1957 National Agreement
Table of Contents
EDIATION AGREEMENT This Agreement made this 18th day of Ju1y, 1957, by and between the participating carriers listed in Exhibits A., B and C, attached hereto and made a part hereof, and represented by the Eastern, Western and Southeastern Carriers’ Conference Committees, and. the locomotive engineers (motormen) of such carriers shown thereon and represented by the Brotherhood of Locomotive Engineers through their conference committee. IT IS HEREBY AGREED:
ARTICLE I - WAGE INCREASE - GENERAL (a) Effective November 1, 1956, all standard basic dai1y rates of pay of locomotive engineers (motormen), in effect October 21, 1955, shall be increased by an amount equal to 6.0 per cent of the average basic daily rates of locomotive engineers (motormen). (b) Effective November 1, 1956, the increase in rates of pay provided for in paragraph (a) of this Article 1 will result in the following standard basic daily rates of pay for locomotive engineers (motormen): Standard Basic Daily Rates of Pay - As of November 1, 1956 LOCOMOTIVE ENGINEERS (MOTORMEN) - PASSENGER SERVICE Rates not reproduced. (c) In application of the increase provided for in paragraphs (a) and (b) of this ARTICLE I -
(d) Effective November 1, 1955, existing basic daily rates of pay, other than Standard, of locomotive engineers (motormen) shall be increased the same amount of money as provided for standard rates. (e) Effective November 1, 1956, the minimum daily earnings established by
Article III (b) of the Agreement of October 27, 1955 shall be $l9.65. ARTICLE II — SECOND-YEAR PAY RAISE. (a) Effective November 1, 1957, all standard basic daily rates of pay to locomotive engineers (motormen) shall be further increased so as to produce an amount equal to 9.5 per cent of the average basic daily rates of locomotive engineers (motormen) as of October 31. 1956. (b) Effective November 1, 1951, the increase in rates of pay provided for in paragraph (a) of this Article II will result in the following standard basic daily rates of pay for locomotive engineers (motormen): Rates not reproduced. (c) In application of the increase provided for in paragraphs (a) and (b) of this ARTICLE II
(d) Effective November 1, 1957, existing basic daily rates of pay, other than standard, of locomotive engineers (motormen) shall be increased the same amount of money as provided for standard rates. (e) Effective November 1, 1957. the minimum daily earnings established by Article III (b) of the Agreement of October 27, 1955 shall be $20.32. ARTICLE III — THIRD-YEAR INCREASE (a) Effective November 1, 1958. all standard basic daily rates of pay of locomotive engineers (motormen) shall be further increased so an to produce an amount equal to13.0 per cent of the average basic daily rates of pay of locomotive engineers (motormen) as of October 31, 1956. (b) Effective November 1, 1958, the increase in rates of pay provided for in paragraph (a) of this Article III will result in the following standard basic daily rates of pay for locomotive engineers (motormen): Standard Basic Daily Rates of Pay — As of November 1, 1958 LOCOMOTIVE ENGINEERS (MOTORMEN) - PASSENGER SERVICE Rates not reproduced. (c) In application of the increase provided for in paragraph (a) and (b) of this ARTICLE III -
(d) Effective November 1, 1955, existing basic daily rates of pay, other than standard, of locomotive engineers (motormen) shall he increased the same amount of money as provided for standard rates. (e) Effective November 1, 1958 the minimum daily earnings established by Article III (b) of the Agreement of October 27, 1955 shall be $20.99.
ARTICLE IV - COST-OF-LIVING ADJUSTMENT (a) Wage rates resulting from the increases provided for in Articles I, II and III of this Agreement, without taking into consideration cost—of—living adjustments, will not be reduced under this Article IV. however, such wage rates are subject to a cost-of-living adjustment to be made on the dates provided in paragraph (b) whereby the adjusted rate as of May 1 and November 1 each year will exceed the rates resulting from the increases provided for in Articles I, II and III by 1¢ per hour for each five-tenths of a point by which the index specified in paragraph (b) as of March and September, respectively, each succeeding year exceeds the index of 117.1 for September 15, 1956. The initial allowance of 1¢ per hour made when the index reaches 117.6 will not be eliminated unless the index reaches the 117.1 level or less. (b) The coat—of—living adjustment will be determined in accordance with changes in the ‘Consumer Price Index —— United States city average, all items’ (1947—1949=100) - as published by the Bureau of Labor Statistics, U. S. Department of Labor, end hereafter referred to as the MS Consumer Price Index. The cost-of-living adjustment shall be made commencing May 1, 1957, and each sixth month thereafter based on the BLS Consumer Price Index as of March, 1957, and the BLS Consumer Price Index each sixth month thereafter as illustrated by the following tables: |
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Effective Date of Adjustment — first pay period on or after: May1, 1957 November 1, 1957 May1, 1958 November 1, 1958 May1, 1959 November 1, 1959 |
| The coat—of—1iving adjustments when provided for shall remain in effect to date of subsequent adjustment. The cost-of-living adjustments wil1 be applied as a wage increase or a wage reduction the same manner as provided for in paragraph (c) of Articles I, II and III hereof. (a) The adjustments are to be made on the dates as illustrated in paragraph (b) of this Article in the amounts illustrated in the following table:
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| BLS Consumer Price Index 117.1 and less than 117.6 117.6 and less than 118.1 118.1 and less than 118.6 116.6 and less than 119.1 119.1 and less than 119.6 |
Cost—of—Living Allowance None 1 cent per hour 2 cents per hour 3 cents per hour 4 cents per hour |
| and so forth, with corresponding 1 cent per hour adjustment for each .5 point change in the index, (d) In the event the Bureau of Labor Statistics does not issue the specified BLS Consumer Price Index on or before the effective dates specified in paragraph (b), the cost-of-living adjustment will increase effective on the first day of the pay period during which the index is released. (e) No adjustments, except as provided in paragraph (f) shall be made because of any revision which may later be made in the published figures of the BLS Consumer Price Index for any base month. (f) The parties to this Agreement agree that the continuance of the coat-of-living adjustment is dependent upon the availability of the official monthly BLS Consumer Price Index in its present form and calculated on the same basis as the Index for September, 1956, except that, if the bureau of Labor Statistics, U. S. Department of Labor should, during the effective period of this Agreement, revise or change the methods or basic data used in calculating the BLS Consumer Price Index in such a way as to affect the direct comparability of such revised or changed index with the index for September, 1956. then that Bureau shall be requested to furnish a conversion factor designed to adjust to the new basis the base index for September, 1956, described in paragraph (b) hereof.
ARTICLE V - PAID HOLIDAYS FOR YARD ENGINEERS Section 1 - Options Each of the options set forth baby shall be subject to thirty days advance notice ices,, the General Chairman or other authorized representative of the Brotherhood of Locomotive Engineers on the individual railroad 5yatem or systems where it in desired to place in effect the holiday provisions contained in Sections 2 and 3 of this Article 11: Option A - If notice is given on or before October 1, 1957, Sections 2 and 3 of
this Article V shall become effective November 1, 1957, and the basic doily rates
of pay of yard engineers shall be adjusted as set forth below: (a) Effective November 1, 1957, standard basic daily rates of pay of yard engineers shill be 16g per day less than the rates shown in paragraph (b) of Article II of this Agreement. The increase to be added to other than standard basic daily rates, effective November 1, 1957, under paragraph (d) of Article II of this Agreement, shall be reduced 16¢ per basic day. (b) Effective November 1, 1958, standard basic daily rates of pay of yard engineers shall be 32¢ per day loss than the rates shown in paragraph (b) of Article III of this Agreement. The increase to be added to other than Standard basic daily rates, effective November 1, 1958, under paragraph (d) of Article III of this Agreement, shall be reduced 16¢ per basic day. Option B - If notice is given on, or before October 1, 1958, Sections 2 and 3 of this Article V shall become effective November 1, 1958, and the basic daily rates of pay of yard engineers shall be adjusted as set forth below: Effective November 1, 1958, standard basic daily rates of pay of yard engineers shall be 32¢ per day less than the rates shown in paragraph (b) of Article III of this Agreement. The increase to be added to other than standard basic daily rates, effective November 1, 1858, under paragraph (d) of Article III of this Agreement, shall be reduced 32¢ per basic day. Option C - If notice is giver on or before December 1, 1958, or December 1 of any calendar year thereafter, Sections 2 and 3 of this Article V shall become effective January 1 the following calendar year, and concurrent therewith, all basic daily rates of pay of yard engineers shall be decreased in the amount of 32¢ per basic day. Section 2 — Regularly Assigned Yard Engineers (a) On the effective date of the option adopted pursuant to Section 1 of this Article V, each regularly assigned yard engineer, who meets the qualifications provided in paragraph (b) hereof, shall receive one basic day’s pay at the pro rats rate for each of the following enumerated holidays when such holidays fall on an assigned workday of the work week of the individual employee:
Note: When any of the above-listed holidays falls on Sunday, the day observed by the State or Nation shall be considered the holiday.
Section 3 - Extra Yard Engineers (a) On the effective date of the option adopted pursuant to Section 1 of this Article V, each extra yard engineer who meets the qualifications provided in paragraph (b) of this Section 3 shall receive one basic day’s pay at the pro rata rate when service as a yard engineer is performed on any of the following enumerated holidays
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 days pay shall be at the rate of pay of the first tour of duty 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) To qualify, an extra yard engineer must not lay off of his own accord any part of the calendar day immediately preceding and immediately following the holiday, and must perform service as a yard engineer on such holiday, which service is paid for on an hourly or daily basis and is subject to yard rules and working conditions.
(c) Rules governing payment for service rendered on the holidays enumerated above are not changed hereby. Service performed on such days shall be paid for at the rate provided in existing schedules, end the allowance of one basic day’s pay provided tot in paragraph (a) of this Section 3 for qualifying engineer shall be in addition thereto. (d) Holiday payments made pursuant to paragraph (a) of this Section 3 shall be applied against weekly or monthly guarantees. Nothing in this Section 3 shall be considered to create a guarantee where none now exists. (e) As used in this Section 2 the terms ‘calendar day’ and ‘holiday” on which yard service is performed refer to the day to which service payments are credited. (f) Nothing in this Section 3 shall be considered to change or modify application of the Vacation Agreement effective .July 1, 1949, as amended, and Article 3 (Six-Day Work Week) of the Interim Agreement, or Article 3 (five-Pay Work Week) of agreement “A”, of May 23, 1952, as amended. ARTICLE VI - PICKING AND SETTING OUT DIESEL UNITS IN
ROAD SERVICE Road engineers on Diesel locomotives who are receiving road rates of pay and paid under miles applicable to road service, who are required to set out or pick up a diesel unit (or units) between terminals of a particular run which involves the making or breaking of connections between the units by a member of the engine crew, will be paid 30 minutes at the pro rate rate of the trip. The allowance provided for herein shall be paid but once at each point where such service is performed, regardless of the number of units set out or picked up at such point. The tune “unit (or unite)’ is intended to mean a unit or units that were operated or era to be operated by the engineer on run on which the service is performed. The allowance provided for herein will not be applicable when a unit or units are picked up or set out because of mechanical failure. This Article VI does not convey a contractual right to the set-vice referred to in the first paragraph of this Article. Any Brotherhood of Locomotive Engineers’ General Committee, party to this Agreement, shall have the option of adopting this Article VI for the territory covered by the schedule agreement upon serving a sixty day notice to the employing carrier. Where on an individual carrier an existing rule has been interpreted to apply to the picking up or setting out of a Diesel unit (or units), there shall be no duplication of payment under that rule and this Article VI in the event the Brotherhood of Locomotive Engineers’ Committee on such carrier accepts this Article VI. ARTICLE VII - FIVE-DAY WEEK ASSIGNMENTS FOR YARD
ENGINEERS Where, with substantial regularity, there are only five days of work per week for a particular assignment, the carrier will bulletin or otherwise establish such assignment for five days per weak, and thereafter the yard engineers filling such assignment, either the regularly assigned engineer, or an extra engineer, will be paid the five-day week yard rates for service performed on the five days included in such assignment. Service on shifts or on days not included in the assignment will be paid for on the basis and at the rate applicable to the service performed. Rules guaranteeing more than five days per week on yard assignments are hereby modified on carriers where this rule is adopted so ax to conform to the principles of this Article VII. Nothing in this Article VII shall be construed to create a guarantee, or to change or modify rules or practices dealing with the carrier’s right to annul assignments. Except as specifically provided herein, none of the provisions of Article 3 (Six-Day Work Week) of the Interim Agreement, or Article 3 (Five-Day Work Week) of Agreement ‘A’, of May 23, 1952, as amended, are affected hereby. Any Brotherhood of Locomotive Engineers’ General Committee, party to this Agreement, shall have the option of adopting the foregoing rule for the territory covered by the schedule agreement upon serving a sixty day notice to the employing carrier. Existing rules, agreements, understandings and practices covering the exercise of seniority rights and the filling of vacancies are not affected by thin rule.
ARTICLE VIII - DURATION OF AGREEMENT. The purpose of this Agreement is to fix the general level of compensation during the period of this Agreement. Therefore, subject to the provisions of paragraphs (d), (e) and (f) of this Article, and the exception contained in Article XI, no carrier or organization, party to this Agreement, will serve any notice or progress any pending notice to - (a) Increase or decrease rates of pay established by Articles I, II, III, IV and V of this Agreement. (b) Increase or decrease the rate of compensation provided in existing agreements or understandings, or eliminate or establish agreements providing the rate of compensation, covering overtime payments, arbitrary payments, Sunday or holiday payments, constructive allowance payments; negotiate other agreements providing for paid holidays, or which would have the effect of increasing or decreasing the number of paid vacation days or holidays, or of increasing or decreasing the number of employees required to be used under existing agreements. (c) Establish a hospital, medical or surgical plan for employees and their dependents. (d) This Article VIII will not debar management and committees on individual railroads from agreeing upon any subject of mutual interest. (e) This Article VIII does not prevent the progression of pending notices served prior to November 1, 1956, of desire to negotiate an agreement on behalf of engineers for the allowance of additional compensation for the use of radio equipment. The progression of such notices referred to herein will be confined to handling on individual properties will, the understanding that if the issue is not disposed of in direct negotiations and further progression is desired, it rang only be submitted to arbitration under the Railway labor Act; it being understood that the arbitration award which may be rendered will be final and binding upon the parties and further that the issue thus disposed of may not again be reopened during the term of this Agreement. (f) This Article VIII does not prevent the progression of pending notices, the serving of notices, end the negotiation of agreements on other matters not prohibited by the foregoing provisions of this Article VIII. (g) Notwithstanding the provisions of Article XI of this Agreement, this Article VIII shall terminate affective November 1, 1959.
ARTICLE IX - APPROVAL. This Agreement is Subject to approval of the courts with respect to carriers in the hands of receivers or trustees, ARTICLE X — DISPUTES COMMITTEE. (a) Any dispute involving the interpretation or application of any of the terms of this Agreement end not settled on the carrier, shall be referred jointly or by either party for decision to a committee, the carrier members of which shall be the chairmen of the carriers’ conference committees signatory hereto, or their representatives or successors, and the employee members of which shall be three representatives selected by the Brotherhood of Locomotive Engineers. The committee shall meet twice annually, between January 1 and June 30, and between July 1 and December 31, if any disputes are to be decided. A majority vote of members of the committee shall be necessary to decide a dispute. In the event the committee as so constituted is unable to reach a decision with respect to any submitted dispute or disputes, the committee shall endeavor to agree upon the selection of a neutral referee to sit with the committee and act he a member thereof in the decision of such submitted dispute or disputes. Should the committee be unable or fail to agree upon the selection of a neutral referee, any three members of the committee may request the National Mediation Board to appoint an Neutral referee. Decisions of the committee shall be final and binding upon the parties to the dispute or disputes. (b) Unless otherwise agreed to by the Disputes Committee, disputes which have been duly submitted to the committee in conformity with the procedures adopted to implement this Article X between January 1 and June 30, both inclusive, in any year shall be decided or deadlocked between July 1 and December 31 of that year, and such disputes as are so submitted between July 1 and December 31 of any year, both inclusive, shall be decided or deadlocked between January 1 and June 30 of the following year. In the event a party hereto shall fail or refuse to on any occasion to select its members to serve on the committee, or shall fail or refuse to insect within the time limits prescribed by this Article X, with respect to any money claims arising out of Articles I, II, III, IV, V. VI and VIII, the then pending define shall be regarded as decided in favor of the party not guilty of such failure or refuses and settled accordingly but without establishing a precedent far any other cases. With respect to other disputes, should a party hereto fail or refuse on any occasion to select its members to serve on the committee, or fail or refuse to insect within the time limit, then the representatives of the other party may apply to the National Mediation Board to appoint a neutral referee to decide such dispute or disputes.
ARTICLE XI - EFFECT OF THIS AGREEMENT This Agreement is in settlement of the dispute growing Out of notices
served on time carriers listed in exhibits A, B and C on or about September 1, 1956,
and of the proposals served concurrently by the individual railroads on organization
representatives of the employees involved, and shall be construed as a separate agreement by and on behalf of each of said carriers and its employees
represented by the organization signatory hereto, and shall remain in
effect until October 31, 1959 and thereafter until changed or modified in
accordance with the provisions of the Railway Labor Act, as amended, except that notices
for general increases or decreases in basic rates of pay, to become effective
not earlier than November 1, 1959, may be served for handling on a regional
at national basis under the procedures of the Railway Labor Act, as amended,
before the expiration of the three-year period but, prior to November 1, 1959,
no change, except by agreement, shall be made by the parties to the controversy
in the conditions out of which such a dispute may arise. SIGNED AT CHICAGO, ILLINOIS, THIS 18th DAY OF JULY, I957. FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES REPRESENTED Signatures not reproduced. |
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