5 OPS
DATED
JUNE 25, 1964
BETWEEN
CARRIERS REPRESENTED BY THE
NATIONAL
RAILWAY LABOR CONFERENCE
and
the
EASTERN,
WESTERN AND SOUTHEASTERN CARRIERS'
CONFERENCE
COMMITTEES
AND
THE EMPLOYEES OF SUCH CARRIERS REPRESENTED BY
THE
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
BROTHERHOOD
OF LOCOMOTIVE FIREMEN AND ENGINEMEN
ORDER
OF RAILWAY CONDUCTORS AND BRAKEMEN
BROTHERHOOD
OF RAILROAD TRAINMEN
and
SWITCHMEN'S UNION
OF NORTH AMERICA
A G R E E MENT
This Agreement made this 25th
day of June 1964, by and between the participating carriers listed in Exhibits
A,B and C attached hereto and made a part hereof and represented by the
National Railway Labor Conference and the Eastern, Western and Southeastern
Carriers' Conference Committees, and the employees of such carriers shown
thereon and represented by The Brotherhood of Locomotive Engineers,
Brotherhood of Locomotive Firemen
and Enginemen Order of Railway Conductors and Brakemen, Brotherhood of
Railroad Trainmen, and the Switchmen's Union of North America.
IT IS HEREBY
AGREED:
ARTICLE I
‑ PAID HOLIDAYS
Section 1 ‑
Holiday provisions currently
applicable to regularly assigned and extra yard ground service employees
(conductors (foremen), brakemen (helpers), switchtenders and car retarder
operators) are unchanged. except in the following respects:
(a) Add the following
provision to be applicable to the qualifying conditions for extra yard service
employees:
For purposes of this
Agreement, the workweek for extra yard service employees shall be Monday
through Friday, both days inclusive. If the holiday falls on Friday, Monday of
the succeeding week shall be considered the workday immediately following. If
the holiday falls on Monday, Friday of the preceding week shall be considered
the workday immediately proceeding the holiday.
NOTE: This work week shall
not be applied to extra yard service employees who have scheduled days off
other than Saturday and Sunday, in which event the same principles outlined
above will apply in determining the workdays immediately proceeding and
following the holiday.
(b)
Substitute the following provision in lieu of existing rules governing payment
for service rendered on the seven specified paid holidays:
Yard service employees who
work on any of the seven specified holidays shall be paid at the rate of time
and one‑half for all services performed or, the holiday with a minimum
of one and one‑half times the race for the basic day.
Section 2 ‑
The following provisions shall
apply to regularly assigned engineers. firemen. hostlers and hostler helpers
represented by an organization party hereto in yard service, and regularly
assigned road service employees paid on a daily basis:
(a) Each regularly assigned engineer, fireman, hostler
and hostler helper represented by an organization party hereto in yard
service. and each regularly assigned road service employee in local freight
service, including road switchers roustabout runs, mine runs. or other
miscellaneous service employees. who are confined to runs of 100 miles or less
and who are therefore paid on a daily basis without a mileage component, and
who meet the qualifications set forth in paragraph (c) hereof, shall receive
one basic day's pay at the rate for the class and craft of service in which
last engaged for each of the following enumerated holidays when such holidays
fall on the assigned workday of the work week of the individual employees
New Year's Day
Washington's Birthday
Decoration Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
Only one basic day's pay
shall be paid for the holiday irrespective of the number of shifts or trips
worked.
NOTE :
When any of the above-listed holidays fall on Sunday, the day
observed by the State or Nation shall be considered the holiday.
(b) Any of the employees
described in paragraph (a) hereof who works on any of the holidays listed in
paragraph (a) hereof shall be paid at the rate of time and one-half for
all services performed on the holiday with a minimum of one and one‑half
times the rate for the basic day.
(c) To qualify for holiday
pay, a regularly assigned employee referred to in paragraph (a) hereof must be
available for or perform service as a regularly assigned employee In the
classes of service referred to on the work days immediately preceding and
following such holiday, and if his assignment works on the holiday, the
employee must fulfill such assignment. However: a regularly assigned employee
whose assignment is annulled, cancelled or abolished, or a regularly assigned
employee who is displaced from a regular assignment as a result thereof on (1)
the workday immediately preceding the holiday. (2) the holiday, or (3) on the
workday immediately following the holiday will not thereby be disqualified for
holiday pay provided he does not lay off on any of such days and makes himself
available for service on each of such days excepting the holiday in the event
the assignment does not work on the holiday, and the holiday falls on a
workday of his assignment. If the holiday falls on the last day of an
employee's work week, the first workday following his "days off"
shall be considered the workday immediately following. If the holiday falls on
the first work day of his work week, the lost workday of the preceding work
week shall be considered the workday immediately preceding the holiday.
(d) Weekly or monthly
guarantees shall be modified to provide that where a holiday falls on the
workday of the assignment, payment of a basic day's pay pursuant to paragraph
(a) hereof, unless the regularly assigned employee fails to qualify under
paragraph (e) hereof, shall be applied toward such guarantee. Nothing in this
Section shall be considered to create a guarantee where none now exists, or to
change or modify rules or practices dealing with the carrier's right to annul
assignments on the holidays enumerated in paragraph (a) hereof.
(e)
That part of all rules, agreements. practices or understandings which require
that crew assignments or individual assignments In the classes of service
referred to in paragraph (a) hereof be worked a stipulated number of days per
week or month will not apply to the seven holidays heroin referred to ; but
when such an assignment Is not worked on a holiday. the holiday payment to
qualified employees provided by this rule will apply.
(f) As used in this rule, the
terms, "workday" and "holiday" refer to the day to which
service payments are credited.
Section 3 ‑
The following provisions shall
apply to extra engineers, firemen, hostlers and hostler helpers represented by
an organization party hereto on seniority rosters that confine exercise of
seniority to a particular yard or yards.
(a) Extra engineers, firemen,
hostlers and hostler helpers represented by an organization party hereto on
seniority rosters which confine the exercise of seniority to a particular yard
or yards, who meet the qualifications provided in paragraph (b) of this
Section 3 shall receive one basic day's pay at the pro‑rata, rate on any
of the following holidays:
New Year's Day
Washington's Birthday
Decoration Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
if any of the above‑designated
holidays falls on a workday of the workweek as defined in paragraph (c)
hereof.
Only one basic day's pay
shall be paid for the holiday irrespective of the number of shifts worked. If
more than one shift is worked on the holiday, the allowance of one basic day's
pay shall be at the rate of pay of the first tour of duty worked.
NOTE:
When any of the above‑listed holidays falls on Sunday, the day
observed by the State or Nation shall be considered the holiday.
(b)
To qualify, an extra yard service employee must :
(1)
perform yard service on the calendar days immediately preceding and
immediately following the holiday, and be available for yard service the full
calendar day on the holiday, or,
(2)
be available for yard service on the full calendar days immediately
preceding and immediately following the holiday and perform yard service on
such holiday, or,
(3)
if such employee cannot qualify under Section 3 (b) (1) or (b) (2).
then in order to qualify he must be available for yard service on the full
calendar days immediately preceding and immediately following and the holiday,
or perform yard service on any one or more of such days and be so available on
the other day or days.
NOTE:
For the purpose of Section 3(b) (1), (2) and (3), an extra yard service
employee will be deemed to be available if he is ready for yard service and
does not lay off of his own accord, or if he is required by the carrier to
perform other service within that yard in accordance with rules and practices
on the carrier.
(c) For purposes of this
Section 3, the workweek for extra yard service employees shall be Monday
through Friday, both days inclusive. If the holiday falls on Friday, Monday of
the succeeding week shall be considered the workday immediately following. If
the holiday falls on Monday, Friday of the preceding week shall be considered
the workday immediately preceding the holiday.
NOTE: This work week shall
not be applied to extra yard service employees who have scheduled days off
other than Saturday and Sunday, in which event the same principles outlined
above will apply in determining the work days immediately preceding and
following the holiday.
(d) Any of the extra yard
service employees described in paragraph (a) of this Section 3 who works on
any of the holidays listed therein shall be paid at the rate of time and one‑half
for all services performed on the holiday with a minimum of one and one‑half
times the rate for the basic day.
(e) As used in this Section 3,
the terms "calendar day" and "holiday" on which yard
service is performed refer to the day to which service payments are credited.
NOTE 1: An employee subject to this Section 3 whose service status changes from an extra yard service employee to a regularly assigned yard service employee or vice versa on one of the qualifying days shall receive the basic day's pay provided in paragraph (a) of Section 3 provided
(1) he meets the qualifications set forth in paragraph
(b) of Section 3 on the day or days he is an extra service
employee, and
(2) he meets the qualifications set forth in paragraph
(c) of Section 2 on the day or days he is a regularly assigned yard service
employee, provided further, that a regularly assigned yard service employee who voluntarily changes
his service status to an extra yard service employee on any of the three qualifying days shall not be entitled to
receive the pay provided for in paragraph (a) of Section 3.
NOTE 2: The term "yard service" as used herein applies only to yard service paid for on an hourly or daily basis and subject to yard rules and working conditions.
ARTICLE II - EXPENSES AWAY FROM HOME:
ARTICLE III - SELF-PROPELLED MACHINES
NOTE 4: Train orders is used in the vernacular of trainmen as defined in the Operating Book of Rules.
(b) Yard Service ‑ A yard conductor (foremen) will be employed on on‑rail self‑propelled vehicles or machines operating within general switching limits provided such machines have sufficient power to move freight cars; and, if more than two cars are handled at any one time a yard brakeman (helper) will also be employed.
This provision will not apply to the operation of self‑propelled vehicles or machines in confined areas such as shop tracks, supply areas tie yards and so forth except that with respect to such self‑propelled machines now working in the confined areas where rules or practices require the employment of a yard ground man, such rules and practices are preserved and the yard conductor's (foreman's) rate will apply to this service.
Section 2 ‑
Rules or practices under which a locomotive engineer, or fireman where presently required, is employed on on‑rail self‑propelled vehicles or machines for the purpose of operating the machine in the performance of all the work for which such machines are designed are retained.
Section 3 ‑
Section 4 ‑
Every employee deprived of employment as the immediate and proximate application of this rule, shall be entitled to the schedule of allowances set forth in Section 7(a) of the Washington Agreement of May 21, 1936; or to the option of choosing the lump‑sum separation allowance set forth In Section 9 of said Agreement, In addition to the foregoing employees who do not elect to accept the lump‑sum separation allowance set forth in Section 9 of said Agreement, if qualified, may elect within one year from the date of their furlough to prepare themselves far some other occupation for which training is available (of the type approved by the Veterans Administration under the Veterans' Readjustment Assistance Act of 1952). with the carrier paying 75 per cent of the tuition costs of such training for a period not exceeding two years. Whenever and to the extent that the United States Government makes provisions for retraining out of public funds, the obligation of the carrier shall be reduced correspondingly. Those employees who elect to accept the lump‑sum separation allowance met forth in Section 9 of the Washington Agreement of Key 210 1936 will not be entitled to retraining benefits.
Section 5 ‑
Nothing contained in this Article III shall be construed to require the employment of engine and train service employees where not now required.
ARTICLE IV ‑ PAY STRUCTURE ‑ INEQUITY ADJUSTMENTS
Section 1‑‑ Road Service
The application of any wage increases which become effective before January 1, 1968 will be limited to basic daily rates and shall not apply to existing mileage rates.
Section 2 ‑ Yard Ground Service ‑
(b) Application of the foregoing increases will result following standard basic hourly and daily rates of pay:
Pro rate
hourly
Daily
rate
rate
Yard
Foremen (Conductors)
$ 3.10
$ 24.80
Yard
Helpers (Brakemen)
2.90
23.20
Switchtenders
2.65
21.20
Car
Retarder Operators
3.20
25.60
(c) Existing money differentials above existing standard daily rates shall be maintained.
Those increases will be applied to yard engine service employees who my hereafter elect to adopt the five‑day work week on a railroad by railroad basis, or on that part of a railroad. where there are more than one General Committee. In the event one or more General Committees elect to adopt the five-day work week, the basic rates of yard engine service employees who are not on a five‑day work week are not changed hereby, except that the 32 cents per day holiday adjustment applicable to yard engine service employees represented by the Brotherhood of Locomotive Engineers shall no longer be deductible,
WEIGHT ON DRIVERS
(Pounds)
All
territories (a)
Engineers Fireman
Less than 140,000
$25.35
$21.98
140,000 and less than 200,000
25.87
22.13
200,000 and less than 250,000
26.07
22.34
2150,000 and less than 300.000
26.25
22.54
100,000 and less than 350,000
26.43
22.87
350,000 and less than 400.000
25.69
22.96
400,000 and less than 450,000
26.04
23.15
450,000 and less than 500.000
27.49
23.35
500,000 and less than 550,000
27.44
23.54
550,000 and less then 600,000
27.66
23.73
600.000 and less than 650,000
27.87
23.92
650,000 and less than 700,000
28.09
24.11
700,000 and less than 750,000
26.11
24.31
750,000 and less then 800,000
28.52
24.50
000,000 and less than 650.000
28.74
24.69
850,000 and less than 900.000
28.95
24.88
900.000 and less than 950,000
29.17
25.07
950,000 and less than 1,000,000 29.39
25.27
1,000,000 pounds and over . . . . with 21 1/2 cents with 19 cents added for each added for each add'l 50,000 lbs. or fraction thereof.
MALLETS Engineers Firemen (helpers)
East and Southeast (b) West(c) All Territories
Less
than 275,000
$27.33
27.24
$23.21
275,000 and less than 500,000 27.62
23.53
500,000 and less than 550,000 27.91
23.69
550,000 and less than 600,000 28.20
23.74
600,000 and less than 650,000 28.49
23.93
650,000 and less than 700,000 28.77
24.13
700,000 and less than 750,000 29.06
25.71
24.32
750,000 and less than 800,000 29.35
24.51
800,000 and less than 850,000 29.64
24.70
850,000 and less than 900,000 29.93
24.89
900,000 and less than 950,000 30.21
25.09
950,000 and less than 1,000,000 30.50
25.28
1,000,000 and over
with 29 cents added for
with 19 cents added
each add’l 150,000
for each add’l 150,000
lbs. or fraction
lbs. or fraction
thereof. thereof.
(a) Carriers’ represented by Eastern, Western, and Southeastern Carriers’ Conference Committees.
(b) Carriers’ represented by Eastern, and Southeastern Carriers’ Conference Committees.
(c) Carriers’ represented by Western Carriers’ Conference Committees .
(2) Yard engineers and firemen represented by the
Brotherhood of Locomotive Firemen and Enginemen
(3) Hostlers and Outside Hostler Helpers
Represented by Represented by
BLE BLF&E
Outside hostlers $22.82 $23.33
Inside hostlers 21.95 22.47
Outside hostler helpers 21.17 21.68
(c) Existing money differentials above existing standard daily rates shall be maintained.
Section 4 ‑
The increases herein provided shall be effective. subject to Article VIII hereof, as of May 7. 1964 except that the increases which are contingent upon adoption of a five‑day workweek will be applied on the date the five‑day work week agreement becomes effective.
This agreement is subject to approval of the Courts with respect to Carriers in the Lands of Receivers or Trustees.
Signed this 25th day of June, 1964.
For the participating carriers listed in Exhibit A:
Chairman
( END OF AGREEMENTS DOCUMENT )
ARTICLE V ‑ COMBINATION ROAD‑YARD
The last yard crew assignment in a yard, or on a shift where more than one yard assignment is employed. may be discontinued under the following conditions (Yard as used herein is defined to mean a common terminal point where a seniority roster for yard ground men is maintained.)
1. In the case of the last yard crew assignment in a yard, such assignment may be discontinued if a joint study indicates that the average time consumed in switching is less than four hours within a spread of ten hours for ten consecutive working days. The ten hours referred to will begin concurrently with the starting time of the particular yard crew assignment. If switching increases to the point where there is an average of more than four hours of such work within any spread of the same ten hours for ten consecutive working days, as previously assigned, the yard crew assignment will be restored.
In the case of a yard crew assignment on a particular shift (in yards where more than one yard crew is operated), such yard crew assignment may be discontinued if a joint study indicates that there is an average of more than four hours switching within the spread of 12 hours for ten consecutive working days. This spread to begin at the starting time of the yard crew assignment which the carrier seeks to discontinue. In computing the time engaged in switching, only the time consumed by the yard engine the carrier seeks to discontinue will be considered. subject to the provisions of section 10 hereof. The same formula will to adhered to in the restoration of the discontinued assignment, using the second twelve‑hour period as set forth in section 5.
NOTE : The studies referred to in this Section 1 shall be conducted in the following manner:
Where a carrier proposes to discontinue the last yard crew assignment in a yard or on a shift where more than one yard assignment is employed. it shall give ten (10) days' written notice of the proposed discontinuance to the representatives of the employees involved, advising the names of the carrier's officials who are designated as its representatives for the purpose of the study. and the date on which the study will begin. At anytime prior to the date the study is to begin, the representatives of the employees involved shall advise the carrier of the names of their representatives for the purpose of the study. If such representatives are not so named, or fail to participate, the study may be conducted by the representatives of the carrier. In either event, the result of the study shall be binding on the parties for the purpose of this rule.
The same procedure will to adhered to in conducting studies proposed by the representatives of the employees for the restoration of assignments that have been discontinued under the provisions of this Section 1.
2. The provisions of section 1 hereof are not intended to impose restrictions in regard to discontinuing yard crew assignments where restrictions do not now exist.
3. Road crews may perform any yard service at yards where yard crews are not employed.
4. Road crews may continue to perform any yard service now permitted, without additional payments, if such payments are not now required.
5. At Points where a Yard crew or yard crews are employed, the starting time of the first yard crew assignment shall begin a twelve‑hour period ( herein called the first twelve‑hour period) within which road crews may not perform yard service not permitted on the day immediately preceding the effective date of this agreement. Road crews may be required to perform any yard service during a second twelve‑hour period beginning at the expiration of the first twelve‑hour period provided yard crew assignments are not assigned to start or terminate during such second twelve‑hour period.
6. No change in work permitted or compensation paid to combination assignments, such as Mine Run, Tabulated assignments, etc.
7. Switching service in yards by road crews when yard crew is not on duty, as a result of the discontinuance of yard crew assignment pursuant to section 1 hereof, shall be paid for on the minute basis, with a minimum of 1 hour at appropriate yard rates.
8. If overtime accrues under applicable road overtime rules during the period switching is being performed, such overtime payments will be made in addition to the payments required under section 7 hereof.
9. Initial and final terminal delay rules shall not be disturbed by this agreement except that when road crews perform yard service for which they are compensated under the provisions of section 7 hereof during a period to which initial terminal delay or final terminal delay rules are otherwise applicable, such road crews will be paid either terminal delay or switching, whichever will produce the greater amount of compensation.
10. The yard switching work for which compensation is previously allowed to road crews for that specific yard work and yard switching work by road crews which required penalty payments to yard crews will be considered switching for the purpose of section 1 of this Article.
11. Every employee deprived of employment as the immediate and proximate application of this rule, shall be entitled to the schedule of allowances set forth in Section 7(a) of the Washington Agreement of May 21, 19361 or to the option of choosing the lump‑sum separation allowance set forth In Section 9 of said Agreement. In addition to the foregoing, employees who do not elect to accept the lump‑sum separation allowance set forth in Section 9 of said Agreement, if qualified. may elect within one year from the date of their furlough to prepare themselves for some other occupation for which training is available (of the type approved by the Veterans Administration under the Veterans' Readjustment Assistance Act of 1952), with the carrier paying 75 per cent of the tuition costs of such training for a period not exceeding two years. Whenever and to the extent that the United States Government makes provisions for retraining out of Public funds. the obligation of the carrier shall be reduced correspondingly. Those employees who elect to accept the lump‑sum separation allowance set forth in Section 9 of the Washington Agreement of May 21, 1936 will not be entitled to retraining benefits.
ARTICLE VI
‑ INTERDIVISIONAL SERVICE
The Interdivisional runs issue shall be submitted to a committee, established on a national basis, of which the public members shall he Dr. George W. Taylor and Mr. Theodore W. Kheel. Procedures for mediation to a conclusion shall be established by the public members.
ARTICLE VII ‑ SETTLEMENT OF DISPUTES:
Any disputes involving the interpretation or application of this Agreement shall be settled by the parties in accordance with the established procedures therefor, including the creation of Special Boards of Adjustment and other procedures of Section 3 of the Railway Labor Act.
ARTICLE VIII ‑ EFFECT OF THIS AGREEMENT
This agreement shall become effective upon ratification by all of the organizations signatory hereto except that upon such ratification the adjustments in rates of pay provided by Article IV shall be effective an of May 7, 1964, and the requirements of Section 1 of Article II with respect to the furnishing of suitable lodging or an equitable allowance in lieu thereof shall be made effective at a date no later than 30 days following such ratification.
This agreement is in settlement of the dispute growing out of notices served by the carriers listed in Exhibits A,B, and C on or about November 2. 1959, and by the organizations signatory hereto on September 7. 1960, as implemented by notices of April 6, 1961, not including issues disposed of by the Award of Arbitration Board No. 282, and shall remain in effect until changed or modified in accordance with the provisions of the Railway Labor Act, as amended, except that rates for miles in excess of those comprising the basic day shall remain‑unchanged until January 1, 1968.