ARTICLE X - DISPLACEMENT

Section 1
(a) Where agreements that provide for the exercise of displacement rights within a shorter time period are not in effect, existing rules are amended to provide that, an employee who has a displacement right on any position (including extra boards) within a terminal or within 30 miles of such employee's current reporting point, whichever is greater, must, from the time of proper notification under the applicable agreement or practice, exercise that displacement right within forty-eight (48) hours.

(b) Failure of an employee to exercise displacement rights, as provided in (a) above, will result in said employee being assigned to the applicable extra board, seniority permitting. (The applicable extra board is the extra board protecting the assignment from which displaced.)

 (c) In the event force assignment is not compatible with local agreements, prior to implementation, the parties will meet on property to determine an avenue of assignment.

Section 2

This Article shall become effective ten (10) days after the date of this Agreement and is not intended to restrict any of the existing rights of a carrier.  

  Questions and Answers

Q-1:    On those properties where employees have less than 48 hours to exercise displacement rights, are such rules amended so as to now apply a uniform rule?

A-1:    No, the existing rules providing for less than 48 hours continue, unless the parties specifically agree otherwise. 

Q-2:     Is an employee displaced under Section 1, electing to exercise seniority placement beyond thirty (30) miles of the current reporting point, required to notify the appropriate crew office of that decision within 48 hours?

A-2:     Yes. 

Q-3:    How is an employee covered by this Article handled who fails to exercise seniority placement within 48 hours?

A-3:    Such employee is assigned to the applicable extra board, seniority permitting, pursuant to Section l(b) and subsequently governed by existing rules and/or practices. 

Q-4:    How long a period of time does an employee have to exercise displacement rights outside the boundaries specified in Section l(a)?

A-4:    The rules governing exercise of displacement rights as currently contained in existing agreements continue to apply in this situation. 

Q-5:    What happens if the employee notifies the Carrier that it is the employee’s intent to displace outside of the 30 mile limit, then, after 72 hours, the employee is no longer able to hold that assignment?

A-5:    A new 48-hour period begins. 

Q-6:    Is it intended that employees who fail to displace within 48 hours be assigned to an extra list where local or system agreements prohibit such assignment due to extra board restrictions and or seniority consideration?

A-6:    See Section l(c) of Article X. 

Q-7:    Is it the intent of Article X to impose discipline on employees who fail to exercise seniority within 48 hours?

A-7:    No, Section l(b) provides that in these circumstances the employee will be assigned to the applicable extra board, seniority permitting. The employee will then be subject to existing rules and practices governing service on such extra board.   

Q-8:    Is this rule intended to expand upon the displacement rights of an individual so as to create situations not currently provided for in existing agreements and practices?

A-8:    No. 

Q-9:    If an employee notifies the Carrier of their intent to displace beyond the 30 mile limit, can such employee notify the Carrier subsequent to the expiration of the 48 hour period of their desire to displace within the 30 miles?

A~9:   No. 

Q-10: How is the 30 miles limit to be measured -- rail or highway?

A-10:             Highway. 

Q-11:  When does the 48 hour time period within which the employee must exercise displacement rights begin?

A-11:   When properly notified under existing rules governing this situation.