1.
When, from any cause, it becomes necessary to reduce the number of
engineers on the engineers' working lists on any seniority district, those
taken off may, if they so elect, displace any fireman their junior on that
seniority district under the following conditions.
2.
When reductions are made, they shall be in reverse order of seniority,
except as provided in paragraph 8, Article 26(E), when in effect.
No reductions will be made so long as those in extra passenger
service are averaging the equivalent of 4,000 miles per month; in pooled,
chain gang or any other unassigned service paying freight rates are
averaging the equivalent of 3,200 miles per month; on the road extra list
are averaging the equivalent of 2,600 miles per month; on the yard extra
list are averaging the equivalent of 26 days per month.
See
Article (36) on the yard extra list at locations where five-day-work week
is in effect.
3.
When engineers or firemen are laid off on account of reduction in service,
they will retain all seniority rights; provided, they return to actual
service within 30 days from the date their services are required.
NOTE:
It is understood that such employees who fail to return to actual service
within 30 days from the date of receipt of written notification that their
services are required forfeit their seniority unless mutually agreed to by
proper officer of the company and representative of the organization.
4.
Engineers or firemen off under this rule shall be returned to service as
engineers or firemen in the order of their seniority and in their
respective class of service, as soon as it can be shown that men in extra
passenger service average the equivalent of 4,800 miles per month; in
pooled, chain gang or any other unassigned service paying freight rates
average the equivalent of 3,800 miles per month in road extra service
average the equivalent 3,100 miles per month; in yard extra service
average the equivalent of 31 days per month.
NOTE:
It is agreed that extra road men in freight service shall be required to
stop off so that earnings or equivalent thereof will not exceed 3,800
miles per month. Yard extra
men shall similarly be required to stop off so that earnings or equivalent
thereof will not exceed 35 days per month.
NOTE:
See Article 36 on the yard extra list at locations where five-day-work
week is in effect.
5.
In returning engineers and firemen to service under paragraph 4 and the
note there under, sufficient number of men will be added to the working
list to keep the mileage between the maximum stipulated in paragraph 4 or
the note there under, and the minimum stipulated in paragraph 2. If an
additional assignment would reduce the mileage below the minimum
stipulated In paragraph 2 for the same class of service, regulation will
be made by requiring each man in the class of service affected to lay off
when he has earned the equivalent of the maximum mileage stipulated in
paragraph 4, or the note there under.
NOTE:
Under the provisions of this paragraph 5 it is understood that if at a
checking period it is found that the mileage in a pool averages the
equivalent of 3,800 miles per month and a man could not De added to the
pool without reducing the average mileage below, 3,200 miles per month,
regulation will be effected in the following checking period by taking the
individual man off when he has made the equivalent of 3,800 miles per
month.
6.
After all the engineers or firemen have been returned to service, the
following regulations will apply with respect to further additions to the
working lists.
In
the regulations of extra passenger service, sufficient number of men will
be assigned to keep the mileage or equivalent thereof within the
limitations of 4,000 and 4,800 miles per month; in pooled, chain gang or
any other unassigned service paying freight rates, 3,200 and 3,800 miles
per month; in road service, 3,100 and 3,600 miles per month; in yard extra
service, 31 and 35 days per month.
See
Article 36 on the yard extra list at locations where five-day-work week is
in effect.
7.
When the mileage of men in either of the class of service specified in
paragraph 6 averages in excess of the maximum stipulated therein, and an
additional assignment would reduce the mileage below 4,000 miles per month
in extra passenger service; 3,200 miles per month in pooled, chain gang or
any other unassigned service paying freight rates; 3,100 miles per month
in road extra service; or 31 days per month in yard extra service,
regulation will be made by requiring each man in the class of service
affected to lay off when he has earned the equivalent of the maximum
mileage stipulated in paragraph 6.
See
Article 36 on the yard extra list at locations where five-day-work week is
in effect.
NOTE:
Under the provisions of paragraph 6, it is understood that if at a
checking period, it is found that the mileage in extra passenger service
averages in excess of the equivalent of 4,800 miles per month; in pooled,
chain gang or any other unassigned service paying freight rates averages
in excess of the equivalent of 3,800 miles per month; in road extra
service averages in excess of the equivalent of 3,800 miles per month; in
yard extra service averages in excess of the equivalent of 35 days per
month, and if regulations cannot be made by assigning men without reducing
the average below the minimum as set forth in paragraph 6, then
regulations will be effected in the following checking period by taking
the individual man or men off, so that earnings will not exceed the
maximum for each class of service as set forth in paragraph 6.
8.
In the regulation of assigned passenger service, a sufficient number of
men will be assigned to keep the mileage or equivalent thereof within the
limitations of 4,000 and 4,800 miles per month; in assigned service paying
freight rates, a sufficient number of men will be assigned to keep the
mileage or equivalent thereof within the limitations of 3,200 and 3,800
miles per month. To keep
within the mileage limitations set forth in this section, additional crews
may be added or swing men used to relieve the regular men on specified
days. If regulation cannot be
made as provided herein, men will be required to lay off so that the
equivalent of 4,800 miles in passenger, or 3,800 miles in the other
assigned service, will not be exceeded.
NOTE:
The words "per month" shall be deemed to be a thirty day period
and not a calendar month for men in assigned service.
9.
In assigned yard service, regulation will be made by requiring each
regularly assigned man to lay off when he has earned the equivalent of 35
days per month.
10.
Maximum stipulated for freight service (3,800 miles), thereof, shall apply
to engineers and firemen performing a combination of service, such as (1)
engineer or fireman, (2) engineer or fireman in road and yard service, (3)
engineer and fireman in passenger and freight service, (4) engineer or
fireman and hostler, or (5) fireman or outside hostler helper.
11.
In regulating the working lists in the respective classes of service, each
list will be handled separately, neither a minimum nor maximum being
guaranteed.
12.
In checking and regulating the mileage of engineers in extra passenger,
pooled, chain gang or other unassigned service paying freight rates, or
extra road or yard service, adjustments under paragraphs 2 and 4 shall be
made on basis of two checking periods in each calendar month. The first such checking period shall begin at 12:01 a.m. on
the first day and end at 12 midnight an the fifteenth day of each calendar
month. The second such
checking period shall begin at 12:01 a.m. on the sixteenth day and end at
midnight on the last day of each calendar month.
The
total mileage in each class of service for each checking period shall be
multiplied by two and divided by the
number of engineers in that particular class of service. The result of
this calculation
will produce the average mileage made by each engineer in the particular
class of service for the purpose of determining whether adjustments
are necessary under the provisions of this Article 25(E).
If the record indicates adjustments in the number of engineers
required, they shall accordingly be made.
When
there are more than fifteen days in the second checking period of a
calendar month, the number of engineers in extra passenger, pooled, chain
gang or other unassigned service paying freight rates, or on the extra
lists, road or yard, shall be regulated under these rules on the basis of
the average miles per day made by engineers in respective classes of
service during that checking period multiplied by fifteen.
For example, in a sixteen day checking period I the total mileage
made in a particular class of service shall be divided by sixteen, Which
will produce the average miles per day made by all engineers in that
particular class of service. This
figure shall be multiplied by fifteen and the result multiplied by two,
which will produce the mileage to be used as a oasis for making such
adjustments as may be necessary in the number of engineers in that
particular class of service.
The
principles of the above example shall apply when there are either thirteen
or fourteen days in a checking period.
In
the regulation of mileage of engineers in a pooled, chain gang or other
unassigned service paying freight rates, the following shall govern:
In
the event the average mileage or the equivalent in a checking period is
less than 3,200 miles or more than 3,800 miles, indicating an adjustment
is necessary under the provisions of this Article 25(E), the total mileage
made in each of the respective classes of service shall be multiplied by 2
and divided by 3,500. The
result so obtained shall constitute the number of engineers to be
assigned. Fractions of more than five-tenths (.05) will be equivalent
of another engineer. Fractions
of five-tenths ( .05) or less shall be disregarded.
In
the regulation of mileage of engineers in road extra service, the
following shall govern:
In
event the average mileage or the equivalent in a checking period is less
than 3,000 miles, indicating an adjustment
is
necessary under the provisions of this Article 25(E), the total mileage made in road
extra service shall be multiplied by 2 and divided by 3,300. When
the excess of 3,800, the total mileage shall be multiplied by 2 and
divided by 3,500. The result of each of these calculations shall
constitute the number of engineers to be assigned to the particular extra
list. Fractions of more than five-tenths (.05) will be the equivalent of
another engineer. Fractions of five-tenths (.05) or less shall be
disregarded.
Engineers
and firemen shall, upon completion of each trip and after going off duty,
register mileage or equivalent thereof for such trip, class of service in
which made and total mileage in each class made to date in the calendar
month in a register provided for that purpose.
It shall be the responsibility of the respective Local Chairman of
the Engineers and Firemen to see that the provisions of this paragraph are
complied with.
Arrangements
to enable proper checking of the mileage of engineers by their Committee
will be made between the railroad officials and the Committee.
All mileage records will be made available to either and/or both
the Engineers' and Firemen's Committees.
When the mileage has been checked and number of crews assigned in
accordance with mileage limitations, there will be no further computations
or adjustments made during the same period, except as provided in
paragraph (F).
13. There should be
a uniform application of these mileage limitations for both engineers and
firemen in the same class of service.
NOTE:
The days or mileage made by men used to fill vacancies of extra
board men on vacation will be used in computing the time made by extra
board men to determine the number of men to be used on the board the
following period.
2.
(a) When a regularly assigned engineer is off on vacation, an engineer
shall be placed on the extra board during the absence of the regularly
assigned man on vacation. Upon
return from vacation of the regularly assigned man, the man placed on the
extra board during his absence will be taken off the board.
(b)
At locations where engineers are working under the provisions of Article
26(E)(8), and there are no engineers actually assigned to a extra board at
the location, and a regularly assigned engineer is off on vacation, the
senior demoted engineer at the location
shall be placed on the assignment during the absence of the regularly
assigned man on vacation. If, however, another engineer at that location claims the vacation
vacancy as provided by Article 26(C), then the senior demoted engineer
shall be placed on the extra board as provided for by this Article
25(F)(2)(a). Upon return from
vacation of the regularly assigned man, the man placed on the assignment
or extra board during his absence will be taken off.
NOTE:
The days or mileage made by those men added account regularly assigned
(other than those assigned to the extra board) men being off on vacation
shall not be counted or used to determine the numbers of men to be used on
the extra board during the following period.
EXAMPLE:
On April 1, the prior check called for seven men on he freight extra
board. Three regularly
assigned men (other than to the extra board) are scheduled to take, and
actually commence, a three weeks' vacation on April 1. Under the
agreement, three men are added to the extra board an April 1, giving a
total of ten men on the board.
The
ten men on the extra board make a total of 15,000 miles during the period April 1-15, inclusive.
This is an average of 1,500 miles
for each man. To comply with
Item (2) above referred to, the total average of 4,500 miles (1,500 x 3)
made by the three men placed on the board account three men being on
vacation, is deducted from the 15,000 miles. This leaves a total of 10,500 miles. You then arrive at an average made by the seven regular extra
board men by multiplying 10,500 by 2 and dividing the result by 7. This
gives an average of 3,000 miles for each of the seven regular extra board
men, and indicates that, under the rules, no adjustment shall be made for
the second period of April.
Effective
April 16, you still have seven men on the extra board, no adjustment being
necessary under the rules. The
three regular men above referred to are still on vacation, so you still
retain the three additional men on the extra board for the period 16-21,
inclusive. No regular men,
other than extra board men, are scheduled to take a vacation commencing April
22. During the six-day period
April 16-21, inclusive, the ten men on the board made a total of 5,600
miles, or an average of 560 miles per man.
You then deduct the total average for the three additional men,
i.e. 1,680 miles, from 5,600. This gives a figure of 3,920 miles.
During
the remainder of the month of April, i.e. April 22-30, inclusive, the
seven regular extra board men make a total of 6,400 miles. This 6,400 miles, added to the 3,920 miles, gives a total of
10,320 miles, and this figure will be used for computing the number of men
to be put on the regular extra board during the succeeding period.
It
was further understood and agreed that the Local Chairman will assume the
responsibility of determining the number of men to be placed an the extra
board in accordance with the above referred to agreement and example, to
the end that the board will be properly adjusted.