If you concur with the above understanding, please acknowledge your concurrence in
the space provided below.
1) Kelly Lake is recognized as a terminal/automatic release point for engineers working in this pool service at Duluth-Superior with the following exceptions.
2) The current six (6) engineers (Attachment "A") in this pool will be grand fathered
and will continue to be paid three (3) separate slips (basic day minimum) for
operating a train Duluth/Superior to Kelly Lake, Kelly Lake to either Hibbing or
Keewatin and return, and Kelly Lake to Duluth/Superior.
3) Engineers not grand fathered in Article 2 operating a train Duluth/Superior to
Kelly Lake, Kelly Lake to either Hibbing or Keewatin and return, and Kelly Lake
to Duluth/Superior will be allowed two (2) separate slips (basic day minimum)
plus three (3) hours at mine rate, instead of the current payment of a basic day,
whenever a train is operated through Kelly Lake to Hibbing or beyond and return,
or to Keewatin and return.
4) Grand fathered engineers will continue to be allowed one special pay differential
for each minimum basic day slip or basic day while operating a train in this
service. Non grand fathered engineers will not be entitled to the third special pay
differential payment when crews operate through Kelly Lake as described in
Article 3, but will continue to be allowed one special pay differential for each of
the two remaining minimum basic day slips or basic days.
5) Grand fathered or not, pre-October 31, 1985 engineers deadheaded from Duluth-Superior directly to the points beyond Kelly Lake who then operate back to Kelly
Lake will continue to be compensated as they are today with a minimum basic
day in through freight service for the service Duluth-Superior to Kelly Lake. If
these engineers then operate through Kelly Lake on towards Superior, the
automatic release rule described in Article 1 will continue to apply to that service,
Kelly Lake to Superior, with such service compensated on the basis of an
additional minimum basic day in through freight service. In addition, Engineers
who operate from Duluth/Superior to Kelly Lake and then operate through Kelly
Lake to points beyond but are then deadheaded to Duluth/Superior without
operating back to Kelly Lake will also be governed by the automatic release rule
described in Article 1 and compensated as they are today with a minimum basic
day in through freight service Duluth/Superior to Kelly Lake, and an additional
minimum basic day in through freight service Kelly Lake back to
Duluth/Superior. In both cases described in this Article, three (3) hour payment
referenced in Article 3 will not be allowed. Pursuant to Article 4, a special pay
differential will be allowed for each minimum basic day allowed. This Article
will also apply to all extra board crews called to perform hours of service relief
under the Local Ore Pool Dog catch Agreement.
6) Until trip rates are implemented in this pool, post October 31, 1985 engineers will
be compensated in the same manner as described in Article 5 except when they
are deadheaded terminal to terminal (Duluth/Superior to Kelly Lake) separate
from service, they will be paid in accordance with Article VI of Arbitration
Award No. 458 dated May 19, 1986. When trip rates are implemented in this
pool, this provision will not be applicable.
7) For purposes of mileage regulation, the pool will continue to be regulated as it is
today on the basis of 7 trips at three slips each per half, this so long as only
grand fathered engineers are assigned in the service. When non grand fathered
employees are assigned in this service, their trips will be counted as 2 and 1/4 slips.
In the event that the pool turns faster than the current 7 trips per half,
grand fathered engineers will be laid off account miles by the Call Office once
they have accumulated 7 trips per half with their pool turns filled as temporary
vacancies. In cases where as a last resort short of holding trains, grand fathered
engineers laid off account miles may be canvassed for emergency work but
cannot be miss called if unavailable. If grand fathered engineers are called in
emergency and voluntarily accept work beyond 7 trips per half, they will be
compensated as a non grand fathered engineer pursuant to Article 3.
8) The trip rate for this pool, when implemented, will be computed based on three
(3) separate slips with SPD's for these six (6) grand fathered engineers only, and
any non grand fathered engineers will have their trip rate based on the two (2)
separate slips with SPD's plus three (3) hour payment, not the basic day, for this
movement through Kelly Lake and return.
9) The grand fathered protection referenced in Article 2 will remain in effect until the
last grand fathered engineer is no longer in active service or for a maximum of ten
(10) years, whichever occurs earlier. After that point, there will no longer be
grand fathered service and compensation in this service will be pursuant to Article