the parties specifically agree otherwise.

Question #2: Is an employee displaced under Paragraph I.1. electing to exercise seniority placement beyond thirty (30) miles of the current reporting point, required to notify the appropriate crew office of that decision within 48 hours?

Answer: Yes.

Question #3: How is an employee covered by this Paragraph I. handled who fails to exercise seniority placement within 48 hours?

Answer: Such employee is assigned to the applicable Extra Board, seniority permitting, pursuant to Paragraph I.1.b. and subsequently governed by existing rules and/or practices.

Question #4: How long a period of time does an employee have to exercise displacement rights outside the boundaries specified Paragraph I.1.a.?

Answer: The rules governing exercise of displacement rights as currently contained in existing agreements continue to apply in this situation.

Question #5: What happens if the employee notifies the Carrier that it is the employee's intent to displace outside of the 30 mile limit, then, after 72 hours, the employee is no longer able to hold that assignment?

Answer: A new 48-hour period begins.

Question #6: Is it intended that employees who fail to displace within 48 hours be assigned to an extra list where local or system agreements prohibit such assignment due to Extra Board restrictions and or seniority consideration?

Answer: See Paragraph I.1.c.

Question #7: Is it the intent of Paragraph I. to impose discipline on employees who fail to exercise seniority within 48 hours?

Answer: No, Paragraph I.1.b. provides that in these circumstances the employee will be assigned to the applicable Extra Board, seniority permitting. The employee will then be subject to existing rules and practices governing service on such Extra Board.

Question #8: Is this rule intended to expand upon the displacement rights of an individual so as to create situations not currently provided for in existing agreements and practices?

Answer: No.

Question #9: If an employee notifies the Carrier of his intent to displace beyond the 30 mile limit, can such employee notify the Carrier subsequent to the expiration of the 48-hour period of his desire to displace within the 30 miles?

Answer: No.

Question #10: How is the 30 miles limit to be measured - rail or highway?

Answer: Highway.

Question #11: When does the 48-hour time period within which the employee must exercise displacement rights begin?

Answer: When properly notified under existing rules governing this situation.

This page last updated: March 01, 2005