ARTICLE
VII - ROAD SWITCHERS, ETC.
Section
I - Reduction in Work Week
(a)
Carriers with road switcher (or similar operations), mine run or
roustabout agreements in effect prior to the date of this Agreement that do not
have the right to reduce six or seven-day assignments to not less than five, or
to establish new assignments to work five days per week, shall have that right.
(b)
The work days of five-day assignments reduced or established pursuant to
Section 1(a) of this Article shall be consecutive. The five-day yard rate shall
apply to new assignments established pursuant to Section 1(a) of this Article.
Assignments reduced pursuant to Section 1(a) shall be compensated in accordance
with the provisions of Section 1(c).
(c)
If the working days of an existing assignment as described in Section
1(a) are reduced under this Article, an allowance of 48 minutes at the existing
straight time rate of that assignment in addition to the rate of pay for that
assignment will be provided. Such allowance will continue for a period of three
years from the date such assignment was first reduced. However, such allowance
will not be made to employees who establish seniority in train or engine service
after the date of this Agreement. Upon expiration of the three year period
described above, the five day yard rate will apply to any assignment reduced to
working less than six or seven days a week pursuant to this Article.
(d)
The annulment or abolishment and subsequent reestablishment of an
assignment to which the allowance provided for above applies shall not serve to
make the allowance inapplicable to the assignment upon its restoration.
Section
2 - New Road Switcher Agreements
(a)
Carriers that do not have rules or agreements that allow them to
establish road switcher assignments throughout their system may serve a proposal
for such a rule upon the interested general chairman or chairmen. If agreement
is not reached on the proposal within 20 days, the question shall be submitted
to arbitration.
(b) The arbitrator shall be selected by
the parties or, if they fail to agree, the National Mediation Board will be
requested to name an arbitrator.
(c)
The arbitrator shall render a decision within 30 days from the date he
accepts appointment. The decision shall not deal with the right of the carrier
to establish road switcher assignments (such right is recognized), but shall be
restricted to enumerating the terms and conditions under which such assignments
shall be compensated and operated.
(d) In determining the terms
and conditions under which road switcher assignments shall be compensated and
operated, the arbitrator will be guided by and confined to what are the
prevailing features of other road switcher agreements found on Class I
railroads, except that the five day yard rate shall apply to any assignment
established under this Section.