Article 26

Article 26
Seniority and Filling Vacancies

A separate list of engineers on each seniority district will be compiled and corrected as of January 1st and July 1st in the order of their seniority and the corrected roster will be posted at all bulletin points. A copy of corrected rosters will be furnished the General Chairman and each Local Chairman. A statute of limitation of sixty (60) days from the date of posting is hereby fixed to take up an appeal on incorrect date of seniority.

B. FILLING PERMANENT VACANCIES

1. The rights of engineers in road service to runs on their seniority districts shall be determined by the Superintendent, who shall be governed by the applicant's record, qualifications and seniority.

2. (Applicable to Southern Only)

Engineers who acquire seniority by the combining of road and yard seniority rosters will not be required to qualify on the entire seniority district unless they express a desire to place themselves on the extra board. They will be required to be qualified for the run or assignment on which they wish to exercise their seniority. Engineers obtaining seniority by promotion will be required to qualify on the entire seniority district before they are certified as an engineer.

3. Engineers should keep themselves qualified over all parts of their seniority district on their own time and at their expense when their services are not required on their respective assignments.

4. When a vacancy occurs or conditions change on existing runs (such changes or conditions creating a preference in runs), or new runs are established, the oldest man affected will have the right to fill such vacancy or run, subject to Section (B), Paragraph (1).

PERMANENT VACANCIES

5. Should an engineer decline a run to which he may be entitled or fail to bid in a run to which he may be entitled he does not lose any seniority rights except so far as the particular run in question is concerned, and is not barred from this particular run in the future in case of vacancies or changes in conditions.

6. All permanent vacant runs or new runs will be bulletined for a period of six days as soon as made vacant or established. An engineer deprived of his regular run for any cause shall take a run within 24 hours, if entitled to one, or be placed on the extra list until another run of his choice is open.

EXAMPLES:

(a) When it is known in advance that a new run will be established it should be bulletined for a period of six days prior to the date the assignment is established. When it is not known in advance the date a new run will be established such runs will, when established, be bulletined for a period of six days and filled from the extra board.

(b) All permanent vacant runs will be bulletined for a period of six days and filled from the extra board during the bulletin period (except as outlined in (a).

(c) Should an engineer be deprived of his regular assignment due to displacement, abolishment or bulletin change, he shall make a displacement within 24 hours on an assignment of his choice. Failing to make a displacement within 24 hours as required, he shall be placed on the extra board.

(d) If an engineer fails to bid during the bulletin period on an assignment for which he had access to the bulletin, he shall not have a displacement right over the successful bidder, unless he is affected after the close of the bulletin. He may make displacements to other assignments to which he is entitled but failing to place himself within 24 hours he shall be placed on the extra board.

7.(a) An engineer assigned to a run that he has bid in will be placed on the run as soon as available after the close of the bulletin period.

(b) An engineer assigned to a regular assignment may make written application (sending copy to Local Chairman) to be placed on the extra board when a vacancy exists. The written application must be in the callers [possession twenty-four hours prior to the date the extra board vacancy becomes open or it will not be considered.

When a vacancy is created at an outlying point by an engineer going to the extra board as outlined above, who was forced to the outlying point, the vacancy shall be filled by placing the senior demoted engineer on the outlying point assignment without bulletin. If a vacancy was created at an outlying point by an engineer going to the extra board as outlined above who had bid for the outlying point, the vacancy shall be bulletined in accordance with this Article 26(B)(6).

8. Engineers absent during the bulletin period will be allowed six days after returning to duty to make a displacement thereon.

9. When runs are changed to the extent of two (2) hours or more on leaving or arriving time at home terminal, or lengthened or shortened to the extent of ten (10) miles in one direction, this will constitute a change of conditions.

(a) If the aggregate change in the starting time of a run is two (2) hours or more in a twelve months' period during which such run is assigned to the same engineer, this will constitute a "change of conditions" within the meaning of that term as used in this rule.

(b) When there is a change of conditions, within the meaning of the above rules on a run or assignment, bulletin shall be posted in accordance with bulletin rule of the applicable agreement, for the period specified in such rules (six days), announcing such change and at the expiration of such bulletin period, assignment to such run or vacancy will be made in accordance with agreement rules.

The engineer regularly assigned to such run or assignment, so bulletined, shall have the right to remain on it during the bulletin period, if he so desires. To the end that every change of conditions, covered herein, may be bulletined as herein provided for, local chairmen will cooperate with the officer responsible for posting for such bulletins in carrying out the provisions of this understanding by giving him notice of such changes to be so bulletined.

After a run or assignment has been bulletined and filled as herein provided, engineers are barred thereafter from exercising a displacement right thereon because of such change of conditions or change in conditions so bulletined.

10. When an engineer leaves a run by bidding in another run of his choice, he will not be allowed to bid back on the vacancy he created until it is again rebulletined.

11. The elimination or addition of a fireman's position on regularly assigned yard and road freight crews (including pool and chain gang service) may create an individual preference of assignments. The engineer so affected may exercise his seniority provided he does so within twenty-four (24) hours from the time his assignment is first affected. This exercise of seniority must be made at least nine (9) hours prior to the leaving time of the assignment pulled. This preference does not constitute a change in working conditions.

The engineer displaced by the engineer exercising his preference under this rule may, during the bulletin period, take the assignment made vacant. If the displaced engineer is not the successful bidder thereto, he must vacate the assignment at the close of the bulletined place himself within 24 hours as provided by this Article.

Carrier shall not be liable for any claims for pay or otherwise in any manner growing out of or in connection with the application of this Article 26(B)(11).

C. FILLING TEMPORARY VACANCIES

1. (a) In case of temporary vacancy on passenger runs where no extra passenger assignment is made, the oldest available freight engineer in line of promotion will be given the run if he so desires. If the oldest engineer in line of promotion is not available when the vacancy occurs, he may take the run at any time thereafter if he so desires. In case he declines to fill the vacancy, the next oldest engineer and so on down the list may have the same privilege.

(b) In case a temporary vacancy occurs on the extra passenger board (where they are maintained) of more than six (6) calendar days, it will be filled by the oldest engineer in line of promotion desiring same. When known in advance (vacation) that such vacancy will be open for a period of more than six (6) calendar days, the oldest engineer in line of promotion may take same.

(c) In case a temporary vacancy occurs in freight or yard service for a period of more than six (6) calendar days, such vacancy will be filled by the oldest engineer in line of promotion if he so desires; if he declines to fill such vacancy, the next oldest engineer and so on may take same. When known in advance (vacation) such vacancy will be for a period of more than six (6) calendar days, the oldest engineer in line of promotion may take same. If such vacancy is for a period of six (6) calendar days or less, extra engineers will alternate on same.

(d) When it is known that a vacancy (except vacation vacancies) will exist for thirty (30) calendar days or a vacancy (except vacation vacancies) has existed for thirty (30) calendar days, it shall be bulletined as a permanent vacancy. A known 30-day vacancy is one where it is reasonably assured that the employee will not return within 30 days. Vacancies of thirty (30) calendar days that exist due to an engineer filling a vacation vacancy shall not be bulletined under this rule.

Engineers displaced from their regular assignments by reason of the same being bulletined as permanent vacancies, as hereinbefore provided, may, upon return to service, exercise their rights to any run to which they are entitled by reason of their seniority.

(e) When work train service in yard limits is manned by yard engineers, the above shall not apply, and when so manned the oldest yard engineer applying for same will be assigned upon the first day that yard engineers are entitled to go thereon.

3. (a) An extra engineer sent to fill a temporary vacancy at an outlying point will hold same for a period of six calendar days; at the expiration of six calendar days, upon his request, he will be relieved, provided engineer for relief service is available. This shall not apply in event of demoted (emergency) engineer requesting relief at the expiration of six calendar days unless extra board engineer for relief service is available. In other words, the rules does not contemplate that one demoted (emergency) engineer be permitted to request relief under the rule at the expiration of six calendar days and be relieved by another demoted (emergency) engineer if an extra board engineer is available.

A demoted (emergency) engineer filling a temporary vacancy at an outlying point may, at any time when tied up at outlying point of reporting (terminal of run), be displaced by an extra board engineer. If a demoted (emergency) engineer is used to fill a temporary vacancy at an outlying point where no engineers' extra board is maintained, an extra board engineer, as soon as available at point where extra board is maintained, will be sent to relieve the demoted (emergency) engineer at an outlying point of reporting (terminal of run.)

The first engineer sent to fill a temporary vacancy at an outlying point will be allowed pay for deadheading to such outlying point, and the last engineer deadheading from such vacancy will be allowed pay for returning from such outlying point, the effect of this being that only one deadhead trip in each direction will be paid for, regardless of the number of engineers used in filling any one such vacancy on account of exercise of seniority or relief under the six (6) day provision.

(b) The language used in that portion of the first sentence of paragraph (a) above reading as follows -- "at the expiration of six (6) calendar days, upon his request, he will be relieved, provided engineer for relief service is available" -- is understood as follows:

i. When an extra engineer has filled a temporary vacancy at an outlying point for six calendar days and returns to his home terminal on Saturday night and requests relief, he will be relieved and placed on the extra board, provided there is an extra board engineer on the extra board at the time request is made for relief. However, if relief is granted under these provisions and the extra board is exhausted at calling time for the outlying run, a demoted engineer will be sent to fill the temporary vacancy at an outlying point and no deadhead compensation will be due the demoted engineer unless he is the last man returning from the temporary vacancy. If a demoted engineer is used in such cases he will be relieved by an extra engineer as soon as an extra board engineer is available and no deadhead compensation will be due such extra board engineer unless he is the last man returning from the temporary vacancy.

ii. When an extra engineer is filling a temporary vacancy at an outlying run and requests relief at the outlying point at the expiration of six calendar days, such engineer will not be relieved until calling time for the extra engineer sent to relieve him; if there is no extra board engineer available to send to the outlying point at calling time, such engineer will not be relieved.

iii. Where an extra work train is operated out of home terminal and is tied up at an intermediate point, or points, before returning to the home terminal, such extra work train will be considered as a temporary vacancy subject to the provision of this Article 26(C)3.

D. FILLING VACANCIES IN YARD SERVICE

1. The right of engineers in yard service to runs in yards on their respective seniority districts shall be determined by the Superintendent, who shall be governed by the applicant's record, qualifications and seniority.

2. When a vacancy occurs or conditions change on existing runs (such changes or conditions creating a preference in runs), or new runs are established, the oldest engineer affected will have the right to fill such vacancy or run, subject to paragraph (1).

3. Should an engineer decline a run to which he may be entitled, or fail to bid in a run to which he may be entitled he does not lose any seniority rights, except so far as the particular run in question is concerned, and is not barred from this particular run in the future in case or vacancy or change of conditions. All permanent vacant runs or new runs will be bulletined for a period of six days as soon as made vacant or established.

4. An engineer assigned to a run that he has bid in will be placed on the run as soon as available after the close of the bulletin period.

5. Engineers absent during the bulletin period will be allowed six days after returning to duty to make a displacement thereon.

6. When the starting time in yard service is changed to the extent of one (1) hour or more, this will constitute a change of conditions.

When there is a change of conditions, within the meaning of above rules on a run or assignment, bulletin shall be posted in accordance with bulletin rules of the applicable agreement, for the period specified in such rules (either five or six days, as the case may be), announcing such change and at the expiration of such bulletin period, assignment to such run or vacancy will be made in accordance with agreement rules.

The engineers regularly assigned to such run or assignment, so bulletined, shall have the right to remain on it during the bulletin period, if he so desires.

To the end that every change of conditions, covered herein, may be bulletined as herein provided for, local chairmen will cooperate with the officer responsible for posting such bulletin in carrying out the provisions of this understanding by giving him notice of such changes to be so bulletined.

After a run or assignment has been bulletined and filled as herein provided, engineers are barred thereafter from exercising a displacement right thereon because of such change of conditions so bulletined.

7. When a vacancy in yard service is advertised and is desired by a regularly assigned engineer who has been displaced by a senior engineer or whose assignment has been abolished during the period such permanent vacancy is on bulletin, and whose seniority entitles him to the vacancy, such engineer may be privileged to place himself thereon, if he so elects, during the bulletin period, provided he actually bids on such vacancy at the time it is taken by him. If such engineer is the successful bidder at the end of the bulletin period, he will be assigned thereto. If he is not the successful bidder, he may exercise his seniority.

It is understood that this applies only to yard engineers who can exercise their seniority under the rules and not to an engineer assigned to a specific run.

ARTICLE 26B - Date of Seniority - Promotion and Training. UTU Fireman Agreement Amended October 31, 1985.

The craft or class of firemen (helpers) shall be eliminated through attrition except to the extent necessary to provide the source of supply for engineers and for designated passenger firemen, hostler and hostler helper positions. Trainmen shall become the source of supply for these positions 'as hereinafter provided.

Section 1 - Amendments to Fireman Manning Agreement of July 19, 1972

(1) Change Article I, Section 1(a) to read as follows:

(a) For fulfilling needs arising as the result of assignments and vacancies, temporary or otherwise, in designated passenger service and in hostler, hostler-helper service, pursuant to mileage or other regulating factors on individual carriers and in accordance with Article IV of this Agreement.-

(2) Change Article I, Section 3(a) to read as follows.

(a) Determinations of the number of employees required on each seniority district will be based on the maximum applicable regulating factor for each class of service contained in the rules on each carrier relating to increasing or decreasing the force of locomotive engineers.

(3) Change Article I, Section 3(e) to read as follows:

(e) The number of employees required as of each determination period will be based on engineer service during the twelve months' period as follows:

Passenger Service

Total hours paid for multiplied by the number of miles encompassed in a minimum day divided by the number of hours encompassed in a minimum day.

Freight Service

Total hours paid for plus one-half overtime hours, multiplied by the number of miles encompassed in a minimum day divided by the number of hours encompassed in a minimum day.

Yard Service

Total hours paid for plus one-half overtime hours, divided by 8.

The results thus obtained shall be divided by the maximum applicable regulating factor an provided in paragraph (a) of this Section 3. The sum of employees thus determined will be increased by 10% to cover vacations and layoffs.

NOTE: As used in this paragraph, the term 'total hours paid for' includes all straight time hours paid for including hours paid for while working during scheduled vacation periods and the basic day's pay for holidays as such, all overtime hours paid for including overtime paid for working on holidays, and the hourly equivalent of arbitraries and special allowances provided for in the schedule agreements. The term does not include the hourly equivalent of vacation allowances or allowances in lieu of vacations, or payments arising out of violations of the schedule agreement.

(4) Change Article 1, Section 3(f) by inserting "and on furlough" in the first and second sentences after "the number of firemen in active service" and by eliminating (1) to the NOTE and renumbering the remaining three enumerated items.

(5) Eliminate Section 3(h) of Article I and reletter the subsequent subsection.

(6) Change Article III, Section 1 to read as follows:

"Section I - Fireman (helpers) whose seniority as such was established prior to November 1, 1985 shall have the right to exercise their seniority on assignments on which, under the National Diesel Agreement of 1950 (as in affect on January 24, 1964), the use of firemen (helpers) would have been required and on available hostler and hostler helper assignments subject to the following exceptions:

(a) When required to fulfill experience requirements for promotion, or engaged in a scheduled training program.

(b) When their services are required to qualify for or fill passenger or hostler or hostler helper vacancies in accordance with Article IV of this Agreement.

(c) When restricted to specific assignments as referred to in Article VI of this Agreement.

(d) When required to fill engineer vacancies or assignments.

The exercise of seniority under this Article will be subject to the advertisement, bidding, assignment, displacement and mileage rules on the individual carriers.

NOTE: As to any carrier not subject to the National Diesel Agreement of 1950 on January 24, 1964, the term "the rules in effect on January 24, 1964 respecting assignments (other than hostling assignments) to be manned by firemen (helpers)" shall be substituted in this Article for the term "the National Diesel Agreement of 1950."

Section 1.5 - Firemen (helpers) whose seniority as such is established on or after November 1, 1985 will have the right to exercise seniority limited to designated positions of passenger fireman, hostler or hostler helper. The seniority rights of such firemen are subject to the following exceptions:

(a) When required to fulfill experience requirements for promotion, or engaged in a scheduled training program.

(b) When required to fill engineer vacancies or assignments.

This will not preclude the carrier from requiring firemen to maintain proficiency as engineer and familiarity with operations and territories by working specified assignments."

(7) Change Article III, Section 4 to read as follows:

"Section 4(a) - All firemen (helpers) whose seniority as such was established prior to November 1, 1985 will be provided employment in accordance with the provisions of this Article until they retire, resign, are discharged for cause, or are otherwise severed by natural attrition; provided, however, that such firemen (helpers) may be furloughed if no assignment working without a fireman (helper) exists on their seniority district which would have been available to firemen (helpers) under the National Diesel Agreement of 1950 (as in effect on January 24, 1964), and if no position an an extra list as required in Section 3 above exists on their seniority district, subject to Section 5 of this Article.*

Section 4(b) - Firemen whose seniority as such is established on or after November 1, 1985 may be furloughed when not utilized pursuant to Section 1.5 of this Article."

(8) Change Article III, Section 5(a) to read as follows:

Section 5(a) - With respect to firemen (helpers) employed after July 19, 1972 and prior to November 1, 1985, the provisions of Section 4(a) above will be temporarily suspended on any seniority district to the extent provided in this Section 5 if there in a decline in business within the meaning of this Section.

(9) Change Article IV, Section 1 to read as follows:

Section 1 - Firemen (helpers) who established a seniority date " fireman prior to November 1, 1985 shall be used on assignments in passenger service on which under agreements in effect immediately prior to August 1, 1972, the use of firemen (helpers) would have been required. The use in passenger service of firemen (helpers) who establish seniority an firemen on or after November 1, 1985 will be confined to assignments designated by the carrier.

(10) Change Article IV, Section 2 to read as follows:

(a) Except as modified hereinafter, assignments in hostling service will continue to be filled when required by agreements in effect on individual carriers.

(b) The carriers may discontinue using employees represented by the United Transportation Union as hostlers or hostler helpers provided that it does not result in furlough of a fireman who established seniority prior to November 1, 1985 nor the establishment of a hostler position represented by another organization, and provided, further, that this provision will not act to displace any employee who established seniority prior to November 1, 1985 and who has no rights to service except as hostler or hostler helper.

(c) Employees in engine service who established seniority prior to November 1, 1985 will continue to fill hostler and hostler helper positions and vacancies thereon in accordance with agreements in effect as of that date. If such position cannot be filled by such employees, and it is not discontinued pursuant to Paragraph (b) above, qualified train service employees will be used. In that event, bulletined vacancies will be advertised to train service employees, and if no bids are received the junior qualified train service employee at the location will be assigned; temporary vacancies will be filled from the yard or combined road/yard extra board.

(d) Yard crews may perform hostling work without additional payment or penalty to the carrier.

(11) Change Article VIII to read as follows:

ARTICLE VIII - RESERVE FIREMEN

The carrier shall have the right to offer 'Reserve Fireman' status to any number of active firemen, working as such, with seniority as firemen prior to November 1, 1985 (who are subject to work as locomotive engineers) . Where applied, Reserve Fireman status shall be granted in seniority order on a seniority district or home zone basis under the terms listed below:

(1) An employee who chooses Reserve Fireman status must remain in that status until he either (i) is recalled and returns to hostler or engine service pursuant to Paragraph (2), (ii) is discharged from employment by the carrier pursuant to Paragraph (2) or for other good cause, resigns from employment by the carrier, (iv) retires on an annuity (including a disability annuity) under the Railroad Retirement Act, or (v) otherwise would not be entitled to free exercise of seniority under this Fireman Manning Agreement; whichever occurs first. If not sooner terminated, Reserve Fireman status and all other employment rights of a Reserve Fireman shall terminate when he attains age 70.

(2) Reserve Firemen must maintain their engine service and hostler proficiencies while in such status, including successfully completing any retraining or refresher programs that the carrier may require and passing any tests or examinations (including physical examinations) administered for purposes of determining whether such proficiencies and abilities have been maintained. Reserve Fireman also must hold themselves available for return to hostler and engine service upon seven days' notice, and must return to hostler or engine service in compliance with such notice. Reserve Fireman shall be recalled in reverse seniority order unless recalled for service as engineer. Failure to comply with any of these requirements will result in forfeiture of all seniority rights.

(3) Reserve Firemen shall be paid at 70% of the basic yard fireman's rate for five days per week. No other payments shall be made to or on behalf of a Reserve Fireman except (i) payment of premiums under applicable health and welfare plans and, (ii) as may otherwise be provided for in this Article. No deductions from pay shall be made on behalf of a Reserve Fireman except (i) deductions of income, employment or payroll taxes (including railroad retirement taxes) pursuant to federal, state or local law; (ii) deductions of dues pursuant to an applicable union shop agreement and any other deductions authorized by agreement, (iii) as may otherwise be authorized by this Article and (iv) any other legally required deduction.

(4) Reserve Fireman shall be considered in active service for the purpose of this Fireman Manning Agreement, including application of the decline in business formula.

(5) Other non-railroad employment while in Reserve Fireman status, is permissible so long as there is no conflict of interest. There shall be no offset for outside earnings.

(6) Vacation pay received while in Reserve Fireman status will offset pay received under paragraph (3). Time spent in reserve status will not count toward determining whether the employee is eligible for vacation in succeeding years. It will count as time in determining the length of the vacation to which an employee, otherwise eligible, is entitled.

(7) Reserve Fireman are not eligible for:

Holiday Pay
Personal Leave
Bereavement Leave
Jury Pay
Other similar special allowances

(8) Reserve Firemen are covered by:

Health and Welfare Plans
Union Shop
Dues Check-off
Discipline Rule
Grievance Procedure

that are applicable-to firemen (helpers) in active service,

(9) When Junior employees are in 'Reserve Fireman' status, a senior active fireman may request such status. The carrier shall grant such a request and, at its discretion, recall the junior 'Reserve Fireman.

Section 2 - Establishing Brakeman Seniority

(1)Engine service employees not possessing ground service seniority as of November 19 1985 shall be placed on the bottom of the appropriate ground service roster upon Implementation of this Section. Such employees will be allowed to relinquish their newly acquired seniority during a ninety day period following such implementation.

(2) On or after November 1, 1985, any person establishing seniority in engine service without first establishing seniority as trainman will establish a seniority date an trainman on the date he or she establishes seniority in engine service.

(3) An employee establishing seniority as trainman under this Section 2 shall be permitted to exercise such rights only in the event he or she is unable to hold any position or assignment in engine service as engineer, fireman on a designated position in passenger service, hostler or hostler helper, and such employee shall not, by such placement, be given any 'present or protected employee" rights under present crew consist agreements or any negotiated in the future.

(4) Provisions for implementing this requirement shall be agreed upon with the appropriate trainmen's representative on each carrier party hereto within 90 days following the date of this Agreement. If the parties are unable to agree, the matter shall be arbitrated at the request of either party under the following provisions:

(a) The parties will endeavor to agree upon an arbitrator. If they fail to agree, either may request the National Mediation Board to name an arbitrator.

(b) The authority of the arbitrator will be limited to deciding the procedures that will govern the placement of engine service employees on ground service seniority rosters including the determination of which rosters are appropriate.

(c) An award will be rendered within 45 days of the date the arbitrator is named.

Section 3 - Retention of Seniority

(1) Subject to the carrier's legal obligations, when selecting now applicants for engine service, opportunity shall first be given to employees in train and yard service on the basis of their relative seniority standing, fitness and other qualifications being equal. Transfer of engineers from one seniority district to another on the same railroad system will not be violative of this provision.

(2) Any person who is selected for engine service and does not have seniority as trainman will acquire seniority an trainman upon entering engine service, subject to paragraph (3) hereof.

(3) An employee who has established seniority as conductor (foreman), trainman (brakeman-yardman), hostler or hostler helper (but without seniority as a locomotive fireman) who is selected for engine service shall retain his seniority standing and all other rights in train and/or yard or hostling service. However, such employee shall be permitted to exercise such rights only in the event he or she is unable to hold any position or assignment in engine service as engineer, fireman on a designated position in passenger service, hostler or hostler helper.

(4) This Section 3 replaces and supersedes Article VIII of the August 25, 1978 National Agreement.

Section 4 - Promotion

The following principles will govern in the selection and promotion to engine service and conductor/foreman:

(1) Trainmen who established seniority prior to November 1, 1985 will be governed by existing rules with respect to promotion to conductor/foreman and will not be required to accept promotion to engine service.

(2) Trainmen who establish seniority on or after November 1, 1985 must accept promotion to conductor/foreman in proper turn.

(3) Trainmen who establish seniority on or after November 1, 1985 will be selected for engine service in accordance with Section 3 of this Article XIII. However, if a sufficient number of trainmen (including those promoted to conductor) do not make application for engine service to meet the carrier's needs, such needs will be met by requiring trainmen (including promoted conductors) who establish seniority on or after November 1, 1985 to take engine service assignments or forfeit seniority in train service.

(4) If the carrier's needs for engine service employees are not met during a period when there are not sufficient trainmen (including promoted conductors) in service with a seniority date on or after November 1, 1985 who must accept promotion to engine service or forfeit seniority in train service, the carrier may hire qualified engineers or train others for engine service.

Provisions for implementing these principles shall be agreed upon on each carrier party hereto within 90 days following the date of this Agreement. If the parties are unable to agree, the matter shall be arbitrated at the request of either party under the following provisions:

(a) The parties will endeavor to agree upon an arbitrator. If they fail to agree, either may request the National Mediation Board to name an arbitrator.

(b) The authority of the arbitrator will be limited to deciding the procedures that will govern the promotion of trainmen and the forfeiture of seniority in the event of failure to qualify for promotion.

(c) An award will be rendered within 45 days of the date the arbitrator is named.

Section 5 - Application

Any conflict between the changes set forth herein and the provisions of the July 19, 1972 Manning Agreement, as revised, shall be resolved in accordance with the provisions of this Agreement.

12. Engineers already employed and required to learn other divisions or seniority districts, will be paid a minimum days pay for same as per class of service they are to perform.

Article 22 F
UTU 1998 Conductor Trainman Agreement

3. Trainmen who established seniority prior to November 1, 1985, will not be required to accept promotion to engine service.

Employees with train service seniority prior to November 1, 1985 may make a written request for entrance into engine service on their seniority district at any time and, subject to meeting the minimum standards for entrance, will be sent to locomotive engineer training at the earliest available date.

4. Employees whose seniority in train service is on or after November 1, 1985, are required, in order of their trainmen's seniority, to attend locomotive engineer's training and must satisfactorily complete the program or forfeit their train service seniority.

5. If the Carrier's needs for engine service employees are not met during a period when there are not sufficient trainmen (including promoted conductors) in service with a seniority date on or after November 1, 1985 who must accept promotion to engine service or forfeit seniority in train service, the Carrier may hire qualified engineers or train others for engine service.

G. SENIORITY AND RIGHTS TO RUNS
(Consolidated Seniority Rosters Omitted)

1. (Applicable to Southern Only)

The seniority rights of engineers shall not be interchangeable and engineers transferred permanently from one service to the other will rank as new men.

2. (Applicable to Southern Only)

On seniority districts where road and yard rosters are combined, the following conditions shall apply:

(a) All engineers holding seniority on the date the road and yard rosters on their district are combined will be known and referred to as "prior rights" engineers. All engineers entering the service as engineer after the date road and yard rosters are combined will be known and referred to as "dual rights" engineers.

(b) A "'prior rights" engineer will not be forced to fill vacancies in the service in which he has no prior rights as long as he stands for an assignment in which he holds prior rights, except that such prior right engineers may claim or bid on vacancies or assignments in the service in which he has no prior rights, and will be assigned to same if qualified and seniority permits and will be required to perform such service while so assigned.

(c) A "dual rights" engineer will be required to perform service as an engineer in both road and yard service and his seniority will be the same in both services. A "dual rights" engineer may claim or bid an engineer vacancies in both road and yard service and will be assigned to same if qualified and seniority permits and will be required to perform such service while so assigned.

(d) When road and yard rosters are combined, engineers must qualify in the newly acquired service and be certified by the Division Superintendent. Time off to qualify in the newly acquired service will be permitted when the engineer's services are not required on prior rights assignments.

3. An engineer discharged and re-employed within six months shall not lose his seniority but if nor re-employed until after six months shall have elapsed, he will rank as a new man, except in special cases.

4. Engineers who voluntarily leave the service will rank as new men if re-employed.

5. When an engineer lays off in excess of thirty days on account of physical condition, the Superintendent or the local committee may require him to furnish a certificate from a reputable physician.

6. When an engineer becomes unable to fill the run which he is holding by seniority, on account of his physical condition, he will have the right to take any other run of his choice to which his seniority would entitle him, such cases to be decided by an investigating committee, or which his Division Superintendent shall be chairman.

7. The Company will endeavor to find employment for engineers in good standing who have been disabled in the Company's service.

Termination of Seniority (BLE 1986 Agreement)

The seniority of any employee who seniority in engine or train service is established on or after November 1, 1985 and who is furloughed for 365 consecutive days will be terminated if such employee has less than three (3) years of seniority.

This page last updated: 03/06/2005