AGREEMENT "A"
This Agreement made this 25th day of May, 1951, by and between the participating carriers listed in Exhibits A, B, and C and represented by EASTERN, WESTERN and SOUTHEASTERN CARRIERS' COMMITTEES, and the employee shown thereon and represented by the BROTHERHOOD OF RAILROAD TRAINMEN through their conference committee.
ARTICLE 3 - FIVE-DAY WORK WEEK
Section 1. (a) Beginning on the date this Agreement becomes effective on any carrier, such carrier will establish, for all classes are crafts of yard service employees covered by this Article 3,subject to the exceptions contained therein, a workweek of 40 hours, consisting of five consecutive days of eight hours each, with two days off in each seven, except as hereinafter provided. The foregoing workweek rule is subject to all other provisions of this Article 3.
(b) Due to the necessity of changing existing assignments to conform to the reduced workweek provided for in Section 1, the Carriers will, prior to the effective date, post notices or bulletins as required by schedule, both in rules or practices in effect.
(1) Railroads or portion thereof on which yard assignments or bulletin: Listing the days off of regular assignments and advertising regular relief assignments.
(2) On properties were portions thereof operating under the strict seniority or mark-up plan yard service employees shall select and the assigned "days off" periods as provided for below:
(a) Listing regular assignments according to service requirements.
(b) After all known assignments for yard service employees have been posted, all yard service employees will be required to make seven choices of their preferred "days off" period and the local chairman and local officers will cooperate in assigning the employee their "days off" period in accordance with her seniority. After "days off" have been assigned yard service employees will exercise seniority on the days of their workweek in accordance with rules or practices in effect on individual properties are yards.
(c) After the "days off" periods have been assigned as referred to in Section 1(b) to 2(b) days off periods to assigned individual employees shall remain unchanged except when a vacancy occurs in a "days off" period, a new assignment is created, or when affected by a force reduction. Employees exercising seniority to other "days off" period will be governed by the provisions of Section 11 (b).
(d) Extra men will be handled in accordance with Section 6.
(3) The changes as enumerated above shall begin on the effective date of this Article 3,and employees may exercise seniority rights to select the assignment, or days off of their choice.
(4) After assignments as referred to in Section 1 (b) (1) and Section 1 (b) (2) (a) have been made changes thereafter shall be made in accordance with schedule, bulletin rules or practices in effect.
Section 2. The term "workweek" for regularly assigned employee shall mean a week beginning on the first date on which the assignment is bulletin to work, and for extra or assigned employees shall mean a period of seven consecutive days starting with Monday.
Section 3. (a) One service as required by 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 would not protected in the foregoing manner. (This does not disturb rules or practices on roads involving the use of emergency men or an assigned employees.) 4 regular relief assignments are established, they shall, except as otherwise provided in this agreement, have five consecutive days of work, designated days of service, definite starting times on each shift within the time period 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 off-duty within the same seniority district would shall be the same as those of the employee or employees their relieving, except that any seniority district having more than one extra board, such relief assignments as are established shall be manned from the territory allotted to the particular extra board.
(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 times on different ships on different days, within the time period specified in the starting time rules, and on different days may have different points for going on off duty in the same seniority district for shall be the same as those of the employee their employees their relieving, except that in the seniority district having more than one extra board, such relief assignments as are established will be manned from the territory allotted to a particular extra board.
(c) After the starting time and days of service have been established, changes therein may be made only in accordance with schedule or bulletin rules.
(d) Rules providing for assignments of cruise "for a fixed period of time would shall be for the same hours daily" will be relaxed only to the extent provided in (a) and (b) of this Section 3.
(e) Regular relief assignments for yard crews will be established for the crew as a unit, except in yards operating under strict seniority or markup rules. However, if an operational problem exists or rises which makes it impracticable to relieve regular or regular relief crews as a unit, or if either of the parties my property desires, the designated days off need not be the same for individual members of a crew.
Representatives of the carrier and of the employees will cooperate in designating days off of individual members of a crew.
NOTE: It is recognized in the application of the foregoing that the nature of the work on certain assignments will require that some member or members of the crew have knowledge of the work of the assignment and that this will be considered one of the operational problems
(f) Except as otherwise provided for in this Section 3, rigor relief assignments shall be established in conformity with rules in agreements or practices in effect on individual properties governing starting times and bulletining of assignments, and when so established may be changed thereafter only in accordance with schedule and bulletin rules.
Section 4. At points for does not practicable to grant to consecutive days off in the workweek to rigor reassigned or regular relief employees, agreements may be made on the individual properties to provide for the accumulation of days off over a period not to exceed five consecutive weeks.
If the carrier contains it is not practicable to grant to consecutive days off to the rate reassigned or irregular relief employee and that it is necessary to establish non-consecutive days off, representatives of the carrier and representatives of the employees will confer an endeavor to agree upon accumulation of days off of the establishment of non consecutive days off. If such representatives fail to agree, the carrier may nevertheless establish non consecutive days off, subject to the right of the employees to process the dispute as agreements or claim under the rules agreements, and in such proceedings the burden will be on the carrier to prove that it was not practicable to grant to consecutive days off.
Section 5. On properties were men hold seniority in both wrote in yard service and work from common extra board protecting both classes of service, such extra board will be separated except as otherwise provided in the Note following this Section 5. On those properties separate extra board's covering wrote in yard service respectively will be established and regulated in accordance with applicable rules on the individual properties consistent with service requirements. Employees on, next to boards which are separated will exercise or choice to work on either the rotor yard board in accordance with your seniority rights.
Employees selecting yard extra boards will remain on same for early seven calendar days, except when cut off by reduction in force, when required to protect her seniority is yard masters, or when they did in a regular assignment in yard service as hereinafter provided.
Regular or extra yard service employees bidding into row service, Reagan are or extra, will not be permitted to work inroads service other than as provided in the following paragraphs until their scratch that until the expiration of their workweek in yard service. Employees on the yard extra board of bidding and Reagan are or rigor relief assignments in yard service their employees on strict seniority or markup boards exercising seniority to different "days off" periods will be governed by the provisions of Section 11 of this Article 3.
Employees selecting yard service under this Section 5 will be considered as not available for road service during any workweek except as provided herein. Where one of the boards becomes exhausted, employees on the other board may be used for work ordinarily following command off the exhausted extra board and will be considered as still attached to the board of their selection. Such employees will be compensated for each tour of service on the basis of payments as provided for by rules in effect on various properties covering service performed from common extra boards.
Rules relating to the exercising seniority will be relaxed to the extent necessary to comply with this Section 5.
NOTE: in instances where because of the limited amount of work involved separation of such boards is not practicable, the matter shall be negotiated between representatives of employees and representatives of management on individual properties and reasonable arrangements entered into looking to the maintenance of common boards.
Section 6. Extra or unassigned employees may work any five days in the workweek in their days off need not be consecutive.
Section 7. (a) In event a regular or regular relief job were assignment is annulled for one day or more, the yard service employee or employees holding the job or assignment may exercise their seniority in accordance with rules in effect on the property.
(b) Any yard service employee or employees who because of their seniority standing, or for other reasons, are unable to place themselves on a regular job were assignment on the day or days or job were assignment is annulled, will revert to the extra board and be placed thereon, in addition to the manned debt on the extra board, in accordance with rules in effect on the property.
(c) In event a regular or regular relief job or assignment is annulled for one day or more and any or all of the displaced yard service employees are unable to displace an employee or employees with lesser seniority on each day or days, thereby being deprived of working one or more of the five days of the job were assignment, such yard service employee or employees, if one selecting so desire, shall be placed on the extra board in addition to the manned debt on the board chose to be available for work on the sixth and/or 7th day of the workweek to provide them an opportunity to work five straight time shifts during the workweek, provided: (1) that such yard service employees endeavor to exercise their seniority as provided in paragraphs (a) and (b) of this Section 7, (2) that such yard service employees or use from the extra board in accordance with rules in effect on the property and (3) that such service for the first eight hours on since sixth and/or 7th days will be paid for at straight time rates, until such employee or employees have work five straight time shifts in that workweek, any service in excess of eight hours on such days to be paid for under the overtime rules.
Section 8. (1) Existing rules which relate to the payment of daily overtime for regular yard manned and practices thereunder or not change hereby and shall be understood to apply to regular relief men, except the work performed by regular relief manned on assignments which conform with the provisions of Section 3 shall be paid for at the straight time rate
(2) Current overtime rules relating to extra yard manned our canceled as of the effective date of this agreement and the following will apply:
Except as indicated below or when changing off for it is a practice to work alternately days and nights for certain periods, working through two ships to change off, or where exercising seniority rights, all-time work in excess of eight hours continuous service in a 24-hour period shall be paid for his overtime on next of minute basis at one and one-half times the hourly rate.
In the application of this rule, the following shall govern:
(a) This rule applies only to service paid on hourly or daily basis and not to service paid on mileage or road basis.
(b) A tour of duty in road service shall not be used to require payment of such overtime rates in yard service, (The term quote road service", as used in this paragraph (b)), shall not apply to employees paid road rage, but governed by yard rules.)
(c) Where an extra man commences work on a second shift in a twenty-four hour period he shall be paid at time and one-half percent for such second shift except when it is started twenty-two and one-half to twenty-four hours from the starting time of the first shift.
A 24-hour period, as referred to in this rule, shall be considered as commencing for the individual employee at the time he started to work on the last shift on which is basing day was paid for at the pro rata rate.
(d) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the pro rata rate for the first eight hours of work following such change
(e) Except as modified by other provisions of this rule, and extra employee working one shifts in one grade of service in the second shift in another greater service shall be paid time and one-half for the second shift, the same as though both ships were the same grade of service, except where there is another man available to perform the work at pro rata rate.
NOTE (1): On railroads were a seniority board is in effect in cases where there is a man or man on such board available for work at the pro rata rate, a senior man who exercises his seniority to work two shifts, the second of which would otherwise, under the provisions of this rule, be paid at the overtime rate, shall be paid at the pro rata rate.
NOTE (2): The adoption of this rule shall not affect any existing rule in the schedule of any individual carrier relating to service performed on a succeeding trick when an employee's relief fails to report at the fixed starting time.
NOTE (3): On such roads as have an existing rule or practice differing from the rule of the Dec. 12, 1947 Agreement, titled "OVERTIME RATE IN YARD-SERVICE EXTRA MEN", and providing for paid at time and one-half, without exception, to extra yard manned performing a second tour of duty in a 24-hour period, the Employees Committee may elect to retain the existing rule or practice in lieu of this rule.