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MEMORANDUM OP
AGREEMENT
Between the
NORTHERN PACIFIC
RAILWAY COMPANY
and the
BROTHERHOOD OF
LOCOMOTIVE ENGINEERS
Pursuant to notice served
by the Brotherhood of Locomotive Engineers upon the
Northern Pacific Railway Company, the five-day work week
rules of Article Ill, agreement "A", dated May
23, 1952, as revised, and the five-day yard rates of pay
shall become effective December 1, 1969 for engineers in
yard service.
For the purpose of
implementing the aforesaid provisions of Article III,
Agreement "A", of the Agreement dated May 23,
1952, the following understandings are entered Into:
Section I
At least ten days prior to
December 1, 1969, notices will be posted advertising all
regular yard assignments, including regular rest day
relief assignment for engineers. Such notices will
include information as to job number, starting time, days
assigned to work and rest days of the assignment
Applications will be received for a period of seven day
from date of notice All engineers applying for positions
under the notices shall designate, in the order of their
preference, the assignments of their choice. Such
designation will be by number as listed in the notices.
Local officers and Local Chairmen will arrange the
initial assignment of engineers to jobs in accordance
with seniority and preference9 after which notices will
be posted listing the names of the engineers assigned.
Section II
All yard assignments in
effect as of day preceding the date the five-day work
week is placed in effect will be considered abolished
upon completion of tour of duty commencing that date.
Section III
No deadhead payments will
be allowed as a result Of changing assignments in
accordance with provisions of this agreement to conform
to the five-day work week.
Section IV
(a) A regularly assigned
yard engineer who, for any reason, does not work on one
or more of the work days of the workweek of his regular
assignment may revert to the extra list on the rest day
or days of his regular assignment and be used therefrom
as hereinafter provided to fill yard vacancies only.
NOTE: The term "work
week" for a regularly assigned yard engineer means a
week beginning on the first day on which the assignment
is bulletined to work
(b) A regularly assigned
yard engineer who exercises his seniority from one
regular assignment to another either by reason of
displacement or otherwise and is required to lose one or
more of the work days or the assignment he had at the
time he exercised seniority to another assignment may
revert to the extra list on the work day or days of his
former assignment and be used there from as hereinafter
provided.
The work day or days lost
referred to in this paragraph means only the initial day
or days lost at the time an engineer exercises his
seniority to another assignment. This privilege must be
exercised within the fifteen (15) calendar day period
starting with the first days off of the "days off" period which he had at the time he exercised his
seniority to another assignment. However, if such an
engineer is unable to work because of insufficient
vacancies, he will be permitted to make up time lost on
subsequent rest days.
(c) Regularly assigned
yard engineers reverting to the extra list under the
provisions of paragraphs (a) and (b) hereof will be
placed first out on the extra list in accordance with
their relative seniority and availability. Such engineers
will be compensated at the straight time rate for the
first eight (8) hours’ service when called and used
from the extra list unless they are entitled to time and
one-half under the provisions of the Holiday Agreement.
(d) Regularly assigned
yard engineers desiring to revert to the extra list in
conformity with paragraph (a) hereof must file written
request for such work with the proper authority prior to
their first rest day of the assignment they are occupying
at the time the request is submitted.
Regularly assigned yard
engineers desiring to revert to the extra list in
conformity with paragraph (b) hereof must file written
request for such work with the proper authority prior to
completing service on the last shift of their former
assignment.
(e) If a regular yard
engineer takes the extra list as provided in paragraph (a)
hereof and is unable to work because of insufficient
vacancies, he will be permitted to make up the time lost
on subsequent rest days by complying with the provisions
of paragraph(d) above.
(f) A regular yard
engineer who reverts to the extra list under the terms
of this agreement will not be used to fill any vacancy
that will render him unavailable for his regular
assignment.
(g) A regularly assigned
yard engineer who reverts to the extra list under the
terms of paragraphs (a) and (b) hereof will not, except
as provided in Section VI, be permitted to work more than
one shift on a rest day when other engineers are
available.
(h) Regularly assigned
yard engineers desiring to work as provided in paragraphs
(a) and (b) hereof will contact the Local Chairman who
will verity such engineers' statements as to time worked
and time lost as referred to above. The men will be
marked for service according to the Local Chairman's
instructions to the proper Carrier personnel, all in
accordance with the provisions of this agreement.
(i) Regularly assigned
yard engineers reverting to the extra list as herein
provided must keep themselves available for call for
service on each day they are on the extra list.
Section V
For the purpose of
applying Section 6 of Article III of the Five Day Work
Week Agreement relating to extra employees, the
semimonthly periods will be from the first to the
fifteenth of the month, inclusive, and from the sixteenth
to the last day of the month, inclusive.
Section VI
(a) Should a vacancy occur
for any reason the service covered by this agreement
which would be filled from the engineers extra list and
the extra list is exhausted, the vacancy will be filled
in the following order:
- By the senior
available regular assigned yard engineer on his
rest day who has eight hours to work under the
Hours of Service Law and available to commence
work at the time and location where the
assignment goes to work, provided such service
would not render him unavailable for his regular
assignment.
- By the senior
available regular assigned engineer for whom it
is a work day who (a) has already worked that day,
(b) is available to commence work at the time and
location where the assignment goes to work and (c)
has eight hours to work under the Hours of
Service Law, provided such service would not
render him unavailable for his regular assignment.
- By the senior
available demoted engineer.
(b) Regular assigned yard
engineers who have signified in writing their desire to
be used under the provisions of subparagraphs 1 and 2
will be given preference and will be used in accordance
with their seniority and availability.
(c) Written application of
desire to perform service under provisions of
subparagraphs I and 2, or to change previously expressed
desire, must be submitted in duplicate to the appropriate
supervisory officer, who in turn will furnish a copy to
the Local Chairman of the BLE. Regular yard engineers
expressing desire to perform extra work as provided
herein will he required to indicate in their written
applications the shift period or periods for which they
will be available.
(d) A list of regular yard
engineers who have made written application as
hereinabove prescribed will be set up, maintained and
posted at the location where the crew board is situated,
which, in addition to listing the names of the applicants
in seniority order, will indicate the shift period or
periods for which they will be available.
Regular yard engineers who
have signified their desire to perform extra yard service
under the provisions will be required to protect such
extra work for the shift period or periods as shown in
their written applications, unless they seek and secure
permission to lay off in the usual manner.
A regular yard engineer
whose name is on the list in conformity with the
foregoing may by written request have his name removed
upon five (5) days' advance written notice to appropriate
supervisory officer and Local Chairman of the BLE. If
such a regular yard engineer elects to have his name
removed, he will not again be permitted to submit written
application for extra yard service until five (5) days
have expired from the date his requested removal from
such list becomes effective.
(e) A regular yard
engineer whose name is on the list of regular yard
engineers desiring extra yard service may change
designation of the shift period or periods he will be
available for, once during any seven (7) day period
commencing with Monday, providing such request is
submitted in the manner prescribed in paragraph (c) of
this section.
Section VII
At locations where regular
rest day relief assignments are not established and no
engineers' extra list is maintained at such locations
the rest day work will be performed by the regular
assigned engineer at the straight time rate of pay.
Section VIII
(a) Transfer assignments,
except Transfers No. 2 and 3 in the Twin City Switching
Limits and the Old Town Transfer in the Head of the Lakes
Switching Limits, will, on the effective date of this
agreement, be governed by yard rules and working
conditions rather than road rules and working conditions
and be subject to Article III of the May 23, 1952
Agreement. Such assignments will be paid the yard rate.
(b) Transfers No's, 2 and
3 in the Twin City Switching Limits and the Old Town
Transfer in the Head of the Lakes Switching Limits will
be subject to Article III of the May 23, 1952 Agreement
and continue to be governed by road rules and working
conditions, Such assignments will be paid the transfer
rate.
Section IX
This agreement supersedes
the provisions of any rules or agreements that are in
conflict therewith.
Section X
This agreement shall
become effective December 1, 1969 and shall remain in
effect until changed in conformity with the provisions of
the Railway Labor Act, as amended.
For the
BROTHERHOOD OF LOCOMOTIVE
ENGINEERS:
For the:
NORTHERN PACIFIC RAILWAY
COMPANY:
November 14, 1969
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