Article 36
Assignments

A. SIX OR SEVEN DAY WORK WEEK

1. Engineers shall be assigned for a fixed period of time which shall be for the same hours daily for all regular members of a crew.  So far as is practicable assignments shall be restricted to 8 hours' work.

2. It is understood that yard runs operating either six or seven days will be shown in bulletin as runs to operate six days or more.  Such bulletining will not, however, operate to prevent the management from cutting the engine off for one or more days when in its judgment conditions warrant.

3. At locations where six and/or seven day work week is in effect and where, with substantial regularity, there are only five days of work per week for a particular assignment, the carrier may establish such assignment for five days per week, and thereafter the yard engineers filling such assignment, either the regularly assigned engineer, or an extra engineer, will be paid the five-day week yard rates for service performed on the five days included in such assignment.  Service on shifts or on days not included in the assignment will be paid for on the basis and at the rate applicable to the service performed.  Rules guaranteeing more than five days per week on yard assignments are hereby modified on assignments established by this Article.  Nothing in this Article shall be construed to create a guarantee, or to change or modify rules or practices dealing with the carrier's rights to annul assignments.  Assignments established under the terms of this Article shall be bulletined and shown as established under this Article.

Engineers filling such assignments will be paid the five-day week yard rates for service performed on any of the five-days scheduled in the bulletined assignments.  Service required on the sixth and/or seventh days of such jobs will be paid for at the straight-time rates specified for six or seven-day assignments on the basis of the service performed, and the engineer regularly assigned thereto will be used on such sixth or seventh day.

Should service on any bulletined five-day assignment be curtailed for one day or more, engineers assigned to such runs shall have the privilege, if they so elect, of exercising seniority.

Should a regular five-day assignment be changed to a regular six or seven-day assignment, this shall be considered a change in conditions and bulletin posted accordingly, and the basis of payment will be the rate specified for six or seven-day assignments.

4.  Should service on any regular six or seven-day assignment be curtailed more than one day in a calendar week, the engineer assigned thereto, after losing the first such day and upon being notified that the assignment is to be curtailed a second day in the calendar week, shall have the privilege of exercising seniority, if he so elects, provided he gives notice prior to calling time for the assignment on which he desires to exercise seniority.

NOTE:  Understood, for the purposes of this rule, "calendar week" means 12:01 A.M. Sunday through 12:00 midnight Saturday.

B. FIVE-DAY-WORK WEEK

The following five-day workweek agreement shall be controlling for yard engineers at locations where by separate agreement the five-day work week has been established.  On seniority districts where the five-day workweek is not in effect, yard engineers will not be governed.  These rules to apply only after agreement between the parties to establish the five-day work week.

Beginning on the date this agreement becomes effective on any yard or yards (by agreement between the parties) the provisions of Article 36(B) will apply as outlined below the adoption of the following five-day workweek rules.  Such rules take precedence over, supersede, and amend all schedule rules and agreements to the extent provided therein.

NOTE:  Due to the necessity of changing existing assignments to conform to the five-day work week provided for herein, the Carrier will, prior to the effective date of the five-day workweek, post notices of bulletins listing the days off of regular assignments and advertising regular relief assignments.

The changes as enumerated above shall begin on the effective date of the five-day workweek, and employees may exercise seniority rights to select the assignment of their choice.

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 man, or a regularly assigned relief man, this may be done by bulletin announcing the change without readvertising.

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.

NOTE:  In order that no question will arise as to the application of Section 2 the rule is clarified by setting out herein that the "off days" of a regularly assigned man of a regular relief man are the sixth and seventh days of his work week except in cases where man have non-consecutive "off days" as provided in Section 4 of this agreement, in which case one of the non-consecutive rest days will be designated as the seventh day of his work week.

3. (a) When service is required by a Carrier on days off of 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 men or unassigned employees.)  Where regular relief assignments are established, they shall, except as otherwise provided in this Agreement, 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 Section 3(a), such assignments may be established for five consecutive days with different starting time rules, and on different days may have different points for going on and off duty in the same seniority district 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 in accordance with schedule of bulletin rules, except as herein provided.

(d) Rules providing for assignments "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 Section 3.

(e) Except as otherwise provided for in this Agreement, regular relief assignments shall be established in conformity with rules in agreements or practices 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.

NOTE 1: The following shall apply when assignments are abolished:

If an assignment is abolished on a day on which a relief man is assigned to relieve the regular man, such abolishment automatically abolishes the assignment of the regularly assigned man, as well as the regularly assigned relief man, and the man affected may exercise his seniority rights in accordance with the rules.

(b) If an assignment is abolished on a day which a regular relief man is not assigned to relieve a regularly assigned man, such relief man 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 the regularly assigned man whose assignment is abolished.  Except as provided below, a relief man may exercise a displacement right as of 12:01 A.M. of the day on which he is assigned to relieve the regularly assigned man whose assignment is abolished.

(c) If, prior to the date on which the regular relief man is assigned to relieve a man whose assignment is abolished, arrangements can be made so as to utilize for regular relief purposes such relief man on the date on which his assignment would otherwise be abolished, this may be done, without rebulletining.  Notice will be given a relief man 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 2:  The following shall apply when assignments are annulled:

(a) In event a regular assignment is annulled for one day or more, the yard engineer regularly assigned to work such job on the day, or days, will be given at least six (6) hours' notice prior to the starting time of the assignment.

(b) In the event a yard assignment is annulled for one or more days other than a holiday, the yard engineer regularly assigned to work such job on the day, or days, on which it is annulled, may, if he so desires, exercise his seniority by temporarily or permanently displacing a junior man (except a man assigned on the extra board) provided he does so at least three hours prior to the on duty time of the assignment on which he makes the temporary displacement.

When a yard engineer exercises seniority as provided above, and it is a temporary displacement only for the day or days on which his assignment is annulled, it will be the employee's responsibility to notify the caller that the displacement is temporary.

(c) In event a yard assignment is annulled for any of the holidays enumerated in the effective holiday agreement, the yard engineer regularly assigned thereto cannot exercise his seniority - he must lose this day.  (If he qualifies under the rules, he will be allowed holiday pay.)

When any of the holidays enumerated in the effective holiday agreement fall on Sunday, the day observed by the National shall be considered the holiday.

4. a.  Accumulation. - Agreements may be made to provide for the accumulation of off days over a period not to exceed five consecutive weeks.

b.  Days Off. - In cases where off day (or days) is to be filled which cannot be made a part of a regular assignment at an outlying or small yard and there are no extra man at the point, such day or days may be filled by using the regular men and be paid for at straight-time rate.

NOTE:  In the application of the above, the following shall apply:

In cases where off day (or days) is to be filled which cannot be made a part of a regular assignment at a point where yard engines are worked but extraboard is not maintained, such day (or days) shall be filled as follows:

1. At points where there are two or less six-day assignments:

(a)  By using the regular men to perform work during the hours of their regular assignment for six (6) days a week at the straight-time rate.

2. At points where there are two or less seven-day assignments:

By using the regular men to perform work during the hours of their regular assignment seven (7) days a week at the straight-time rate for a period of five consecutive weeks.  Every sixth week such men will be relieved for a period of seven consecutive days and such vacancy will be filled by an extra engineer at the straight-time rate.

3.  At points where there are two six-day and one seven-day assignments, the provisions of paragraph (1) (a) of this NOTE shall be applicable to the six-day assignments and the provisions of NOTE (2)(a) shall be applicable to the seven-day assignment.

It is further understood that representatives of Management and Organization may, by mutual agreement, depart from the above procedure at such points where conditions may justify.

c. Non-Consecutive Days. - Subject to Sections 1 and 3 of this Agreement, if the Superintendent (or his representative) and the Local Chairman fall to agree upon the establishment of non-consecutive off days at any point, the Carrier may nevertheless establish non-consecutive off days subject to the right of the employees to process the dispute as a grievance or claim under the rules agreement.

5 - REGULAR EMPLOYEES

a.  Existing rules which relate to the payment of daily overtime for regular assigned employees and practices there under are not changed hereby and shall be understood to apply to regular assigned relief men, except that work performed by regular assigned relief men on their regular relief assignments shall be paid for at the straight-time rate.

b. Regular assigned yard service employees worked as such more than five straight-time eight-hour shifts in a work week shall be paid one and one-half times the basic straight-time rate for such excess work except:

(i) As provided in Section 4(a) and (b);

(ii) When changing off where it is the practice to work alternately days and nights for certain periods.

(iii) When working through two shifts to change off;

(iv) Where exercising seniority rights from one assignment to another;

(v) Where paid straight-time rates under existing rules or practices for a second tour of duty in another grade or class of service.

In the event an additional day's pay is paid to an employee for other service performed or started during the course of his regular tour of duty, such additional day will be not utilized in computing the five straight-time eight-hour shifts referred to in this paragraph (b).

c. There shall be no overtime on overtime; neither shall overtime hours paid for, nor time paid at straight-time rate for work referred to in Paragraph (b) of this Section 5, be utilized in computing the five straight-time eight-hour shifts referred to in such Paragraph (b) of  this Section 5, nor shall time paid for, where required by schedule rules, in the nature of arbitraries or special allowances, such as attending court, inquests, investigations, etc. be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such hours.  Existing rules of practices regarding the basis of payment of arbitraries or special allowances and similar rules are not affected by this Agreement.

d. Any tour of duty in road service shall not be considered in any way in connection with the application of this agreement, not shall service under two agreements be combined in computations leading to overtime under the five-day week.

6 - EXTRA EMPLOYEES

a. Existing rules, which relate to the payment of daily overtime for extra employees and practices there under are not changed hereby. Any shift in yard service in excess of eleven straight-time shifts in yard service in a semi-monthly period will be paid for at time and one-half rate.

b. In the event an additional day's pay is paid to an extra employee for other service performed or started during the course of his tour of duty in yard service, such additional day will not be utilized in computing the eleven straight-time shifts referred to in Paragraph (a) of this Section.

c. The principles outlined in Section 5(c) and (d) shall be applicable to extra employees in the application of this Section 4.

NOTE 1:  It is recognized that the carrier is entitled to have an extra employee work eleven straight-time shifts in yard service in a semi-monthly period without regard to overtime shifts which may be worked under provisions of Article 35(B).  Extra men who have worked eleven straight-time shifts in yard service in a semi-monthly period will remain on the extra board, but will not be used in yard service during the remainder of that period if other extra men are available who can work in such service at the straight-time rate.

INTERPRETATION:

"Semi-monthly period" as used in above paragraph (1) and NOTE 1 means the first period of a month from 12:01 A.M., 1st, to 12:01 A.M., 16th and the second period of a month from 12:01 A.M., 16th to 12:01 A.M., 1st of the following month.

NOTE 2: The above rules in Section 6 - Extra Employees - are applicable in the event an extra board is maintained.

7. Vacation: Beginning on the date the five-day work week becomes effective in any yard or yards the computations of basic day provisions of the second paragraph of Section 1(a), 1(b), and 1(d) of the Vacation Agreement shall apply in such yard or yards.

8. Nothing in this Agreement shall be construed to create a guarantee of five days per week.

9. (a) All regular or regular relief assignments for engineers in yard, transfer, and belt line service, or combinations thereof, represented by the Brotherhood of Locomotive Engineers, will be for a work week of five basic days.  Except as otherwise provided in this Agreement, the work week will consist of five consecutive days with two days off in each seven.  The foregoing work week rule is subject to all other provisions of this Agreement.

(b) An employee on a regular or regular relief assignment who takes another regular or regular relief assignment, will take the conditions of that assignment, but is this results in the employee working more than five days in the period starting with the first day of his old work week and ending with the last day of his new work week, such day or days will be paid at straight-time rate.

(c) A regular assigned employee in yard service, who under schedule rules goes on an extra board, may work on a board for the remainder of the semi-monthly period, provided the combined days worked in yard service on the regular assignment and an extra board do not exceed eleven straight-time days.  He will then be subject to "NOTE 1" under Section 6 of this Agreement.

(d) An employee who leaves an extra board for a regular or regular relief assignment will take the conditions of his new assignment at straight-time rate, without regard to the number of days he may have worked on an extra board.

(e) Except as provided in paragraph (b), (c) and (d) of this Section and excluding the exceptions from the computations provided for in Section V, paragraphs (b) and (c):

Regular employees will not be permitted to work more than five straight-time eight-hour shifts in a work week;

Extra employees will not be permitted to work more than eleven straight-time eight-hour shifts in a semi-monthly period; in service covered by this Agreement.

NOTE 1: The provisions of paragraphs (c) and (d) are applicable only in the event an extra board is maintained.

NOTE 2: At locations where road and yard engineers seniority consolidation exists the following procedures will be used in filling vacancies in yard engineer service:

FIRST - From the yard engineer extra board.

SECOND - From the ranks of demoted yard engineers.

THIRD - By a demoted road engineer who is qualified for yard service and has DUAL RIGHTS.

FOURTH - The senior yard engineer whose off days is that day, 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 none available thereon, the senior available yard engineer on a succeeding shift will be used, provided he has made written application for such extra work.

FIFTH -The first out road extra board engineer who is qualified for yard service and has DUAL RIGHTS.

The term DUAL RIGHTS means all employees entering the service as engineers after the date the road and yard seniority rosters were combined.

NOTE 3: At locations where a consolidated road and yard engineer seniority is not in existence the following procedure will be used in filling vacancies in yard engineer service:

FIRST - From the yard engineer extra board.

SECOND - From the ranks of demoted yard engineers.

THIRD - The senior yard engineer whose off day is that day, who has made written application for such extra work on whose regular assignment is on the shift on which the vacancy exists, will be used.  If none available thereon, the senior available yard engineer on a succeeding shift will be used, provided he has made written application for such extra work.

In applying the provisions of this Article 36(B), Section IX - NOTE 2 and 3, if not men are available, past practices heretofore in effect will be followed.

Written requests for extra work may not be withdrawn for a period of thirty (30) days.  Notice of withdrawal must be in writing.  In the event a yard engineer serves written notice canceling request for such extra work, he cannot reinstate request for such extra work within less than thirty (30) days.

Regularly assigned relief men who file written request for such extra work may be used for such service on any shift or shifts unclouded in their regular relief assignment.  "Shift" means the hours referred to in the starting time rule, i.e. First Shift, 6:30 a.m. to 8:00 a.m.;  Second Shift, 2:30 p.m. to 4:00 p.m.; and Third Shift, 10:30 p.m. to 12:00 midnight.

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

10. It is further agreed that the following rule with respect to adjustment of yard engineers' extra boards, where maintained, is adopted:

(a) Extra board men will work first-in first-out, except as hereinafter provided.  When necessary to reduce the extra board in accordance with this rule, the youngest man or men in point of service will be taken from the board.

(b) When an extra man first-out on the extra board has completed eleven straight-time days in a semi-monthly period, but there is an extra man below him on the board who has not made eleven straight-time days in such period, the latter man will be used by running him around the first-out man.  The same conditions to apply to other men on the extra board who have made eleven straight-time days.  They will hold their rotating positions on the extra board and be eligible for call when all men on the board have made eleven straight-time days.

(c) Except where there are four (4) or less men on an extra board, no reduction in the number of engineers on the yard extra board will be made so long as engineers on the extra board are averaging the equivalent of twenty (20) days per month.

(d) Except where there are four (4) or less men on an extra board, engineers will be added to the extra board in the order of their seniority when the extra board engineers average the equivalent of twenty-three (23) days per month.

(e) The following regulation will apply with respect to further additions to the working list:

Sufficient number of engineers will be assigned to the yard extra board to keep the mileage, or equivalent thereof, within the limitations of twenty (20) and thirty-five (35) days per month.

(f) When the board calls for four (4) or less men, the number of men to be carried on the extra board will be in conformity with the following table:

(g) Notwithstanding the above provisions, when yard run (or runs) is put on, an additional engineer may be placed on the extra board for each such run at the time such run (or runs) is bulletined. When such run (or runs) is abolished, the extra board will be adjusted accordingly.

When engineers are added as provided above, the days made during the bulletin period of such run (or runs) will be excluded from the total days in adjusting the extra board for the succeeding period.

In applying this Paragraph (g), consideration will be given to the needs of the service before extra engineers are added as herein provided.

This agreement supersedes and cancels, for yard engineers on the five-day work week, to the extent herein provided, those portions of Article 25(E), 2, 4, 6, and 7 "Reduction of Working Lists."

11. Exception:

When there are less than three yard engines assigned at Monroe, Virginia, the assignments may be operated six or seven days per week; however, yard engineers working on these assignments will be paid at the five-day basic rates for five days of the assignment and the straight-time six or seven-day basic rates for the sixth and seventh days.  The purpose of this clause is to allow the regularly assigned engineers to work the sixth or seventh day on the shift assigned if the assignment works more than five days in the week.  Extra engineers who work these assignments at Monroe, Virginia will be paid under the same provisions when relieving the regularly assigned engineers at that location.

This page last updated: 03/06/2005