1954 GN Schedule Rule - Appendix
Interpretative Agreement, Rule 45The terms of Agreement made at Chicago, effective April 1, 1908, (quoted below), are hereby reaffirmed and made a part of this schedule. See Rule 45.
COPY of Memorandum of Agreement between the Order of Railway Conductors, Brotherhood of Railroad Trainmen, Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, and a committee of General Managers of Railways, effective April 1, 1908.
Article 1. Under the laws limiting the hours on duty, crews in road service will not be tied up unless it is apparent that the trip cannot be completed within the lawful time; and not then, until after the expiration of fourteen hours on duty under the Federal Law or within two hours of the time limit provided by State laws if State laws govern.
Article 2. If road crews are tied up in a less number of hours than provided in the preceding paragraph, they shall not be regarded as having been tied up under the law, and their services will be paid for under the individual schedules of the different roads.
Article 3. When road crews are tied up between terminals under the law, they shall again be considered on duty and under pay immediately upon the expiration of the minimum legal period off duty applicable to the crew, provided the longest period of rest required by any member of the crew, either eight or ten hours, to be the period of rest for the entire crew.
Article 4. A continuous trip will cover movement straight-away or turn-around, from initial point to the destination train is making when ordered to tie up. If any change is made in the destination after the crew is released for rest, a new trip will commence when the crew resumes duty.
Article 5. Road crews tied up under the law will be paid the time or mileage of their schedules, from initial point to tie-up points. When such crews resume duty on a continuous trip, they will be paid miles or hours, whichever is the greater from the tie-up point to the next tie-up point, or to the terminal. It is understood that this article does not permit crews to be run through terminal unless such practice is permitted under their schedules.
Article 6. Road crews tied up for rest under the law, and then towed or deadheaded into terminal, with or without engine or caboose, will be paid therefor as per Article 6, the same as if they had run the train to such terminal.
Article 7. If any service is required of an engine crew, or if held responsible for the engine during the tie up under the law, they will be paid for all such service.
Article 8. The foregoing articles constitute an agreement for the railway companies named In the original memorandum and their conductors, trainmen, engineers and firemen, as to runs that are tied up In conformity with the law, and becomes a part of the schedules or agreements f these roads, and subject to their provisions as to amendment by mutual consent. Nothing herein contained shall be construed to amend or annul any rule In the various agreements with individual roads.
Question 19. In connection with payment to crews tied up between terminals under the law, Mr. W. T. Tyler, Director Division of Operation, addressed the following letter to the Regional Directors under date of February 16, 1920. "Question and answer No. 76 of Interpretation No. I to Supplement No. 24, and question and answer No. 101 of Interpretation No. I to Supplement No. 25 read: .
'Question: Does this section contemplate the payment of continuous time between terminals whether crews are tied up under the law or otherwise?'
'Decision: Yes; deducting time tied up under law, schedule rules, or accepted practices.'
'Under this decision questions have arisen whether there was any intent to change the application of the rules for the application of the 16-hour law, covering cases where crews are tied up and resume duty, or when tied up and then towed or deadheaded into terminals. "When the decision was agreed upon with the representatives of the engine and train service organizations it was distinctly understood that there would be no change in the basis of payment provided in the existing rules for the application of the 16-hour law.
"I will therefore be pleased If you will instruct the Federal Managers accordingly."
As the bases of Payment in existing rules are not changed, what method of computation should be used to 104 determine when time and one-half rate for overtime begins?
Decision: When crews are tied up between terminals under the law there are two periods when time begins on such trips and for these two periods time must be separately computed to determine when the punitive overtime rate applies. The first computation of time begins at the time from which road overtime Is computed at Initial terminal. The second computation of time begins when the crew goes on pay after the tie-up and time and one-half will be paid after eight (8) hours where the distance run is 100 miles or less and after the time equivalent of the miles divided by 12% where the distance run is over 100 miles.
If the crew is relieved under the law and deadheads or is towed to terminal they will be paid therefor the same as if they had run the train to such terminal.
APPENDIX "B" AGREEMENT COVERING TRANSMISSION OF TRAIN ORDERS, DATED APRIL 30,1941.
Memorandum of Agreement Between Great Northern Railway Company and Order of Railroad Telegraphers, American Train Dispatchers' Association, Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen & Enginemen, Order of Railway Conductors, and Brotherhood of Railroad Trainmen.
(1) It Is hereby agreed that train and engine service employees will not be required to call the dispatcher for the purpose of receiving orders governing the movement of trains, and that train and engine service employees will neither be required nor permitted to copy train orders governing the movement of trains other than in emergencies as herein defined.
(2) Emergencies as herein specified shall include casualties or accidents, engine failures, wrecks, obstruction of tracks, washouts, tornadoes, storms, slides or unusual delays due to hot box or break-in-two that could not have been anticipated by dispatcher when train was at last previous telegraph office, which would result in serious delay to traffic.
(3) When no emergency exists, as above defined, an inquiry by train or enginemen as to the time or location of another train or in connection with their work, will not be considered a violation of this agreement when it does not involve the transmission of train orders, messages of record, reports of 0 S of trains.
(4) It shall not be considered as a violation of this agreement for train or enginemen to obtain necessary clearance at an automatic block or automatic interlocker signal in stop position due to signal failure, or for train or enginemen on branch line trains to obtain check of trains direct from the dispatcher, at Junction points where a telegrapher is not now employed, but only on such trains as are due to arrive at such Junction point after branch line train has passed the last telegraph or telephone office before arrival at junction
Signed at St. Paul, Minn., this 30th day April, 1941.
Memorandum of Agreement between Great Northern Railway Company and
Brotherhood of Locomotive Engineers
In the handling of unassigned passenger service between Great Falls and Billings, which is not specifically covered by schedule Rule 74 of the current schedule agreement between the parties hereto, due to the passenger terminal at Billings and the freight terminal a Laurel not being at the same point, IT IS AGREE that such unassigned passenger service will be filled I accordance with the provisions of paragraph In current schedule Rule 74, subject to the following additional provisions.
Chain gang engineers deadheaded between Billings a Laurel in connection with the performance of unassigned passenger service will be paid actual time or miles whichever is the greater from roundhouse to point service or vice versa.
When a chain gang engineer is called at Laurel, aft held-from-home-terminal time has commenced un schedule Rule 37, to deadhead to Billings and continue there from in unassigned passenger service, he will paid all held-from-home-terminal time already accrued when called, plus deadheading as above provided, and w then go automatically on duty at arrival at Billings from which point his road trip will commence.
When a chain gang engineer Is called at Laurel, aft held-from-home-terminal time has commenced under schedule Rule 37, for light engine movement Laurel Billings and continued movement In unassigned passenger service Billings to Great Falls, held-from-home-terminal time will be computed continuously from time of t up at Laurel until departure from Billings, without deduction from actual miles run and without claim for runaround as between such engineer and other chain gang engineers at Laurel. If delayed at Billings more than one hour, initial terminal delay will be allowed per schedule Rule 31 (a) for the actual period of au delay, except that such delay will not be paid for as hold-from-home-terminal time and as Initial terminal.
When a chain gang engineer arrives at Billings In unassigned passenger service and Is deadheaded or run light to Laurel, he will stand for service out of Laurel thereafter, and his held-from-home-terminal time will be computed as of the time of his arrival at Billings. If tied up at Billings, he will be considered as tied up between terminals under the provisions of schedule Rule 43.
APPENDIX "D" (referred to in Rule 30)
MEMORANDUM of AGREEMENT between Great Northern Railway Company and Brotherhood of Locomotive Engineers regarding the handling of road engineers In the Twin City Terminals.
1. The arriving and departing points for freight trains operated into or out of the terminals at St. Paul and Minneapolis, for the purpose of computing road service or terminal allowances, shall be as follows:
(a) For trains via Northtown Junction, Van Buren Street.
(b) For trains via Clearwater Junction,
(1) when run via Minneapolis Junction, Harrison Street.
(2) When run via Stone Arch Bridge. (including silk, berry or fish trains) (when paid on freight basis), First Street.
2. Movement of engines or freight trains between the terminal points above designated, and points east thereof to the end of Great Northern tracks at St. Paul Levee, (including stub tracks in levee yard and St. Paul Union Depot, and connection with CB&Q trains in North Q Yard at Division Street), shall be considered as terminal movements, and shall be paid for as continuous time on the basis of 121/2 miles per hour, when the trip is made in miles. It crews are not returned to Minneapolis with their engines, fifteen (15) miles deadheading will be allowed for crews returning to Minneapolis terminal as per Engineers Rule 41(d).
3. The movement of trains west or north of the terminal points above designated, to and including yard limit boards on the lines running to Wayzata, Osseo and Coon Creek, shall be considered as road movements, and no switching allowances shall be made for picking up or setting out cars within such limits.
4. If a crew running via Stone Arch Bridge is not tied up until after a succeeding train running via Minneapolis Junction the order of their respective arrivals at First Street shall determine the order in which they are marked up for their next service, and the first crew to arrive at First Street shall not be run around by reason of their divergent routing there from.
5. It is understood and agreed that the provisions of this agreement are not Intended to supplant regularly assigned Twin City Transfer service, and will not be so used.
6. The provisions of this agreement shall be effective as of July 1st, 1930.
7. This agreement shall continue in effect until ten (10) days after notice in writing of desire for modification or cancellation thereof shall have been given by either party hereto to the other.
APPENDIX "E" (referred to in Rule 30)
MEMORANDUM of AGREEMENT between Great Northern Railway Company and the Brotherhood of Locomotive Engineers.
In correction of any existing contrary arrangements or understandings, and to provide a definite and satisfactory method of application of rules at the points herein designated, the Great Northern Railway Company and its employees represented by the Brotherhood of Locomotive Engineers, agree as follows:
1. The recognized switching and transfer service zones, through joint facility agreements and location of yard limit boards, at certain points extend beyond the rails of the Great Northern Railway Company, and beyond certain recognized stations for set-out and pick-up. At Everett, Washington, such zone extends from Delta to a point East of Lowell, and to a point South of the Oil Spur at Mile Post 31; at Seattle, Washington from Interbay to a point South of Holgate Street; at Tacoma, Washington to a point South of South Tacoma, and at Portland, Oregon to Lake Yard.
2. In connection with the prompt handling of cars originating at or destined to points outside of the recognized switching zone, certain trains having their terminal at Delta, Interbay, Tacoma or Portland are required to pick up or set out such cars at points such as Lowell, Oil Spur, Holgate Street, South Tacoma or Lake Yard, which points are not within the territory comprising the terminal yard proper, but are within the recognized switching or transfer zone, handled from such terminal yard.
3. When such outbound trains are required to pick up cars or inbound trains are required to set out cars at such outlying points, the train and engine crews will be paid as switching for actual time expended in making such pick up or set out at the outlying point, with a minimum of 10 minutes at each location thus served.
4. If such trains are required to perform terminal switching in the terminal yard proper, in addition to making pick-ups or set-outs at an outlying point, they will be paid switching allowance continuously from the time switching is commenced at the initial terminal yard, until completion of the pick up at the outlying point, or continuously from the beginning of set out service-at the outlying point until completion of the switching service in the terminal yard proper.
5. It Is understood that this service is in connection with the prompt handling of cars hauled in such t outside of the switching zone, and is not applicable the handling of cars exclusively within the switch zone. If cars are handled within the switching zone o by a road crew, such as movement of a car from lute to Holgate Street, or vice versa, without any road h it Is understood that such movement is purely a term switching movement, and Is payable as such, from inception until the completion of such movement.
It is understood and agreed that this prescribed met of handling is applicable only to the switching z specified, unless extended by mutual agreement to o locations, and that it is in conformity with existing r and practices covering yard and terminal switch service.
This agreement shall become effective May lst, 1 and continue in effect until thirty days after notice writing Is given by any of the parties hereto to the of their desire for cancellation or amendment.
"APPENDIX "F" (referred to in Rule 30)
To facilitate the handling of competitive freight shipments out of the Portland, Oregon terminals, which are otherwise delayed in joint facility territory, the Great Northern Railway Company and Its employees represented by the Brotherhood of Locomotive Engineers agree as follows:
1. When freight shipments from points, yards or sidings South of Vancouver, Wash., (including S. P. & S. yard, Guilds Lake Yard, Oceanic Dock, North Portland and Willbridge), are handled in a train out of Portland Switching Zone, without being switched in station order, road crews may be required to perform necessary switching to so classify or block such cars, at Vancouver, Washington or points north thereof.
2. When such classification or block switching of business from Portland switching zone is performed by road crews at Vancouver, Washington or north thereof, such switching will be paid for on a minute basis for actual time so consumed, in addition to pay for the trip, regardless of point where actually done, the same as it would have been it performed at the initial terminal.
3. It is understood and agreed that such payment for classification or block switching, at intermediate points, of cars handled in a train, applies only to cars actually taken out of Portland Switching Zone by a train having its initial terminal at Portland and does not apply to the picking up in proper station order of cars picked up a Vancouver, Washington or other intermediate points be tween Vancouver, Washington and Interbay, Washington.
4. This agreement shall become effective as of Ma 1st, 1938, and continue until thirty days after written notice shall have been given by any of the parties beret
APPENDIX "G" (referred to in Rule 74h)
April 30th, 1938
Dear Sir: Referring to conference with your General Committee, in regard to filling of permanent vacancies and new runs on the Mesabi Division prior to the expiration of the ten- day bulletin period.
We are agreeable to providing that on the Mesabi Division, when new runs or permanent vacancies require the bulletining of such service, the senior engineer applying for such service will be so placed at once, and the service will not be reserved to the extra board for the full ten day bulletin period after such applications are received.
It is my understanding that you desire this to apply on the Mesabi Division only, and that there Is to be no change in your bulletin rule or practice there under.
I would be glad of your acknowledgment of such arrangement, which I am asking Division Superintendent to make effective at once.
/s/ J. C. Rankine
May 3rd, 1938
Dear Sir: This will acknowledge yours of April 30th, 1938, with reference to conference with Engineers' General Committee in regard to fl1ling permanent vacancies and new runs on the Mesabi Division prior to expiration of 10-day bulletin period.
This will acknowledge your agreement to the arrangement requested by the engineers, with the understanding that this arrangement will apply to the Mesabi Division only, and that there will be no change in our bulletin rule or practice there under.
Yours very truly,
APPENDIX "H" (referred to in Rule 28f)
MEMORANDUM of AGREEMENT and UNDERSTANDING between the Brotherhood of Locomotive Engineers, as represented by local chairman, Mr. J. J. Murphy, of Lodge 798, and the Great Northern Railway Company, as represented by Messrs. J. L. Close, S. G. Clark and 1. E. Clary.
It Is agreed that Engineers assigned to New Westminster yard engines may be used and tied up in the Vancouver, B. C. yard, with the following understanding:
When the requirements necessitate having the switch engineers who are assigned to the Westminster Yard, tie up at Vancouver, B. C., the engineers assigned to such engine will receive compensation for the actual mileage at road rate from Vancouver, B. C. to New Westminster, and from New Westminster to Vancouver, B. C., in addition to other compensation.
The New Westminster yard engineers may also be used to perform the following service at Vancouver, B. C.: Handling of perishable freight or switching of passenger equipment or performing interchange of freight or passenger equipment only, at this point. When the permissible service is performed, such engineers will be compensated for the time consumed at a time and one-half rate, in addition to all other service, with a minimum of one hour for such switching and no deduction made from the total time on duty for such service. If these engineers are used in Vancouver, B. C. (except as outlined in this paragraph), an additional day Is payable for such switching service.
If at any time it becomes necessary to assign switch engineers exclusively to New Westminster area, the engineers so assigned will be paid one hour at road rate each way, in addition to other compensation, to compensate them for deadheading from Vancouver to New Westminster and return.
It Is agreed that this agreement will remain in effect until thirty (30) days' notice shall have been given by either party asking for its cancellation or amendment.
/s/ J. J. Murphy Local Chairman, Lodge 798,
MEMORANDUM OF AGREEMENT BETWEEN THE GREAT NORTHERN RAILWAY COMPANY AND THE GENERAL COMMITTEE OF ADJUSTMENT, BROTHERHOOD OF LOCOMOTIVE ENGINEERS, COVERING THE MANNING OF SELF-PROPELLED ROADWAY MACHINERY ON RAILS OF THIS COMPANY
It is hereby agreed between the Great Northern Railway Company and the General Committee of Adjustment of the Brotherhood of Locomotive Engineers that the rules and rates of pay applicable to work train service contained in the schedule of wages for locomotive engineers will apply to locomotive engineers used with self propelled machines on the rails of this Company. Rules contained therein also provide that locomotive engineers will be used with all self-propelled machines that are now or may hereafter be placed in operation, when moving under their own power, but it is understood and agreed that the following exceptions will be made.
Exception No. 1. Self-propelled machines that can be lifted off and on the track by those employees whose services are required in the operation of such machines.
Exception No. 2. Discers as now constituted and only when used for the purpose of discing on right-of-way. Parsons Cranes as now constituted and only when used to lay rail. Jackson Ballasters as now constituted and only when used to tamp ties. Joint Oilers as now constituted and only when used to oil track joints.
Exception No. 3. Reconditioned automobiles w i t h flanged wheels, and other small cars used by division officers exclusively as inspection cars on territory over which they have supervision.
Exception No. 4. Locomotive cranes, used for the purpose of cleaning out cinder pits, loading and unloading of coal, sand, and company material, when movements are confined to the roundhouse and shop yard tracks. Such cranes may pick up a car first-out to be loaded or unloaded, as outlined herein, and dispose of such cars; the car to be loaded or unloaded to be placed on and removed from roundhouse and shop yard tracks by a yard engine crew.
Exception No. 5. Locomotive cranes used in connection with car repair yards and store department yards for the purpose of handling heavy material, and whose movements are confined exclusively to these yards. Such cranes may pick up a car first-out to be loaded or unloaded, as outlined herein, and dispose of such cars; the car to be loaded or unloaded to be placed In and removed from such yard tracks by yard engine crew.
Exception No. 6. Pile driver with no more than idler car attached may move back and forth, not to exceed one thousand feet from either end of a bridge, for the purpose of picking up and setting of piling or other heavy bridge material when approach grade conditions are such as to make it impossible to provide material storage space in a lesser distance from the end of the bridge.
Exception No. 7. Self-propelled cranes used to make repairs on ore docks at AlIouez. Loaded and empty cars will be moved to and from point of work by work train or yard engine. Cranes will be restricted to the movement of loaded or empty cars on the dock track only, and only then for such distance as movements cannot be made by a locomotive. Self-propelled cranes may also be used in making repairs to ore dock approaches but In performing such work will not be permitted to handle cars.
Exception No. 8. Self-propelled ditchers when moved to and from the specific point of their operations by a locomotive in charge of a locomotive engineer may be detached from the locomotive while loading cars to make short moves provided the work train engine is not moved further from the ditcher than is necessary to enable it to make these moves. Work train engine not to be used to perform any other service while these moves are being made.
Exception No. 9. Self-propelled machines performing their usual work will be excepted when movement of these machines is provided by the power of a locomotive in charge of a locomotive engineer.
NOTE: A wrecking crane may make movements in connection with picking up a wreck without a locomotive engineer being in charge, provided a work train with a locomotive engineer employed thereon is used in connection with the wreck at the time the movements are made.
(A) Under no circumstances will self-propelled machines be permitted to perform switching of cars, except when operated by a locomotive engineer.
(B) When a pilot, yardman or trainman is employed with any self-propelled machine, an engineer will be employed except in the operation of those machines specifically designated In Exception No. 2.
(C) Engineers required to qualify to man and operate the propulsion mechanism of self-propelled machines will be compensated for a minimum of eight hours at the prescribed rate for each day while qualifying, not to exceed five days.
(D) Suitable living quarters will be provided by the Railway Company for engineers assigned to this service when such accommodations are not otherwise available. This agreement is effective as of January 12th, 1943, and will remain in effect until revised or abrogated in accordance with the provisions of the Railway Labor Act.
ACCEPTED FOR: BROTHERHOOD OF LOCOMOTIVE ENGINEERS:
ACCEPTED FOR: GREAT NORTHERN RAILWAY COMPANY:
Signed at St. Paul, Minnesota this 21st day of October, 1943.
EXCEPTION TO THE KOEHRING CRANE WHEN USED ON TRACK FOR THE PURPOSE OF LAYING RAIL:
On July 23, 1951, Assistant to Vice President M. C. Anderson addressed B. L. E. General Chairman H. W. Haskins in part as follows: "As explained to you by Mr. Pearson during conference, the machine involved is a substitute and replacement for the Parsons and Burro cranes that were previously used for laying rail. Engineers were not previously required on self-propelled machines used for rail laying purposes in accordance with the provisions of the so-called Engineers' Self Propelled Machine Agreement dated October 21, 1943, Exception 2 thereof reading in part as follows:
'Parsons cranes as now constituted and only when used to lay rail.'
"The information furnished the undersigned is that these Parsons and Burro cranes are gradually wearing out and replaced on the various Operating Divisions, and the Koehring crane has been purchased as a replacement for the Parsons and Burro cranes. As stated to you during conference, this crane Is actually an off-track, self-propelled machine, and Is used on track with the aid of a small carriage on which the machine is run, and is used on track only for the purpose of laying rail, and for the same general purpose as the Parsons crane. If used on track for purposes other than laying rail, the Carrier is willing to agree to call an engineer. However, In that an exception was granted for Parsons and Burro cranes when used for 'laying rail', the Carrier likewise requests an exception for the substitute of the Parsons and Burro crane, and then only when 'laying rail'.
"As advised you during conference, there are at present four of these cranes in operation on the various Divisions on the System, and they have been in operation for approximately two years. It is my further understanding that three more of these cranes have been ordered as substitutes for Parsons and Burro cranes. The only protest that we have had In connection with using these machines for rail-laying purposes was on the Willmar Division.
"In consideration of Exception 2 of the October 21, 1943 Agreement, and the fact that the Koehring machine Is used for the same purpose and is a 1 2 0 substitute for the Parsons crane, included in Exception 2,
I am of the opinion that the Engineers' Committee can, and will, include this machine when used for rail laying purposes as an exception under Exception 2. "Confirming request made to you during conference, the Carrier will appreciate it if the Committee will include these machines under Exception 2 'only when used to lay rail'. Will you please advise promptly."
Under date of November 7, 1951, B. L. E. General Chairman H. W. Haskins advised in part as follows:
"Our Committee has voted to accept this Crane, for the purpose of laying rails, under Exception No. 2 of the Roadway Machinery Agreement, it being understood that should this Crane be used on the rails for any purpose other than that of laying rails an engineer will be used to man the crane."
EXCEPTION TO DISCERS WHICH HAVE BEEN CONVERTED TO BALLAST SHAPERS:
On October 13, 1953, Assistant to Vice President M. C. Anderson addressed BLE General Chairman H. W. Haskins in part as follows: "In accordance with your request that you be informed relative to the changes made to the Discers, Superintendent Rasmussen has advised as follows:
'The ballast shapers we have on the Butte Division consist of two machines which were converted from disc machines to ballast shapers. To complete this conversion, the discs were taken off and a metal box shaped to form the ballast line along the track was attached to the machine in place of the discs. This machine is operated over the railroad where new ballast has been completed and is used to shape up the ballast, doing work which is very similar to the work that was required previously of the disc machines, which comes under the exception in the pilots rule in the Engineers' schedule.'
"In consideration that the machines now designated as Ballast Shapers are simply the former Discers which have been modified so as to shape up the ballast shoulder, the carrier is of the opinion that such machines should properly be included in Exception No. 2 of the Memorandum of Agreement between the BLE and the Great Northern Railway pertaining 1 2 1 to self-propelled machines which was effective January 12, 1943.
"The services of an engineer-pilot are not required In connection with the operation of the Ballast Shaver any more than they were required In the operation of the Discers. Would appreciate your concurrence therein by advising that the BLE Committee is agreeable that the Ballast Shavers, as now constituted, be included under Exception No. 2 of the aforementioned agreement. It is our request that such exception be applicable over the entire property."
Under date of February 3, 1954, BLE General Chairman Haskins advised in part as follows:
"The acceptance of this machine under Exception No. 2 of this Agreement Is acceptable to our Committee, with the exception of a machine working on the Kalispell Division, which is a rebuilt weed burner, No. M-23. The information I have from our local people at Whitefish is that this machine cannot b removed from the track and that when used as weed burner an engineer was always employed, e would not cancel the requirement for an engine on this machine.
EXCEPTION TO WEED BURNERS WHICH HA BEEN CONVERTED TO BALLAST SHAPERS:
BLE General Chairman H. W. Haskins' letter of M 21,1954, in reply to Carrier's request made in conference April 12, 1954, that weed burners when converted ballast shavers be included in Exception No. 2 of so-called self-propelled machine agreement dated October 21, 1943, reads as follows:
"Referring to your request that our Committee ace under Exception 2 of the Self-Propelled Road Machinery Agreement the weed burner when an It is rebuilt into a ballast shaver-
"I referred this question to my Committee, and t signified their willingness to accept this mach under Exception 2, providing that when rebulletined will be equipped with a derailing jack and rails, that it may be removed from the track at any point. Should it not be so equipped, and it be necessary to run it to a siding to meet a trains, we will consider it necessary to have an engineer to it when it is in operation."
MEMORANDUM OF AGREEMENT BROTHERHOOD OF LOCOMOTIVE ENGINEERS BROTHERHOOD
OF LOCOMOTIVE FIREMEN AND ENGINEMEN
Effective July 1, 1943, the Spokane, Coeur d'Alene & Palouse Railway Company Schedule for Engineers and Trolley-tenders which became effective April 1, 1936, as to rules, and December 1, 1941 as to rates of pay, and agreements and understandings there under, is hereby canceled. Effective July 1, 1943, the current Great Northern Railway Company Schedule for Engineers and interpretations and agreements there under, and the current Great Northern Railway Company Schedule for Firemen, Helpers and Hostlers and interpretations and agreements there under, as hereby interpreted, will be applied on the former Spokane, Coeur d'Alene & Palouse Railway, hereafter to be Identified as a Sub-division or Subdivisions of the Spokane Division:
1(a). Rule 54 of the Engineers' Schedule under caption "Tenth Division" will include the former Spokane, Coeur d'Alene & Palouse Railway.
(b). Rule 49(b) of the Firemen's, Helpers' and Hostlers' Schedule under caption "Tenth Division" will include the former Spokane Coeur d'Alene & Palouse Railway.
2. Seniority districts specified in Article I herein, but excluding the former Spokane Coeur d'Alene and Palouse Railway is herein designated as "District A", and the former Spokane, Coeur d'Alene & Palouse Railway is herein designated as "District B":
(a). Engineers, Firemen and Hostlers holding seniority on "District A" on June 30, 1943, will have prior 12 6 rights to service on "District A" over Engineers, Firemen, Helpers and Hostlers holding prior rights on "District B". Firemen, Helpers and Hostlers holding seniority on June 30, 1943, on "District A" will have prior rights to promotion to Engineers on "District A" over Engineers and Firemen, Helpers and Hostlers who hold prior rights on "District B".
(b). Engineers, Firemen, Helpers and Hostlers holding seniority on "District B" on June 30, 1943, will have prior rights to service on "District B" over Engineers, Firemen, Helpers and Hostlers on "District A". Firemen holding seniority on June 30, 1943, on "District B" will have prior rights to promotion to Engineers on "District 13" over Engineers, Firemen, Helpers and Hostlers who hold prior rights on "District A".
(c). Engineers, Firemen, Helpers and Hostlers holding seniority on "District A" prior to July 1, 1943, will have their seniority and right to promotion extended to include "District B", subject to provisions of paragraph (b) hereof.
(d). Engineers, Firemen, Helpers and Hostlers who hold prior rights to service on "District B" will be given a seniority date as Firemen on the Tenth Division Firemen's roster with a date of July 1, 1943, in accordance with their relative rank as Engineer, Fireman or Helper, following Firemen-Helpers who were holding seniority on "District A" on June 30, 1943.
(e). Engineers, Firemen, Helpers and Hostlers hired on and after July 1, 1943, on the Tenth Division will acquire and accumulate seniority on the entire Tenth Division Inclusive of the former Spokane, Coeur d'Alene & Palouse Railway.
(f). A separate seniority roster will be maintained for Engineers, Firemen, Helpers and Hostlers holding prior rights on "District B", as herein provided for. The Tenth Division Firemen's roster will be revised by the addition thereto of names of Engineers, Firemen, Helpers and Hostlers holding prior rights on "District B", as provided for in Section 2(d) hereof.
(g). The rates of pay for Engineers, Firemen, Helpers and Hostlers employed on the former Spokane, Coeur d'Alene & Palouse Railway shall be the current rates of pay provided for under the Great Northern Schedule for Engineers and the Great Northern Schedule for Firemen, Helpers and Hostlers provided such rates are approved by the National Railway Labor Panel pursuant to the Stabilization Act of October 2, 1942. Pending such approval the rates of pay in effect on the former Spokane Coeur d'Alene & Palouse Railway prior to July 1, 1943 necessary adjustments in rates retroactive to July 4, 1943, will be made.
GREAT NORTHERN RAILWAY COMPANY
MEMORANDUM OF UNDERSTANDING between GREAT NORTHERN RAILWAY COMPANY and BROTHERHOOD OF LOCOMOTIVE ENGINEERS
WHEREAS inquiries have been made with respect to the manner of filling vacationing engineers' vacancies: IT IS HEREBY MUTUALLY AGREED THAT:
1. (a) When an engineer in other than passenger service goes on vacation and his terminal or tie-up point is the source of supply, the vacancy will be filled for the first 10 days from the engineers' extra list on a first-in, first-out basis, and thereafter by the senior engineer applying for the vacancy. If no senior engineer applies for the vacancy, same will continue to be filled from the engineers' extra list.
(b) When a regular passenger engineer goes on vacation and his terminal or tie-up point is the source of supply and a separate passenger engineers' extra board is maintained thereat, the vacancy will be filled for the first 10 days on a first-in, first-out basis, and thereafter may be taken by the senior engineer applying for the vacancy. If no senior engineer applies for the vacancy, same will continue to be filled from the passenger engineers' extra board.
If no separate passenger engineers' extra board Is maintained at the source of supply, the vacationing passenger engineer's vacancy will be filled by the senior, available freight engineer thereat, and after 10 days such vacancy may be taken by the senior engineer applying for the vacancy.
2. When vacationing engineers' vacancies in all classes of service occur on runs tying up at other than the source of supply, the first extra list engineer sent to fill such vacancy will remain on the run for the initial 10-day period unless necessary to be relieved account sickness or mileage regulation. At the end of the 10-day period, such engineer may give up the run or be displaced by a senior engineer. The extra list engineer initially sent to fill the vacancy may remain on the job for the entire vacation period, if he so desires, unless bumped by a senior engineer at the end of the initial 10-day period.
3. When engineers are filling vacancies on outlying runs caused by engineers being on their vacation and are displaced at the end of the 10-day period, such engineers will be paid deadheading in both directions. Engineers exercising seniority will not be paid deadheading In either direction.
4. When an engineer on an outlying vacationing engineer's vacancy gives up the run at the end of the 10-day period, he will be paid deadheading only to the job. The engineer filling the vacancy during its remaining duration will be paid deadheading to the job, and will be paid deadheading from the job to the source of supply.
5. If the first engineer called to fill the vacationing vacancy at an outlying point remains on the job for the entire vacation period, he will be paid deadheading in both directions.
This agreement will become effective August 1, 1951, and shall remain in effect until fifteen (15) days after written notice shall have been given by either party to the other of a desire to cancel or amend any part or the whole thereof.
FOR THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS:
MEMORANDUM OF AGREEMENT between GREAT NORTHERN RAILWAY COMPANY and BROTHERHOOD OF LOCOMOTIVE ENGINEERS
In the application of National Railroad Adjustment Board, First Division, Award 10496, it is understood an agreed that the following will govern:
(1) Pay each engineer 100 miles at helper (through freight) rate according to class of engine used on each date and on each occasion when, on and after August 30, 1942, and while assigned to yard service I any of the yards, they were required to help or asses road trains or transfer runs; these allowances to be I addition to and without deduction from other trip o shift allowances on these dates.
(2) For the purpose of adjusting these claims, "helping" Is understood to mean the use of a yard engineer, or engineers, in pushing, helping, or assisting In the movement of a road train or transfer run within the switching limits of any yard.
(3) Pay all engineers first-out on the respective extra lists on the railroad a minimum helper day at road rate, August 30, 1942, and all subsequent dates thereto account their being denied the unassigned helper service performed by these yard engineers.
(4) Pay all other available extra engineers on the various extra lists over the system 100 miles August 30, 1942, and subsequent thereto, in each In stance where the first-out extra engineer was denied the unassigned helper service, which resulted in their no getting their proper turn off the board, in accordance wit the rules.
(5-A) Identification of claims for helping service t be made from authoritative record, such a engineer's time slip, yard foreman's or road conductor' time slip, or delay report; in other words, from some authoritative written record, which will show that such assistance was actually performed by a yard engineer an what yard engineer actually assisted the road train.
(B) In Instances where it Is known that yard engineers were used to assist freight trains bu rds of such Instances of helping service will be accomplished by agreement between local representatives of the Organization and the Carrier.
(C) Claims will be paid for helping service on each date and on each occasion, from August 30, 1942 until the practice of using yard engineers to assist freight and passenger trains Into and out of terminals or around wyes In terminals was discontinued.
(6) In order to establish the Identity of the individual engineers who are entitled to be paid in conformity with the foregoing, a joint check will be made by the Local Chairman of the B. L. E. or his designated Representative and the Division Superintendent or his designated Representative. A statement will be prepared, listing the dates, names, miles payable, and rates of pay, which will be signed by the 13. L. E. Representative and by the Company officer who participated in the check. At the bottom of the statement listing the payable claims, and immediately preceding the signatures, there shall be a clause reading: "We hereby jointly certify that the foregoing Is a true list of all claims payable in connection with yard engine crews assisting road trains within yard limits at during their tour of duty, August 30, 1942 to date, as provided In N.R.A.B., First Division, Award 10496, and agree that payment of same will constitute full and complete settlement of all claims under this Award."
FOR: GREAT NORTHERN RAILWAY COMPANY
FOR: BROTHERHOOD OF LOCOMOTIVE ENGINEERS
APPROVED: J. P. Shields, Ass't Grand Chief Engineer, B.L.E.
MEMORANDUM OF AGREEMENT between GREAT NORTHERN RAILWAY COMPANY and BROTHERHOOD OF LOCOMOTIVE ENGINEERS
WHEREAS there has been uncertainty with respect to the application of Engineers' Rules Nos. 66 and 74(p) when extra list engineers tie up at the source of supply, when the source of supply is not the designated tie-up point for the run:
IT IS HEREBY MUTUALLY AGREED THAT: When extra list engineers are performing service on a work train assignment under bulletin, or filling a temporary vacancy in work train service, or performing service on a work train vacancy caused by the regular engineer being off on account of mileage regulation, on assignments that are not scheduled to tie up at the source of supply, that the extra list engineer initially called for this service shall remain on such run for the Initial ten-day period provided in Rule 74(p), or for the duration of the vacancy, whichever is the shorter, subject to displacement in the exercise of seniority under schedule rules.
Under this agreement it is understood that extra list engineers on work train jobs that generally tie up at outside points will continue to follow the vacancy, even though tied up at the source of supply. In other words, extra list engineers filling such work train vacancies will not be marked up on the extra list if tied up at the source of supply, but will continue to follow the run under Rule 74(p), in the same manner as if they had not tied up at the source of supply.
This understanding will not apply to temporary work trains, which initiate and terminate service at the source of supply.
This agreement shall become effective June 15, 1951, and continue in effect until ten (10) days' notice shall have been given in writing by either party to the other of a desire to cancel or amend any part or the whole thereof.
FOR BROTHERHOOD OF LOCOMOTIVE ENGINEERS:
FOR GREAT NORTHERN RAILWAY COMPANY:
Dated at St. Paul, Minnesota, this 25th day of May, 1951.
UNION SHOP AGREEMENT MEMORANDUM OF AGREEMENT, made and entered into this 26th day of October, 1954, between GREAT NORTHERN RAILWAY COMPANY, hereinafter called the "Carrier", and the craft or class of employees of Carrier represented by BROTHERHOOD OF LOCOMOTIVE ENGINEERS, hereinafter called the "Organization".
In disposition of all Issues involved In connection wit the formal notice dated February 26, 1951, served b virtue of the Act of January 10, 1951 (Title 45, U.S.C.A Sec. 152, Eleventh) b the Organization on the Carrie under Section 6 of the Railway Labor Act, as amended it is hereby agreed as follows: WITNESSETH:
(1) All employees now or hereafter employed In a work covered by the rules and working conditions agreement between the Carrier and the Organization shall as a condition of continued employment in such work within sixty days following the beginning of such employment or the effective date of this agreement, whichever is later, become members of, and thereafter maintain membership in good standing In, the Organization par to this agreement representing their craft or class: Provided, that such condition shall not apply with respect to any employee to whom such membership is not available upon the same terms and conditions as are generally applicable to any other member or with respect to an employee to whom membership was denied or terminate for any reason other than the failure of the employee t tender the periodic dues, initiation fees, and assessment (not Including fines and penalties) uniformly require as a condition of acquiring or retaining membership.
(2) The requirement of membership in the Organization provided for herein shall be satisfied as to both present or future employee in engine, train, yard hostler service who holds membership in any of the other labor organizations, national in scope, organized in accordance with the provisions of the Railway Labor A and admitting to membership employees engaged In an of said services; provided, however, that as to an employee in any of said services on the effective date of this a accordance with the provisions of the Railway Labor Act and admitting to membership employees of a craft or class in any of said services, such employee, as a condition of continuing his employment, shall be required to become a member of the organization representing the craft in which he is employed on the effective date of the first agreement applicable to him; provided, further, that nothing contained herein shall prevent an employee from changing membership from one organization to another organization admitting to membership employees of a craft or class in any of said services.
(3) The Carrier party to this agreement shall periodically, at such times and intervals as the Organization party to this agreement representing the craft or class shall designate, deduct from the wages of all employees now or hereafter employed in any work covered by the rules and working conditions agreement between the parties hereto all periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership in such organization, and shall within ten (10) days after making such deductions pay the amount so deducted to such officer of the Organization as the Organization shall designate: Provided, that the requirements of this paragraph (3) shall not be effective with respect to any individual employee until he shall have furnished the Carrier with a written assignment to the organization of such membership dues, initiation fees and assessments, which such assignment shall be revocable in writing after the expiration of one year or upon the. termination of this agreement, whichever occurs sooner; provided, further, that the terms and provisions contained in this paragraph (3), or any provisions or agreement requiring the Carrier to deduct from the wages of any of its employees referred to herein, shall not be or become effective or in force until the parties hereto, by supplemental and further agreement in writing, have mutually agreed (i) that the Carrier shall deduct from the wages of its said employees and pay to the Organization any periodic dues, initiation fees and assessment (not including fines and penalties) as contemplated by said Act of January 10, 1951, (ii) upon the amount of compensation to be paid to Carrier for performing the services contemplated, and (iii) upon the method by and the manner In which such terms and provisions shall be applied, including the form and tenor of the assignment of wages to be executed by such employee.
(4) Employees who have acquired and who retain, or who hereafter acquire and retain, seniority rights In the classes described In paragraph (1) hereof under the provisions of the agreement therein referred to, who are assigned to supervisory or official positions; or who are regularly assigned or transferred to positions covered by agreements between the carrier and other Organizations; or who are absent from duty for thirty days or more as result of sickness, or injury; or who are furloughed account of force reduction for a full calendar month or more; or who are retired under the provisions of the Railroad Retirement Act at an age earlier than age sixty-five on account of disability and who retain seniority until they reach the age of sixty-five; shall not be subject to the provisions of this agreement; provided, however, that when such an employee returns to service in the said classes, under the provisions of the agreement described in paragraph (1), the provisions of this agreement must be fully complied with on or before the first day of the first month following thirty calendar days after the date of their return to service in the said classes under the provisions of the said agreement. An employee dismissed from service who does not retain seniority under the provisions of the agreement described in paragraph (1), will, if he returns to service in the classes described In paragraph (1) hereof, be considered a new employee in the application of this agreement.
(5) The Organization shall keep account of employees in the craft or class described in paragraph (1), and shall Independently ascertain the status of such employees under the membership requirements of this agreement. It is understood that If an employee produces evidence to the General Chairman of the Organization that he is a member in any one of the labor organizations as specified in paragraph (2) of this agreement that will satisfy this agreement and no notice will be served by the Organization on the Carrier to have employee removed from service. Employee will be required to produce such evidence on demand of the Local or General Chairman of Organization, but will not be required to produce such evidence more than once In a calendar month. If employee fails or refuses to produce such evidence, he may be cited to the Carrier by the Organization as not complying with the agreement. The Carrier shall, however, furnish to the Local and General Chairman of the Organization, within ten calendar days of beginning of employment, the names and addresses of all employees entering the service in the 15 0 class described in Paragraph (1) after the effective date of this agreement.
(6)-(a) The Local Chairman of the Organization will notify his Division Superintendent in writing in the tenor and form of Attachment "A" hereto, the identity of any employee whose employment under the agreement with the parties hereto he requests be terminated by reason of failure to comply with the terms of this agreement. Upon receipt of such notice and request the Carrier will, as promptly as possible but within ten calendar days of such receipt, notify the employee concerned in writing that he is charged with failure to comply with the terms of this agreement. Copy of such notice shall be given to the Local and General Chairman of the Organization. Any employee so notified who disputes the fact that he has failed to comply with the terms of this agreement shall, within a period of ten calendar days from the date of receipt of such notice, request the Carrier in writing to accord him a hearing. Such request shall be honored by the Carrier and date set for hearing as soon as possible, but within ten calendar days of the date of request therefore. Copy of notice of such hearing shall be given to the Local and General Chairman of the Organization. The receipt by the Carrier of a request for a hearing shall operate to stay action on the request of the Organization for termination of employment until the hearing is held and a decision by the Carrier is rendered. Based on the evidence produced at the hearing a decision shall be rendered by the Carrier within ten calendar days of the hearing date and the employee and the Local and General Chairman of the Organization shall be promptly advised thereof. A transcript of the record at such hearing will be made and a copy thereof shall be furnished to the General Chairman of the Organization. If the decision is that the employee has not complied with the terms of this agreement, unless the Carrier and the General Chairman of the Organization agree otherwise in writing, his employment under the applicable collective rules and working conditions agreement between the parties hereto shall be terminated within ten calendar days of the date of said decision. If the decision is unsatisfactory to the employee or to the Organization, either may appeal in writing, within nine calendar days of the date of the decision appealed from, to the highest official designated by the Carrier to whom such appeals may be made, and the decision on such appeal shall be rendered within twenty calendar days of the date the appeal is taken. The decision by the highest official of the Carrier designated to handle appeals shall be final and binding unless within six months thereafter the dispute shall be submitted to a tribunal having jurisdiction thereof. The Local and/or General Chairman, or their representative, shall have the right to be present at and participate In any hearing conducted pursuant to this agreement.
(b) In the event the employee concerned falls to request a hearing as provided for herein, unless the Carrier and the General Chairman of the Organization agree otherwise in writing, the Carrier shall terminate his employment under the agreement between the parties hereto at the end of a period of thirty calendar days from the date of receipt of the request from the Local Chairman of the Organization.
(c) All notifications in writing from the Local or General Chairman of the Organization to the Carrier and from the Carrier to the Local or General Chairman of the Organization and to any employee, required and contemplated by this paragraph (6) shall be transmitted to the appropriate party by registered mail, return receipt requested.
(d) The time periods specified in paragraph (5), and in this paragraph (6), hereof may be extended In individual cases by written agreement between the Carrier and the Organization.
(e) Provisions of Investigation and discipline rules contained In existing rules and working conditions agreement between the Carrier and the Organization shall not apply to cases arising under this agreement.
(7) Other provisions of this agreement to the contrary notwithstanding, the Carrier shall not be required to terminate the employment of an employee until such time as a qualified replacement Is available. The Carrier Is to be the sole judge of qualifications. The Carrier may not, however, retain such employee In service under the provisions of this paragraph for a period in excess of sixty calendar days from the date of the last decision rendered under the provisions of paragraph (6), or ninety calendar days from date of receipt of notice from the Organization in cases where the employee does not request a hearing. The employee whose employment is extended under the provisions of this paragraph shall not, during such extension, retain or acquire any seniority rights. The position will be advertised as vacant under the bulletining rules of the governing schedule agreement but the employee may remain on the position he held at the time of the last decision, or at the date of receipt of notice where no hearing is requested pending the assignment of the successful applicant, unless displaced unless the position is abolished. The above periods m be extended by agreement between the Carrier and t Organization.
(8) An employee whose seniority and employment under the rules and working conditions agreements terminated pursuant to the provisions of this agreement or whose employment is extended under paragraph ( shall have no time or money claims by reason thereof.
If the final determination under paragraph (6) of t agreement is that an employee's seniority and employment in a craft or class shall be terminated, no liable against the Carrier in favor of the Organization or other employees based upon an alleged violation, misapplication or non-compliance with any part of this agreement shall arise or accrue during the period up to the expiation of the 60 or 90 day periods specified in paragraph (7), or while such determination may be stayed by court, or while a discharged employee may be restored service pursuant to judicial determination. During su I service pursuant to judicial determination. During periods, no provision of any other agreement between the parties hereto shall be used as the basis for a grievance or time or money claim by or on behalf of a employee against the Carrier predicated upon any action taken by the Carrier in applying or complying with taken by the Carrier in applying or complying with the agreement or upon an alleged violation, misapplication or non-compliance with any provision of this agreement It the final determination under paragraph (6) of the agreement is that an employee's employment and seniority shall not be terminated, his continuance in service shall give rise to no liability against the Carrier in favor the Organization or other employees based upon an alleged violation, misapplication or non-compliance with a part of this agreement. No part of this agreement shall be used in any manner whatsoever as a basis for a grievance or time claim by or on behalf of any employee; a no part of the schedule agreement covering rates of p and working conditions shall be used as a basis for grievance or time claim by or on behalf of any employee predicated upon an alleged violation, misapplication non-compliance with any part of this agreement relative to union shop.
(9) In the event that said Act of January 10, 195 or any of its provisions, for any reason is declared u constitutional or otherwise invalid by a court of comp tent jurisdiction, then, in such event, this contract agreement shall forthwith be and become void and of no effect whatsoever.
(10) This agreement shall become effective on November 1, 1954, and, except as herein provided, shall remain in effect until changed or terminated under the provisions of the Railway Labor Act as amended; provided, however, that in the event of the failure of the Organization to comply with the provisions of paragraph numbered (9) hereof, it may be canceled by the Carrier without further negotiation upon the serving on the General Chairman of written notice to that effect.
Signed at St. Paul, Minnesota, this 26th day of October, 1954.
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
DEMAND FOR REMOVAL OF EMPLOYEE FROM THE CARRIER'S SERVICE
Location , ______________________
The Brotherhood of Locomotive Engineers hereby demands that Great
Northern Railway Company remove from its service and terminate the
The Brotherhood of Locomotive Engineers, in support of this demand for dismissal from service of said employee, represents and warrants:
1. That said employee has been expelled from membership In the Brotherhood of Locomotive Engineers, effective ____________________, for non-payment of periodic dues, initiation fees, and assessments (not including fines and penalties), and that his membership in said Organization was terminated on said date solely for the reason that said employee has failed to tender to said Organization the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of retaining membership in said Brotherhood of Locomotive Engineers, and for no other reason;
2. That at the time said membership was terminated, and during all of the periods of time specified in said Union Shop Agreement, there was and now is available to said employee, upon the same terms and conditions as are generally applicable to any other member thereof, membership in the Brotherhood of Locomotive Engineers; and
3. That said employee has failed, and continues to fail, to hold or
acquire membership in any one of the labor organizations described in
paragraph numbered (2) of said Union Shop Agreement in accordance with the provisions
thereof, and that the status of said employee with respect to membership
In any one of said other labor organizations has been Investigated by
the Brotherhood of Locomotive Engineers, and said employee has failed to
produce proof of membership in any such labor organization. This demand
is served under the provisions of said Union Shop Agreement effective
November 1, 1954, and is subject to the terms and provisions
2. Rule No. 54 of the Engineers' Schedule, under caption, "ELEVENTH DIVISION", will include Pacific Coast R. R. Co.
3. (a) Seniority districts specified In Item No. 2 herein, but excluding the Pacific Coast R. R. Co. are herein designated as "District A"; and the Pacific Coast R. R. Co. is herein designated as "District B", and shall hereinafter be so referred to.
(b) Engineers holding seniority on "District A" on November 1, 1951 will have prior rights to service on "District A" except as hereinafter provided, over engineers holding prior rights on "District B". Firemen, helpers and hostlers holding seniority on November 1, 1951, on "District A" will have prior rights to promotion to engineer on "District A" over all engineers and firemen who hold prior rights on "District 13".
(c) Engineers holding seniority on "District B" on November 1, 1951 will have prior rights to service on "District B", except as hereinafter provided, over engineers on "District A".
(d) Engineers holding seniority on "District A" prior to November 1, 1951, will have their seniority and right to promotion (in the same relative seniority order) extended to include "District B", subject to the provisions of paragraph (c) hereof.
(e) "District B" engineers and firemen given a ,seniority date as firemen on the Eleventh Division Firemen's roster will be accorded the engineers' promotional privileges on "District A" as provided in Firemen's Rules Nos. 50 and 51, and acquire a seniority date as engineer in conformity with the provisions of Engineers' Rule No. 52.
(f) Engineers, firemen, helpers and hostlers hired on and after November 1, 1951, on the Eleventh Division will acquire and accumulate seniority on the entire Eleventh Division, including both Districts "A" and "B".
(g) A separate seniority roster will be maintained for engineers holding prior rights in "District B" as herein provided for.
(h) The rates of pay of engineers employed on the Pacific Coast R. R. Co. shall be the current rates of pay provided for under the Great Northern schedule for engineers, except that "District B" engineers' rates of pay which are higher than the Great Northern rates shall be preserved to "District B" engineers for services performed on "District B".
4. It is mutually agreed that "District B" engineers will continue to have prior rights to any and all Pacific Coast regularly assigned jobs, whether road or yard service.
5. It is further agreed that "District A" engineers will have full access to Pacific Coast R. R. Co. trackage for switching purposes of any nature, irrespective of whether or not "District B" yard crews are on duty.
6. The switching limits will continue in their present recognized location as currently constituted and designated by the yard limit board at Van Asselt.
7. "District B" road and yard engineers may be required to initiate and terminate service at Interbay on "District A" trackage. When "District B" road and yard engineers are required to initiate and terminate service at Interbay, they will be allowed an arbitrary of 6 miles at the trip pro rata rate of pay from Interbay to the "District B" yard, and 6 miles from "District B" yard to Interbay in addition to all other trip earnings. It is understood that "District B" road engineers may handle their caboose between "District B" yard and Interbay without penalty payments to any class of employees, with the understanding that on the inbound trip the caboose will be delivered first-out on any track designated at Interbay, and on the outbound trip will pick up the caboose first-out on any track designated. It Is further understood that "District B" road engineers may place their caboose on the road train In "District B" yard at Seattle, and also take their caboose off the road train in the "District B" yard at Seattle without such service being construed as yard service under this agreement and without establishing penalty payments other than the above arbitraries.
8. (a) It is understood that "District B" yard engineers will not be required to handle car or cars between "District A" Interbay yard and "District B" Seattle yard.
(b) It is understood that "District B" road engineers will not be required to handle cars other than the caboose between "District A" Interbay yard and "District B" Seattle yard.
(c) "District B" engineers called for wrecker and work train service performed exclusively on the Pacific Coast R. R. Co. may handle wrecking and work train equipment between "District A" Interbay yard and "District B" Seattle yard without penalty.
9. It is agreed that when "District B" prior rights employees cannot hold the Firemen's extra list on "District A", they will be permitted to hold themselves in readiness for service and vacancies on "District B" on a seniority basis. However, when "District B" prior rights employees place themselves on the "District A" Firemen's extra list at Interbay, they will not be considered as having any preference to service on "District B", with the further understanding that this provision in no manner limits "District 13" employees' rights to service as engineers on "District B".
10. This agreement will not grant any greater rights to "District B" prior right employees in work train service than they now have.
11. This agreement will become effective November 1, 1951, and will continue in effect as long as any "District B" prior right employee remains on "District B" seniority roster, or until the provisions hereof have been cancelled, amended, or revised by mutual agreement, or under the provisions of the Railway Labor Act, as amended.
FOR BROTHERHOOD OF LOCOMOTIVE ENGINEERS: /s/ H. W. Haskins General Chairman, G. N. Ry. FOR PACIFIC COAST R. R. CO.: E. Manion Vice President
FOR GREAT NORTHERN RAILWAY COMPANY:
MEMORANDUM OF AGREEMENT
1. (a) It Is understood that Marcus Seniority District Engineers' Extra List at Hillyard will protect all temporary vacancies and additional positions originating at Hillyard and operating between Hillyard and Kettle Falls.
(b) The Marcus-Kettle Falls Engineers' Extra List will protect all service between Kettle Falls and Nelson and Kettle Falls and Republic.
(c) The Spokane-Appleyard Engineers' Extra List will protect additional positions and temporary vacancies operating between Oroville and Hedley.
2. In the event there are no Marcus Division Extra List Engineers available at either Hillyard or Kettle Falls additional runs and temporary vacancies will be protected by the senior available qualified demoted engineer holding prior rights on the Marcus Seniority District except between Oroville and Hedley. Such service between Oroville and Hedley will be protected as provided in sub-paragraph (c) of Item No. I of this agreement.
3. In the event that Marcus Seniority District Engineers are not available for additional runs or temporary vacancies, the Spokane Division Hillyard Engineers' Extra List will protect additional runs and temporary vacancies between Hillyard and Nelson and Hillyard and Republic.
4. The Spokane-Appleyard Engineers' Extra List will protect temporary vacancies and additional positions in the territory between Oroville and Hedley, with the understanding that such engineer will remain on the position for the initial ten (10) day period except when displaced by a prior rights Marcus District Engineer. The Appleyard Extra List Engineer protecting this service will be paid deadheading Wenatchee to Oroville and return, with the understanding that this payment of such deadhead will not be absorbed In the established guarantee to the Appleyard Engineers' Extra List.
5. This Agreement shall become effective February 1, 1952, to continue until fifteen (15) days after notice shall have been given in writing by either party to the other of a desire to cancel or amend it.
FOR BROTHERHOOD OF LOCOMOTIVE ENGINEERS:
FOR GREAT NORTHERN RAILWAY CO.:
Rule 72-Agreement as Regards Engineers or Firemen. Due to Temporary Partial Disability, Exercising Seniority on Positions Which Physical Condition Will Permit Them to Fill, Between the General Chairmen of the B. of L. E. and B. of L. F. & E., and Concurred in by the Assistant to the Vice President, Great Northern Railway, Dated May 27, 1938. July 11, 1938 ALL SUPERINTENDENTS:
I am enclosing herewith copy of letter of agreement between the General Chairmen of the Brotherhood of Locomotive Engineers and of the Brotherhood of Locomotive Firemen & Enginemen, In regard to permitting engineers or firemen, during periods of temporary partial disability, to exercise their seniority on positions which their physical condition may permit them to fill.
Inasmuch as this agreement between the two organizations provides for joint investigation prior to action on each individual case, and further provides the management is to incur no liability In connection therewith, there is no objection to your permitting such temporary transfers as occasion may arise.
I am enclosing also copies of explanatory correspondence in connection therewith.
J. C. Rankine Assistant to Vice President
Agreement of May 27, 1938, Referred to Above
This special agreement, entered into between the two organizations to provide temporary employment not provided for under the schedule rules to engineers or firemen who may be under a doctor's care, or partially incapacitated, or who can only perform service on light jobs, or who, through extreme sickness of men's families, are required to remain close to their homes, in accordance with Engineers' Schedule Rule 58 (Engineers' current Schedule Rule 72) and 0. C. of A. interpretation of 1928, reading:
"It is ruled by the G. C. of A. that under Rule 58, when on account of sickness or physical disability an engineer takes the run, his seniority entitled him to, such run will not be declared open." and General Committee action of 1937, by the B. of L. F. & E., reading:
"A fireman wishing to enter yard service by reason of sickness or disability can do so under the following conditions: He must furnish doctor's certificate from Organization doctor and, if requested, from the Company doctor also. Local chairmen should have an understanding or an agreement with local division officials as to the conditions surrounding the disability. If required, new examination certificates must be furnished every sixty days. Extra list should be classed the same as regular job, and hostling jobs to be included when such jobs are open."
Therefore, it is agreed that the two local chairmen will Investigate each case jointly, and if in their opinion the conditions would warrant that it will be necessary for the individual making this request, to furnish a doctor's certificate from his own doctor or Organization doctor; also, a certificate from the Company doctor as to his physical condition and what light work he may be able to perform. The individual may be capable of performing yard service only and would not be able to perform road service. Therefore, he could exercise his seniority according to promotion and demotion in yard service, but keeping in mind that additional seniority is not conferred on any men through this agreement.
Then there may be extreme cases in which the Company doctor would not permit an engineer or fireman to accept promotion or do emergency work as an engineer on account of his physical condition; and in cases of this nature they would remain on some light work as a fireman.
Provided certain conditions arise where an employee Is unable to work at "night work" that It be left to the discretion of the two local chairmen as to placing him on a job that he can handle without its being more in- injuries to his health.
This agreement to be made out in triplicate---each local chairman to retain one copy for his file and one copy furnished to Master Mechanic of the Division. It is to be further understood that in carrying out the provisions of this agreement the Management incurs no liability.
If there Is any disagreement between the local chairmen upon this agreement, the case with all the facts will be referred to the two General Chairmen for final decision.
Should a condition arise that Is not covered by this agreement, the local chairmen of both organizations will, with the approval of both General Chairmen, handle the question raised.
A. Strom, Jr. General Chairman, B. of L. P. & E.
APPENDIX "T" (Changing Engines)
MEMORANDUM OF AGREEMENT
This agreement will apply to Mesabi Division mine run service assignments.
This agreement will not apply to assigned changes of road power such as at Skykomisli, Tacoma and Sandstone.
The following questions and answers will illustrate the intent of the application of this memorandum of agreement:
1. Will the one hour arbitrary apply where engines are exchanged at the initial or final terminal of the run?
ANSWER-The arbitrary allowance will not apply regardless of the reason for the exchange.
2. Engine crew operating freight train from Glasgow to Williston. Out-going engine crew called at roundhouse for service prior to arrival of freight train, to perform switching at the terminal. Glasgow, with Engine 3305, returning engine to round- 181 house. Upon arrival of the freight train from Williston at Glasgow, engineer boards the engine running through Glasgow. Will the one hour arbitrary apply?
ANSWER-The arbitrary allowance will not apply be- cause the engineer is compensated for this service under the switching or initial terminal delay rule. The same principle to apply where inbound engineers change engines at terminals for switching.
3. Engine crew operating passenger train from Spokane to Troy. Engine crew operating freight train from Troy to Spokane. Engine on passenger train becomes partially disabled at Bonner's Ferry, an intermediate point enroute. Engine crew of freight train standing at Bonner's Ferry instructed to exchange engines with crew on passenger train at Bonner's Ferry and continue their trip to Spokane with partially disabled engine. How will the arbitrary allowance be applied?
ANSWER-Due to the emergency the arbitrary allowance of one hour will apply to the engineer on the freight train only. This same principle to apply where an engineer on a way freight is required to exchange engines with an engineer on a through freight account the through freight engine being wholly or partially disabled.
4. Engine crew operating passenger train from Spokane to Troy. Engine crew operating freight train from Troy to Spokane. Engine on passenger train becomes partially disabled at Bonner's Ferry, an intermediate point enroute. Engine crew on freight train at Sand Point, another intermediate point enroute, is instructed to run light to Bonner's Ferry to exchange engines with crew on passenger train at Bonner's Ferry. Will the arbitrary be paid to either engineer?
ANSWER-No, because the freight engineer is paid additional compensation under other rules for the movement made solely for the purpose of changing engines.
5. Will the arbitrary allowance apply where engineers exchange engine enroute in order to have a lighter engine to perform work over tracks and bridges on which larger power cannot operate?
6. Engine crew operating a train from Spokane to Troy. Upon arrival at Bonner's Ferry, an 1ntermediate point for the crew, hostler turns relief engine over to engine crew and takes the other engine to the engine house for repairs. Will the arbitrary allowance apply to the road engineer in such circumstances?
ANSWER-Yes, unless the engine given up by the road crew at Bonner's Ferry is disabled to the extent that it is unable to complete the trip handling the train to the terminal. If the engine is disabled to the extent that it cannot complete the trip handling the train to the terminal, the arbitrary allowance will not apply.
7. Will the arbitrary allowance apply to either engineer where engines are sent out from the terminal light or double head, or messengered, solely for the purpose of changing off even though it may be for the purpose of moving the regular engine to the shop point for repairs, etc.?
8. Engine, crew operating freight train from Spokane to Troy. Upon arrival at Bonner's Ferry, an intermediate point enroute, engineer is required to exchange engines with a branch line engine crew assigned to operate from Port Hill to Bonner's Ferry and return to Port Hill in turnaround service. The exchange of engines at Bonner's Ferry is made for the purpose of moving the branch line engine to the shop point for repairs, washout, or periodical inspection. How will the arbitrary allowance apply?
ANSWER-The arbitrary allowance will apply to both engineers. If, however, Bonner's Ferry is a terminal for the branch line engineer, but the engineer is not on duty, the arbitrary allowance will not apply to that engineer.
9. Same as in example 8, except that on the return trip from Troy to Spokane the main line engine crew is required to exchange engines with the branch line engine crew at 'Bonner's Ferry for the purpose of returning engine to the run sub- 18 3 sequent to having been repaired or inspected. Will the arbitrary allowance apply?
ANSWER-The arbitrary allowance will apply to both engineers. If, however, Bonner's Perry is a terminal for the branch line engineer, but the engineer is not on duty, the arbitrary allowance will not apply to that engineer.
YARD AND TRANSFER SERVICE
Likewise, It Is mutually agreed that yard and transfer engineers required to change engines after departing from the designated point for going on duty and prior to returning to the designated point for going off duty, for the purpose of moving the engine to the roundhouse or servicing point for routine repairs, wash-out, monthly or periodical inspection, will be allowed a 30-minute arbitrary at 1/8th of the daily rate, based on the weight on drivers of the largest engine handled on that tour of duty in addition to all other payments. No additional allowance will be paid under this agreement when engines are changed because of mechanical failures, breakdowns, and conditions wherein the motive power on that particular tour of duty cannot complete the shift. Neither will the additional allowance provided herein apply when it is necessary to change engines on account of operating characteristics, including track curvature, light rail, bridges of restricted tonnage, improper clearance, and so forth.
The following questions and answers will illustrate the Intent of the application of this memorandum of agreement:
1. Will the 30-minute arbitrary apply when engines are exchanged at the designated point for going on and off duty?
ANSWER-The arbitrary allowance will not apply regardless of the reason for the exchange.
2. Yard engineers going on duty at Lyndale Junction, performing service on an engine that becomes disabled at Cedar Lake Yard during the tour of duty. Engineer on a combination yard-transfer run from Minneapolis Junction to Cedar Lake Yard and return exchanges engines at Cedar Lake, completing trip Cedar Lake to Minneapolis Junction with the partially disabled engine. How will the arbitrary allowance be applied?
ANSWER-Due to the emergency, the arbitrary allowance of 30 minutes will apply to the engineer on the yard-transfer run only. The same principle to apply where an engineer on either a yard, transfer, or combination yard-transfer assignment Is required to change engines with other engineers within the switching limits.
3. Will the arbitrary allowance provided herein apply to any engineer when engines are sent out from the roundhouse or servicing point solely for the purpose of changing off, even though It may be for the purpose of moving the regular engine to the shop point for repairs, inspection, servicing, and so forth?
4. Engineers in yard-transfer service from Interbay to Seattle to Interbay. At Seattle engineer is required to change engines with a regularly assigned yard or yard-transfer crew assigned to commence and terminate work at Seattle. The exchange of engines at Seattle is made for the purpose of moving the other engine to the servicing point for repairs, wash-out, or periodical inspection. How will the arbitrary allowance apply?
ANSWER-The arbitrary allowance will apply to both engineers. However if exchange Is made during the time that the Seattle engineer is not on duty the arbitrary allowance will not apply to this engineer.
6. When streamlined trains are turned on the wye at Vancouver, B. C., by yard engineers without using their regularly assigned engine, simply by transferring to the road engine already attached to the trains. Will the arbitrary allowance apply to these engineers?
ANSWER-No, except that the engineers will be paid the daily rate, based upon the weight on drivers of the largest engine handled.
6. This agreement does not contemplate any change in the existing practice of hostling, fueling, servicing and making minor repairs to yard and transfer 185 engines at Union Yard and Lyndale Junction In Minneapolis, or S. C. & P. Division Street at Spokane and Hillyard yard tracks at Frances Avenue.
This agreement shall be effective April 1, 1951, and shall remain in effect until changed or modified in accordance with the provisions of the Railway Labor Act, as amended.
FOR BROTHERHOOD OF LOCOMOTIVE ENGINEERS:
FOR GREAT NORTHERN RAILWAY CO.
Dated at St. Paul, Minnesota, this 24th day of March, 1951.
(Connecting and Disconnecting Diesels)
Engineers will be paid one hour at the prorate of the trip each time this service is performed addition to all other compensation for the trip. This agreement effective April 9, 1954, and will re in effect until changed in accordance with Section of the Railway Labor Act.
FOR BROTHERHOOD OF LOCOMOTIVE ENGINE
FOR GREAT NORTHERN RAILWAY COMPANY.
Signed at St. Paul, Minnesota this 9th day of April, 19