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(Effective May 1, 1980) A. The following rules will not be applicable to engineers working on "Road Switcher" assignments:
B. Engineers on "Road Switchers" may be required to operate back and forth over the territory within the limits of their assignment, and into and out of the tie-up points, as well as the points established as the limits of their assignments, as many times as desired, even though the tie-up point and the points established as the limits of their assignments are the home terminal and/or the away-from-home terminal of crews on the seniority district in which they are working, without additional pay or penalty pay therefore, any rules in the agreement to the contrary notwithstanding. In other words, engineers on "Road Switchers" will be entitled to pay on a continuous time miles or hours basis in accordance with the provisions of Article 5(A) and will, of course, be allowed overtime in accordance with the provisions of the "Overtime" rule, Article 7. C. Nothing herein shall be interpreted as establishing "Road Switchers" as a different class of service within the meaning of Article 10. Other road crews in the same seniority district may perform any of the switching that is performed by "Road Switchers" at any time, but they will not be entitled to pay at the "Road Switcher" rate or to penalty pay of any type because of performing such work. This shall not be interpreted to mean that other road crews will not be entitled to pay at local freight rate, if earned, under the provisions of Article 15(I). D. None of the rules and/or working conditions of the Agreements in effect between Carriers and yard engineers are applicable to engineers engaged in "Road Switcher" service. E. 1. "Road Switchers" may be assigned either six or seven days per week.
F. A "Road Switcher" rate of pay will be established on the effective date of this Agreement. This rate will be 5.5% above the local freight base rate in effect on that date. (Cost of living adjustment will not be included in this computation). This rate will be allowed engineers assigned to runs previously designated as "Road Switchers" by Carrier and any runs so designated in the future. Road Switchers can now be assigned 5 days and will pay the 5 day yard rate. ROAD SWITCHERS (BLE 1986 Engineer's Agreement) Section 1 - Reduction in work week. (a) Carriers with road switcher (or similar operations), mine run or roust about agreements in effect prior to the date of this agreement that do not have the right to reduce six or seven day assignments to not less than five, or to establish new assignments to work five days per week, shall have that right. (b) The work days of five day assignments reduced or established pursuant to section 1(a) of this Article shall be consecutive. The five day yard rate shall apply to new assignments established pursuant to section 1(a) of this Article. Assignments reduced pursuant to section 1(a) shall be compensated in accordance with the provisions of section 1(c). (c) If the working days of an existing
assignment as described in Section 1(a) are reduced under this Article, an
allowance of 48 minutes at the existing straight time rate of that
assignment in addition to the rate of pay for that assignment will be
provided. Such allowance will continue for a period of three years from
the date such assignment was first reduced, However, such allowance will
not be made to employees who establish seniority in train or engine
service on or after November 1, 1985.
Upon expiration of the three year period described above, the five
day yard rate will apply to any assignment reduced to working less than
six or seven days a week pursuant to this Article. (d) The annulment or abolishment and
subsequent reestablishment of an assignment to which the allowance
provided for above applies shall not serve to make the allowance
inapplicable to the assignment upon its restoration. Section 2 - New
Road Switcher Agreements (a) Carriers
that do not have rules or agreements that allow them to establish road
switcher assignments throughout their system may serve a proposal for such
a rule upon the interested general chairman or chairmen.
If agreement is not reached on the proposal within 20 days, the
question shall be submitted to arbitration. (b) The arbitrator shall be selected by the parties or, if they fail to agree, the National Mediation Board will be requested to name an arbitrator. (c) The arbitrator shall render a decision within 30 days from the date he accepts appointment. The decision shall not deal with the right of the carrier to establish road switcher assignments (such right is recognized), but shall be restricted to enumerating the terms and conditions under which such assignments shall be compensated and operated. (d) In determining the terms and conditions under which road switcher assignments shall be compensated and operated, the arbitrator will be guided by and confined to what are the prevailing features of other road switcher agreements found on Class I railroads, except that the five day yard rate shall apply to any assignment established under this Section.
This page last updated: 03/06/2005 |