ITEM ‑ 92

 

ESTABLISHMENT OF DUAL INTERCHANGEABLE SENIORITY

RIGHTS FOR EMPEOYES IN TRAIN AND YARD SERVICE

 

Section l

 

Effective l2:0l AM, September 2l, 1962, dual interchangeable seniority rights will be establ­ished for trainmen holding brakemen's seniority on the respective road rosters, and yardmen hold­ing seniority on the respective division seniority rosters, as hereinafter provided.

 

Section 2

 

Seniority Districts

 

(a) Nebraska Division:

 

Trainmen ‑

 

1st Seniority District‑Omaha‑Grand Island

 

                     and Branches

2nd    "        "    ‑Grand Island‑North

                     Platte and Branches

3rd    "        "    ‑North Platte‑Sidney

                     and Branches

4th    "        "    ‑Cheyenne‑Sidney

                     and Branches

 

Yardmen ‑ Council Bluffs to Cheyenne (not in­cluding Cheyenne Yard but including Beatrice Yard)

 

(b) Wyoming Division:

 

Trainmen ‑

 

5th Seniority District‑Chevenne‑Laramie

 

6th    ''       ''   ‑Laramie‑Rawlins and

                     Branches

                      _Rawlins‑Green River

                     and Branches

                     ‑Ogden‑Green River

                     and Branches

 

Yardmen ‑ Cheyenne to Ogden (not including Ogden Yard)

 

7th    '

 

8th    ''

 

''

At'

 

(c) Old Colorado Division:

 

Trainmen ‑

 

Entire Division ‑ South of Cheyenne and Julesburg and east of Denver to Ellis and Branches, including the Plainville Branch' Oakley to Plainville

 

Yardmen ‑ Denver and Sterling Yard

 

(d) Kansas Division:

 

Trainmen ‑

 

1st Seniority District‑Kansas City to Marys­

                     ville and Junction

                     City and Branches

2nd     '"       ''   ‑Junction City to Ellis

                     and Branches, in­

                     eluding Plainville

                     Branch, Salina to

                     Plainville

 

St. Joseph and Grand Island

 

Yardmen ‑ Entire Division, including Ellis, Hastings and Marys­ville Yard.

 

Section 3

 

Prior Rights

 

(a) Trainmen holding seniority dates on the respective seniority districts as brakemen in road service as of the close of day on June 22, 1962 wil1 retain prior rights in road service on their respective seniority districts according to their then existing relative seniority status, and will be given a date as or 12:01 AM, June 23, 1962, following the junior yardman on the yard­men's division seniority roster in the same rela­tive standing as on the road roster, subject to the conditions set forth in paragraph (c) of this Section 3.

 

(b) Yardmen holding seniority dates on the respective divisions as of the close of day, June 22, 1962, will retain prior rights in yard ser­vice according to their then existing relative seniority status, and will be given a date as of 12:01 AM, June 23, 1962 on a freight seniority district of their choice (providing selection is on the sane division where the yardman holds seniority) following the junior man on the road freight seniority roster in the same relative standing as on the yard division seniority roster, subject to the conditions set forth in paragraph (c) of this Section 3.

 

(c) Each employe in the respective services as of the effective date of this agreement will have an absolute election to acquire, claim, or reject, seniority rights in the opposite service, as follows:

 

Between l2:0l AM, July 23, 1962, to ll:59 P,~, September 20, 1962, employes holding seniority as brakeman on the seniority districts as shown in Sections 2(a), (b), (c) or (~), hereof, will file . with their respective Division Superintendents a written application to acquire or reject seniority as Yardman on the respective division yard sen­iority roster, and employee holding seniority as yardman on the respective divisions as shown in Sections 2(a), (b), (c) or (d), herein, will file with their respective Division Superintendents a written application to acquire or reject seniority as brakeman on a freight seniority district of their choice (provided the selection is on the same division where the yardmen hold seniority).

 

Employes holding seniority as brakeman or yardman who are temporarily suspended, dismissed from service, or on authorized leave during the entire period specified in this Section 3 shall be granted thirty days after return to service in which to make application for a seniority date in the opposite service, and upon the filling of written application within such thirty day period shall be accorded seniority in the same manner as though their application had been filed during the period specified herein.

 

Brakemen or yardmen who do not elect to ace quire seniority in the opposite service within the sixty day period provided herein and who later desire to do so will be accorded dual sen­iority effective as of the date and time written application is received in the office of the respective Division Superintendents.

 

For purposes of clarification, it is understood:

 

(1) Brakemen on the seniority districts comprising the Nebraska Division, who make applica­tion as provided above, will be added to and ace quire seniority on the Nebraska Division yardmen's seniority roster, and yardmen on the Nebraska Division who make application as provided above, will be required to select one of the freight seniority districts contained within the confines of the Nebraska Division as listed in Section 2(a).

 

(2) Brakemen on the seniority districts comprising the Wyoming Division, who make applica­tion as provided above, will be added to and ace quire seniority on the Wyoming Division yardmen's seniority roster, and yardmen on the Wyoming Division who make application as Provided above, will be required to select one of the freight seniority districts contained within the confines of the Wyoming Division as listed in Section 2(b).

 

(3) Brakemen on the seniority districts comprising the Old Colorado Division who make application as provided above will be added to and acquire seniority on the Colorado Division yardmen's seniority roster, and yardmen on the Old Colorado Division who make application as provided above will be added to and acquire sen­iority on the Old Colorado Division brakemen's seniority roster as listed in Section 2(c).

 

(4) Brakemen on the seniority districts comprising the Kansas Division who make applica­tion as provided above will be added to and ace quire seniority on the Kansas Division yardmen's seniority roster, and yardmen on the Kansas Division who make application as provided above will be required to select one of the freight seniority districts contained within the confines of the Kansas Division as listed in Section 2(d).

 

NOTE: It is understood and agreed that yard­men holding prior right yard date on the old St.. Joseph and Grand Island Railway wil1 be senior to Kansas Division yardmen in the selection of freight rights on the old St. Joseph and Grand Island Railway. Likewise, Kansas Division yardmen who hold prior right yard date on the Kansas Division will be senior to St. Joseph and Grand Island Railway prior right yardmen in the selection of freight rights on the First (Kansas City to Junction City and Marysville and Branches) and Second (Junction City to Ellis and Branches) Seniority Districts.

 

Section 4

 

(a) Employes (brakemen or yardmen) employed on and after 12:01 AM, June 23, 1962, will be accorded a common seniority date in both yard and road service. However, such employee commencing work in yard service will select, for the purpose of deter-mining the road district on which they hold road seniority, one of the freight seniority districts contained within the confines of the division on which they are employed. Such employee will be shown on a separate seniority roster.

 

(b) Trainmen with prior rights in road ser­vice shall have prior rights to promotion to con­ductor in accordance with applicable schedule rules.

 

Section 5

 

(a) Upon establishment of dual seniority in road and yard service, employee working in road service may transfer in the exercise of seniority to yard service, and vice versa, and exercise seniority in the service to which they elect to transfer subject to the condition that they make written application to the Superintendent, and providing their seniority wil1 permit them to work in the service to which transferred) Such transfer shall be made effective not later than 10 days after the extra board covering yard or road district is increased. Yardmen or roadmen not so handled will be granted a special allowance Of three hours at the applicable basic pro-rata rate of pay of the service in which retained for each calendar day held after the expiration of the 10‑day period (including layover and/or rest days), providing the employe is available for service on such calendar days, which shall be in addition to all compensation for actual service performed.

 

(b) An employe exercising such right will be required to remain in the service to which transferring for a period of four months unless reduced to the extra board)

 

(c) In the application of Section 5(a) and (b), it is understood that any employe holding prior rights in either road or yard service may exercise rights in the opposite service in event his seniority will not allow him to work in the service where prior rights are held.  Such employes will be permitted to return to his prior right service at first opportunity.

 

     (d) Employes in yard service and employes in road service will be subject to the provisions of the individual yard and road agreements when working in that particular service.

 

     (e) In the application of this agreement, no deadhead allowances will accrue to:

 

1.      Employes transferring from road service to yard service, or vice versa;

 

2.      Any other employes who may be required to deadhead because of                   the provisions of paragraph one of this section.

 

(f) Employes covered by this agreement, not holding prior rights in either road or yard service, who are affected by force reduction, will not be furloughed until such employes have exhausted their seniority in both road and yard service.

 

(g) Trainmen holding prior rights in road service affected by force reduction will not be required to exercise seniority in yard service before being furloughed, nor will yardmen holding prior rights in yard service affected by force reduction be required to exercise seniority in road service before being furloughed, unless they choose to do so.

 

(h) Furloughed prior right roadmen or yardmen will not be recalled to the opposite service unless they so indicate in writing to their Division Superintendent at they time they are furloughed.

 

Section 6

 

EXTRA BOARDS ‑ EXTRA LISTS

 

Separate extra boards covering road service, and extra lists covering yard service, respec­tively, will be maintained and regulated in accordance with applicable schedule rules and agreements.

 

Section 7

 

It is understood and agreed the terms Of this agreement shall not be construed as changing any of the provisions contained in the existing trainmen's and yardmen's schedules covering dead­heading, or payments for deadheading, affecting employee in road or yard service, except as pro­vided by Section 5(e).

 

Section 8

 

Employes in the exercise of interchangeable seniority rights who have transferred from road to yard service will be governed by rates of pay and rules in yard service, and those who have transferred from yard to road service will be governed by rates of pay and rules in road ser-vice. It is understood and agreed that the terms of this agreement shall not of itself be construed as authorizing abandonment of yard service at any yard or in any manner modifying or amending effective applicable schedule rules with respect to separation of road and yard work.

 

Section 9

 

It is understood and agreed that the pro­visions of this agreement shall not be construed as modifying, amending, or changing the provisions of applicable schedule rules with respect to em­ployes eligible for promotion to conductor and/or protecting seniority as conductor.

 

It is recognized that discuses may arise in the administration of this agreement. Therefore, it is agreed that when such disputes do arise, a conference will be held promptly by the signers of this agreement, their representatives or sucessors, to endeavor to compose the dispute. Such disputes will not be the basis for the filing of claims prior to the conference. In the event the dispute is not amicably settled in conference, the Organization wil1 then be free to submit claims in the usual manner.

 

 

Section lO

 

Nothing contained herein shal1 be construed as modifying or changing schedule rules or agree­ments except as herein specifically provided for.

 

Section 11

 

This agreement is effective as of 12:01 AM, June 23, 1962, and shall remain in effect subject to provisions of the Railway Labor Act.

 

FOR THE BROTHERHOOD OF RAILROAD TRAINMEN:

 

/s/ J. T. Shepherd

General Chairman