ARTICLE V - MANNING OF CERTAIN VACANCIES ON ROAD AND YARD
MUST-FILL POSITIONS
Section 1. The Five Day Work Week ("Supplement")
Yardmen(Item6(B) of the Yard Schedule effective
November 1, 1972) is amended by the addition of the follow-
ing to Section 12(g):
(a) Must-Fill Yard Vacancy. When there are no
protected yardmen furloughed and no extra yardmen available
cm the extra board and there is a known must-fill yard
vacancy, the junior available protected yard helper holding
a blankable yard helper position in the same starting time
bracket at the same starting point within the terminal will
be required to fill the must-fill position for one tour of
duty. If no protected yard helper is holding a blankable
yard helper position in the same starting time bracket at
the same starting point, the junior available protected yard
helper holding a blankable yard helper position in the same
starting time bracket at another starting point within the
terminal will be required to fill the must-fill position for
one tour of duty.
Available, protected helpers required to fill a
position in accordance with this Section (l)(a) will be paid
an allowance of 3 hours at the pro rata rate in addition to
all other earnings. If a protected yardman is not used on
the vacancy for which held, such yardman will be paid loss
of earnings in lieu of such allowance (this shall not be
construed as allowing the moving of a yard helper from a
blankable position in one starting time bracket to a
must-fill position in another starting time bracket).
NOTE 1: This amendment shall be titled
---- 12(g)(l)(a). The present 12(g)(l) shall
be titled 12(g)(l)(b).
NOTE 2: In applying Section 12(g), 12(g)(l)(a)
shall be applied before 12(g)(l)(b).
Q-l: Does the wording in Article V, Section l(a),
reading "same starting time bracket" mean
the time periods referred to in existing
starting time rules?
A-l: Yes.
Q-2: If the yard extra board consisted of one
protected yardman first out and no other
extra board yardmen available and a
blankable vacancy existed on the 6:30
a.m. assignment and a must-fill vacancy
on the 8:00 a.m. assignment, how would
the extra yardman be handled?
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A-2: The protected extra yardman would be
called for the 6:30 a.m. blankable
assignment and if he is then the junior
employe working a blankable vacancy in
the same starting time bracket he would
be held back to the 8:00 a.m. assignment
and allowed the three hours penalty.
Q-3: May an extra protected yardman be held
for a known must-fill vacancy outside the
starting time bracket for which he stood?
A-3: No.
Q-4: There is a must-fill vacancy and a
blankable vacancy on a 3:30 p.m. assign-
ment and also a must-fill vacancy on a
4:00 p.m. assignment. How would these
y, vacancies be filled from the extra board
that is lined up with a protected extra
yardman first-out, a non-protected extra
yardman second-out and a protected extra
yardman third-out?
A-4: The first-out protected extra yardman
would be called for the must fill 3:30
p.m. vacancy and the third-out protected
extra yardman would be called for the
3:30 p.m. blankable vacancy and the
second- out non-protected extra yardman
would be called for the 4:00 p.m.
must-fill vacancy account the non-
protected extra yardman would have no
right to a blankable vacancy.
Q-5: Under the foregoing example, if the extra
board was lined up with the first two as
protected extra yardmen and the third as
a non-protected extra yardman, how would
such vacancies be filled?
A-5: The 3:30 p.m. must-fill and the 3:30 p.m.
blankable vacancy would be filled by the
first- and second-out protected extra
yardman and the 4:00 p.m. must-fill
vacancy by the third-out non-protected
extra yardman.
Q-6: In reference to second yardmen positions,
how will extra engines be treated?
A-6: The terms of this Crew Consist Agreement
apply to both regular and extra yard
assignments.
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Q-7: What is the meaning, of the word
"terminal" as used in Article V, Section
Ka)?
A-7: The term "terminal" applies to the entire
geographical territory encompassed within
the switching limits of a given location.
Kansas City Terminal, for example,
contains a number of yards.
Q-8: Is the Carrier permitted to require a
yardman to move from one yard to another
to fill a must-fill position?
A-8: No, except within same terminal limits.
Q-9: If the Carrier requires a yardman to move
from one yard to another yard within the
same terminal limits to fill a must-fill
position, will the Carrier furnish
transportation?
A-9: Yes, if requested.
Q-10: If there are four jobs each with two
vacancies, one must-fill and one blank-
able en each job, and the jobs have the
same starting time, how will these
vacancies be filled?
A-10: The following example sets forth the
procedure to be used:
On-Duty Extra Filling
Job Time Board Vacancies
Job 101 8:00 A.M. (1) P B/H(1) B/H (2)
Job 102 8:00 A.M. (2) P B/H (3) B/H (4)
Job 103 8:00 A.M. (3) NP B/H (5) B/H (7)
Job 104 8:00 A.M. (4) P B/H (6) B/H (9)
(5) NP
(6) NP
(7) P
(8) NP
(9) P
Q-ll: If there are four jobs with the same
on-duty time and the following vacancies,
how will these jobs be filled?
A-ll: The following example sets forth the
procedure to be used:
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On-Duty Expra Filling
Job Time Board Vacancies
Job 101 8:00 A.M. (1) P Regular B/H (1)
Job 102 8:00 A.M. (2) P B/H (2) B/H (4)
Job 103 8:00 A.M. (3) NP B/H (3) B/H (7)
Job 104 8:00 A.M. (4) P Regular B/H (9)
(5) NP
(6) NP
(7) P
(8) NP
(9) P
Section 2. (a) Must-Fill Road Vacancy at Extra
Board PoinElWhen there arenoprotectedbrakemenfur-
loughed and no extra brakemen available and there is a known
must- fill road vacancy, the most junior available road
brakeman, holding a road brakeman position at that location
will be stepped up to fill the position for one trip or tour
of duty.
(b) Must-Fill Vacancy at Far Terminal. At the
away from home terminal, TI there is a known must-f ill
brakemen's vacancy on the first out pool freight crew, a
brakeman regular or extra from the following turn will be
stepped-up to the must-fill vacancy and returned to his
regular turn or extra board position upon arrival at the
home terminal. The extra brakeman will be placed back on
the extra board in his relative position had he not been
stepped-up. In all cases seniority will govern as to which
employee is stepped-up, that is the senior brakeman on the
following turn will have his option if he desires to be
stepped-up.
In the application of this paragraph (b), it is
understood that such trainmen will be used only on assign-
ments operating to the home terminal and that subsequent
trainmen will not be stepped up to fill a vacancy on a crew
from which a trainman has been stepped-up in order to make
that crew a standard crew.
Q-l: Is it the intent to reduce a standard
crew at the away-from-home-terminal when
such crew is called for a train only
requiring a reduced crew by deadheading
the second trainman home?
A-l: No.
Q-2: Under what conditions would a reduced
crew out of the away-from-hone-terminal
^ be returned to the home terminal as a
standard crew?
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A-2: As provided in Article iy.
Q-3: Does this provision permit ti^e Carrier to
operate a reduced crew contrary to the
provisions of the Agreement?
A-3: Kb.
(e) When a conductor is left without brakemen on
his crew as a result of the Carrier stepping-up brakeman/
brakemen at the far terminal and there are no rested
brakemen from the same source of supply to be stepped- up
(at the time he would normally be called), the conductor may
be deadheaded home at that time. The conductor will not
receive the special allowance but the Productivity Fund will
be credited.
(d) Conductors will not be stepped-up to be used
as brakemen and will not be censured or disciplined for
refusal to do so.
(e) A brakeman stepped-up under this Section 2
will be paid the earnings of his original assignment or his
stepped-up assignment, whichever is greater, plus an addi-
tional 50 miles.
Q-l: Do the earnings of his original assign-
ment or his stepped-up assignment which-
ever is the greater mean all penalty
payments including held time,
arbitraries, etc.?
A-l: Yes.
Q-2: Is it understood that when stepping up to
fill a conductor's vacancy at the far
terminal that only working conductors
will be stepped up and the stepped- up
conductor will be compensated under the
Conductor Used Off Assignment Agreement?
A-2: Yes.
Section 3. In the application of this Article V,
employes who are not available to be stepped-up or re-
arranged will not be censured or disciplined.
Section 4. Other than as provided in this
Article V, Section 1, an employe will not be held for a
must-fill vacancy.
Q-l: A brakeman is not available to step up
from a following turn at the away-from-
home-teiminal. May a brakeman on a
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preceding turn be held .for a must-fill
vacancy on a following turn?
A-l: No.
Section 5. Extra Board Regulations.
(a) Extra lists will be regulated in accordance
with existing rules and practices.
(b) The Carrier will maintain a sufficient number
of employes to permit authorized lay-offs and to protect
must-fill vacancies, vacations, personal leave days and
other extended vacancies.
The following questions and answers apply to
Article V where combination extra boards are
maintained:
^ ... -
Q-l: There is a must-fill vacancy in road
service and a must-fill vacancy in yard
service with the same on- duty time. On
which vacancy would the first-cut enploye
on a combination road/yard extra board be
used?
A-l: The first-out enploye would have an
election.
Q-2: There is a must-fill vacancy in road
service and a blankable vacancy in yard
service with the same on-duty time and
the first-out enploye on the combination
extra board is protected. On which
vacancy will the protected enploye be
used?
A-2: The first-out enploye would have an
election, providing the second-out
enploye is also protected. However, if
followed by a non-protected enploye, the
protected brakeman would be required to
take the blankable vacancy.
Q-3: There is a blankable vacancy in yard
service and a blankable vacancy in road
service with the same on-duty time and
the first-out enploye on the combination
extra board is protected. On which
vacancy will the protected enploye be
used?
A-3: The first-out protected enploye will have
an election.
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