ARTICLE 18

FIVE-DAY YARD WORK WEEK

A. ESTABLISHMENT OF ASSIGNMENTS

1. The Carrier will establish for all yard service employees, subject to the exceptions contained herein, a work week of five basic days of eight hours each, except as hereinafter provided. The work week rule is subject to all other provisions of this Five-Day Article. Nothing in this Article shall be construed to create a guarantee of five days per week.

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

NOTE: After assignments as referred to above have been made, changes thereafter shall be made in accordance with schedule bulletin rules. If it is desired to change the "off days" of a regularly assigned employee or crew or a regularly assigned relief employee or crew, this may be done by bulletin announcing the change without re-advertising.

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.

a. In order that no question will arise as to the application of this Paragraph 2., the rule is clarified by setting out herein that the off days of a regularly assigned employee or a regular relief employee are the sixth and seventh days of his work week, except in cases where employees have non-consecutive "off days".

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

c. If the Carrier contends it is not practical 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 progress the dispute as a grievance or claim under the Agreement and in such proceedings the burden will be on the Carrier to prove that it was not practical to grant two consecutive days off.

3. a. When service is required by the Carrier on days off from 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 involving the use of emergency or unassigned employees.) Where regular relief assignments are established, they shall, except as otherwise provided in this Article, have five consecutive days of work, designated days of service, and definite starting times on each shift within the time 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.

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 Paragraph 3.a., such assignments may be established for five consecutive days with different starting times on different shifts on different days, within the time period specified in the "Starting Time" rules, and on different days may have different points for going on and off duty which shall be the same as those of the employee or employees they are relieving.

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, except as herein provided.

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 to the extent provided in a. and b. of this Paragraph 3.

e. Regular relief assignments for yard crews will be established for the crew as a unit. However, if an operational problem exists or arises which makes it impractical to relieve regular or regular relief crews as a unit, or if either of the parties desires, the designated days off need not be the same for individual members of a crew. Representatives of the Carrier and the employees will cooperate in designating the days off of individual members of a crew. This does not apply to employees on individual assignments, such as car retarder operators.

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

f. When, as provided in e., the off days of foremen and yard helpers are assigned on an individual basis, it will not be necessary to fill positions of foreman on the foreman's off days by use of an assigned relief foreman. If and when it is deemed desirable, relief assignments may be bulletined to work five days as yard helper, and the senior qualified member of the crew may be used as foreman on the foreman's assigned off days. This arrangement must not be confused with cases where a relief employee is assigned by bulletin on an individual basis to work as foreman on certain days and as yard helper on other days of his five-day relief assignment.

g. Except as otherwise provided for in this Article, regular relief assignments shall be established in conformity with rules in agreements or practice in effect governing starting times and bulletining of assignments, and when so established, may be changed thereafter only in accordance with schedule and bulletin rules.

B. ABOLISHMENT OF ASSIGNMENTS

It is understood and agreed that the following shall apply when runs are abolished:

1. Where full relief crew fills the run on the sixth and/or seventh day of the work week;

a. If the run is abolished on one of the "off days", i.e., sixth or seventh day of the "work week" of the regularly assigned crew, such abolishment automatically abolishes the assignment of the regular relief crew as well as the regularly assigned crew, and all yardmen may exercise their seniority rights in accordance with the rules.

b. If the run is abolished on a "work day" of the regularly assigned crew, the assignment of the relief crew is not affected and they will continue to work on their relief assignment until 12:01 a.m. of the day on which the relief crew is assigned to relieve the crew whose run is abolished. Except as provided below, members of the relief crew may exercise a displacement right as of 12:01 a.m. of the day on which such crew is assigned to relieve the crew whose run is being abolished.

c. If, prior to the date on which the regular relief crew is assigned to relieve the crew whose run is abolished, arrangements can be made to utilize such relief crew on the date on which the relief assignment would otherwise be abolished, this may be done without rebulletining. Notice will be given members of the relief crew of the substituted run to be filled by them on the date involved, and the relief assignment will continue, as amended, unless and until abolished or otherwise changed.

d. It is recognized that in some instances it will be necessary, in order to provide five days of work for a regular relief crew, as contemplated in (3) above, to change the rest days of the individual members of a certain crew. In such circumstances, it is agreed that rather than abolish the assignment of the men who have been relieved individually, a bulletin notice will be given members of such crew that they are to be relieved as a unit on a certain day or days.

2. Where members of the crew are relieved individually:

a. If a run is abolished on a day on which a relief employee (individual) is assigned to relieve one of the members of such crew, such abolishment of the assignment automatically abolishes the assignment of all members of the regularly assigned crew, as well as the regularly assigned relief employee (individual), and all yardmen affected may exercise their seniority rights in accordance with the rules.

b. If an assignment is abolished on a day on which a regular relief employee (individual) is not assigned to relieve a member of such crew, such individual relief employee is not affected and will continue to work on his regular relief assignment until 12:01 a.m. of a day on which he is assigned to relieve a member of the crew whose run is abolished. Except as provided below, a relief employee (individual) may exercise a displacement right as of 12:01 a.m. of the day on which he was assigned to relieve a member of the crew whose assignment is abolished.

c. If, prior to the date on which the regular relief employee (individual) is assigned to relieve a member of the crew whose assignment is abolished, arrangements can be made to utilize for regular relief purposes such relief employee on the date on which his assignment would otherwise be abolished, this may be done without rebulletining. Notice will be given a relief employee (individual) of the substituted assignment to be filled by him on the date involved, and his assignment will continue, as amended, unless and until abolished or otherwise changed.

NOTE: The provisions of b. above are also applicable in cases involving abolishment of individually assigned jobs such as car retarder operator, utility person, air bleeder, and other individual assignments.

C. ANNULMENT OF ASSIGNMENTS - Applicable to Southern

1. When a regular yard assignment is annulled for one day or more, each yardman filling such yard assignment will be given at least six (6) hours' notice prior to the starting time of the assignment.

2. a. When a yard assignment is annulled for other than a holiday, a yardman filling such assignment may exercise his seniority by temporarily displacing a junior employee (except a junior employee working first-in, first-out on the Extra Board)*, only for the day or days such assignment is annulled.

b. When a yard assignment is annulled for any of the holidays hereinafter enumerated, a yardman filling such assignment is barred from claiming another assignment for the holiday -- he must lose that day. (If he qualifies under the rules, he will be allowed holiday pay.)

New Year's Day

Washington's Birthday

Good Friday

Memorial Day

Fourth of July

Labor Day

Thanksgiving Day

Day after Thanksgiving Day

Christmas Eve (the day before Christmas Day is observed)

Christmas Day

New Year's Eve (the day before New Year's Day is observed)

When any of the above listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday.

3. A junior yardman temporarily displaced as permitted in b.(1) above may exercise his seniority by temporarily displacing a junior employee (except a junior employee working first-in, first-out on the Extra Board)* only for the day or days so displaced from his assignment.

NOTE: If unable to displace anyone, the senior employee displaced who desires may place himself first-out on the Extra Board, provided the first-out extra employee is junior to him.

4. A yardman whose assignment is annulled, or who is displaced as a result of an assignment being annulled may, when notified, mark up at the foot of the Extra Board for the day(s) and receive Extra Board Guarantee if he qualifies.

5. The temporary displacement right permitted in b.(1) and c. and the right to mark up on the Extra Board as permitted in d. is only for the day(s) a yard assignment is annulled, other than holidays. Therefore, in every case where a yardman exercises a temporary displacement right, or marks up on the Extra Board as herein permitted, such yardman must, at the end of the temporary displacement period, return to and thereafter perform service on the assignment he was filling at the time he exercised a temporary displacement right. The end of the temporary displacement period is understood to be the end of the tour of duty of the assignment to which such yardman exercises seniority under the above rules. In the case of an employee marking up on the Extra Board, the end of the temporary displacement period is understood to be 12:00 o'clock midnight of the day for which the assignment is annulled, unless, of course, he gets service, in which event the end of the temporary displacement period will be the end of the tour of duty on the assignment which he fills from the Extra Board.

6. If a yardman whose assignment is annulled or who is displaced as a result of an assignment being annulled, does not displace a junior employee or mark up on the Extra Board, he will be considered as remaining on the assignment he was filling on the date for which the annulment took place, and must, at the end of the temporary displacement period, return to and thereafter perform service on that assignment.

7. An employee may mark up on the Extra Board on the date for which the assignment is annulled. If such an employee marks up on the Extra Board, he will be placed at the foot of the Board (except as provided in the Note under Paragraph c. above) and remain thereon (unless, of course, he gets service) until 12:00 midnight of the day for which the assignment is annulled. Thereafter, he will return to the assignment he was filling on the date for which the assignment is annulled, as provided in e.

8. A yardman who, as a result of an assignment being annulled for other than a holiday, is unable to obtain work on one or more days of his assignment, may, if he desires, mark up on the Extra Board in addition to the employees then on the Board, so as to be available for work on the sixth (6th) and/or seventh (7th) day of this work week to provide him an opportunity to work five (5) straight-time shifts during the work week, provided:

a. That such yard service employees are used from the Extra Board in accordance with the rules; and

b. That such service for the first eight hours on which sixth (6th) and/or seventh (7th) days will be paid for at straight time rates, until such employee or employees have worked five (5) straight time shifts in that work week, any service in excess of eight hours on which days to be paid for under the overtime rules.

INTERPRETATION: It is agreed that the above Paragraph h. is interpreted to mean that if an employee is unable to work because of the annulment of his assignment for other than a holiday, or because of being temporarily displaced as a result of the annulment of an assignment for other than a holiday, he may, if he desires and gives notice to this effect in each case, mark up on the Extra Board at 12:01 a.m. on either of his "off days". If used from the Extra Board, such service for the first eight hours will be paid at straight time rates until such employee or employees have worked five (5) full straight time days in that work week. Any service in excess of eight hours on such days is to be paid for under overtime rules. If an employee chooses to go on the Extra Board under this rule, he will be placed at the foot of the Board and remain thereon (unless given service which completes five (5) straight time shifts in his work week) until 12:00 o'clock midnight of his second "off day" if he has consecutive "off days" and 12:00 o'clock midnight of his "off day" if he has non-consecutive "off days". If two or more employees are involved, they will be placed at the foot of the Board in their seniority order.

9. There will be no reduction in the number of employees on the yardmen's Extra Board as a result of employees exercising any rights under the provision of this rule.

10. Nothing in this Article will be interpreted as affecting the Carrier's rights to abolish assignments at any time.

EXAMPLE NO. 1

Yard Assignment No. 1, consisting of a foreman and one helper, is annulled for Thanksgiving Day, November 27. None of these employees has a displacement right as a result of the annulment and they must lose the day. (If they qualify under the rules, they will be allowed holiday pay.)

EXAMPLE NO. 2

Yard Assignment No. 2, consisting of a foreman and one helper, is annulled for Wednesday, November 26, and Thanksgiving Day, November 27. Both employees may exercise a temporary displacement right for one day, November 26. They must then return to Yard Assignment No. 2 and lose Thanksgiving Day, November 27. (If they qualify under the rules, they will be allowed holiday pay.)

EXAMPLE NO. 3

Helper "X" on Yard Assignment No. 3 is temporarily displaced for Wednesday, November 26, by a yardman on Yard Assignment No. 2, whose assignment was annulled. Helper "X", in turn, may exercise a temporary displacement right for one day, Wednesday, November 26, but must then return to Yard Assignment No. 3 on Thanksgiving Day, November 27. The employee temporarily displaced by Helper "X" for the 26th would have a temporary displacement right for that day only and must return, on the 27th, to the assignment he was filling when displaced.

EXAMPLE NO. 4

Helper "Y" on Yard Assignment No. 4 is temporarily displaced for Wednesday, November 26, by a yardman on Yard Assignment No. 3. Yard Helper "Y" is unable to exercise his seniority by temporarily displacing a junior employee on November 26. Because of this, he elects to mark up at the foot of the Extra board. Regardless of whether he gets service from the Extra board, Yard Helper "Y" must, on November 27, return to Yard Assignment No. 4.

D. ANNULMENT OF ASSIGNMENTS - Applicable to CNO&TP, AGS and NOT

1. When a regular yard assignment is annulled for one day or more, each yardman filling such yard assignment will be given at least six (6) hours' notice prior to the starting time of the assignment, except in case of emergency such as Act of God, or when the line is obstructed by wreck or washout or other similar emergency.

NOTE: The words "yardmen affected" as used in Paragraph 1. means the employees who are actually filling the positions on the crew annulled, and of course, these are the only employees who are to be notified of the annulment of the assignment.

2. In the event an assignment is annulled on other than a holiday for one day or more and a member or members of such crew desires to exercise a displacement right, they may, at the time of notification that their assignment is to be annulled, advise the officer in charge that they desire to exercise a temporary or permanent displacement right, in accordance with their seniority, to the assignment of their choice. A temporary displacement is only for the day or days their assignment is to be annulled.

Yardmen displaced under the provisions of the temporary displacement rights of this Paragraph 2. may, in turn, exercise a temporary displacement right in accordance with their seniority for the day or days they are temporarily displaced provided they do so at the time of notification of the temporary displacement. Yardmen displaced under the provisions of the permanent displacement right of this Paragraph 2. will, in turn, exercise a permanent displacement, at the time of notification of their displacement, in accordance with their seniority.

In all instances where yardmen express a desire to exercise a temporary displacement right under the provisions of this Paragraph 2., they will be required to name the assignment of their choice at the time of notification that their assignment has been annulled or that they have been displaced, as the case may be, and failing to do so at the time, such employees shall be precluded from attempting to exercise a temporary displacement right under the provisions of this Paragraph 2.

In all cases, yardmen exercising a temporary displacement right under the provisions of this Paragraph 2. will report to the assignment of their choice and return to the assignment they were holding at the time they made their choice without further notification from the officer in charge.

NOTE: The words "members of such crew" as used in Paragraph 2. means those employees who are regularly assigned to positions on the crew which is annulled and who are actually filling their regular assignments at the time. It therefore follows that an employee who is regularly assigned to a position on a crew which is annulled under this rule is not given a displacement right unless he is actually filling his regular assignment at the time, and a yardman filling a temporary vacancy on a crew whose assignment is annulled is not given a displacement right because of such annulment.

However, an employee filling a temporary vacancy on an assignment which is annulled under this rule may, if he desires because of such annulment, return to his regular assignment on the day or days the assignment held as a temporary vacancy is annulled. Regardless, however, of whether an employee returns to his regular assignment or chooses to lose such day or days, he must continue to protect such temporary vacancy unless displaced therefrom or he has claimed another vacancy to which he is entitled under other rules of the Agreement.

3. a. In the event a run or assignment is annulled for one day or more, the yard service employee or employees holding the  run or assignment may exercise their seniority in accordance with the rules.

INTERPRETATION: It is agreed that the above paragraph a. is interpreted to mean that an employee may exercise seniority as provided in the "Annulment of Assignments" rule in the respective Agreements.

b. Any yard service employee or employees who do not place themselves on a regular run or assignment on the day or days their run or assignment is annulled will revert to the Extra Board and be placed thereon in addition to the employees then on the Extra Board, and remain thereon during the calendar day or days their run or assignment is annulled, returning thereafter to their regular run or assignment, except as hereinafter provided.

INTERPRETATION: It is agreed that the above paragraph b. is interpreted as follows:

(1) If two or more employees are involved, they will be placed at the foot of the Board in their seniority order.

(2) Employees who, under this rule, revert to the Extra Board shall go to and from the Extra Board as shown below:

(a) If notice of annulment is given on the previous day, at 12:01 am of the date for which the run or assignment is annulled.

(b) If notice is not given until after 12:01 am on the day on which the run or assignment normally goes to work, such employees will go to the Extra Board as of the time notice is given of the annulment of the run or assignment.

(c) In cases where a regularly assigned employee and an Extra Board employee get off duty at the same time and both are to be marked up on the Extra Board, the Extra Board employee will be marked up ahead of the regularly assigned employee who is exercising the right to mark up on the Extra Board on the day or days the run or assignment is annulled. As example: Regularly assigned switchmen 11:00 pm to 7:00 am is notified during the employee's shift that the assignment is to be annulled and there is an Extra Board employee working with that employee. Upon completion of the shift (7:00 am), the Extra Board employee will be placed on the Board ahead of the regularly assigned employee. This same rule will apply to all Extra Board employees going off duty at the same time, i.e. 7:00 am.

(d) Employees reverting to the Extra Board under this rule will remain thereon (unless, of course, they get service) until 12:00 midnight of the day on which their run or assignment is annulled.

(e) In the event a run or assignment is annulled for one day or more and any or all of the displaced yard service employees are deprived of working one or more of the five days of the run or assignment, such yard service employee or employees, if they so desire, shall be placed on the Extra Board in addition to the employees then on the Board so as to be available for work on the sixth and/or seventh days 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 are used from the Extra Board in accordance with the rules, and (2) that such service for the first eight hours on such sixth and/or seventh day will be paid for at straight time rates, until such employee or employees have worked five straight time shifts in that work week, with any service in excess of eight hours on such days to be paid for under the overtime rules.

INTERPRETATION: It is agreed that the above paragraph (e) is interpreted to mean that if an employee referred to in paragraph (b) above, who has reverted to the Extra Board, fails to obtain work on the day or days on which the run or assignment was annulled, the employee has the privilege, if so desired, and gives notice to this effect in each case, of going on the Extra Board at 12:01 am on either of the employee's "off days." If used from the Extra Board, such service for the first eight hours will be paid for at straight time rates until such employee or employees have worked five straight time days in that work week. Any service in excess of eight hours on such days to be paid for under overtime rules. If an employee chooses to go on the Extra Board under this rule, the employee will be placed at the foot of the Board and remain thereon (unless given service which completes five straight time shifts in the work week) until 12:00 midnight of the second "off day" if the employee has consecutive "off days," and 12:00 midnight of the employee's "off day," if the employee has non-consecutive "off days." If two or more employees are involved, they will be placed at the foot of the Board in their seniority order.

(Calendar day as referred to above means 12:01 am to 12:00 midnight.)

INTERPRETATION: Not Applicable At Cincinnati

The displacement right will not accrue when an assignment is annulled on a holiday; an employee holding an assignment that is annulled on a holiday acquires no displacement right thereby.

E. ANNULMENT OF ASSIGNMENTS - Applicable to NO&NE

1. When a regular yard assignment is to be annulled for one day or longer, the officer in charge will, as soon as it is known that an assignment is to be annulled, promptly notify the yardmen affected.

NOTE: The words "yardmen affected" as used in Paragraph E.1. above mean the employees who are actually filling the positions on the crew annulled, and of course these are the only employees who are to be notified of the annulment of the assignment.

2. In the event a run or assignment is annulled for one day or more, the yard service employee or employees holding the run or assignment may exercise their seniority in accordance with the rules.

NOTE 1: It is agreed that the above Paragraph E.2. is interpreted to mean that an employee may exercise seniority within six hours of the time notified of the annulment of his assignment. (When a yardman exercises seniority under this rule, it is a permanent displacement -- not for the day or days on which the assignment is annulled.)

NOTE 2: The words "employees or employees holding the run" as used in Paragraph E.2. mean those employees who are regularly assigned to positions on the crew which is annulled and who are actually filling their regular assignments at the time. It therefore follows that an employee who is regularly assigned to a position on a crew which is annulled under this rule is not given a displacement right unless he is actually filling his regular assignment at the time, and a yardman filling a temporary vacancy on a crew whose assignment is annulled is not given a displacement right because of such annulment.

3. Any yard service employee or employees who do not place themselves on a regular run or assignment on the day or days their run or assignment is annulled, will revert to the Extra Board and be placed thereon, in addition to the employees then on the Extra Board, and remain thereon during the calendar day or days their run or assignment is annulled, returning thereafter to their regular run or assignment, except as hereinafter provided.

NOTE: It is agreed that the above Paragraph E.3. is interpreted as follows:

(a) If two or more employees are involved, they will be placed at the foot of the Board in their seniority order.

(b) Employees who, under this rule, revert to the Extra Board shall go to and from the Extra Board as shown below:

(1) If notice of annulment is given on the previous day, at 12:01 a.m., of the date for which the run or assignment is annulled.

(2) If notice is not given until after 12:01 a.m. on the day on which the run or assignment normally goes to work, such employee or employees will go to the Extra Board as of the time notice is given of the annulment of the run or assignment.

(3) In cases where a regularly assigned employee and an Extra Board employee get off duty at the same time and both are to be marked up on the Extra Board, the Extra Board employee will be marked up ahead of the regularly assigned employee who is exercising his right to mark up on the Extra Board on the day or days his run or assignment is annulled. For example: Regularly assigned switchman 11:00 p.m. to 7:00 a.m. is notified during his shift that his assignment is to be annulled and there is an Extra Board employee working with him. Upon completion of the shift (7:00 a.m.) the Extra Board employee will be placed on the Board ahead of the regularly assigned employee. This same rule will apply to all Extra Board employees going off duty at the same time, i.e., 7:00 a.m.

(4) Employees reverting to the Extra board under this rule will remain thereon (unless, of course, they get service) until 12:00 midnight of the day on which their run or assignment is annulled.

4. In the event a run or assignment is annulled for one day or more and any or all of the displaced yard service employees are deprived of working one or more of the five days of the run or assignment, such yard service employee or employees, if they so desire, shall be placed on the Extra Board in addition to the employees then on the Board so as to be available for work on the sixth and/or seventh days 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 are used from the Extra Board in accordance with the rules; and (2) 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.

NOTE 1: It is agreed that the above Paragraph E.4. is interpreted to mean that if an employee, referred to in Paragraph E.3. above, who has reverted to the Extra Board, fails to obtain work on the day or days on which his run or assignment was annulled, he has the privilege, if he desires, and gives the notice to this effect in each case, of going on the Extra Board at 12:01 a.m. on either of his "off days". If used from the Extra Board, such service for the first eight hours will be paid for at straight time rates until such employee or employees have worked five straight time days in that work week. Any service in excess of eight hours on such days to be paid for under overtime rules. If an employee chooses to go on the Extra Board under this rule, he will be placed at the foot of the Board and remain thereon (unless given service which completes five straight time shifts in his work week) until 12:00 midnight of his second "off day" if he has consecutive "off days", and 12:00 midnight of his "off day" if he has non-consecutive "off days". If two or more employees are involved, they will be placed at the foot of the Board in their seniority order.

(Calendar days as referred to above means 12:01 a.m. to 12:00 midnight.)

NOTE  2: It is understood and agreed that a regularly assigned employee who reverts to the Extra Board in accordance with the provisions of Paragraph E.3. above, or a regularly assigned employee who voluntarily places himself on the Extra Board on his off days, as permitted by Paragraph E.4. above, shall not be considered eligible for and will not be used on a job on the day or days his run or assignment is annulled, or on his off day or days, as the case may be, if the starting time of such job is on the shift immediately preceding the shift on which such employee is regularly assigned to work. For example; An employee regularly assigned on the first shift, Monday through Friday, will not be eligible for and will not be used on a job starting to work on the third shift Sunday.

F. EXERCISE OF SENIORITY

1. a. Except as provided in Paragraph 1.b. below, an employee on a regular or regular relief assignment in yard service, who, under the rules, voluntarily takes another regular or regular relief assignment in yard service, will be permitted to go on the assignment and will take the conditions of that assignment, but will not be permitted to work more than five (5) straight time eight hour shifts, as referred to in Paragraph c. below, in the work week of the assignment 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 or unassigned employee available who could be used to perform the work on those days, he will be used to work those days at the straight time rate.

NOTE: It is agreed that the intent and purpose of Paragraph 1.a. above is to prevent regularly assigned employees from working more than five days per week by voluntarily displacing other employees or claiming temporary vacancies.

b. An employee on a regular or regular relief assignment in yard service who takes another regular or regular relief assignment in yard service because:

(1) he is displaced by another employee in the exercise of seniority; or

(2) he exercises seniority to a permanent vacancy under bulletin (an employee assigned to a job at the expiration of the bulletin period may work regularly assigned work days at pro rata rate without regard to number of days he worked his old assignment; employees filling jobs during bulletin period on oral request, pending assignment, are governed by Paragraph F.1.a. above); or

(3) his assignment is abolished; or

(4) a displacement right accrues to him under agreement rules because his assignment is annulled for one day or more; or

(5) a displacement right accrues to him under agreement rules account a "change in conditions"; or

(6) he is forced to the assignment by schedule rules; will work the regularly assigned work days of his new assignment at pro rata rate without regard to the number of days he may have worked on his old assignment, and any other provision of this Article to be contrary notwithstanding.

NOTE: It is understood that the provisions of items 1.a. and b. above do not apply to employees moving to or from a yard Extra Board.

2. An employee on a yard Extra Board who takes a regular or regular relief assignment in yard service will be permitted to go on 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 hour shifts, as referred to in Paragraph c. below, in the work week starting with the Monday in which the change is made.

3. Except as provided in Paragraphs F.1.b. and F.2., employees, regular or extra, will not be permitted to work more than five (5) straight time eight hour shifts in yard service (excluding the exceptions from the computations provided for in Article 15, Paragraphs B.3.a. and b.) in a work week, unless the Extra Board has been exhausted, where an Extra Board is maintained, or unless there are no furloughed employees available, where no Extra Board is maintained, and the exigencies of the service require the use of additional employees, in which event the situation will be handled as follows, except as amended by the December 1991, Crew Consist Agreement:

a. Vacancies on Positions of Yard Foreman

Such vacancies will be filled in accordance with the provisions of Article 17.D. In applying this rule it is agreed that the language "standing for service on the shift" is interpreted to mean an employee who is regularly assigned to work that day on such shift.

b. Vacancies as Car Retarder Operator

Such vacancies will be filled in accordance with the provisions of the Car Retarder Operator Agreement.

c. Vacancies on Yardman's Position other than Foreman or Car Retarder Operator

The senior qualified yardman whose off day is that day and who has made written application for such extra work and whose regular assignment is on the shift on which the vacancy exists, will be used.

If no employees who have filed written application for such extra work are available, past practices heretofore in effect will be followed.

G. EXTRA ENGINES

The senior qualified yardmen whose off day is that day, and who have made written application for such extra work, and whose regular assignment is on the shift on which the extra engine is to be used, will be used.

If no employees who have filed written application for such extra work are available, past practices heretofore in effect will be followed.

NOTE 1a - Applicable to Southern: The language "Extra Board is exhausted" means when all employees on the Extra Board have made five straight time days.

NOTE 1b - Applicable to CNO&TP, AGS, NOT: The language "Extra Board is exhausted" means when there are no Extra Board employees available who can work at least eight hours without violating the Hours of Service Law.

NOTE 2: Employees desiring extra work under the provisions of this Paragraph shall file written request therefore. Such request may not be withdrawn for a period of thirty 30 days. Notice of withdrawal must be in writing. In the event a yardman serves written notice canceling request for such extra work, he cannot reinstate request for such extra work within less than thirty (30) days.

NOTE 3: Regularly assigned relief employees who file written request for such extra work may be used for such service on any shift or shifts included in their regular relief assignment. "Shift" means the hours referred to in the Starting Time rule; i.e., First Shift, 6:30 to 8:00, Second Shift, 2:30 to 4:00; and Third Shift, 10:30 to 12:00 midnight.

NOTE 4: If a vacancy occurs or a need for a yardman occurs after calling time, effort will be made to contact the senior employee entitled to work under the above; if he is not available, any employee who has filed written application for such extra work may be used, or the past practices in effect may be followed.

NOTE 5: A day in yard service that is paid for at time and one-half rate solely because of working on a holiday is not an overtime day for purposes of the individual's work week.

NOTE 6 - Applicable to CNO&TP, AGS, NOT: An employee who has filed written request for such extra work on his off days must be available at calling time for the shift on which he is needed. If he is not available, then the next senior available employee having filed written request for such work will be used, and so on. In no employees who have filed written application for such extra work are available, past practices heretofore in effect will be followed.

NOTE 7 - Applicable to NO&NE only: It is understood and agreed that a regularly assigned employee who has made written application for extra work on his off day or days, under the provisions of this Paragraph G., shall not be considered eligible for and will not be used on a job on his off day or days if the starting time of such job is on the shift immediately preceding the shift on which such employee is regularly assigned to work. For example: An employee regularly assigned on the first shift, Monday through Friday, will not be eligible for and will not be used on a job starting to work on the third shift Sunday.

This page last updated: March 02, 2005