RULE 71-

PROMOTION TO CONDUCTOR

(a) In filling vacancies in the ranks of conductors all trainmen will be in line for promotion according to seniority on their respective seniority districts and their ability to perform the duties of conductors.

(b) Two Years' Experience ‑ Six Months' Road Service: No trainmen will be promoted to conductor unless he has had at least two years' experience in train or yard service on the district where he holds rights, or two years' experience as a freight brakeman on a railroad operating under standard rules. Men promoted in turn to conductors who have not had at least six months' experience as freight brakemen on the district where employed immediately prior to promotion will, nevertheless, be examined for promotion in their turn, and if they pass the examination, be given date as conductors, but will not be used either as extra or regular conductor until they have accumulated six months' service as freight brakemen, or on an extra board on the district where they hold rights that protect road freight service. All trainmen who have not been promoted to conductors by reason of the other provisions of the rules will be promoted to conductors in seniority turn on their seniority district after five years actual experience as a trainman on their seniority district without regard to the need for conductors.

NOTE: The term "accumulated six months' service" shall be construed to mean either consecutive or in the aggregate.

(c) Failure to Qualify ‑ Forfeitures: When a man reports for and fails to pass the required examinations for promotion to conductor on the first attempt and then at the first opportunity within a period of six months, or thereafter when notified by the Company, successfully passes the examinations for promotion to conductor, his seniority standing on the conductors' seniority roster will be the same as it would have been if he had passed the required examinations on his first attempt.

Trainmen failing to pass examination for promotion to conductor after second trial given within six months of the first examination, or trainmen who decline promotion to conductor either directly or by failure to qualify as conductor following promotion as required in paragraphs (a) and (b) of this rule, shall forfeit all right to promotion except as provided in this rule.

A man who fails to report for the required examination to conductor in his turn will be considered as having failed twice, and will forfeit his right to promotion In seniority order and will thereafter be governed by paragraph (f).

(d) Layoff ‑ Turn Preserved: If because of leave of absence, sickness or other causes beyond his control a man is unable to present himself for examination for promotion in his regular turn, his roster standing will not be affected provided he arranges to qualify at the first opportunity. Sickness will be acceptable only if verified by a doctor and approved by the Local Committee.

(e) Enforced Promotion ‑ Penalty: If, on any seniority district, additional conductors are needed and there are no trainmen available for promotion due to not having the experience provided for in this rule, trainmen who declined promotion, failed to pass the required examination for promotion, or who have failed to qualify with the necessary six months' service as freight brakemen, will be required to qualify as conductors in the order of their seniority as freight brakemen until the required number of conductors are added to the lists, and will date as conductor as of the time they pass the required examination. Failure to comply with this rule will result in forfeiture of the right to work in train or yard service until such time as the requirement is complied with.

(f) Not Promoted in Turn ‑ In Turn for) Further Promotion: Subject to the qualifying provisions of paragraph (b) of this rule, trainmen who for any reason have not been promoted to conductor in their turn, will upon written request to Superintendent be permitted to take examination for promotion to conductor ahead of junior trainmen in line for promotion.