RULE 92. (1)
Rights. (a) Conductors'
rights will date from the day they pass the required Transportation Department
examinations except as provided in Rule 90(e).
(b) Brakemen's rights will date from the time they pass the required
Transportation Department rules examination. Date and time rules examination is
completed will be recorded on Form 2197 "Application For and Record of
Examination."
Seniority rights established by brakemen will automatically terminate
co-effective with the date the employe reaches the age of seventy (7O) years,
and no person shall be employed as brakeman on or after reaching the age of
seventy (70) years.
(2) when employing brakemen, experienced trainmen will be given
preference.
(3) Conductors and brakemen voluntarily leaving the service will forfeit
all seniority rights and if they re-enter, will be considered new employee.
(4) Rights to runs, everything being equal, will be governed by seniority
except as herein provided.
Note: See Appendix "A" - Item
40.
(5) Rights of conductors and brakemen will be confined to their
respective districts; branch lines will be considered a part of the district
with which they connect.
(6) Crews will be confined to their respective districts and transfer of
rights will not be permitted.
Note: See Appendix "A" --Items 92(u) and
92(u-1).
(7) Yard employes have rights in train service as provided in the June
23, 1962 Dual Rights Agreement.
Note: See Appendix "A" - Items 92 and
92(a) through 92(a-13).
(8) All brakemen entering the service will hold equal rights as freight
and passenger brakemen, if and when they are qualified by appearance and tact to
meet the public as passenger brakemen
RULE 92
(9)(a) Interdivisional runs will be manned by trainmen holding rights
over such districts in proportion to the mileage each seniority district
furnishes to the run, except as herein otherwise provided.
Note: See respective I.D. Agreements.
Note: Mileage as referred to in this rule does not include terminal
time or time accruing under Rule 74.
(b) Extra or irregular passenger trains running over former Colorado
Division and Wyoming Division between Denver and Green River and Green River to
Cheyenne will be manned by crews from either district based upon percentage of
mileage.
(c) Crews in North Platte-Sterling freight pool will not be called for
known turns between Sterling and Julesburg when Denver pool crews are available
at Sterling.
(lO) North Platte Branch and North Platte Cut off (a) Gering will be the
main line district terminal for the purpose of computing compensation of
conductors and brakemen, and all present effective schedule rules applicable to
such terminal will be effective at Gering.
Note: See Appendix
"A" - Item 92(b).
(b) Conductors and brakemen
holding rights upon the North Platte and Cheyenne passenger districts will man
and operate all passenger service between North Platte and Cheyenne via any
intermediate point.
(c) Conductors and brakemen holding rights upon the Third District will
man and operate all freight service between North Platte and Gering, including
Gering.
(d) Conductors and brakemen
holding rights upon the Fourth District will man and operate through, local, and
unassigned freight service between Cheyenne and Gering.
(e) Conductors and brakemen
holding rights upon the Third District will man and operate all through, local,
assigned and unassigned freight service between Gering and South Torrington,
including Yoder, except as provided for in Paragraph (f).
(f) Conductors and brakemen
holding rights upon the Fourth District may man and operate unassigned freight
service between Egbert and South Torrington, or to any intermediate points.
(g) Conductors and brakemen
holding rights on the Fourth District will man and operate all freight service
between Egbert and Yoder, except as noted in Paragraph (h).
(h) Conductors and brakemen
holding rights on Third District will man and operate beet and switching service
between Yoder and Lagrange until sugar factory is erected in Lagrange territory.
(11)(a) Seniority rosters
showing name and seniority date will be maintained for each seniority district.
Seniority rosters will be brought up to date and posted annually at a
place accessible to all employes affected, and copy furnished Local and General
Chairmen. Commencing June 1975, the Carriers will provide each General Chairman
with a list of employes who are hired or terminated, their home addresses, and
Social Security numbers if available, otherwise the employes' identification
numbers. This information will be limited to the employes covered by the
collective bargaining agreement of the respective General
Chairmen. The data will be supplied within 30 days after the month in which the
employe is hired or terminated. Where railroads cannot meet the 30-day
requirement, the matter will be worked out with the General Chairman.
(b) Seniority rosters will,
prior to posting, be officially approved by the General Chairmen and Director of
Labor Relations. Seniority dates of employes as shown on seniority rosters so
approved, will be open for correction of errors, and upon presentation of proof
of error, correction will be made by agreement between the General Chairmen and
the Director of Labor Relations.
(12) Conductors and brakemen in service one year or more, accepting
official position representing the company or its train service employes, will
retain their seniority rights.
Conductors or brakemen returning to service from official positions
representing the company or its train service employes will be considered the
same as conductors or brakemen losing their assignment through reduction in
force, through no fault of their own, or displaced from assigned runs that are
in effect 90 days or less, and will be governed by provisions of Rules 92(17)(a)
and 92(18).
(13) BLANK.
(14) Conductors and brakemen assigned under bulletin to a run or vacancy
will hold the assignment 1 year or for the unexpired portion of the year from
date of annual bulletin, subject to the provisions of Sections (15), (16), (17),
(20), and (22) of this rule.
Note: See Appendix
"A" - Item 92(c).
RULE 92
(15) Assigned freight conductors and brakemen may at any time voluntarily
relinquish their assignment, but will, except where extra boards are maintained,
remain on their assignment until expiration of bulletin.
Conductors relinquishing their assignment will displace the junior
conductor in pool freight service when seniority permits. If unable to displace
as conductor he will displace either the junior head brakeman or the junior rear
brakeman in pool freight service.
Where segregated pools exist on the same seniority district, conductors
relinquishing their assignment may displace the junior conductor in pool of his
choice. If unable to displace as conductor he will be permitted to displace
either the junior head brakeman or the junior rear brakeman in pool of his
choice.
Brakemen relinquishing their assignment will be permitted to select
position of their choice, rear end or head end, in pool freight service, but
will displace the junior brakeman holding such position.
Where segregated pools exist on the same seniority districts, brakemen
relinquishing their assignment may select position of their choice, rear end or
head end, in the pool of their choice, but will displace the junior brakeman
holding such position in that particular pool.
Note: See Appendix
"A" - Item 92(d).
RULE 92
(16) Assigned passenger conductors and brakemen may at
any time voluntarily relinquish their assignments and will displace the junior
conductor or brakeman in passenger service.
Brakemen assigned to passenger service may exercise their seniority to
pool freight service on turns that are added to the freight pool provided they
have written application on file at freight terminal for such service prior to
the addition of the pool turn or turns.
RULE 92
(17)(a) Conductors
and brakemen in assigned service losing assignment through reduction in force or
through no fault of their own, shall be assigned to run or vacancy of their
choice held by a junior conductor or brakeman, subject to provisions of Section
(d) of this rule and Rule 92(18). When assignments are re-bulletined in
accordance with the provisions of Rule 93(e), conductor or brakeman affected may
fill such positions during period of bulletin in accordance with their
seniority.
(b) Conductor or brakeman
returning from leave of absence may exercise seniority on assignments bulletined
during such absence.
Note: See Appendix
"A" - Item 44(f).
(c) A conductor or brakeman loses his assignment or pool freight position
when a senior conductor or brakeman makes application for the run.
(d)(1) When there is more than one junior conductor on assignment or run
a conductor selects, and no difference in terminals or layovers, he will
displace the junior conductor.
(2) Freight conductors
displaced under the provisions of this rule returning to pool freight service
will displace the junior conductor in such service.
(e)(1) When there is more than one junior brakeman on assignment or run
operating out of a terminal where an extra board is maintained, and no
difference in terminals or layovers, brakeman shall displace any junior brakeman
on the assignment or run selected.
(2) When there is more than one junior brakeman on assignment or run
operating out of an outlying terminal where no extra board is maintained, and no
difference in terminals or layovers, brakeman shall displace the junior brakeman
on the assignment or run selected.
(3) Where assignments exist at outlying points such as beet runs, the
brakeman may displace the junior brakeman on any individual run.
(4) A junior brakeman displaced through application of this rule and
making displacements in assigned service will be governed by the above
paragraphs, whichever applicable.
RULE 92
(18) Conductors and brakemen displaced from assigned
runs which are in effect less than ninety days, and conductor or brakeman
dismissed from service and subsequently reinstated, will, seniority permitting,
return to their former assignment, crew or position. If unable to return to
their former assignment, crew or position, they may exercise seniority.
Conductors and brakemen displaced under provisions of this rule, will, seniority
permitting, return to former assignment, crew or position. If unable to return
to former assignment, crew or position, they may exercise seniority.
(19) Brakemen in
pool freight service losing position through reduction in crews or through no
fault of their own, will displace any junior brakeman in pool freight service,
but shall not displace a junior conductor or brakeman in assigned service,
unless there is no junior brakeman in pool freight service.
Displacements shall be made at home terminal.
Note: See Appendix
"A" - Items 92(e) and 92(f).
(20)(a) When a conductor loses his right to hold a turn in pool freight
service as conductor through reduction in force or through no fault of his own,
he shall be assigned to a run or vacancy of his choice in accordance with his
seniority.
(b) A conductor in assigned service who cannot hold a pool turn as a
conductor or who cannot hold a pool turn as a brakeman will be permitted to
return to pool freight service as a brakeman at the time pool crews are added or
when permanent vacancies occur in the pool. He will also be permitted to bid in
vacancies under bulletin for brakemen in assigned service in accordance with the
provisions of Rule 93(b).
(c) A conductor cannot exercise his seniority to temporary vacancies as
brakemen in any class of service when he is holding a position of conductor,
temporary or permanent.
(21) Conductors and brakemen laid off in reduction in force will retain
and accumulate seniority and will be returned to service in the order of their
seniority provided they keep the Superintendent advised of their current
address. Failing to return to service within 30 days after being notified by
mail or telegram sent to the last address given, they will be considered out of
the service and forfeit seniority unless granted leave of absence in accordance
with Rule 88.
Note: See Appendix "A" - Items 92 and
92(a) through 92(a-13).
(22) Senior head end brakemen in
pool freight service having application on file for rear end position will be
assigned to such position when crews are added to the pool or when rear end
vacancy in such service otherwise occurs.
Note: See Appendix "A" - Items
92(g), 92(h) and 92(i).
RULE 92
(23) Any freight conductor who refuses to accept a
regular pool assignment in freight service in preference to extra freight
service when his seniority entitles him to the same; or who refuses to accept an
assignment as extra passenger conductor upon his seniority rights; or any extra
passenger conductor who refuses to accept a regular assignment in passenger
service upon his seniority rights, shall surrender his seniority rights to the
conductor accepting such service.
Note: This rule not
to apply on the St. Joseph and Grand Island
Subdivisions.
Note: See Appendix
"A" - Items 43(d-4),
92(j), 92(k), 92(k-1),92(L) and 92(m).
Note: This rule not
to apply on the 7th Seniority District. See
Appendix "A" Items 92(r) and
92(r-1).
(24) Brakemen will not be permitted
to remain on freight extra board when their seniority entitles them to hold a
regular position in pool freight service.
Note: This rule not
to apply on the St. Joseph and Grand Island
Subdivisions.
Note: See Appendix
"A" Items 45
and 92(n).
Note: This rule not
to apply on the 7th Seniority District. See
Appendix "A" - Items 92(r) and 92(r1).
(25) The Provisions of This Section (25) Apply to Trainmen on the
Fourth Subdivision, Ogden-Green River, in Lieu of Rule 18, 92(23), 92(24). (a) Conductors and brakemen may exercise their
seniority rights from one class of train service to another, as provided in
schedule rules or when pool freight crews are added.
(b) Brakemen will not be
permitted to remain on the brakemen's extra board when their seniority entitles
them to hold a regular position in pool freight service.
(c) The senior available pool
freight conductor will be required to do the extra passenger work unless an
extra conductor senior to the pool conductor holding an assigned run as a
brakeman is available and has signified in writing his desire to be called for
extra passenger conductor's work. The written notice shall remain in effect
until terminated in writing and in no case can a change be made for less that a
30-day period. Extra conductor will fill vacancy in position of conductor on his
own assignment, seniority permitting.
When no employe as stated above with uniform is available, senior
available assigned freight conductor having uniform will be used.
(d) Temporary vacancies in assigned passenger service of six days or more
duration will be filled by senior conductor or brakeman having uniform who makes
written application for such vacancies and conductor or brakeman so assigned
will remain on the vacancy until displaced by a senior conductor or brakeman or
the regularly assigned conductor or brakeman returns to service, except that
conductors and brakemen filling such vacancies may make written applications for
other temporary vacancies of six days or more duration in assigned passenger
service. Conductor or brakeman moving from one temporary vacancy to another
temporary vacancy in assigned passenger service as contemplated in this rule
will not be permitted to return to any temporary vacancy held previously unless
he has been displaced in accordance with schedule rules. In no event will a
conductor or brakeman be allowed to move from a temporary vacancy on one crew to a
temporary vacancy on another crew of the same assignment unless he has been
displaced in accordance with schedule rules.
(e) Freight conductors used to fill vacancies of less than ten days as
passenger conductors, will receive standard passenger rate of pay but not less
than they would have earned had they remained on their freight assignment.
(f) Extra passenger conductors who lay off of their own accord or who
cannot be located at calling time will be held off for 24 hours or until the
turn called for returns to home terminals. It is understood that this provision
does not estop the management from administering such discipline as it deems
proper for missing a call.
(g) Employes who are required to deadhead because of direct or indirect
application of this agreement will not be allowed deadhead miles.
(26) The Provisions Of This Section (26) Apply To Conductors and
Brakemen On The Julesburg and Northern Districts, Former Colorado Division, in
Lieu Of Rules 92(23) and 92(24).
(a) Conductors and brakemen may exercise their seniority rights from one
class of train service to another, as provided in schedule rules or when pool
crews are added, except that conductors who are physically fit will not be
permitted to work as brakemen when they can hold a regular position as conductor
in pool freight or passenger service.
(b) Conductors will not be
permitted to remain on extra board when their seniority entitles them to hold a
regular position in pool freight or passenger service.
(c) Brakemen will not be
permitted to remain on passenger extra board if they can hold a regular
assignment in passenger service. Neither will they be permitted to remain on the
freight extra board if they can hold regular position in pool freight service. I
Note: See Appendix
"A" - Item 92(o).
(d) The senior available
freight conductor will be required to do the extra passenger work, except that
conductors on assigned freight runs who indicate, in writing, at time they are
assigned to such runs, that they do not desire to be called for extra passenger
service, will not be used if other conductors with uniform are available.
Conductors on assigned freight runs who do not indicate, in writing, that they
do not desire to be called for extra passenger service, as herein provided, will
be required to accept call for extra passenger work regardless of their freight
assignment.
Note: See Appendix
"A" - Item 92(p).
RULE 92
(27) Bulletins--Denver,
Julesburg and Northern Districts, former
Colorado Division. (a) When
bulletins are posted for freight conductors on the Denver, Julesburg or Northern
Districts, all
conductors on the division seniority roster will be
permitted to make application for such vacancies, with the understanding that
applications from conductors who hold district rights on the district where the
vacancy exists will be senior to other applicants.
(b) When written applications are not received for bulletined vacancy for
freight conductors, the junior conductor of the division, who at that time is
working as brakeman on the Denver, Julesburg or Northern Districts, will be
assigned.
Junior promoted conductors working on Hugo or Ellis Districts or North
Platte-Sterling pool at the time conductors are assigned to vacancies because of
no applications being received will, when they return to work out of Denver, be
required to place themselves on such assignments if still filled by senior
conductors who were forced on the assignments. If more than one such forced
assignment exists, the senior conductor will be displaced first.
(c) Vacancies for brakemen on the Denver, Julesburg and Northern
Districts will be filled in the same manner as provided for in paragraphs (a)
and (b) above.
(d) Brakemen working on the
extra passenger board at Denver will not be required to fill bulletined
vacancies as brakemen in freight service on their seniority district in event no
applications are received.
(e) Deadheading incident to
filling the assignment under bulletin will be compensated for in accordance with
schedule provisions. No compensation will be allowed for deadheading incident to
the application of this rule after the assignment has been filled under the
rule, except that the conductor or brakeman holding the assignment at the time
it is discontinued will be allowed deadhead mileage from the assignment.
(28) Extra Boards - Former Colorado Division.
Extra brakemen will be given choice of extra boards in accordance with
their seniority, and may transfer from one board to another, but must
remain on board on which working until they can be
relieved. Brakemen desiring to transfer to another board will make application
to do so, and will be relieved as promptly as possible.
It is further agreed that the application of this agreement will not
operate to penalize the company in any way. Where payment for deadheading is
required under the schedule rules, such payment will be limited to deadheading
on the district where the service is required.
Note: See Appendix
"A" - Item 92(p).
RULE 92
(29) Establishment of 13th Seniority District.
(a) Effective October 1, 1976, a new seniority district will be
established for conductors, brakemen and yardmen to be identified as follows:
13th Seniority District. East
Switch, Point of Rocks, to and including
West Switch, Granger, and all yards and branches within this territory.
(b) Conductors and brakemen
holding a seniority date as conductor or brakeman on or before September 30,
1976 on the 7th or 8th Seniority District will retain all rights to assignments
operating exclusively within territorial limits of the 7th or 8th District and
will be granted rights on the 13th Seniority District. Yardmen holding a
seniority date as such on or before September 30, 1976 on the Wyoming Division
Seniority District will retain all rights to yard service within the territorial
limits of the Wyoming Division District and will be granted rights in the yards
of the 13th District. Employes acquiring seniority as brakeman on the 7th or 8th
District and/or as yardman on the Wyoming Division District on or after October
1, 1976 will hold no rights to service in the 13th District. Employes acquiring
seniority as yardman-brakeman on the 13th District on or
after October 1, 1976 will hold road and yard rights on the 13th District only.
(c) Road service in the
territory described in Section (a) above may be handled by Combination Road and
Yard Switchers under the provisions of Rule 58 of the Rules Agreement.
(d) A Common extra board will be maintained at Green River to handle
extra and unassigned road and yard work of the 13th District.
(e) Except as otherwise
provided in this agreement, 13th District employes will handle road and yard
service in the territory described in (a) above.
(f) 13th District employes
will man short turnaround service which is called to operate exclusively within
the 13th District.
(g) Work trains and locals
operating exclusively within 13th District territory will be manned by 13th
District employes. Work trains operating both inside and outside this territory
will be manned by 7th or 8th District trainmen, except that when work trains
originate or operate more than four (4) miles within the territory identified as
the 13th District, such work trains will be manned by 13th District employes
while so operating. 7th or 8th District trainmen required to perform work train
service which originates or operates more than four (4) miles within this
territory will be allowed a penalty of 100 miles. Yard service within the
territorial limits of the 13th District will be manned by 13th District yardmen.
(h) Dogcatching of trains
manned by 13th District employes will be handled by 13th District employes.
Dogcatching of trains manned by 7th or 8th District trainmen dying in the
territory described in (a) above will also be-handled by 13th District employes.
If 7th or 8th District trainmen are used to dogcatch 7th or 8th District trains
dying in the territory described in (a)above, they will be allowed a penalty of
50 miles.
(i) The following is added to
Rule 32(c) of the Roadmen's Rules Agreement and Rule 32(a) of the Yardmen's
Rules Agreement:
13th District road crews may make one pick up and one set out, or
two pick ups or two set outs in the Green River and/or Rock
Springs yards. 13th District road crews may make
two spots of revenue cars from their
train in the Green River and/or Rock Springs yards. 13th District road crews may spot
non-revenue cars from their train in the Green River and/or Rock Springs yards; however,
these spots of non-revenue cars cannot exceed a total of five in any calendar month.
13th District road crews may place one car or one cut of cars
from their train into a waiting train at Green River or Rock Springs in
order to avoid delay to such waiting train. However, if the waiting train is manned by an interdivisional crew
operating through Green River or Rock Springs the interdivisional crew on the waiting train will be allowed
actual time consumed in the
placement of the car or cut of cars by the 13th District road crew at the pro rata rate of pay with a minimum allowance of one
hour.
(j) 7th or 8th District
trainmen destined Green River who die under the law enroute Green River between
Point of Rocks and Granger will be deadheaded no later than on the first
following train moving to Green River and if not so deadheaded will be allowed a
penalty of fifty (50) miles for each train not deadheaded on.
(k) There will be no
restriction in the number of pick ups and set outs that can be made by 7th or
8th District trainmen in the road territory described in (a) above. In
consideration of this, the following will apply to 7th and 8th District
trainmen:
Paragraph (a) of Part III "Rule Changes" of the UTU(C)&(T)
Interdivisional-Runs Agreement dated May 22, 1972 modifying
paragraph (a) of Rule 29 "Overtime" of the Rules Agreement.
(1) 8th District trainmen will
be allowed a minimum allowance of the actual miles of a turnaround trip Salt
Lake or Ogden to Green River and return if they go beyond Evanston on the
eastbound trip. 7th District trainmen will be allowed a minimum allowance of the
actual miles of a turnaround trip Rawlins to Green River and return if they go
beyond Point of Rocks on the westbound trip.
(m) 7th District trainmen who
are in service on September 30, 1976 will be allowed basic rate for actual road
miles run. 7th District trainmen hired on or after October 1, 1976 will be
allowed actual miles run with the first 100 miles run paid for at the basic rate
of pay and all miles run over 100 miles paid for at the mileage rate of pay. 8th
District trainmen who are in service on September 30, 1976 will be allowed basic
rate for 200 road miles when making a terminal to terminal trip between Ogden
and Green River. 8th District trainmen hired on or after October 1, 1976 will be
allowed actual miles run with the first 100 miles run paid for at the basic rate
of pay and all miles run over 100 miles paid for at the mileage rate of pay.
(n) For one year beginning
October 1, 1976 employes on the 8th District who would otherwise be furloughed
must exercise their seniority to the 13th District. Failing to exercise their
seniority they will forfeit their protection under Section 15 hereof for the
period of time which they fail to exercise such seniority.
(o)(1) Employes in District 7 or 8 with a seniority date prior to June 1,
1976 who become furloughed after October 1, 1976 will be protected at an amount
equivalent to 3800 miles per month at the through freight basic rate-of pay for
a period of six years from October 1, 1976. Employes in District 7 or 8 with a
seniority date of June 1, 1976 or later who become furloughed after October 1,
1976 will also be protected at an amount equivalent to 3800 miles for a period
no longer than the length of their seniority as of October 1, 1976.
(2) Yardmen with road rights in the 8th District who are in service on
September 30, 1976 will not be required to exercise their yard seniority to any
yard east of Rock Springs, Wyoming in order to keep from becoming a furloughed
employe under paragraph (1) of this (o).
(p) An employe assigned to the 13th District extra board will be entitled
to his pro rated portion of a monthly guarantee of 3000 miles at the yard helper
rate of pay for each full calendar day on which he protects or is available on
such extra board. The Company will regulate the extra board.
(q)(1) Effective October 1,
1976 a 7th or 8th District employe who is not assigned to the 13th District who
is required by the Company to perform service on the 13th District, except
making pick-ups and/or set outs, and except as otherwise provided in this
agreement, will be allowed a penalty of 100 miles; a Wyoming Division yardman
who is not assigned to the 13th District who is required by the Company to
perform service on the 13th District, except as otherwise provided in this
agreement, will also be allowed a penalty of 100 miles for each calendar day so
held.
(2) 7th or 8th District
trainmen and Wyoming Division yardmen who are required to perform service on the
13th District under the provisions of paragraph (1) of this (q) will be
furnished lodging and will be allowed meal allowances.
(3) Employes holding a
seniority date on the 8th District prior to October 1, 1976 who do not maintain
a residence at Green River or Rock Springs and who are working at Green River or
Rock Springs pursuant to Section 14 of this agreement will be furnished lodging
for a period no longer than one year from October 1, 1976.
Note: See Appendix "A" - Items 92(q),
92(q-1), 92(q-2),
92(q-3) and
92(q-4).
Note: See Appendix "A" - Items 92(r) and 92(r-l)
Note for Entire Rule: See Appendix "A" - Items 92(s) and
92(t), Brakeman
Used Off Assignment Agreement and Conductor Used Off
Assignment
Agreement.