Item 6

Item 6(b) - Daily Preference

SYNTHESIS - FIVE DAY WORK WEEK ("SUPPLEMENT") - YARDMEN

The following represents a synthesis in one
document, for the convenience of the parties, of the Agreement
dated March 12, 1952, effective April 1, 1952, titled "Five
Day Work Week - Yardmen" and the various amendments thereto
up and including November 1, 1972. This is intended as a
guide is not to be construed as constituting a separate
agreement between the parties. If any dispute arises as to
the proper Interpretation or application of any five day
work week provision, the terms of the appropriate agreement
dealing with the five day work week for yardmen shall govern.

Pursuant to request of the Brotherhood of Railroad Trainmen
dated December 29, 1951 that Agreement "A" signed at Washington,
D. C., May 25, 1951, be placed in effect for all classes of yard
service employes represented by that organization, it is agreed:

1. In accordance with Article 3, Section 1(a), a work week
of forty hours, consisting of five consecutive days of 6 hours
each, with two days off in each seven, will be established
effective April 1, 1952, subject to all other provisions of
Article 3, except as modified herein.

2. In accordance with Article 3, Paragraph (b) of Section 1,
and Paragraph 2(b) of Section 1(b), notices will be posted at
each yard where yard engines are assigned showing the "days off"
periods available.

3. Yardmen will make seven choices of their preferred "days
of f11 period, providing that number of selections are available, and the operating officer and local chairman will cooperate in
assigning the employes their "days off" period in accordance with
their seniority.

4. After the "days off" period has been assigned to the
individual employe he will retain that "days off" period, except
when a vacancy occurs in an established "days off" period, or a
new assignment is created. A notice will be posted at 10 AM
s. i such vacancies, and employe may make application therefor,
wL oust be in writing, within 72 hours. Employes affected by
reduction in force or by displacement will exercise seniority
within 24 hours to an established "days off" period. Employes on
June 1st of each year, nay exercise their seniority to another
"days off" period.

5. (a) At points where it is not practicable to grant two
consecutive days off in a work week to regularly assigned employes,
agreements may be made by Assistant to Vice President and General
Chairman, in providing for the accumulation of days off over a period
not to exceed five (5) consecutive weeks.

(b) When working more than five (5) straight time eight hour
shifts in a work week incident to the accumulation of rest days,
compensation will be allowed in accordance with Article 3, Section
8 of Agreement ^{RA" dated May 25, 1951.}

6. If the carrier contends it is not practicable to grant
consecutive days off to a regularly assigned employe and that
it is necessary to establish non-consecutive days off, the Assistant
to Vice President and General Chairman will confer and endeavor
to agree upon accumulation of days off or the establishment of
non-consecutive days off. If such representatives fail to agree,
the carrier may nevertheless establish non-consecutive days e
subject to the right of the employes to process the dispute as «
grievance or claim under the rules agreement, and in such pro-
ceedings the burden will be upon the carrier to prove that it
was not practicable to grant two consecutive days off.

7. Sufficient engine foremen will be retained in the
service on each day to adequately protect the service.

8. When an employe selects a new "days off" period as pro-
vided in Section 4 above, he will be permitted to take the "days
off" period of his choice, seniority permitting, and will take
the conditions of that "days off" period but will not be permitted
to work more than fire straight time eight hour shifts as referred
to in Article 3, Section ll(dj of Agreement "A", dated May 25,
1951.

9. (a) The term "work week" for regularly assigned employe
shall mean a week beginning on the first day following his reg-
larly assigned "days off" period, and for extra or unassigned
employes shall mean a period of seven consecutive days starting
with Wednesday.

(b) This does not apply when rest days are accumulated.

10. (1) Extra or unassigned employes may work any five days
in a work week, and their days off need not be consecutive.

(2) The first shift started by an extra or unassigned yard-
man on any calendar date trill be considered as a "day" in cal-
culating his 5-day "work week", even though such service is com-
pensated for at the overtime rate.

EXAMPLE: Extra yardman works-
let and 3rd shifts on Wednesday (beginning of work week)

-constitutes one day

3rd shift on Thursday -constitutes one day
3rd shift on Friday -constitutes one day
2nd shift on Saturday -constitutes one day
1st shift on Sunday -constitutes one day

Upon completion of first shift on Sunday, has accumulate
five 8-hour days, as referred to in Section 12(f). (Re-
vised May 1, 1953J

U. At Columbus, Beatrice, Kearney, Sidney, Hanna, Rock
Springs, Evanston, Rawlins, Leavenworth, Topeka, Ellis, Junction
City, Hastings and Sterling yards the following will govern:

(a) Extra boards may be established where none now exist
by Superintendent and Local Chairman subject to the appro
of the General Manager and General Chairman. If no extra
board is established, the junior yardman at the point from
which extra men are secured will be required to fill the
vacancy unless a senior employe signifies, in writing, his
desire to take the vacancy.

(b) Mark-up board may be established by Superintendent and
Local Chairman where none now exists, and will be handled
accordance with Section 12.

(e) Operating officer and Local Chairman will cooperate in
designating the "days on" peraoas whacu vaip^j*,*, -«,_{y ———_.

in accordance with their seniority.}

(d) After regular "days off" periods are established, and
there are not sufficient positions to provide an additional
regular assignment, such positions will be filled from the
extra board. For example: In a yard where one engine is
assigned around the clock a e Ten days per week there are 9
..en to be relieved. This will result in creating 3 regular
positions 5 days per week and filling 3 individual assign-
ments from the extra board.

(e) Additional regular positions and permanent vacancies at
Columbus, Beatrice, Kearney, Sidney, Hanna, Leavenworth, Ellis,
Junction City, Hastings and Sterling not filled by yardmen
holding seniority at point where vacancy exists or additional
tosition is established will be bulletined for five days in

11 yards on the Division and senior applicant assigned.
Juring the life of the bulletin, vacancies will be filled
from the local extra board, but if none exists, then as
provided in the last sentence of Section 11, Paragraph (a).

12. (a) Mark-up board win be maintained at each of the
following locations: Omaha. Council Bluffs, Grand Island, North
Platte, Cheyenne, Laramie, Green River, Kansas City, Salina,
Marysville and Denver.

(b)(1) The mark-up board will be closed at 2 PM and will
remain unchanged for a 24 hour period. The 24 hour period for
which the board is marked will be determined by local supervisor
and local chairman. Employes exercising seniority to another
shift will make request not later than H AM, except as provided
by Section 12(d)(1)(a), (b) and (e).

(2) When a yardman exercises his seniority to an assign-
ment other than the one he has indicated in writing is his first
choice and can hold, and does not advise the crew dispatcher
(caller) it is only for that day, his written request will be
disregarded and he will be considered as occupying the assign-
ment he changed to, seniority permitting, until he submits a
written request as to the positions he desires to work.

(3) At yards where there Is more than one designated point
for yardmen to go on and off duty, a copy of the mark-up board,
covering the 24 hour period for which the board is marked, will
be posted at each designated point for going on and off duty,
as soon after the board is closed as it is practicable to do so.

(4) A regular yardman worked more than g hours In a

•up period who Is therefore unavailable for his scheduled
jnment in the following mark-up period due to the Hours of
i>_. <ice Law will stand for service at expiration of his legal
rest ahead of extra yardmen and will be permitted to mark up
on a vacancy in the following mark-up period on which no yardman
has been marked.ITEM 6 (b) Conf

(5) When two or more regular yardmen are to be placed
on known vacancies as provided by Section 1 hereof, such
yardmen will be required to accept the first vacancy for which
they are rested.

Example fI: Yardman A works 30 minutes overtime
3 FM to 11:30 FM on January 1 and is unavailable
for the 7 AM Job for which marked on January 2.

Yardman A will be permitted to mark on a vacancy
which commences at or after expiration of his legal
rest at 7:30 AM on January 2.

fofilplft f2' On January 1, Yardman B works 15 minutes
overtime 3 FM to 11:15 FM and is unavailable for
the 7 AM Job for which marked on January 2. Yardman
C works 15 minutes overtime 3:30 FM to 11:45 FM and is
unavailable for the 7:30 AM Job for which marked on
January 2.

On January 2, vacancies exist at 7:30 AM and £ AM.
Yardman B will be required to mark up on the 7:30 AM
assignment so that the 8 AM assignment will be
available to Yardman C.

Example fh; Yardman D works 7 AM to 3 FM on
January 17 works a second shift 11 FM to 7 AM, and
is unavailable for the 7 AM Job for which marked on
January 2.

Yardman O will be permitted to mark on a vacancy
which commences at or after expiration of hia legal
rest at 3 FM on January 2.

(e) Employes desiring to lay off will give notice at least
3 hours in advance of the starting time of their assignment as
required by Rule 24(a) "Laying Off-Reporting for Duty^{11 of the

current agreement.}

(d)(1)(a) The senior available regular yardman who has
signified in writing his desire to fill a certain vacancy eca
ring ob his work days caused by another yardman laying off afte.
the board is closed, will be called, providing his seniority
would not permit him to hold that particular position at the
time the board ia closed, and provided further that there is a
period of not less than one hour 15 minutes to secure a replace-
ment for him.

For example: Yardmen A, B, C, D and E, in that seniority ordjarked up to work 7:00 AM - 7:30 AM - 8:00 AM - 2:30 PM
a*,- 4:OO PM, respectively. No one of the five yardmen can hold
the 6-30 AM pilot assignment on the mark-up due to insufficient
seniority. All have signified in writing their desire to work
the 6:30 AM pilot assignment in the event a vacancy occurs after
the board is closed. Senior Tardman I, who was narked on the
6-30 AM pilot assignment when the board closed at 2:00 PM,

equently lays off at 5:00 AM. Tardman A is then called in

•dance with his written request as there is a period of two

•e to secure a replacement for the vacancy created by Tard-
man" A at 7:00 AM.

If Tardman X lays off at 6:10 AM, Tardman A would remain on the
7:00 AM assignment as there would be less than one hour to secure
a replacement for him. Tardman B would then be called to fill
Tardman I^{1 s vacancy at 6:30 AM, as this would give the carrier

o"* hour and 20 minutes to secure a replacement for Tardman B* s

ncy at 7:30 AM,}

(b) The senior available regular yardman or yardmen who
have signified in writing a desire to work on extra engines or
extra individual positions will be called providing it is on one
of his work days, and provided further there is a period of not
less than one hour 15 minutes to secure a replacement for him.

For example: An employe at the close of the board at 2 PM is
marked up to work a 7 AM assignment in accordance with his
seniority and has a written request on file to work on an extra
engine on the first shift. At 6:30 AM it is decided an extra
yard engine will be called for 8:00 AM. The employe win not be
calleld because there is only a 30 minute period in which to secure
a replacement for him. However, if it is known at 5:45 AM that
an extra engine will be placed in service at 6:00 AM the employe
will be permitted to work on the extra engine because there is a
period of 1 hour 15 minutes in which to secure a replacement for
the 7:00 AM job.

(c) Regular yardmen who have a written request on file and
are changed under Paragraphs (a) or (b) in accordance with their
written request will be required to accept the change.

(d) If no regular yardman has signified in writing his desire
ill a certain vacancy caused by another regular yardman
laying off after the hoard has been closed, such vacancy will he
filled as provided In Section 12(f) or Section 12 (g). (Revised
May 1, 1953.)

(e) An employe laying off for an indefinite period of time
will be considered available for his assignment providing he
notifies the proper official of the railroad of his desire to
work at least 6 hours In advance of the regular starting
of his assignment. Failing to report for work as required
the vacancy will be filled In accordance with Section

(f) Except as provided in Section 12(d), an extra yardman
who is available with eight (B) hours to work, and who has not
accumulated five (5) days during his work week, as provided in
Section 10, will be used to fill the vacancy subject to the

') This to mean that at the time the board is closed It Is
not definitely known whether the regular employe will
return to work during the ensuing 24 hour period.provisions of this agreement. (Revised May 1, 1953.)

(g)(1) If no extra yardman having eight (8) hours to work,
who has not worked five (5) calendar days during his work week,
is available to fill a vacancy, the senior available regular
yardman who has signified in writing his desire to work, shall
be used to perform service on his rest days, or to work a second
shift. It is understood that a yardman who is used to work or
one of his rest days will not be permitted to double or work a
second shift on such calendar date.

(2) Regular yardmen who desire to be used for service in
accordance with Section I2(g)(l) shall file a written notice indi-
cating the shifts and assignments on which they desire to be used.
Such notice shall be addressed to an officer designated by the
Company for each yard. A list of yardmen who have filed such
request showing the shifts and assignments on which they desir*
to be used, will be kept up to date and posted at each point v
yardmen go on and off duty, and copy furnished local chairman.

(3) Regular yardmen who filed such written notice of avail-
ability will be required to accept such service when called, un-
less they lay off in the proper manner, or unless prevented by
sickness or other Justifiable reason.

(4) A yardman who has filed a request to be considered for
service outside of his regular assignment may withdraw such request
by filing a withdrawal notice in writing with the designated offi-
cer cm any date prior to crew mark-up time. (Revised May 1, 1953•)

(5) If no extra yardman having eight (6) hours to work,
who has not worked five (5) calendar days during his work week,
is available to fill a vacancy and no regular yardman is avail-
able under the provisions of this Section 12(g)(1) through U)
to fill such vacancy, the first out extra yardman having eight

(6) If a vacancy is not filled under the provisions of this
Section 12(g)(l) through (5), the junior available regular yard-
man will be required to fill the vacancy.

(h)(1) "Employes displaced during the period when they are
not on duty will be so advised and if they cannot be contacted
they will, if possible, be placed on an assignment having rela-
tively the same hours of the assignment from which displaced.

(2) Employes who are on duty and who are displaced under
provisions of Section 12(b) of the Supplemental Agreement effective
April 1, 1952 will be notified of such displacement prior to 2 PM
if practicable to do ao. Employes who cannot be contacted or *"
fail to place themselves promptly after being notified of the'
displacement will, if possible, be placed on an assignment hav
relatively the same hours as the assignment from which displaced.

13. Section 13 of the agreement entitled "FIVE DAT WORK
WEEK-YARDMEN", as it appeared in the Schedule of Rules effective
September 1, 1953, read:

"13* A regular yardman who ia used to perform servf
on any of his assigned rest day or days shall be compensated
for such service at the overtime rate. (Effective May 1, . ,.)

Section 13 will be superseded by any decision ultimately
provided in the Agreement of May 25, 1951."

The decision of the Disputes Committee in cases 11-E etc.,
dated December 2, 1954, which supersedes Section 13, reads in
part:

"QUESTION Do the agreements (Interim and "A") of
AT ISSUE: May 25, 1951, require the payment of the
punitive rate (one and one-half times
straight time rate) for work performed
on the assigned off day or days as such?

This question arises under the five-day
and six-day work weeks, and relates to employees who
do not work on one or more of their regularly assigned
work days but do work on one or more of their assigned
days off.

DECISION: The Agreements (Interim and "A") of May
25, 1951, do not require the payment of
the punitive rate (one and one-half times
straight time rate) for work performed on
the assigned off day or days as such."

14. The Committee will cooperate with Management in the
establishment of rotary boards for extra yardmen at yards where
yardmen are agreeable to such boards. (Effective May 1, 1953-)*

15. Positions of car retarder operator are presently assign-
ed to employes by bulletin in accordance with agreement dated May
27, 1943 and those employes will not be displaced incident to
this agreement. Regularly assigned car retarder operators will
be assigned two consecutive days off per week, subject to Sections
5 and 6 of this agreement. Operating officer and local chairman
will cooperate in .assigning "days off" periods to car retarder
operators in accordance with their seniority. Temporary vacancies
will be filled in accordance with "agreement of March 7, 1950.

16. Operating officer and local chairman will cooperate in
assigning switchtenders their "days off" periods in accordance
with their seniority.

17. Beginning on the date this agreement becomes effective,
the Vacation Agreement dated April 29, 1949, effective July 1,
1949* i» amended to provide the following insofar as yard service
employes who are represented by the Brotherhood of Railroad Train-
men are concerned:

(a) In the application of Section 1(a) and 1(b) of that
agreement, each basic day in yard service performed by a yard
service employe shall be computed as 1.2 days for purposes of
determining qualifications for vacation.

Qualifying years accumulated, also qualifying requirements
for years accumulated for extended vacations, prior to the calendar

(b) The agreement establishing rotary extra boards and
other related materials is reproduced in the appendix.

58year in which Agreement "A^^{1 becomes effective, shall not be

changed.}

(b) The 6O and 30 calendar days referred to in Section 1(d)
of the Vacation Agreement shall not be subject to the 1.2 com-
putation provided for in Paragraph (a) of this Section 17.

(e) The following shall apply to employes in yard service
in lieu of Paragraph 2(a) of the agreement effective July 1,
1949:

An employe receiving one week's vacation, or pay in
lieu thereof, under Section 1(a) shall be paid 1/52 of the
compensation earned by such employe, under schedule agree-
ments 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, but in no event shall such pay be less than five (5)
minimum basic days pay at the rate of the last yard service
rendered.

(d) The following shall apply to employes in yard service
in lieu of Paragraph 2(b) of the agreement effective July 1, 1949 :

An employe receiving two weeks vacation, or pay in
lieu thereof, under Section Kb) shall be paid 1/26 of the
compensation earned by such employe, under schedule agree-
ments 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, but in no event shall such pay be less than ten
(10) •inimuffl basic days pay at the rate of the last yard
service rendered.

{e) The following shall be added to Section 9 of the Vaca-
tion Agreement effective July 1, 1949:

"With respect to yard service employes,
tion days shall be reduced by l/6th.*

such addition;

Agreement "A" of May 25, 1951 will supersede any conflicting
rule, practice or interpretation.

This agreement will be effective April 1, 1952, superseding
the agreement of January 19, 1952.

Dated this 12th day of March, 1952.