ARTICLE 17

YARD SENIORITY RIGHTS

1. Applicable to Southern

Runs made vacant and new runs created will be promptly bulletined within a reasonable time for a period of five days and no run will be considered filled until it has been bulletined as required by this Article.

2. Applicable to CNO&TP and AGS except NOT

a. When a new run is created or a permanent vacancy occurs, it will be bulletined for five (5) days and the senior qualified yardman making application, in writing, shall have the right to the position and be assigned at the expiration of the fifth day; if possible, will be placed on the sixth day, and in no event will be placed later than the eighth day. If no applications are received for a permanent vacancy on a yardman's position, the junior Extra Board yardman will be assigned to the position and may return to the Extra Board only when there is a yardman junior to him on the Extra Board. The original bulletin provided for above may also include a provision that bids will be accepted on vacancies resulting from such bulletin.

NOTE 1: The method of bulletining runs as provided for in this Paragraph a. above may be changed provided it is mutually agreed to in writing between the Superintendent and Local Chairperson.

A yardman may vacate a regular assignment and go on the Extra Board by making advance written request to do so to the Superintendent of Terminals, with copy to the Local Chairperson, and only then to the extent the Extra Board calls for additional employees.

NOTE 2: Applicable to NO&NE

A regularly assigned yardman may place himself on the Extra Board, in addition to the employees thereon, when a junior yardman is placed or places himself on the Board provided he does so within three days of the day the junior employee is placed or places himself thereon.

b. During the bulletin period, vacancies will be filled from the Extra Board.

c. (1) Applicable to CNO&TP and AGS

Yardmen off duty, or absent, for any cause during the entire period of the bulletin may, before their return to duty, exercise their seniority on jobs made vacant during their absence. This does not apply in case a yardman is discharged and later re-employed. (See Article 22., Paragraph J.).

(2) Applicable to NO&NE

Yardmen off duty for any cause during the entire period of the bulletin may, upon their return to duty, exercise their seniority on the jobs made vacant during their absence, provided they do so within five (5) days after returning to duty.

(3) Applicable to NO&NE

In case a yardman is away from his home terminal or absent account sickness or other cause during the bulletin period, he will have five (5) days after his return in which to claim any run bulletined during his absence. This does not apply in case of a yardman being discharged and later re-employed. ( See Article 22., Paragraph J.)

d. Applicable to CNO&TP and AGS

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

e. Applicable to N.O.T. only.

A yardman who places himself on the Extra Board when he could hold or take a regular position or a temporary vacancy on a regular position must remain on the Extra Board until midnight of the 30th calendar day following the day he so places himself unless he is cut off due to adjustment of number of employees on the Extra Board. In that period he cannot exercise seniority to any regular position or temporary vacancy by 48-hour notice or by oral or written claim, bid, application or any other means; he can work only from the Extra Board during that full period. No oral or written notice, claim, bid or application for any position received from him at any time during that period will be recognized or acted upon then or later.

f. Applicable to NO&NE only

Yard Helpers

(1) When a temporary vacancy occurs in yard service, it will be filled from the Extra Board for the first five (5) days, first-in and first-out, except that this will not debar a yardman holding one position on a crew from taking the temporary vacancy on another position on the crew the first day, seniority permitting. If such vacancy continues for more than five (5) days, after the fifth day such vacancy will be filled by the senior yardman making application for same, and he will hold it until return of the regular employee or until displaced by a senior employee who has a displacement right.

(2) When a yardman who has claimed a temporary vacancy under (1) above is displaced by return of the regular employee, or by a senior employee who has a displacement right, he may claim any other temporary vacancy existing which is held by a junior employee.

(3) If the yardman who created the temporary vacancy again lays off or goes on another run before he actually performs service on his own run, then his run constitutes a vacancy and shall be filled by the senior yardman desiring it or reclaimed by an employee formerly holding it according to seniority; if not claimed by either, shall be filled in accordance with (1) above.

(4) The "Temporary Vacancies" rule does not apply to yard work train service or pilots. Yard work train service or pilots will be filled by senior qualified employees requesting same.

Yard Foremen

(1) Yardmen desiring extra foreman's work shall file written application to this effect and, if qualified, shall thereafter be required to protect foreman's vacancies in accordance with the provisions of this rule, unless and until they serve written notice canceling such request. In the event a yardman serves written notice canceling request for extra foreman's work, he cannot reinstate request for extra foreman's work within less than thirty (30) days.

(2) When the regular foreman of a yard crew is off, the temporary vacancy created will be filled for the first two (2) working days by the senior available qualified regularly assigned helper who has filed written request for extra foreman's work and who stands for service on the shift on which the vacancy occurs. In the event the vacancy cannot be filled as provided above account no such employee being available, the vacancy will be filled by the employee standing first out on the Extra Board, if qualified, regardless of whether he has made request for extra foreman's work. In the event the employee standing first out on the Extra Board is not qualified, the junior available qualified regularly assigned helper standing for service on the shift on which the vacancy occurs will be used, regardless of whether he has requested extra foreman's work.

(3) Temporary vacancies after a period of two (2) working days will be filled by the senior qualified yardman making application, in writing, for same, and he will hold the vacancy until return of the regular employee or his is displaced by a senior employee who has a displacement right.

When a yardman who has claimed a temporary vacancy under the Paragraph next above is displaced by return of the regular employee, or by a senior employee who has a displacement right, he may claim any other temporary vacancy existing which is held by a junior employee.

(4) Temporary vacancies as foreman not claimed under Paragraph (3) will be filled as provided in Section (2).

(5) When an extra engine is used, the senior available qualified regularly assigned helper standing for service on the shift on which the extra engine is to be used, who has requested extra foreman's work in line with the provisions of Paragraph (1), will be used to fill the foreman's job; in the event there is no such employee available, the foreman's job will be filled by use of the senior qualified of the employees standing first out on the Extra Board. If none of the employees on the Extra Board is qualified, the junior available qualified regularly assigned helper standing for service on the shift on which the extra engine is to be used will be called and must protect the service.

(6) The "Temporary Vacancies" rule does not apply to yard work train service or pilots. Yard work trains or pilots will be filled by senior yardmen requesting same.

B. RECORDS

Records will be maintained at all terminals for the assignment of crews and extra employees. Access to records as to assignments will be permitted.

C. PERMANENT VACANCIES

1. When a new run is created or a permanent vacancy occurs, the most senior qualified yardman applying in writing within the bulletin period shall be assigned at the expiration of the fifth day; if possible, will be placed on the sixth day, and in no event, will he be placed later than the eighth day; provided employees on temporary vacancies, if they elect to remain on a temporary vacancy and so advise in advance, need not be placed until such temporary vacancy expires. Assignments working consecutively for six days shall be bulletined promptly within a reasonable period after the expiration of the sixth day.

2. If no applications are received for a permanent must fill vacancy on a switchman's position, the junior Extra Board yardman will be assigned to the position and may return to the Extra Board only when there is a yardman junior to him on the Extra Board.

NOTE: If no applications are received for a permanent blankable vacancy, this position may be blanked in accordance with the applicable provisions of the Crew Consist Agreement.

A yardman may vacate a regular assignment and go to the Extra Board by making advance written request to do so to the Superintendent of Terminals, with a copy to the Local Chairperson, and only then to the extent the Extra Board calls for additional employees. The Carrier will regulate the number of employees assigned to Extra Boards.

3. During bulletin period, pending assignment under this Article, position will be filled by senior qualified employee making oral request for same.

NOTE: Where a yardman's position is under bulletin, assigning the successful bidder will not close the vacancy until he actually performs service on that position. The position will be filled in the same manner as provided for in the foregoing paragraph.

4. A yardman voluntarily vacating an assignment will not be permitted to bid on the assignment thus vacated under the bulletin resulting from his leaving the assignment, unless a displacement right accrues before the bulletin expires.

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

Paragraphs 6. and 7. are applicable to GS&F only

6. Employees holding regular assignments who have held the same for a period of thirty (30) days, may give forty-eight (48) hours' written notice to the officer in charge indicating the assignment they desire, and place themselves on another assignment occupied by a junior employee. Such placement shall be accomplished in accordance with the seniority rules, except that under this Article a junior employee may not be displaced from an assignment by a senior employee who has failed to bid thereon, unless and until such junior employee has held the assignment for thirty (30) days or more. This Article shall not prevent such junior employee from being displaced by a senior employee to whom a displacement right has accrued under other Articles of this schedule. Employees affected by the exercise of seniority under this Article must give notice of their desire to displace employees junior to them before the earliest calling time for extra employees on the shift on which they desire to work.

NOTE 1: A vacancy created by an employee exercising seniority by giving forty-eight (48) hours' notice will not be bulletined, but may be claimed by an employee affected by the exercise of seniority under this Article. Unless claimed by such employee, it will be filled from the Extra Board for a period of five (5) days. If not claimed by such employee prior to the sixth day, it will be filled by the senior employee requesting same in writing.

NOTE 2: The 48 hour notice does not apply when there is a reduction in crews or if a displacement right has accrued under other seniority rules.

7. Employees exercising seniority must give notice of their desire to displace employees junior to them before the earliest calling time for extra employees on the shift on which they desire to work.

Employees reporting back for duty after laying off shall give notice of their desire to return before the earliest calling time for extra employees on the shift on which they desire to work.

8. a. Applicable to CNO&TP, AGS and NO&NE, except NOT and Chattanooga

(1) Employees holding regular assignments who have held the same for a period of thirty (30) days may, by giving forty-eight (48) hours' written notice to the officer in charge indicating the regular assignment they desire, place themselves on another regular assignment occupied by a junior employee. Such placement shall be accomplished in accordance with the seniority rules, except that under this rule a junior employee may not be displaced from an assignment by a senior employee who has failed to bid thereon, unless and until such junior employee has held the assignment for thirty (30) days or more. This rule shall not prevent such junior employee from being displaced by a senior employee to whom a displacement right has accrued under other rules of the Agreement. Employees affected by the exercise of seniority under this rule must give notice of their desire to displace employees junior to them before the earliest calling time for extra employees on the shift on which they desire to work.

NOTE 1: A vacancy created by an employee exercising seniority by giving forty-eight (48) hours' notice will not be bulletined, but may be claimed by an employee affected by the exercise of seniority under this rule. Unless claimed by such employee, it will be filled from the Extra Board for a period of five (5) days. If not claimed by such employee prior to the sixth day, it will be filled by the senior employee requesting same in writing.

NOTE 2: The 48-hour notice does not apply when there is a reduction in crews or if a displacement right has accrued under other seniority rules.

NOTE 3: This rule does not afford an employee holding a regular assignment the privilege of displacing a junior employee on a temporary vacancy.

(2) Applicable to NOT only

An employee exercising seniority must give notice of his desire to displace an employee junior to him before the earliest calling time for extra employees on the shift on which he desires to work.

An employee reporting back for duty after laying off shall give notice of his desire to return before the earliest calling time for extra employees on the shift on which he desires to work.

(3) Applicable to NO&NE only

An employee who is displaced for any cause shall, unless he obtains permission to lay off, select another regular job or the Extra Board within 12 hours after notified of being displaced. If no selection is made, the proper officer will be privileged to place him on the Extra Board.

b. Applicable to Chattanooga

The past practice of employees exercising their seniority will continue; that is, an employee holding a regular assignment may not displace a junior employee unless a displacement right accrues under other agreement rules.

c. Applicable to New Orleans Terminal

Yardmen desiring a different regular assignment will give the proper authority at least forty-eight (48) hours' advance notice before being allowed to change assignment. A yardman being displaced in this manner will continue to hold the assignment until the end of the last assigned tour of duty that begins within the 48-hour notice period, but will not be held to the assignment merely to observe rest days. (Example -- Yardman A is regularly assigned to 7:00 a.m. to 3:00 p.m., Monday through Friday, off days Saturday and Sunday. If a senior yardman gives 48-hours displacement notice (1) on Monday before 7:00 a.m., Yardman A may exercise seniority at end of assigned tour of duty Tuesday; (2) on Monday after 7:00 a.m., Yardman A may exercise seniority at end of assigned tour of duty Wednesday; (3) on Thursday, Yardman A may exercise seniority at end of assigned tour of duty Friday ; (4) on Friday before 3:00 p.m., Yardman A may exercise seniority at end of assigned tour of duty Friday; (5) between 3:00 p.m. Friday and 7:00 a.m. Saturday, Yardman A may exercise seniority immediately; (6) on Saturday after 7:00 a.m., Yardman A may exercise seniority at end of assigned tour of duty Monday.)

NOTE 1:This rule does not afford an employee holding a regular assignment the privilege of displacing a junior employee on a temporary vacancy.

NOTE 2: In case of additional crews being put on, the most senior employee in the service shall be given preference.

D. TEMPORARY VACANCIES

(Refer to Article 18 for 5-Day Work Week Provisions)

1. Yard Helpers - applicable to Southern

a. When temporary vacancies occur in yard helper's service, same will be filled from the Extra Board for a period of three working days, first-in and first-out, except this will not prohibit a helper holding one position on a crew from taking a temporary vacancy on another position on the same crew the first day, seniority permitting. After a period of three working days temporary vacancies will be filled by the senior yardmen applying for same.

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

NOTE 3: Neither a day on which the assignment is annulled nor an assigned rest day is a "working day" of a temporary vacancy for purposes of D.1.a. above. This provision intends that Extra Board employees (or those standing in their stead if Extra Board is exhausted) actually work a temporary vacancy three days before it becomes claimable.

EXCEPTION: When known in advance that such vacancy will be for a period of more than three (3) days, the senior yardman requesting same may take the vacancy on the first work day. Known vacancies as used herein consist of vacations, disciplinary suspensions, personal injuries, and major illnesses only. Any vacancy created by the exercise of seniority under this exception will be filled as provided in this Agreement.

b. A yardman claiming a temporary vacancy under this Article will hold same until displaced by a senior employee, or in the event not displaced, until the return of the regular assigned employee. This will not prevent an employee who has claimed a temporary vacancy under this Article from claiming a subsequent vacancy, if he desires.

c. Temporary vacancies not claimed under this Article will be filled from the Extra Board.

NOTE: After a regular assigned yardman has been off his regular assignment for more than three days, and the temporary vacancy so created has been claimed under this Article, when the regularly assigned yardman reports for his assignment, the yardman 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 assignment, or, if an Extra Board employee, may take his standing on the Extra Board.

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

To avoid sharp practice the regular employee reporting shall take his assignment unless justifiable circumstances arising subsequent to his reporting make it necessary that he again mark off.

2. Temporary Vacancies Yard Helpers - applicable to CNO&TP, AGS (except NO&NE) and NOT

a. When a temporary vacancy occurs in yard service, it will be filled from the Extra Board for the first three (3) days, first-in and first-out except that this will not debar a yardman holding one position on a crew from taking the temporary vacancy on another position on the crew the first day, seniority permitting. If such vacancy continues for more than three (3) days, after the third day such vacancy will be filled by the senior yardman making application for same, and he will hold it until return of the regular employee or he is displaced by a senior employee who has a displacement.

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

NOTE 3: Neither a day on which the assignment is annulled nor an assigned rest day is a "working day" of a temporary vacancy for purposes of D.1.a. above. This provision intends that Extra Board employees (or those standing in their stead if Extra Board is exhausted) actually work a temporary vacancy three days before it becomes claimable.

EXCEPTION: When known in advance that such vacancy will be for a period of more than three (3) days, the senior yardman requesting same may take the vacancy on the first day. Known vacancies as used herein consist of vacations, disciplinary suspensions, personal injuries, and major illnesses only. Any vacancy created by the exercise of seniority under this "Exception" will be filled as formerly by a. above, except on the N.O.T. the vacancy will be filled by the senior yardman who applies for it prior to calling time on the first work day of the vacancy.

b. When a yardman who has claimed a temporary vacancy under a. above is displaced by return of the regular employee, or by a senior employee who has a displacement right, he may claim any other temporary vacancy existing which is held by a junior employee.

c. If the yardman who created the temporary vacancy again lays off or goes on another run before he actually performs service on his own run, then his run constitutes a vacancy and shall be filled by the senior yardman desiring it or reclaimed by an employee formerly holding it according to seniority; if not claimed by either, shall be filled in accordance with a. above.

d. The "Temporary Vacancies" rule does not apply to yard work train service or pilots. Yard work train service or pilots will be filled by senior qualified employees requesting same. Article 18, Paragraph F.1., Five-Day Work Week, to apply. A yardman who fills a yard work train or pilot vacancy will revert to his prior assignment upon completion of such work train or pilot service, unless a displacement right accrues to him or he fills the pilot or work train vacancy in excess of three days.

NOTE: A yardman, who has claimed a temporary vacancy under Paragraph 2. above, shall not be prevented from claiming a subsequent vacancy if he so desires. A yardman who is displaced from a temporary vacancy will revert to his regular assignment or will be permitted to claim another vacancy held by a junior employee, provided he does so within six (6) hours of the time notified of the displacement. The provisions of this NOTE supersede rules, understandings or practices in conflict therewith.

3. Yard Foremen - Applicable to Southern

a. Yardmen desiring extra foremen's work on other than their own crew, shall file written application to this effect and, if qualified, shall thereafter be required to protect foremen's vacancies in accordance with the provisions of this Article, unless and until they serve written notice canceling such request. In the event a yardman serves written notice canceling request for extra foreman's work, he cannot reinstate request for extra foreman's work within less than thirty (30) days.

b. When the regular foreman of a yard crew is off, the temporary vacancy created will be filled for the first three working days by the senior qualified helper on the crew. In the event there is no qualified helper on the crew, the senior qualified regularly assigned helper who has filed a written request for extra foreman's work as provided in Paragraph D.2.a. above, and who stands for service on the shift on which the vacancy occurs, will be used, if available. If the senior employee is not available, the next senior employee will be used.

In the event the vacancy cannot be filled as provided above account no such employee being available, the vacancy will be filled by the employee standing first-out on the Extra Board, if qualified, regardless of whether he has made a request for extra foreman's work. In the event the employee standing first-out on the Extra Board is not qualified, the junior available qualified regularly assigned switchman standing for service on the shift on which the vacancy occurs will be used, regardless of whether he has requested extra foreman's work.

c. Temporary vacancies after a period of three working days will be filled by the senior qualified yardman making application for same. A yardman claiming a temporary vacancy as foreman under this Article will be required to hold same until the regular assigned employee reports unless displaced by a senior employee. This will not prevent an employee who has claimed a temporary vacancy under this Article from claiming a subsequent vacancy, if he desires.

d. Temporary vacancies as foreman not claimed under Paragraph D.2.c. above will be filled as provided in Paragraph D.2.b. above.

e. When an extra engine is used, the senior available qualified regularly assigned switchman standing for service on the shift on which the extra engine is to be used, who has requested extra foreman's work in line with the provisions of Paragraph D.2.a. above, will be used to fill the foreman's position. In the event there is no such employee available, the foreman's position will be filled by using the senior qualified of the employees standing first and/or second out (if a switchman is also called) on the Extra Board. If none of these Extra Board yardmen is qualified, the junior available qualified regularly assigned switchman standing for service on the shift on which the extra engine is to be used will be called and must protect the service.

NOTE: The word "shift", as used in Paragraphs D.2.b. and e. above, means one of the shifts as referred to in the "Starting Time" rule, i.e., one of the periods from 6:30am to 8:00am, 2:30pm to 4:00pm or 10:30pm to 12:00 midnight, with the exception of the Knoxville-Sevier Terminal, where past practice has interpreted "shift" to mean the same starting time.

f. If a temporary vacancy on the position of yard foreman on a crew that humps cars in a car retarder yard cannot be filled under Paragraph D.2.b. above with yardmen, then the first qualified employee reached in order on the Extra Board who has eight hours to work under the Hours of Service Law will be used to fill the vacancy.

g. Applicable to St. John's River Terminal only

Yard foreman vacancies will be filled in the following manner:

(1) If no applications are received for a permanent vacancy on a foreman's position, from a prior rights demoted foreman, the oldest prior rights demoted foreman will be assigned to that position.

(2) If no applications from a prior rights demoted foreman are received for a temporary vacancy on a foreman's position after a period of three working days, the position will be filled by the most senior prior rights demoted foreman.

NOTE: Definition of prior rights demoted foreman: It is understood and agreed that this means a man who held seniority as a foreman on December 31, 1984 and who is not regularly assigned as a foreman.

(3) If there are no prior rights demoted foremen, the vacancies will be filled in accordance with Paragraphs D.2.a. through f. above.

4. Temporary Vacancies Yard Foremen - Applicable to CNO&TP and AGS

(Not applicable at Chattanooga, Tennessee or NOT)

a. Yardmen desiring extra foreman's work shall file written application to this effect and, if qualified, shall thereafter be required to protect foremen's vacancies in accordance with the provisions of this rule, unless and until they serve written notice canceling such request. In the event a yardman serves written notice canceling request for extra foreman's work, he cannot reinstate request for extra foreman's work within less than thirty (30) days.

b. When the regular foreman of a yard crew is off, the temporary vacancy created will be filled for the first two (2) working days by the senior available qualified regularly assigned helper who has filed written request for extra foreman's work and who stands for service on the shift on which the vacancy occurs. In the event the vacancy cannot be filled as provided above account no such employee being available, the vacancy will be filled by the employee standing first out on the Extra Board, if qualified, regardless of whether he had made request for extra foreman's work. In the event the employee standing first out on the Extra Board is not qualified, the junior available qualified regularly assigned helper standing for service on the shift on which the vacancy occurs will be used, regardless of whether he has requested extra foreman's work. If a temporary vacancy on position of a yard foreman of a crew that humps cars in a car retarder yard cannot be filled as provided above, then the first qualified employee reached in order on the Extra Board who has eight hours to work under the Hours of Service Law will be used to fill the vacancy.

c. Temporary vacancies after a period of two (2) working days will be filled by the senior qualified yardman making application, in writing, for same, and he will hold the vacancy until he is displaced by a senior employee who has a displacement right or the return of the regular employee.

When a yardman who has claimed a temporary vacancy under the paragraph above is displaced by the return of a regular employee, or by a senior employee who has a displacement right, he may claim any other temporary vacancy existing which is held by a junior employee.

d. Temporary vacancies as foreman not claimed under Paragraph 4.c. will be filled as provided in Paragraph 4.b.

e. When an extra engine is used, the senior available qualified regularly assigned helper standing for service on the shift on which the extra engine is to be used, who has requested extra foreman's work in line with the provisions of Paragraph 4.a., will be used to fill the foreman's job, in the event there is no such employee available, the foreman's job will be filled by use of the qualified employee standing first out on the Extra Board. If none of the employees on the Extra Board is qualified, the junior available qualified regularly assigned helper standing for service on the shift on which the extra engine is to be used will be called and must protect the service.

f. The temporary vacancy rule does not apply to yard work train service or pilots. Yard work trains or pilots will be filled by senior qualified yardmen requesting same. Article 18.Paragraph F.1, Five-Day Work Week, to apply. A yardman who fills a yard work train or pilot vacancy will revert to his prior assignment upon completion of such work train or pilot service.

5. Temporary Vacancies Yard Foremen - Applicable on NOT and at Chattanooga, Tennessee

a. Yardmen desiring extra foreman's work on other than their own crew, shall file written application to this effect and, if qualified, shall thereafter be required to protect foreman's vacancies in accordance with the provisions of this rule, unless and until they serve written notice canceling such request. In the event a yardman serves written notice canceling request for extra foreman's work, he cannot reinstate request for extra foreman's work within less than thirty (30) days.

b. When the regular foreman of a crew is off, the temporary vacancy created will be filled for the first three (3) working days by the senior qualified helper on the crew. In the event there is no qualified helper on the crew, the senior qualified regularly assigned helper who has filed written request for extra foreman's work, as provided in Paragraph 5.a. above, and who stands for service on the shift on which the vacancy occurs will be used, if available. If the senior employee is not available, the next senior employee will be used.

In the event the vacancy cannot be filled as provided above account no such employee being available, the vacancy will be filled by the employee standing first out on the Extra Board, if qualified, regardless of whether he has made request for extra foreman's work. In the event the employee standing first out on the Extra Board is not qualified, the junior available qualified regularly assigned helper standing for service on the shift on which the vacancy occurs will be used regardless of whether he has requested extra foreman's work.

If a temporary vacancy on position of a yard foreman of a crew that humps cars in a car retarder yard cannot be filled as provided above, then the first qualified employee reached in order on the Extra Board who has eight hours to work under the Hours of Service Law will be used to fill the vacancy.

EXCEPTION: When known in advance that such vacancy will be for a period of more than three (3) days, the senior qualified yardman requesting same may take the vacancy on the first day. Known vacancies as used herein consist of vacations, disciplinary suspensions, personal injuries, and major illnesses only. Any vacancy created by the exercise of seniority under this rule will be filled in accordance with Paragraph 5.b. above, except on the NOT, the vacancy will be filled by the senior qualified yardman who applies for it prior to calling time on the first work day of the vacancy.

c. A temporary vacancy after a period of three (3) working days will be filled by the senior qualified yardman making application for same, in writing, prior to the fourth (4th) day, who will hold same until the regular employee reports, unless displaced by a senior employee who has a displacement right under the rules;

Except that when the regular employee does not return within thirty (30) days the run will be bulletined for a period of five (5) days and the successful applicant will hold the run until the return of the regular employee or displaced under seniority rules, provided any employee that is away from the 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 other service.

NOTE 1: In event application as referred to in first paragraph above is not received prior to the sixth (6th) day, the vacancy will be filled as provided in Paragraph b., and the employee so used will hold the job as provided in Paragraph c.

NOTE 2: In event it is necessary to bulletin the job as provided in second paragraph above, the employee holding the job during the 30-day period will continue to fill the job during the five-day bulletin period. If no application is received prior to the fifth (5th) day, such employee will continue to fill the job until return of the regular employee or until displaced by a senior employee who has a displacement right.

d. When a yardman who has claimed a temporary vacancy under Paragraph c. above is displaced by return of the regular employee, or by a senior employee who has a displacement right, he may claim any other temporary vacancy existing which is held by a junior employee.

e. When an extra engine is used, the senior available qualified regularly assigned helper standing for service on the shift on which the extra engine is to be used, who has requested extra foreman's work in line with the provisions of Paragraph a. above, will be used to fill the foreman's job; in the event there is no such employee available, the foreman's job will be filled by use of the senior qualified of the employees standing first out on the Extra Board. If none of the employees on the Extra Board is qualified, the junior available qualified regularly assigned helper standing for service on the shift on when the extra engine is to be used will be called and must protect the service.

f. The temporary vacancy rule does not apply to yard work train service or pilots. Yard work trains or pilots will be filled by senior qualified yardmen requesting same. Article 18.Paragraph F.1., Five-Day Work Week, to apply. A yardman who fills a yard work train or pilot vacancy will revert to his prior assignment upon completion of such work train or pilot service.

g. When a temporary vacancy on the position of a yard foreman of a crew that humps cars in a car retarder yard cannot be filled under Paragraph 5.b of this Article, then the first qualified employee reached in order on the Extra Board who has eight hours to work under the Hours of Service Law will be used to fill the vacancy.

E. TEMPORARY VACANCIES AT OUTLYING POINT

An extra yardman called for service at an outlying yard in his seniority district will perform service until relieved. Upon the first day no service available to him or upon the expiration of five work days, he may, upon his request, be relieved provided relief is available.

NOTE: It is understood that under this rule, the first man 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 on account of exercising seniority or relief under the relief provisions of this rule.

An Extra Board yardman standing for service at an outlying point who marks off or is out of place for a call for such service will not be permitted to mark up for service until the extra yardman who accepts the call returns to the supply point; or he may if he so desires, go to the outlying point and relieve the yardman who accepted the call.

Calling time and first-in first-out rules for yardmen are relaxed to the extent provided above.

When a yardman is called for service at an outlying point, he will be notified, if known at the time of call, of the length of the vacancy.

F. NINETY DAY TEMPORARY VACANCY - Applicable to Southern

1. When a temporary vacancy in a position occupied by 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 from service applied as a discipline, such vacancy may be bulletined as a permanent vacancy provided the Carrier's Superintendent, Terminal Superintendent or his Representative, as the case may be, and the Local Chairperson of the United Transportation Union representing the incumbent are in accord that the temporary vacancy should be so bulletined.

2. Either the Carrier officer or the Local Chairperson may initiate request to post 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 so 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 as 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 on account of a change of conditions; provided he does so before performing any service.

(b) In the 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 schedule rules to the same extent as though he had been displaced by a senior employee.

G. DISPLACEMENT

1. Applicable to Southern & GS&F

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. Applicable to CNO&TP, AGS and New Orleans Terminal

a. In the event a run or assignment is abolished, or a displacement right otherwise accrues to a yardman, he will exercise his displacement right in accordance with his seniority within twelve (12) hours following notification.

b. A yardman failing to exercise such displacement right within the required time will forfeit such displacement right and revert to the Extra Board.

c. Yardmen exercising seniority must give notice of their desire to displace yardmen junior to them before the earliest calling time for extra yardmen on the shift on which they desire to work.

3. This Paragraph G. is not intended to restrict any of the existing rights of the Carrier.

QUESTIONS AND ANSWERS

(Applicable to Paragraph G. - 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 G.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 G. 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 G.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 G.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 G.1.c.

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

Answer: No, Paragraph G.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 measure - 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: 03/02/05