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.

 

 

.hours on such days to dc psj.u -iw* -..—— ..._

Section 8. (1) Existing rules which relate to the payment
of daily overtime for regular yardmen and practices thereunder
are not changed hereby and shall be understood to apply to regular
relief men, except that work performed by regular relief men 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 yardmen are
cancelled as of the effective date of this agreement and the fol-
lowing will apply:

Except as indicated below or when changing off where
it is the practice to work alternately days and nights for
certain periods, working through two shifts to change off,
or where exercising seniority rights, all time worked in
excess of eight hours continuous service in a twenty-four
hour period shall be paid for as overtime on a 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 an
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 rate in yard service.
(The term "road service", as used in this paragraph (b),
shall not apply to employes paid road rates, but governed
by yard rules.

(e) 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 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 twenty-four hour period, as referred to in this rule,
shall be considered as commencing for the individual employe
at the time he started to work on the last shift on which
his basic 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, an extra enploye working one shift in one grade of
service and a second shift in another grade of service
shall be paid time and one-half for the second shift, the
same as though both shifts were in the same grade of service,
except where there is another man available to perform the
work at pro rata rate.

NOTE (1): On railroads where a seniority board is in
effect in cases where there is a man or men 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

46provlaiona 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 employe's relief fails to report at the
fixed starting time.

NOTE (3); On such roads as have an existing rule 01
practice differing from the rule of the December 12,
1947 Agreement, titled "OVERTIME RATE IN YARD SERVICE-
EXTRA MEN", and providing for pay at time and one-hair,
without exception, to extra yard men performing a
second tour of duty in a 24-hour period, the Employes'
Committee may elect to retain the existing rule or
practice in lieu of this rule.

(3) Employes worked more than five straight time eight hour
shifts in yard service in a work week shall be paid one and one
half times the basic straight time rate for such excess work
except: 

(a) Where days off are being accumulated under
Section 4 of this Article 3;

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

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

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

(e) 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 at the straight time rate
is paid to a yard service employee for other service performed
or started during the course of his regular tour of duty, such
additional day win not be utilized in computing the five straight
time eight-hour shifts referred to in this paragraph (3).

(4) There shall be no overtime on overtime; neither shall
overtime hours paid for, nor time paid for at straight time rate
for work referred to in paragraph (3) of this Section 8, be
utilized In computing the five straight time eight-hour shifts
referred to In such paragraph (3) of this Section 8, nor shall
time paid for in the nature of arbitraries or special allowance
such as attending court, inquests, Investigations, examinations
deadheading, etc.. be utilized for this purpose, except when
such payments apply during assigned working hours in lieu of pay
for such hours, or where such time is now included under existing
rules In computations leading to overtime. Existing rules or
practices regarding the basis of payment of arbitraries or special
allowances such as attending court, inquests, investigations, ex-
aminations, deadheading, etc., also for calls, basic day, transfer
time, stand-by time, and compensation therefor, preparatory time,
starting time (except as otherwise provided In Section 3) and
similar rules are not affected by the provisions of this Art!
3.

(5) Any tour of duty In road service shall not be considered in any
way in connection with the application of the provisions
of this Article 3, nor shall service under two agreements be com-
bined in any manner in the application of this Article 3.

Section 9. Beginning on the date this Agreement becomes
effective on any carrier, the Vacation Agreement dated April 29,
-""**, effective July 1, 1949, shall be amended as to such carrier
rovide the following insofar as yard service employes and
.oyes having interchangeable yard and road rights covered by
said agreement, who are represented by the Brotherhood of Bailroad
Trainmen, are concerned:

Section Ka)-l(b). Add:

In the application of Section K a} and l(b) each basic day
in yard service performed by a yard service employe or by an
 soye having interchangeable yard and road rights shall be
uted as 1.2 days for purposes of determining qualification
vacation.

Qualifying years accumulated, also qualifying requirements
for years accumulated for extended vacations, prior to the calendar
year in which Agreement "A" becomes effective, shall not be
changed.

Section ltd). Add "Note":

The 6O and 3O calendar days referred to herein shall not be
subject to the 1.2 computation provided for in Sections l(a) and
Kb).

Section 2(a). Add:

Yard Service

An employe receiving one week's vacation, or pay in lieu
thereof, under Section l(a) shall be paid 1/52 of the compen-
sation earned by such employe, under schedule agreements held
by the organisations signatory to the Vacation Agreement effective
 t~iv 1, 1949, on the carrier on which he qualified under Section
r carriers in case he qualified on more than one carrier under
.ion l(f) during the calendar rear preceding the year in which
W** vacation is taken, but in no event shall such pay be less
than five (5) alnlmim basic day's pay at the rate of the last
service rendered.

Combination of Yard and Road Service

An employe having interchangeable yard and road rights
"iving one week's vacation, or pay in lieu thereof, under
ion l(a) shall be paid 1/52 of the compensation earned by
__n employe, under schedule agreements held by the organizations
signatory to the Vacation Agreement effective July 1, 1949* on
the carrier on which he qualified under Section 1 (or carriers in
case he qualified on more than one carrier under Section l(f)
during the calendar year preceding the year in which the vacation
is taken; provided that, if the vacation is taken during the time
inch employe is working in road service such pay shall be not less
< six (6) minimum basic days' pay at the rate of the last road
ice rendered, and if the vacation is taken during the time
^_-n employe is working in yard service, such pay shall be not
less than five (5) m1.n1 mum basic days* pay at the rate of the last
yard service rendered.Section 2(b). Add:

Yard Service

An employe receiving two weeksT vacation, or pay in lieu
thereof, under Section l(b) shall be paid 1/26 of the con-
pensation earned by such employe, under schedule agreements
held by the organizations signatory to the Vacation Agreement
effective July 1, 1949, on the carrier on which he qualified
under Section 1 (or carriers in case he qualified on more than
one carrier under Section l(f) during the calendar year pre-
ceding the year in which the vacation is taken, but in no event
shall such pay be less than ten (10) minimum basic days* pa7 at
the rate of the last yard service rendered.

Combination of lard and fioad Service

An employe having interchangeable yard and road rights
receiving two weeks* vacation, or pay in lieu thereof, under
Section 1(b) shall be paid 1/26 of the compensation earned by
such employe, under schedule agreements held by the organizations
signatory to the Vacation Agreement effective July 1, 1949, on
the carrier on which he qualified under Section 1 (or carriers
in case he qualified on more than one carrier under Section K f)
during the calendar year preceding the year in which the vacation
is taken; provided that, if the vacation is taken during the tiae
such employe is working in road service such pay shall be not
less than twelve (12) mlnlmnm basic days' pay at the rate of the
last road service rendered, and if the vacation is taken during
the time such employe is working in yard service such pay shall
be not less than ten (10) minimum basic days' pay at the rate of
the last yard service rendered.

Section 9. Add:

With respect to yard service employes, and with respect to
any yard service employe having interchangeable yard and road
rights who receives a vacation in yard service, such additional
vacation days shall be reduced by i/6th.

General

Except to the extent that the Vacation Agreement effective
July 1, 1949, la changed by this Article 3, the said Vacation
Agreement, as well as the Memorandum of Understanding of April
29, 1949, shall remain in full force and effect.

Section 10. Existing weekly or monthly guarantees producing
more than five days per week «M^? be modified to provide for a
guarantee of five days per week. Nothing in this Article 3 ahr*
be construed to create a guarantee where none now exists.

Section 11. (a) All regular or regular relief assignments
for yard service employes shall be for five (5) consecutive
calendar days per week of not less than eight (B) consecutive
hours per day, except as otherwise provided in this Article 3«

(b) An employe on a regular or regular relief assignment in
yard service who takes another regular or regular relief assir
ment in yard service, or selects another "days off" period on
strict seniority or mark-Tip board in yard service, will be per
mltted to go on the assignment or "days off" period of his choice,
and will take the conditions of that assignment or "days off"straight time eight-hour shifts, as referred to in paragraph
(dj of this Section, in the work week of the assignment or "days
off" period which he had at the time he made his choice; pro-
Tided, however, that if the foregoing would not permit such
employe to work one or more days of the assignment of his choice,
au'J «f there is no extra man available who could be used to per-
f he work on those days, he may be used to work those days
a . straight time rate.

(e) An employe on a yard extra board who takes a regular
or regular relief assignment in yard service will be permitted
to go on the assignment of his choice and will take the conditions
of that assignment.

An employe on a regular or regular relief assignment who
gr on an extra board will take the conditions attached to the
e board, but will not be permitted to work more than five
s jht time eight-hour shifts, as referred to in paragraph
(dj of this Section, in the work week starting with the Monday
in which the change is made.

(d) Except as provided in paragraphs (b) and (e) of this
Section, employes, regular or extra, will not be permitted to
work more than five straight time eight-hour shifts in yard
service (excluding the exceptions from the computations pro-
vided for in Section 8, paragraphs (3) and (4) in a work week,
unless the extra board has been exhausted and the exigencies of
the service require the use of additional men, in which event
senior available employes in the class in which the vacancy
occurs shall be used in accordance with applicable rules or prac-
tices in effect on individual properties.

Section 12. (a) Where reference is made in this Article 3
to the tern "yard service11 it «*M»n be understood to have reference
to service performed by employes governed by yard rules and yard
conditions.

(b) Section 3(e) and Section ,5 of this Article 3 shall not
apnlv to:

Car Eetarder Operators

Buap Motor Car Operators (Chauffeurs)

Levermen

Switchtenders (sometimes classified as Switchmen)

(e) Hone of the provisions of this Article 3 relating to
starting time shall be applicable to any classifications of
e -res included within the scope of this Article 3 which is not
r >bject to starting time rules.

Section 13. Existing rules and practices, including those
relating to the establishment of regular assignments, the establish-
ment and regulation of extra boards, the operation or working
lists or "mark-up-boardsw, etc., shall be changed or eliminated
to conform to the provisions of this Article 3 in order to imple-

•eat the operation of the reduced work week on a straight time
b-"

Jection 14. The parties hereto having in mind conditions

•fcich exist or may arise on individual carriers in the application

•t* the five-day work week agree that the duly authorised re pre-sentative (General Chairman) of the employes, party to ttit
agreement, and the officer designated by the carrier, ea- e-t?
into additional written understandings to implement th»
of this Article 3, provided that auch understandings s
be inconsistent with this Article 3.