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AGREEMENT
Between the
Chicago, Burlington & Quincy
Railroad Company
and the General Committee
of Adjustment
of the
Brotherhood of
Locomotive Engineers
Rules (as originally written) Effective June 1, 1931
FREIGHT SERVICE
Rule 8 (pg.27) INITIAL TERMINAL DELAY - FREIGHT SERVICE
(a) Initial terminal delay shall be paid on a minute basis to engineers in freight service after one (1) hour and fifteen (15) minutes unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves their terminal at one-eighth (1/8th) of the basic daily rate according to the class of engine used, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance
of any kind is made shall be deducted from the initial terminal time under this rule.
NOTE: The phrase train leaves the terminal means when the train actually starts on its road trip from the yard track where the train is first made up.
Where mileage is allowed between the point of reporting for duty and the point of departure from the track on which the train is first made up, each mile so allowed will extend by 4.8 minutes the period of one (1) hour and fifteen (15) minutes after which initial terminal delay payment begins.
The phrase freight service as used in this rule does not include pusher, helper, mine run, shifter, roustabout, belt line, transfer, work, wreck, construction, circus train (paid special rates or allowances), road switcher and district runs. In addition, this phrase does not include local or mixed train service where switching is performed at initial terminal and is paid for under the provisions of the Road Yard Switching Agreement of March 13, 1941 or such payments are made under Rule 9 of the collecti
ve agreement.
(b) When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid.
(c) When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty.
NOTE: Where existing schedule rules require a carrier to bring engineers on duty more than forty-five (45) minutes prior to departure of the train on which they are to be used, such rules shall be revised to permit the Management to designate the time they are to report for duty.
The foregoing portion of the rule became effective on February 1, 1957.
FINAL TERMINAL DELAY
Rule 9 (pg. 28) TERMINAL SWITCHING
Hostlering (pg. 29)
Engineers required to perform hostlering (at other than main line terminals or at other than points where hostlers are maintained) will be paid full time at pro rata rate with a minimum of 30 minutes except where overtime based on total time on duty is greater.
NOTE: See Appendix, Pages 93 to 102 incl., 106.
Rule 11 (pg. 30) CONVERSION RULE
(a) Engineers in through or irregular freight service required to pick up and / or set off a car or cars at three or more points, or, when the time actually consumed in picking up and/ or setting off exceeds one hour and thirty minutes in the aggregate for the entire trip during any one trip or tour of duty will be paid local freight rates for the entire service performed. The following shall not be considered picking up and /or setting off cars for the purpose of this rule:
(1) Picking up or setting off cabins or caboose cars at initial for final terminal.
(2) Picking up cars at first point or setting off cars at last point at which cars are picked up or set off respectively, within the initial or final terminal.
(3) AT foreign line junction points not exceeding four in number, when interchange cars only are picked up and / or set off.
(4) Setting out defective cars at any point.
(5) Doubling hills.
(6) Setting out or picking up cars (but not setting out and picking up at the same point) for the purpose of adjusting the tonnage of the train to established engine ratings.
Except as provided in Item (6) above, picking up and /or setting off cars at one point between the time train is stopped and the entire train is coupled up and ready to start shall constitute picking up and / or setting off cars at one point for the purpose of this rule.
(b) Engineers required to do station switching will be paid local or way freight rates. Switching necessary in picking up cars will not be considered station switching. Switching for the purpose of placing at loading or unloading places cars other than cars loaded with livestock or highly perishable freight, will be considered station switching. If, in order to set out car or cars clear of main line, it is necessary to move from spot a car or cars that are set for loading or unloading, such cars o
r cars will be replaced on spot and so doing will not be considered station switching.
(c) In passenger or through or irregular freight service where commercial LCL freight and / or company material in excess of 2,000 pounds is loaded or unloaded by the engine or train crew during the entire trip engineers will be paid local freight rates.
(d) There shall be no conversion except as specifically covered by this rule.
This rule became effective on October 1, 1948.
NOTE: See Appendix, Pages 112, 174, 175, 176
Rule 12 (Blank)
Rule 13 (pg. 31) RUN FIRST IN, FIRST OUT
(a) Engineers not assigned to regular runs will run first in first out.
NOTE: see appendix, pages 113,130, 139, 188, 189, 190, 196, 199, 200.
RUNAROUNDS
(b) If an available pool or extra engineer is runaround, two hours at minimum through freight rate will be allowed and the engineer will stand first out.
Rule 14
Rule 15 (pg. 31) DEFINITION OF A DAY
A day is 24 hours from midnight to midnight, all trips to be credited to the day on which they begin.
Rule 16 (pg. 31) CIRCUS AND CARNIVAL TRAINS
Engineers handling circus or carnival trains that stop to exhibit on divisions will be paid a minimum of 12 hours and 48 minutes, or 160 miles, for each day assigned to such trains, overtime at 3/16 of the daily rate, at through freight rates, including loading and unloading. If less the 12 hours and 48 minutes is used in the last move, actual time will be paid with a minimum of 100 miles. Engineers used in other service during the time circus or carnival is exhibiting shall be paid actual miles or hours
in addition to the 12 hours and 48 minutes according to the class of service performed, unless the service performed is the switching made necessary by the presence of the circus or carnival train. Engineers handling circus or carnival trains do not exhibit between terminals will be paid at through freight rates.
Rule 17 (Blank)
Rule 18 (Blank)
WORK TRAIN SERVICE
Rule 19 (pg. 32)
Engineers assigned to work trains for more than one day will be considered regular work train engineers.
Engineers on regular work trains will be allowed full time, including Sundays, at local freight rates, according to class of engine.
Interpretation: Engineers who are in regular work train service for a full week, i.e., Monday through Friday inclusive, will if the same work train is operated the following Monday, be guaranteed six (6) minimum basic days at the work train rate of pay according to the class of engine used for service performed Monday through Friday.
Overtime at 3/16 the daily rate will accrue after eight (8) hours regardless of miles run.
NOTE: See Appendix, Pages 114, 116, 117, 118, 119, 163, 164, 165 to 169, 170, 171.
Rule 20 (Blank)
PUSHER AND HELPER SERVICE
Rule 21 (pg. 32) HELPER SERVICE
(a) Engineers assigned to helper service will be paid for every day in such service, including Sundays, according to class of engines.
(b) Temporary vacancies or temporary additional helper service will be manned by engineers from extra list and will be paid under rules governing helper service; but if pool crews are used in emergencies they will be subject to Rule 32.
If helper engineer has made 100 miles or 8 hours and has arrived at his terminal, if called upon for an additional trip he will be paid for the additional service on the basis of a new trip. The exceptions of Ruling 2 of Rule 68 also to apply. Helper crews will not necessarily run first in first out with regard to each other.
Helper engine crews when used for yard switching will be paid for all time consumed in such yard switching with a minimum of one hour for total actual switching on any shift at yard rates of pay in addition to the regular helper pay and without any deductions from helper pay for the time consumed in actual yard switching.
Interpretation: A helper crew having made 100 miles, or 8 hours, arriving at their terminal used to perform yard switching will be paid a minimum day at yard rates.
If less than 100 miles or 8 hours are made helper crew used to perform yard switching will be paid under third paragraph of Rule 21-b including helper overtime after 8 hours.
On outbound helper trips, setting out bad order cars from the train will not be classed as yard switching.
NOTE: See Appendix, Pages 153, 154, 155
YARD SERVICE
BASIC DAY (Pg. 34)
Eight hours or less shall constitute a days work.
OVERTIME (pg. 34)
Except when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off; or where exercising seniority rights from one assignment to another; of when extra men are required by schedule rules to be used (any rules to the contrary to be changed accordingly), all time worked in excess of 8 hours continuous service in a 24-hr period shall be paid for as overtime, on the minute basis, at one and one-half times the hourly rate, accordin
g to class of engine.
This rule applies only to service paid on the hourly or daily basis and not to service paid on mileage or road basis.
NOTE: See Appendix, Page 124.
ASSIGNMENTS (pg. 34)
Engineers shall be assigned for a fixed period of time which shall be for the same hours daily for all regular members of a crew. So far as is practicable assignments shall be restricted to 8 hours work.
STARTING TIME (pg. 34)
(a) Regularly assigned yard crews shall each have a fixed starting time, and the starting time of a crew will not be changed without at least 48 hours advance notice. Practices on individual roads as t o handling of transfer crews are not affected by this section.
(b) Where three 8-hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 a.m. and 8 a.m.; the second 2:30 p.m. and 4 p.m.; and the third 10:30 p.m. and 12 midnight.
(c) Where two shifts are worked in continuous service, the first shift may be started during any one of the periods named in section (b).
(d) Where two shifts are worked not in continuous service, the time for the first shift to begin work will be between the hours of 6:30 a.m. and 10 a.m., and the second not later than 10:30 p.m.
(e) Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in sections (b) or (d).
(f) At points where only one yard crew is regularly employed, they can be started at any time, subject to section (a).
(g) Where mutually agreeable, on account of conditions produced by having two standards of time, starting time may be changed one hour from periods above provided.
NOTE: See Appendix, Pages 123,126.
CALCULATING ASSIGNMENTS AND MEAL PERIODS (pg. 35)
The time for fixing the beginning of assignments for meal periods is to be be calculated from the time fixed for the crew to begin work as a unit without regard to preparatory or individual duties.
POINT FOR BEGINNING AND ENDING DAY
(a) Provisions of existing rules that there shall be a specified point for either going on or off duty, or both, are not affected by anything herein; but schedules having no such rules shall be modified to provide that yard crews shall have a designated point for going on duty and a designated point for going off duty.
(b) The point for going on and off duty will be governed by local conditions. In certain localities instructions will provide that engine crews will report at the hump, others report at yard office, others at engine houses or ready tracks. It is not considered that the place to report will be confined to any definite number of feet, but the designation will indicate a definite and recognized location.
NOTE: See Appendix, Page 126.
LUNCH TIME (pg. 35)
(a) Yard crews will be allowed 20 minutes for lunch between 4 1/2 and 6 hours after starting work without deduction in pay.
(b) Yard crews will not be required to work longer than 6 hours without being allowed 20 minutes for lunch, with no deduction in pay or time therefore.
The lunch period must be given and completed within 4 1/2 and 6 hours. Applies to both the first and second lunch periods when overtime is worked.
ARBITRARIES AND SPECIAL ALLOWANCES
(a)
(b)
TRANSFER SERVICE
Rule 23 (page 36) BASIC DAY AND OVERTIME
Rule 24-A (BLANK)
Rule 24-B (page 37)
Rule 24-C
Rule 25
Rule 26
Rule 27
Rule 28 (pg. 38)
Hostlers will not be used to pull in trains tied up under the law outside of the switching district. Hostlers will not be used to clear main track within the switching district of trains tied up under the law except in cases of extreme emergency. When in emergency they are so used within the switching district they will be paid yard engineers rates for the entire day. This also includes hostler helpers.
GENERAL RULES
Rule 29 (page 38) BULLETIN OF ENGINES
For the purpose of officially classifying locomotives, the railroad will keep bulletin at all terminals showing actual weight on drivers of all engines in its service.
Rule 30 (page 38) DEFINITION OF A TERMINAL
(a) Terminals are the points where runs begin or end. A turning point on a turnaround shall be considered as an intermediate point on a continuous run.
TIE UP AT SPECIFIED POINTS (page 39)
(b) Engineers in pool or irregular freight service tied up at specified points* between terminals other than under Rule 49, will be paid time or mileage of the schedule to tie-up point with minimum of 100 miles or 8 hours, Rules 8 and 9 to apply when tied up and will go automatically under pay after 8 hours off duty unless sooner required to report. For the whole or any portion of the first 8 hours of each following 24-hour period during which tied up, will be paid 12.5 miles per hour. For succeeding tr
ip from tie-up point to terminal a minimum of 100 miles or 8 hours will be allowed.
CALL AFTER TIE UP
(c) If called to report after pay begins, time will be computed continuously from expiration of eight hour rest.
SUCCEEDING TOW OR DEADHEAD
(d) For succeeding deadhead or tow, allowance at classification engine rates as follows: For 50 miles or less, or 4 hours or less, one-half day; for more than 50 miles, or more than 4 hours actual miles or hours, whichever is greater, with a minimum of one day and overtime after 8 hours on speed basis of 121/2 miles per hour.
(e) This rule to apply to engineers sent to outlying points to load or unload stock or receive stock or perishable freight from connecting lines or connection divisions.
(f) Does not apply to work, wreck or snow ploy service.
TRACK OBSTRUCTION (page 39)
(g) Engineers in assigned, pooled or irregular freight or passenger service delayed between terminals on account of wrecks, washouts, snow blockades, or other similar track obstructions, will be paid a minimum of 100 miles, or one day, for the first day, and for each succeeding day, will be allowed not less than 100 miles, or one day, at the rate for the claws of service in which engaged.
*Specified points:
East Hannibal division: Old Monroe.
West Hannibal division: Cameron Junction.
St. Joseph division: Kansas City -- Murray; Albany; Napier. L.E. or L.W.
Creston division: Pacific Junction; Red Oak.
Ottumwa division: Mendota; Aurora -- Eola
Galesburg division: Barstow; Peoria.
Beardstown division: Galesburg; East St. Louis; Herrin Jct.; Litchfield.
La Crosse division: Prairie du Chien.
Centerville division: Milan; Humeston.
Omaha division: Pacific Junction; Gibson; So. Omaha; Fremont; Osmond.
Lincoln division: Aurora; Palmer.
Wymore division: Edgar; Napier.
McCook division: Holdrege; Oxford; Brush; Herndon.
Alliance division: Crawford.
Sherdan division: New Castle.
Sterling division: Brush.
Casper division: Kriby.
NOTE: See Appendix, Pages 155, 157, 158, 193, 194, 201, 202.
Rule 31 (page 40) ARBITRARIES AND SPECIAL ALLOWANCES
(a) Excepting payments under rules applying to work performed at initial and final terminals, and to final terminal delays, all arbitraries and special allowances applying to road service other than passenger, under rules, regulations, or practices, which conflict with the payments of single time, in miles or hours, from the time required to report for duty until released from duty at the end of the trip shall be eliminated.
(c) Where the special payments under the rules, regulations, or practices which are retained under section (a) have been absorbable by the train movement not exceeding the speed basis of the overtime rule, they shall be allowed as follows:
1. When the train reaches the final terminal before overtime commences calculated from the time of reporting for duty, the special payments will be allowed at the former rates.
2. If the train is not on overtime on arrival at the final terminal, but the overtime period commences before final release, special payments accruing at the final terminal up to the period when overtime commences will be allowed on the basis of the former rates, but time thereafter shall be paid on the actual minute basis of three-sixteenths of the daily rate.
(d) Where either the allowance or the overtime based on the total time on duty, whichever is the greater, has been paid, payments will continue to be so applied.
(e) Special provisions of schedules for irregular conditions, such as crews called and not used, deadheading, attending court and investigations, and similar miscellaneous rules covering conditions which are not connected with the handling of a train and which provide for payments on the basis of overtime rates, shall be changed to provide for payments at the former rates, it being the intent that the time and one-half basis shall not apply in such cases. Where, under such rules, time in excess of the
limits of the day is paid for as overtime, the overtime rates of the order apply.
ENGINEERS PERFORMING OTHER SERVICE (page 41)
(f) Engineers, if required, to perform service not provided for in this schedule, will receive the regular compensation allowed for such service, provided he does not lose his turn out. Should he lose his turn out he shall receive the same compensation he would have received had he held his turn.
NOTE: See Appendix, Page 135.
Rule 32 (pg. 41) BEGINNING AND ENDING OF A DAY
SHORT TRIP AND TURNAROUNDS -- FREIGHT
(b) Engineers in pool or irregular freight service may be called to make short trips and turnarounds, with the understanding that one ore more turnaround trips may be started out of the same terminal and paid actual miles, with a minimum of 100 miles for a day, provided (1) that the mileage of all the trips does not exceed 100 miles, (2) that the distance run from the terminal to the turning point does not exceed 25 miles, and (3) that engineers shall not be required to begin work on a succeeding trip out
of the initial terminal after having been on duty eight consecutive hours, except as a new day, subject to the first-in-first out rule or practice.
It is understood under the above rule that crews may be used in either direction out of a terminal on their own seniority district.
NOTE: See Appendix, Pages 115, 201, 202.
Rule 33 CALLED AND NOT WANTED (pg. 41)
(a) In case an engineer is called and afterward notified he is not wanted, a minimum of 2 hours time will be allowed, at ( )* per hour, and he will not lose his turn out.
(b) In case a call is canceled before an engineer leaves his home or place of lodging between the hours of 8 a.m. and 9 p.m., no compensation will be allowed.
CALLED, PERFORMS SERVICE AND NOT WANTED
(c) When an engineer has been called and performs service in preparing his engine, or leaves roundhouse track for train yard or passenger station and afterward is notified that services are not required, he will be paid actual time with a minimum of four hours and will stand first out. If not again called to leave within four hours from the time first ordered for, a minimum of 8 hours at classified rates will be allowed and engineer will stand last out.
(d) A pool engineer losing his turn for any reason will be permitted on reporting for his turn, to deadhead to the turn and relieved the extra man, provided the turn does not arrive at the home terminal within twentyfour hours from the time he reports for his turn. It being understood, there will be no allowance for deadheading to either engineer in such cases.
Rule 34 ATTENDING COURT (pg. 42)
Engineers attending court or inquest under instructions from the railroad will be paid full time for time lost and living expenses if away from home; if no time is lost actual time at ( )* per hour will be allowed while so engaged, the railroad to receive the witness fee.
If court service is at his home or other lay-over station, and engineer loses no trip, actual time while in attendance at court will be allowed. If court service is at other than home station or layover point and no trip is lost, to be paid by the hour for actual time traveling to and from the point where court or inquest is held, and for the time engaged in court, with a minimum of 8 hours if no trip is made which is credited to that calendar day.
Question: Where rule provides that engineers attending court or inquest will be paid full time for time lost, does this conclude overtime paid at punitive rate on trip lost, or should overtime be computed at pro rata rate in computing time lost?
Decision: Fulltime for time lost guarantees the employee the same amount as was earned by the employe performing the service.
Rule 35 (pg. 42) EATING AND SLEEPING ACCOMMODATIONS
Road engineers will not be tied up between their terminals except at points where food and lodging can be procured.
This rule became effective on October 1, 1948.
Rule 36 (pg. 42) DETOURS
When trains are detoured over another seniority distinct, over a different route on their own seniority district, or over the tracks of another railroad as a result of wrecks, washouts, track obstructions or other acts of Providence, engineers so detoured will be paid not less than the mileage of their assignment, plus mileage made in excess thereof, overtime to be computed in accordance with the provisions of pertinent overtime rule applicable to the particular class of service. In the event the detoured
train is routed over another Burlington seniority district so that it does not reach the normal objective terminal of the engineer handling the train, the detouring engineer will not be used beyond the first terminal of the seniority district over which the detour is made where pool engineers are maintained.
*See Table of Rates, Page 21
NOTE: See Appendix, Pages 193, 194
Rule 37 (pg. 43) SNOW PLOW SERVICE
Engineers engaged in bucking snow with snow plows will be paid one and one-half hourly rates according to class of engine used with a minimum of through freight rates for distance run.
Engineers called to buck snow and held on duty under orders will be paid hourly rates while so held for such service. If laid up and relieved from duty but held for service under this rule they will be paid not less than a minimum day at classification rates for each 24-hour period so held.
When snow plow service is double crewed for bucking snow, each engineer will be paid for all time so assigned at pro rata rates, except the engineer working will be paid in accordance with this rule.
If used to operate rotary snow plow they will be paid under the provisions of this rule at rates applying on O-2 engines.
NOTE: See Appendix, Pages 141, 142, 143.
Rule 38 (pg. 43) DOUBLING HILLS
When an engine is uncoupled from its train and helps another train over a hill or when a train doubles a hill, the actual miles made will be added to actual mileage of trip.
NOTE: See Appendix, Pages 163 to 168, inc.
Rule 39 (pg. 43) ORDER OF TURN
In ordering engineers out of their terminals it is understood that the reporting time will govern in the application of the first-in, first-out rule. Except when necessary to deadhead one or more engineers in freight service, the engineer first out will deadhead and the engineer second out will handle the train. The engineer deadheading will stand ahead of engineer running train for further duties at objective terminal.
NOTE: See Appendix, Pages 113, 189, 190.
Rule 40 (pg.44) ENGINEERS DISPLACED
An engineer who has been displaced in any class of service must assign himself within 48 hours but may be used in temporary service in an emergency.
NOTE: When an engineer displaces another engineer in accordance with the 48-hour provision of this rule and does not immediately go to work on the run, the engineer occupying the run may remain on it until hi does go to work.
NOTE: See Appendix, Pages 136, 137, 138, 139, 195.
Rule 41 (pg. 44) DEADHEADING
Deadheading on railroads business on passenger trains will be paid for the actual mileage at ( )* cents per mile for engineers, and for deadheading on other trains at ( ) * cents per mile for engineers; provided, that a minimum day at the above rates will be paid for the deadhead trip if no other service is performed within 24 hours from time called to deadhead. Deadheading resulting from the exercise of seniority rights will not be paid for.
Interpretation: (a) Engineers deadheaded on company business to fill temporary vacancies account of sickness, injury or other proper leave of absence, will be allowed deadhead pay going and returning.
(b) An engineer filling a vacancy during life of bulletin will be allowed deadhead pay going and returning.
(c) An engineer sent by order of the company to fill new job put on at an outlying point will be allowed deadhead pay. Likewise, an engineer relieved at an outlying point account job taken off will be allowed deadhead pay not to exceed mileage to division headquarters.
(d) When extra boards at outlying points are increased, either temporarily or permanently, engineers required to deadhead to such point will be allowed deadhead pay not to exceed mileage from division headquarters. When such extra boards are decreased, engineers required to place themselves at some other point, will be allowed deadhead pay not to exceed mileage to division headquarters.
(e) An engineer deadheaded to outside station to relieve engineer account Hours of Service Law, who does not relieve and is deadheaded back, will be paid a minimum of one day at through freight rates.
*See Table of Rates, Page 21.
(f) An engineer required by order of the company to take foreign line book of rules examination will be allowed deadhead pay going and returning.
(g) Qualified firemen used in emergency as engineers, account no extra engineers available, will be allowed deadhead pay going and returning at engineers rates.
(h) Fireman promoted to engineer account new job created and deadheaded to another point to work as engineer, will be paid deadhead at engineers rate, not to exceed mileage from division headquarters.
(i) Engineer at outlying point, demoted to fireman account job discontinued, and required to deadhead to another point to work as a fireman will be paid deadhead at firemans rate, provided there is no fireman his junior working at that point that he could displace, not to exceed mileage to division headquarters.
NOTE: See Appendix, Pages 196, 197, 198, 199, 200, 201, 202.
Rule 42 (pg. 45) PILOTING
When trains of a foreign railroad are operated over any portion of the road, an engineer holding seniority on the portion of the road over which operated will be assigned as pilot.
When a train is detoured over a foreign seniority district, an engineer will be furnished as a pilot when the engineer operating the train is not familiar with that district.
If an engineer who is not familiar with the road, has made four trips over the foreign seniority district, he will be considered familiar with the road as far as the necessity for a pilot is concerned.
On districts where pool engineers protect passenger vacancies, pool engineers will be used to pilot passenger trains and extra engineers to protect freight service.
Engineers acting as pilots will be compensated according to the class of engine used and service in which engaged.
NOTE: See Appendix, Pages 128, 129.
Rule 43 (pg. 45) WATCHING ENGINES
An engineer required to watch an engine will be paid at the rate of ( )* per hours while so engaged.
Rule 44 (pg. 45) BREAKING IN ENGINES
An engineer breaking in an engine will be paid ( )* per hour, 100 miles or less, 8 hours or less to constitute a day, overtime at time and one-half.
*See Table of Rates, Page 21.
Rule 45 (pg. 46)
Rule 46 DISCONNECTING ENGINES
Rule 47 DISABLED ENGINE IN TRAIN
Rule 48 COALING ENGINES
Rule 49 (pg. 46) TIME ON DUTY
(a) 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 14 hours on duty under the federal law, or within two hours of the time limit provided by state laws if state laws govern.
(b) If road crews are tied up in less number of hours than provided in paragraph (a), 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.
(c) 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 8 or 10 hours, to be the period of rest for the entire crews.
(d) A continuous trip will cover movement straight away or turnaround, 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.
(e) Engineers in train service tied up under the law will be paid continuous time from initial point to tie-up point. When they resume duty on continuous trip they will be paid from tie-up point to terminal on the following basis: For 50 miles or less, or four hours or less, one-half day; for more then 50 miles, or more than four hours, actual miles or hours, whichever is the greater, with a minimum of one day. It is understood that this does not permit running engines through terminals or around other
crews at terminals unless such practice is permitted under the pay schedule.
(f) 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 therefore under the provisions of paragraph (e), the same as if they had run the train to such terminals.
(g) 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.
NOTE: See Appendix, Pages 204, 205.
Rule 50 (pg. 47) HELD-AWAY-FROM-HOME-TERMINAL
(a) Engineers in pool freight and in unassigned service held at other than home terminal will be paid continuous time for all time so held after the expiration of sixteen hours from the time relieved from previous duty, at the regular rate per hour paid them for the last service performed. If held sixteen hours after the expiration of the first twenty-four hour period, they will be paid continuous time for the time so held during the next succeeding eight hours, or until the end of the second twenty-four
period, and similarly for each twenty-four hour period thereafter.
(b) Should an engineer be called for service or ordered to deadhead after pay begins, the held-away-from-home-terminal time shall cease at the time pay begins for such service or, when deadheading, at the time the train leaves the terminal, except that in no event shall there be duplication of payment for deadhead time and held-away-from-home-terminal time.
(c) Payments accruing under this rule shall be paid for separate and apart from pay for the subsequent service or deadheading.
(d) For the purpose of applying this rule, the railroad will designate a home terminal for each crew in pool freight and in unassigned service.
This rule became effective on October 1, 1948.
NOTE: See Appendix, pgs. 206, 207.
Rule 51 (pg 48) INCORRECT TRIP REPORT
If a trip report is incorrect, the engineer making it out will be notified in writing and given explanation and reason for correction.
In case of shortage of one day or more in an engineers time, a voucher will be issued for same if requested.
NOTE: See Appendix, pgs. 208, 209.
Rule 52 (pg. 48) CALLING
Engineers living within reasonable limits (to be fixed by the master mechanic) will be called within a reasonable time of the departure of their trains, except in case of emergency. Where engineers cannot be raised by telephone, they will, if living with the calling limits, be called by messenger.
The above does not apply to men assigned to regular trains which leave during the day time, not to unimportant divisions or terminal points where trains are due to leave between the hours of 6 a.m. and 10 p.m. Where such trains are more than 30 minutes late, engineers will be notified.
Callers will be provided with a book in which shall be entered the leaving time of trains. Men who are so called will register their names with the time they are called.
Rule 53 (pg.48) LIST OF ENGINEERS
A corrected list of engineers on each division will be posted in roundhouse office in a conspicuous place; these lists to contain the names of all who hold seniority rights as engineers. A copy of this list will be given local chairman upon request. These lists will be corrected on May 1st and November 1st of each year.
RETENTION OF SENIORITY
An engineer accepting an official position with the railroad or being exclusively employed by his organization will retain his seniority rights.
Rule 54 (pg. 48)
Rule 55 (pg. 49) PERMANENT VACANCIES
Rule 56 TEMPORARY VACANCIES
Rule 57 REGULATION OF MILEAGE
Rule 58 (pg. 51) ASSIGNMENT TO INTERDIVISIONAL RUNS
Rule 59 (pg. 52) EMPLOYMENT OF ENGINEERS
Rule 60 (pg. 53) RANK AND PROMOTION
Rule 61 (pg. 54) RANK NOT RETAINED
Rule 62 (pg. 54) ATTENDING INVESTIGATIONS
Engineers attending railroads investigations will be paid for all time lost when not found at fault. It is understood under the foregoing that men will not be disturbed during the rest period to attend investigations or answer communications except in cases of emergency.
Engineers whose right are restricted to yard service only, that is, at Chicago, Kansas City, St. Louis and Council Bluffs, when required by the company to be present as witnesses at investigations will be paid, when not found at fault and if no time is lost, for actual time held at investigation at pro rata rates, if detained over two hours after close of trick; if called specifically for the purpose during period of duty, actual time, if held at investigation more than one hours.
Rule 63 (pg. 55) DISCIPLINE
Engineers will not be dismissed nor have their records marked until after a fair and impartial investigation has been held, at which investigation he or they will be privileged to have a representative of his choice present to assist him, by questioning witnesses or offering testimony.
Witnesses may be examined separately and in case statements are conflicting, those whose statements conflict may be heard together. In case of unjust dismissal or discipline the engineer will be reinstated, paid for time lost and the record corrected. A copy of all statements made a matter of record at investigation will be furnished the local chairman.
NOTE: See Appendix, pg. 144.
Rule 64 (pg. 55) FINES
Rule 65 SERVICE LETTERS
Rule 66 (pg. 55) TIME LIMIT ON CLAIMS
All claims or grievances arising on and after November 1, 1948 shall be handled as follows:
(a) All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the company authorized to receive same, within sixty days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the carrier shall, within sixty days from the date same is filed, notify the employee or his representative of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered
valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the carrier as to other similar claims or grievances.
(b) If a disallowed claim or grievance is to be appealed, such appeal must be taken within sixty days from receipt of notice of disallowance, and the representative of the carrier shall be notified of the rejection of his decision. Failing to comply with this provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims or grievances.
(c) The procedure outlined in paragraphs (a) and (b) shall govern in appeals taken to each succeeding officer. Decision by the highest officer designated to handle claims and grievances shall be final and binding unless within six months from the date of said officers decision proceedings are instituted by the employee or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved. It is understood, however, that the parties m
ay by agreement in any particular case extend the six months period herein referred to.
(d) All rights of a claimant involved in continuing alleged violations of agreement shall under this rule, be fully protected by continuing to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance is disallowed by the first officer of the carrier. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient.
(e) This rule recognizes the right of representatives of the organizations parties hereto to file and prosecute claims and grievances for and on behalf of the employees they represent.
(f) This rule shall not apply to requests for leniency.
NOTE: With respect to all claims or grievances which arose or arise out of occurrences prior to November 1, 1948, such claims or grievances must be made on or before April 1, 1949, in the manner provided for in paragraph (a) hereof and if not progressed pursuant to the provisions of paragraphs (b) and (c) of this rule, the claims or grievances shall be barred. This provision does not apply to claims or grievances already barred under existing agreements.
This rule became effective on November 1, 1948.
NOTE: See Appendix, Pages 230, 231, 232.
Rule 67 (pg 56) MISCELLANEOUS WORK ON ENGINES
Rule 68 (pg. 57) MORE THAN ONE CLASS OF ROAD SERVICE
Road engineers employed in any class of road service may be required to perform two or more classes of road service in a day or trip subject to the following terms and conditions:
A. Payment:
1. Except as qualified by A-2 below, payment for the entire service shall be made at the highest rate applicable to any class of service performed, the overtime basis for the rate paid to apply for the entire trip. Not less than a minimum day will be paid for the combined service.
When two or more locomotives of different weight on drivers are used during a trip or days work, the highest rate applicable to any engine used shall be paid to the engineer for the entire day or trip.
2. Road engineers in through freight and passenger service only shall receive full payment for the regular day or trip based on miles or hours applicable to the regular day or trip plus extra compensation on a minute basis for all additional time required in the other class of road service.
The rate paid both for the regular trip and for the additional time shall be the highest rate applicable to any class of service performed during the entire day or trip.
When two or more locomotives of different weight on drivers are used during a trip or days work, the highest rate applicable to any engine shall be paid to the engineer, for the entire day or trip.
Overtime rate shall apply to the extra compensation only to the extent that the additional service results in overtime for the entire day or trip or adds to overtime otherwise payable for hours required for the regular trip.
EXAMPLES FOR THE APPLICATION OF THIS PARAGRAPH A-2 ARE:
(a) An employee in through freight service on a run of 100 miles is on duty a spread of 8 hours, including 2 hours of another class of road service-Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
(b) An employee in through freight service on a run of 100 miles is on duty a spread of 9 hours, including 2 hours of another class of road service - Employee will be paid 100 miles or 8 hours at pro rata rate for the trip plus 1 hour at pro rata rate and 1 hour at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
(c) An employee in through freight service on a run of 100 miles is on duty a spread of 10 hours, including 2 hours of another class of road service - Employee will be paid 100 miles or 8 hours at pro rata rate plus 2 hours at time and one-half for the trip plus 2 hours at time and one-half for the other class of road service both payments to be at the highest rate applicable to any class of service performed.
(e) An employee in through freight service on a run of 150 miles is on duty a spread of 10 hours, including 2 hours of another class of road service - Employee will be paid 150 miles or 12 hours at pro rata rate for the trip, plus 2 hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.
B. This rule applies to:
1. Unassigned and /or assigned road service.
2. Another class of road service regardless of when notified, whether at time called, at the outset of, or during the tour of duty.
3. Passenger service, except that helper or pusher service not a part of the regular passenger assignment, or wreck or work train service, should not be required except in emergencies.
C. This rule does not involve the combining of road with yard service nor modify or set aside:
1. Lap-back or side trip rules except when a combination of service includes work, wreck, helper or pusher service and such movements are made in the performance of work, wreck, helper or pusher service.
2. Conversion rules.
3. Terminal switching and/or special terminal allowance rules.
The foregoing rule became effective on February 1, 1953.
NOTE: See Appendix, Page 259.
RULING NO. 2. RULING GOVERNING SERVICE AFTER COMPLETION OF ASSIGNMENT OR DAY
If an engineman has completed his assigned service, or has made 100 miles or 8 hours, and has arrived at his terminal, if called upon for an additional trip he will be paid for the additional service on the basis of a new trip. This does not mean that the additional service will be coupled up with the completed trip, but simply that the second trip or trips will be separated entirely, and subject to whatever rules apply to that particular service.
This ruling not to apply in cases of accident or engine running to its terminal for coal or water.
In case an engine is disabled in the course of a trip, the railroad is to reserve the right to send the engineman into terminal and return with another engine to bring their train in, counting their time as a continuous trip. If another engine crew is required to bring train in, their run should end at the first terminal, if there is time to call another engine crew to take the train out; otherwise the same engine crew may proceed to the next terminal and be paid for two separate trips.
Except in passenger service only and when distance does not exceed fifteen miles out of their terminal outgoing crew may be sent to bring in a disabled passenger train and will be paid actual miles or hours in addition to their regular trip. Beyond fifteen miles other provisions of this rule apply.
Assigned enginemen required to make a short trip or trips before regular assigned trip will be paid therefor on the same basis as though the additional trip or trips had been made after the regular assignment.
NOTE: See Appendix, Pages 165 to 168, inc., 233.
Rule 69 (pg. 59) ORGANIZATION RIGHTS
The General Committee of Adjustment, Brotherhood of Locomotive Engineers, will represent all locomotive engineers in the making of contracts, rates, rules, working agreements, and interpretations thereof.
All controversies affecting locomotive engineers will be handled in accordance with the interpretation of the Engineers contract as agreed upon between the Committee of Brotherhood of Locomotive Engineers and the Management.
In matters pertaining to discipline, or other questions not affecting changes in Engineers contract, the officials of the Company reserve the right to meet any of their employees either individually or collectively.
Rule 70 (pg. 60) SUPPLYING RULES
Engineers will be furnished a copy of these rules on application.
Rule 71 (pg. 60)
The rates and rules enumerated herein constitute in their entirety an agreement between this Company and the General Committee of Adjustment for the Brotherhood of Locomotive Engineers, rates effective December 16, 1953, rules (as originally written) effective June 1, 1931, to continue in effect for one year and thereafter until thirty (30) days notice of a desired change has been given by either party.
MEMORANDUM OF AGREEMENT
between the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
BROTHERHOOD OF LOCOMOTIVE FIREMEN
AND ENGINEMEN
and the
CHICAGO, BURLINGTON & QUINCY RAILROAD
COMPANY
It is hereby agreed in order to afford relief to the Company from what it considers to be the undue burdens of Awards 5134 to 5145, inclusive, Awards 5147, 5148, and 5168, to apply the following provisions, effective as of January 10, 1941:
Article 1
(a) Engine crews in road freight service will not be required to perform switching where yard crew is on duty, subject to the following exceptions:
Wreck
Washout
Accident requiring the immediate service of an engine crew.
Setting out cars placed in train through error, bad order cars, cars improperly loaded and no-bills when yard engine is not immediately available.
(b) When road freight engine crews are required to perform switching service in circumstances above described in conjunction with road work, they shall be compensated therefor on the minute basis with a minimum of one hour at 3/16 of the daily rate according to class of engine and service independent of the road trip.
(c) If road freight engine crews are required to switch at points where yard crew is on duty in circumstances other than described in Paragraph (a) and first section of Paragraph (g) of the Article, they will be compensated for such service at not less than a minimum day at yard rate, independent of compensation for any other service performed and the engineer and fireman first out on the extra list protecting such work, will also be paid not less than a minimum yard day.
(d) Road freight engine crews may be required to switch at points where yard crew is not on duty. When so used they will be compensated in accordance with the provisions of Paragraph (b) of the Article except as otherwise provided for in the second section of Paragraph (g) of the Article. Engine crews in through freight service will be paid under Paragraph (b) of this Article at way freight rates when required to perform station switching at initial or final terminals of their runs.
(e) The time engaged in switching will be computed on the following bases:
(1) At initial terminal from time crew is required to report as a unit without regard to preparatory time, or performance of individual duties until completion of work and train is coupled together ready for the road trip.
(2) At final terminal from time engine arrives at designated switch where final terminal delay begins and / or from time switching commences, at any point within the switching limits until finally relieved from duty.
(f) Doubling over where there is no track available, or reserved for the reception or make-up of another train, ordinarily used is not switching and may be done by road crew. See Appendix, Page 106.
(g) At intermediate points enroute where a yard crew is on duty, road freight engine crews may be required to pick up cars from one track and/or set out cars on one track, or on and from additional tracks when such tracks are of insufficient length to hold same; without additional compensation.
At intermediate points enroute where yard crew is not on duty, road freight engine crews may be required to place from their trains for unloading, or pick up to go livestock or merchandise and an occasional rush car of other commodity, independent of other set out or pickup movements, and will be compensated for this additional service on minute basis with a minimum of one hour at pro rata rate independent of road trip and separate cars displaced in performance of the above will not be classed as switchi
ng.
(h) When the switching time of road freight engine crews in yards where yard engines are operated, during periods yard crew is not on duty, amounts to four hours time a yard crew may be worked under the provisions of Rule 22 for five consecutive working days, an additional yard engine assignment will be established for the purpose of performing such work.
(i) At points where yard engines are now operated, yard engine service will be continued except when there is less than four hours switching for five consecutive working days in an eight hour spread that comes within the time a yard crew may be worked under the provisions of Rule 22 of current schedule agreements.
Yard assignments will not be annulled if by such annulment road crews are used to perform service during the assigned hours of the yard crew, which is not permissible when yard crew is on duty. This contemplates road crews shall not be required to perform switching at initial and final terminals or intermediate yards other than in connection with their own train or service provided for in Paragraph (g) of the Article.
(j) In yards where yard engines are not operated for the full 24 hour period, road freight engine crews will not be required to perform switching service within thirty (30) minutes from regular tie-up time of yard engine. When it is known such work will be required, yard crew will be held on duty to perform same.
(k) The following service does not constitute switching to be paid for under this agreement.
(1) Picking up and setting out cars at intermediate yards, Davenport, Rock Island, Moline, East Moline, Watertown Spur, Silvis Transfer, and Barstow shall be considered separate pick-up and set-out points.
(2) Due to unusual conditions at Bridgeport-Northport and Red Oak, the practice of moving cars from one point to another in the yards when making set-out and pick-up movements may be continued.
(3) At points where trains are received on main line, road freight engine crew will be permitted to double over one cut of cars which has been placed first out by yard crew for outgoing road engine while yard crew is switching rear end of train. This will also apply to these trains when their connections are run as extras in lieu of timecard number, or when necessary to use yard track to clear passenger train.
(4) Road crews will not be required to classify their trains enroute between terminals of their runs except that in picking up cars at intermediate yards or stations which includes turning points on continuous runs, they may be required to maintain groups to be set out at intermediate yards or stations between terminals or truning points of their runs.
(5) Shoving trains together when cut because of crossings or crossovers, or when train is parted.
At initial terminals and intermediate yards when road engine, with or without cars, moves to permit yard engine crew to take off and /or add cars.
When it is necessary to make up train on two tracks and through miscalculation the yard crew making up the train leaves some available space on make-up track after the double-over is place on another track, it will not be necessary to make another switch move to fill the make-up track from the cut to be doubled over.
pg 96
(6) Setting out or picking up at intermediate yards in conformity with the following:
(a) Road crews operating passenger carrying trains with Peoria as the turning point setting out their freight equipment on inbound movement at train yard and picking up freight equipment at train yard after departure from passenger station.
(b) Road crews setting out stock at either Montgomery or Aurora in addition to usual set-out within the Aurora-Eola-Montgomery yard.
(c) Road crews on eastbound trains setting out and/or picking up at the east yard and the up-town yard at Kewanee.
(d) Road crews on way freight trains from Griswold setting out and/or picking up in the lower and upper yards at Red Oak when no yard crew is on duty.
(e) Road crews on way freight trains eastbound picking up and/or setting out at the south yard and at the M.&St. L. connection at Monmouth.
(f) Road crews setting out at not to exceed two of the following three locations: Upper yard, lower yard, and lower yard transfer at South Omaha when yard crew is not on duty.
(g) Setting out bad order and/or no-bill cars found in their pick-up or train when yard crew is not immediately available.
(7) Changing of waycars by roadmen when yard crew is not on duty, and no other switching is performed. (Payable under Rule 9 at terminals of runs.)
(8) Road engine crews in freight service may be required to pick up cars at one point after leaving track upon which train is made up (or passenger depot if train leaves the depot) at terminals and/or set out cars on inbound trains at not to exceed one point before reaching receiving track (or passenger depot if train goes to depot), and shall be compensated therefor on the actual minute basis at prorata road rates with a minimum of fifteen (15) minutes. Time will be computed for picking up at initial te
rminal from time train leaves track on which train is made up until work is completed. Time will be computed for setting out at final terminals from time train is stopped to set out until train reaches receiving track.
Article II
(a) Engine crews on passenger runs will not be required to handle cars between yards and passenger stations other than the consist of their own trains, Present agreement at Chicago and St. Louis to continue.
(b) (1) Engine crews in passenger service required to switch consist of their own trains, inclusive of setting out cars or picking up cars to go forward in their own trains where yard crew in not on duty, will, except as provided in Section (2) of the Article, be paid on the minute basis with a minimum of one hour at a rate per hour of 3/16 of the daily rate, independent of road trip. pg 96
pg 97
(2) Engine crews in passenger service required to pick up cars first out and /or set out one block of cars, when no other switching is performed at initial terminal, intermediate point, or final terminal, where yard engine is either on or off duty, will be paid thirty (30) minutes at passenger overtime rate, independent of road trip.
Movement with train intact between passenger station and yard at terminals is not classed as switching.
Present agreement at Chicago and St. Louis to continue.
(3) Payment for switching under Item 1 of this Article will be computed on the following basis:
(a) At initial terminal from time crew required to report as a unit without regard to preparatory time or performance of individual duties, until completion of work.
(b) At turnaround point, time actually engaged in switching, computed on a cumulative basis.
Example: Switch 7:00 A.M. to 7:30 A.M. after arrival at turnaround point, then from 9:15 A. M. to 9:50 A.M. prior to departure. Allowance, one hour five minutes.
(c) At final terminal from time of arrival at passenger station until switching is completed.
(c) Engine crews in passenger service required to perform switching in yards where yard crew is on duty, will, except as provided in Article 2, Paragraph (b), Section (2), be paid therefor independent of road trip on basis of a minimum day at pro rata yard rates and engineer and fireman first out on extra list, protecting such work, will also be paid not less than a minimum yard day.
(d) This agreement does not contemplate dual compensation under the provisions hereof and terminal switching and terminal delay rules.
NOTE: See Appendix, Pages 103, 104, 105.
Article III
(a) Road crews of one seniority district will not be required to perform switching in the yard of another seniority district except the making up of their own trains before departure and setting of rush cars from their trains upon arrival.
(b) The provisions of this agreement are only applicable at points where General Switching Limits were established for enginemen by agreement dated March 24, 1925. The switching limits set forth in agreement dated March 24, 1925 for the following yards are hereby abolished and the provisions of this agreement are, therefore, not applicable at these yards: pg. 97
pg 98
Bushnell Superior
Metropolis Holdrege
Litchfield Oxford
Ashland Brush
Grand Island LaFayette
Nebraska City Scottsbluff
(c) All of the rules and provisions of schedule agreements with the Brotherhood of Locomotive Firemen and Enginemen and Brotherhood of Locomotive Engineers shall remain in full force and effect except where the provisions thereof are contrary to and thereby superseded by the provisions of this agreement. Road enginemen paid under this agreement will not be paid for the same service under Rules 4 and 9 of the current schedules.
(d) Road engine crews will not be required to perform switching with yard groundmen except when performing service provided for in Article 2 (b) and/or Article 1, Paragraph (k), Section (5), emergency service described in Article 1 (a), or when yard groundmen are used to assist road train crew.
This agreement shall become effective as of January 10, 1941, and shall remain in effect until changed in accordance with the provisions of Section 6 of the Railway Labor Act, as amended, at the request of any one of the three parties signatory here to.
For the Organizations:
/s/ C. H. ATKINS
General Chairman, B. L. E.
/s/ H . A. HUSTEN
General Chairman, B. L. F. & E.
For the Management:
/s/ H. J. HOGLUND
Asst. to Exec. Vice President
/s/ A. E. DAVIS
Staff Officer, Exec. V. Pres.
Dated at Chicago, Illinois, this 13th day of March, 1941.
APPENDIX A
The method of computing time under the provisions of this agreement is illustrated by the following examples:
FREIGHT SERVICE
Example 1
Initial terminal switching, yard crew not on duty at initial terminal.
Report A 6:30 A. M.
Crew reports as unit 7:00 A. M.
Switch until 7:25 A. M.
Arrive Z and released at 2:30 P.M.
Allowance minimum of 100 miles at pro rata rate, plus 1 hour at 3/16 daily road rate. pg. 98
pg 99
Example 2
Initial terminal switching, yard crew not on duty at initial terminal.
Report A 6:30 A.M.
Crew reports as unit 7:00 A.M.
Switch until 7:35 A. M.
Arrive Z and released at 4:30 P.M.
Distance A to Z 100 miles.
Allowance minimum of 100 miles at pro rata rate, 1 hour switching at 3/16 daily road rate
(7:00 A.M. to 7:35 A.M.) 2 hours overtime at 3/16 daily road rate. (No deduction made in overtime account switching allowance.)
Example 3
Initial terminal switching -- final terminal delay -- yard engine not on duty at either initial or final terminal.
Report A 7:00 A. M.
Crew reports as unit 7:30 A.M.
Switch until 8:15 A.M.
Arrive designated switch at final terminal Z 2:30 P.M.
Delayed until and released at 3:05 P.M.
Allowance 100 miles at pro rata rate, 1 hour switching at 3/16 daily road rate (7:30 A.M. to 8:15 A.M.) plus 35 minutes final terminal delay (30 minutes at pro rata rate and 5 minutes punitive rate).
Example 4
Initial terminal switching -- final terminal delay -- yard crew not on duty at initial terminal.
Report A 6:30 A.M.
Crew reports as unit 7:00 A.M.
Switch until 8:00 A.M.
Arrive designated switch at Z 2:00 P.M.
Delayed and released from duty at 2:30 P.M.
Allowance minimum of 100 miles at pro rata rate, plus 1 hour at 3/16 daily road rate per hour, plus 30 minutes final terminal delay at pro rata road rate.
Example 5
Final terminal switching, yard engine crew not on duty at final terminal.
Report A 6:30 A. M.
Crew reports as unit and departs 7:00 A.M.
Arrive designated switch at Z 1:30 P.M.
Switch until and released at 2:30 P.M.
Allowance minimum of 100 miles at pro rata rate, plus one hour at 3/16 daily road rate. pg. 99
pg 100
Example 6
Final terminal switching -- final terminal delay -- yard crew not on duty.
Report A 6:30 A.M.
Crew reports as unit and departs 7:00 A. M.
Arrive designated switch at Z 12:00 Noon.
Switch until 12:35 P.M.
Delayed until and released at 1:35 P.M.
Allowance minimum of 100 miles at pro rata rate, plus 1 hour 35 minutes switching at 3/16 daily road rate (12:00 Noon to 1:35 P.M.)
Example 7
Initial terminal switching -- final terminal switching -- yard crew not on duty at either initial or final terminal.
Report A 6:30 A.M.
Crew reports as unit 7:00 A.M.
Switch until 8:00 A.M.
Arrive designated switch at Z 2:00 P.M.
Switch until and released at 2:30 P.M.
Allowance minimum of 100 miles at pro rata road rate, plus 2 hours at 3/16 daily road rate.
Example 8
Setting out and picking up in intermediate yard when yard crew is or is not on duty.
` Report A 6:30 A.M.
Crew reports as unit 7:00 A.M.
Arrive B, point enroute, 9:00 A.M.
Set out cars on one track and pick up cars from one track until 9:15 A.M.
Depart 10:20 A.M.
Arrive at Z and released 2:30 P.M.
Allowance minimum of 100 miles at pro rata rate.
Example 9
Switching at point enroute where yard crew is not on duty.
Report A 6:30 A.M.
Crew reports as unit 7:00 A.M.
Arrive B, point enroute, 9:00 A.M.
Set out cars on one track and pick up cars from one track until 9:15 A.M.
9:15 A.M. to 10:05 A.M., placing perishable freight, merchandise and live stock.
Depart 10:20 A.M.
Arrive at Z and released at 2:00 P.M.
Allowance minimum of 100 miles at pro rata rate, plus 1 hour at pro rata road rate (switching 9:15 A.M. to 10:05 A.M. at B).
pg. 101
Example 10
Switching at point enroute where yard crew is not on duty.
Report A 6:30 A.M.
Crew reports as unit 7:00 A.M.
Arrive B, point enroute, 9:00 A.M.
9:15 A.M. to 10:05 A.M., station switching.
Allowance 100 miles at pro rata way freight rates, 1 hour at 3/16 of daily way freight rate.
PASSENGER SERVICE
Example 11
Picking up initial terminal -- setting out final terminal -- final terminal delay -- yard crew on or off duty.
Report A 6:30 A.M.
Crew reports as unit 7:00 A.M.
20 minutes picking up cars first out.
Depart from A 7:30 A.M.
Arrive Z passenger station 10:15 A.M.
Setting out cars until 11:00 A.M.
Delayed and released from duty at 11:50 A.M.
Distance A to Z 100 miles.
Allowance 100 miles passenger classification rate. 30 minutes at passenger overtime rate 7:00 A.M. to 7:20 A.M. 1 hour 35 minutes final terminal delay 10:15 A.M. to 11:50 A.M. In this example, payment of 1 hour 35 minutes final terminal delay exceeds allowance for setting out cars at final terminal.
Example 12
Switching consist of train at initial terminal yard -- yard crew not on duty.
Report A 6:30 A.M.
Crew reports as unit 7:00 A.M.
Switching consist of train until 7:40 A.M.
Arrive Z 10:15 A.M.
Released from duty 10:30 A.M.
Allowance 100 miles pro rata road rate, 1 hour at 3/16 daily road rate.
Example 13
Switching consist of train at final terminal -- yard crew not on duty.
Report for duty at A 6:30 A.M.
Crew reports for duty as unit 7:00 A.M.
Depart A 7:00 A.M.
Arrive Z 11:30 A.M.
Switching consist of train until 12:35 P.M.
Allowance 100 miles at pro rata road rate, 1 hour 5 minutes at 3/16 daily road rate.
pg. 102
Example 14
Picking up and/or setting out cars at intermediate yard, yard crew on or off duty.
Report A 6:30 A.M.
Crew reports as unit 7:00 A.M.
Arrive B, point enroute 9:05 A.M.
Set out cars from train 9:00 A>M. to 9:20 A.M.
Depart B 9:25 A.M.
Arrive Z 10:00 A.M.
Released from duty at 10:20 A.M.
Allowance 100 miles pro rata rate, 30 minutes passenger overtime rate.
pg. 103
July 23, 1946
Mr. J. E. Wolfe, Staff Officer
Operating Vice President
C. B. & Q. R. R. Co.
Chicago, Illinois File E-491-43
Dear Sir:
Please refer to the claim of Engineer W. C. Rogers of the Aurora Division, for a minimum day at yard rates account of switching performed on train N. 39 at Union Depot, Chicago, February 9, 1943, also claim for a minimum day at yard rates for Engineer first out on the Chicago Division Engineers extra list; our conference in your office June 17.
My notes in connection with this claim indicate that you were agreeable to the payment of 30 minutes in an effort to dispose of this claim, with the further understanding that in the future when passenger crews are required to make more than one pick-up that will be regarded as performing switching and payment will be made under the provisions of Article 2 (c) instead of Article 2 paragraph (2). If this understanding is correct, we are agreeable to disposing of this claim on that basis.
Very truly yours,
/s/ C. H. ATKINS
General Chairman, BLE
July 29, 1946
Mr. C. H. Atkins
General Chairman, BLE
Aurora, Illinois E-491-43
Dear Sir:
Referring to correspondence ending with your letter of July 23 concerning claim of Engineer W. C. Rogers of the Aurora Division, for a minimum day at yard rates for performing service in connection with making up train No. 39 at the Chicago Union Depot, February 9, 1943; also claim for a minimum day at yard rates in behalf of the engineer first out on the engineers extra list.
The statements contained in the second paragraph of your letter of July 23 are in conformity with what I said to you at the conference on June 17. We are, therefore, arranging to allow Engineer Rogers payment of 30 minutes at appropriate rate and issuing instructions relative to future service of this character.
We are closing our file.
Yours truly
/s/ J. E. WOLFE
pg 104
Chicago, Illinois
February 17, 1953
Mr. R. E. Davidson E-2645-52
Asst. Grand Chief Engineer, BLE
Chicago, Illinois
Dear Sir:
Please refer to Case 88-B on the docket of disputes which accompanied your letter of November 28, 1952, which covers claim in behalf of Engineer A. L. Almquist of the Omaha Division in the amount of a minimum day at yard rates, in addition to his trip miles, December 13, 15, 17, 23, 1951 and January 24, 1952; same claim in behalf of Engineer K. E. Carlson, December 12 and 14, 1951; and same claim in behalf of the following Omaha Division Firemen: T. E. Kriskey, December 12; H. W. Green, December 13; H. L.
Morton , December 14; A. A. Coulter, December 15; M. White, December 23, 1951; H. L. Shepard, January 24, 1952.
During our discussion of the and other similar cases at conference on February 17, 1953, we agreed that whenever an engine crew in passenger service is required to pick up or set out one or more units of a Diesel locomotive at either initial or final terminal or intermediate point where the provisions of the Road-Yard Switching Agreement dated March 13, 1941 have application, such service shall be considered a pick-up or set-out, as the case may be, within the meaning of Article II, paragraph (b) (2) of th
e said Road-Yard Switching Agreement, and payment of thirty (30) minutes at passenger overtime rate will be allowed thereunder.
Insofar as details of service are concerned, the foregoing has reference to cases such as those illustrated herein:
1. An engine crew in road passenger service operates into an intermediate yard where one unit of a three-unit Diesel locomotive is set out and the train continues to it objective terminal propelled by the remaining two units. This would be considered as setting out a car within the meaning of Article II, paragraph (b) (2) of the Road-Yard Switching Agreement dated March 13, 1941.
2. An engine crew in road passenger service arrives at the objective terminal (a yard for purposes of the Road-Yard Switching Agreement dated March 13, 1941) and after arrival at the passenger station their three-unit locomotive is moved from the receiving track to another track where one unit is left and the remaining two units are placed on another track or re-attached to the train. This would be considered as a set-out within the meaning of Article II, paragraph (b) (2) of the Road-Yard Switching Agre
ement dated March 13, 1941.
3. An engine crew in road passenger service upon arriving at an intermediate point with a two-unit Diesel locomotive, and a third unit is picked up off another track by the engine crew in road passenger service and the three-unit locomotive is re-attached to the train. This will be considered a pick-up of a car within the meaning of Article II, paragraph (b) (2) of the Road-Yard Switching Agreement dated March 13, 1941.
4. An engine crew in road passenger service upon reporting for duty is required to move a two-unit Diesel locomotive to a point where a third unit is located -- the third unit is picked up and the three-unit locomotive is then attached to the outgoing passenger train. This will be considered as a pick-up of a car within the meaning of Article II, paragraph (b) (2) of the Road-Yard Switching Agreement dated March 13, 1941.
Reduced to its simplest terms, this understanding contemplates that picking up or setting out a Diesel unit by locomotive engineers in road service is to be considered exactly the same as picking up or setting out a car, and it is on this premise that we are applying the compensatory provisions of Article II, paragraph (b) (2) of the Road-Yard Switching Agreement dated March 13, 1941 to the several claims here under discussion, all of which involves service that was required and performed at points that ar
e classified as yards under the provisions of the aforesaid Road-Yard Switching Agreement.
In the light of the foregoing understanding it was agreed that the above claim would be disposed of by allowing the claimants named herein thirty minutes at passenger overtime rate under Article II, paragraph (b) (2) of the Road-Yard Switching Agreement on the dates referred to in the claim.
If the foregoing coincides with your understanding of what we agreed to at conference on February 17, will you please indicate your acceptance in the space provided at the lower left-hand corner of this letter.
Yours truly,
/s/ J. E. WOLFE
ACCEPTED:
/s/ R. E. DAVIDSON
Asst. Grand Chief Engineer, BLE
cc: Mr. C. H. Atkins
General Chairman, BLE
Aurora, Illinois
pg 106
Chicago, Illinois
October 30, 1953
E-1543-49
Mr. A. F. Kummer
Asst. Grand Chief Engineer, BLE
Chicago, Illinois
Dear Sir:
Referring to Case 59-B of the docket of disputes which you are currently handling, covering claim of Engineer W. E. Sears and Fireman C. W. Hansen of the Wymore Division for a minimum day in yard service, May 30, 1949 and in addition thereto, claim is filed for a minimum day in yard service for the engineer first out on the extra list at St. Joseph, account of doubling over in St. Joseph Yard. Claim is supported by Article 1, paragraphs (c) and (f), Road-Yard Switching Agreement.
This case was discussed at conference on October 29, at which time it was agreed that the claim of Fireman Hansen in invalid and is therefore withdrawn in the light of correspondence ending with Mr. Hoglunds letter of May 5, 1937 to General Chairman Larson of the BLF&E. It was further agreed that the above claim would be disposed of in its entirety by allowing payment of a day at yard rate to Engineer Sears with the definite understanding that, in the future, if the receiving track will not hold the trai
n and a doubleover is therefore necessary, the cut to double will be made behind the first group of cars that will afford proper clearance. Cars in the same grouping will not be split in order to cut only to clear.
Will you please acknowledge receipt by affixing your signature in the space provided at the lower left-hand corner of this letter.
Yours truly,
/s/ J. E. WOLFE
ACCEPTED:
/s/ A. F. Kummer
Asst. Grand Chief Engineer, BLE
cc: Mr. C. H. Atkins
General Chairman, BLE
Aurora, Illinois
pg 107
PERTINENT UNDERSTANDING TAKEN FROM
MEMORANDUM OF AGREEMENT BETWEEN
MR. E. FLYNN, EXECUTIVE VICE PRESIDENT,
CHICAGO, BURLINGTON & QUINCY RAILROAD
COMPANY, AND
COMMITTEE OF GRAND LODGE OFFICERS
CASE 68 EF
Application of Memorandum of Agreement entered into January 23, 1941, in connection with men being relieved in the Chicago Terminal at one point and going to work at another.
1. Except as a result of an agreement between the local chairmen and local officers all engineers and firement in passenger service will be relieved from and go on duty at the same point in all terminals.
2. In such instances as the local chairmen and the local officers may agree that engineers and firemen will be relieved at one point and resume duty at another in the same terminals, they will be paid for time consumed in moving from train arrival point to arrival at point from which they will begin their next service under the following provisions of the agreement:
except as otherwise provided in paragraph 2 of rule 4, an arbitrary allowance of twenty (20) minutes at the overtime rate will be allowed in addition to all other trip allowances.
pg. 108
MEMORANDUM OF AGREEMENT
Between the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
BROTHERHOOD OF LOCOMOTIVE FIREMEN
AND ENGINEMEN
and the
CHICAGO, BURLINGTON & QUINCY RAILROAD
COMPANY
Except as hereinafter provided, engineers and firemen in passenger service shall have a designated point for going on and off duty at terminals of their runs.
The points for going on and off duty will be governed by local conditions as agreed to between the local officers and the local chairment, and at terminals where engineers and firemen in passenger service are required to report for duty at the roundhouse after having been relieved from duty at the passenger station on the preceding trip, or vice versa, except as otherwise provided in paragraph 2 of Rule 4, an arbitrary allowance of 20 minutes at teh overtime rate will be allowed in addition to all other tr
ip allowances.
Nothering in this agreement shall be construed to permit the company to rearrange assignments to avoid payments as provided for herein, unless agreeed to between the local officer and the local chairmen.
This agreement shall continue in effect subject to change on 30 days notice by either party to the other party.
For the Organizations:
C. H. ATKINS
General Chariman, BLE
H. A. HUSTED
General Chairman, B. L. F. & E.
For the Railroad Company:
H. J. HOGLUND
Asst. To Exec. Vice Pres.
A. E. DAVIS
Staff Officer, E. V. P.
Approved:
J. P. SHIELDS
Temporary Asst. Gd. Ch.
Engr., B. L. E.
C. F. THOMAS
Vice President, B. L. F. & E.
Dated at Chicago, Illinois, January 23, 1941.
NOTE: See Appendix, Page 107.
pg 115
CASE 105 E
Protest with respect to engineers being required to explain their failure to report certain defects on locomotives which are later detected and reported by Federal Inspectors, and claim that under the requirements of the company, engineers are entitled to pay under existing rules.
It is agreed that this case will be disposed of on the following basis:
Engineers in making out trip reports will show on thew report the time the engine was put on the engine track and in addition the time required to inspect the engine, make out work report, trip report (including train accident and personal injurty reports when necessary) and registering. They wil not show being relieved until they have completed all of the duties required of them by the company. This applies to all classes of service, including yard.
When engineers are on overtime compute the time until they are actually relieved from duty. Where engineers are not on overtime, but by adding timew consumed in inspecting engine, making out reports, ets., final terminal delay will accrue under Rule 8 until all such duties have been completed.
pg. 116
MEMORANDUM OF UNDERSTANDING
Between the
CHICAGO, BURLINGTON & QUINCY RAILROAD
and the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
BROTHERHOOD OF LOCOMOTIVE FIREMEN
AND ENGINEMEN
When an engine crew (extra or pool) or an engineer is called for temporary work train service or work train service during the life of a bulletin which it later develops will operate more than seven days, such work trains will be advertised as per Rule 55 and assigned to the senior bidders.
When a pool engine crew in temporary work train service or work train service during the life or a bulletin is tied up at an away from home terminal, such crew will rotate with other crews in the same pool in the performance of subsequent service.
Pool engine crews in temporary work train service or work train service during the life of a bulletin tied up at point between terminals (including specified tie-up points) will continue in work train service until displaced by successful bidders or until arrival at terminal where pool crews rotate.
Extra engineers and extra firemen who are filling vacancies in work train service during the life of a bulletin shall rotate with other extra men at points where extra lists are maintained.
Signed at Chicago, Illinois, this 23rd day of July, 1946.
For the Organizations:
/s/ C. H. ATKINS
General Chairman, B.L.E.
/s/ H. A. HUSTED
General Chairman, B.L.F. & E.
For the Chicago, Burlington & Quincy Railroad Co.:
/s/ H. J. HOGLUND
Asst. to Optg. Vice President
/s/ J. E. WOLFE
Staff Officer, Optg. V. Pres.
pg. 117 Chicago, October 27, 1949
T-2-M
Mr. P. C. Southworth Mr. F. L. Smith
Asst. Gr. Ch. Eng., BLE Actine Vice Pres., ORC
Chicago, Illinois Chicago, Illinois
Mr. J. L. Witherspoon Mr. W. M. Dolan
Vice President, BLF &E` Vice President, BRT
Chicago, Illinois Chicago, Illinois
Gentlemen:
Referring to discussion in regard to applying the provisions of the April 13, 1949 agreement which pertains to lapbacks, doubling hills, performing work, wreck and construction train service enroute, etc., with particular reference to proper method of compensating employees who are not in exclusive work train service where work, wreck or construction train service is performed at more than one location on a trip or tour of duty.
It is my understanding that you interpret the pertinent provision of this agreement to mean that where work, wreck or construction service is performed at more than one point on a trip or tour of duty, the management may elect to apply the minimum allowance for service performed at each point, or continuous time may be paid from the time the work started at the first location until it is completed at the last location.
We accept this interpretation adn will issue instructions accordingly.
If you will affix your signature in the space provided therefor at the lower left hand corner of this communication, it will be considered as your acknowledgment and acceptance of the foregoing.
Yours truly,
/s/ J. E. WOLFE
ACCEPTED:
/s/ P. C. SOUTHWORTH
Asst. Grand Chief Engineer, BLE
/s/ J. L. WITHERSPOON
Vice President, BLF&E
/s/ F. L. SMITH
Acting Vice President, ORC
/s/ W. M. DOLAN
Vice President, BRT
pg. 118
Chicago, October 27, 1949
T-2-M
Mr. P. C. Southworth Mr. F. L. Smith
Asst. Gr. Ch. Eng., BLE Acting Vice Pres., ORC
Chicago, Illinois Chicago, Illinois
Mr. J. L. Witherspoon Mr. W. M. Dolan
Vice President, BLF&E Vice President, BRT
Chicago, Illinois Chicago, Illinois
Gentlemen:
Referring to discussion at conference on October 25 in regard to application of ceertain provisions of the agreement dated April 13, 1949, which pertains to lapbacks, doubling hills, work, wreck and construction service performed enroute, etc.
At the conference hereinabove referred to, it was agreed that the provisions of said agreement applying to lapbacks, doubling hills, helping other trains and running for fuel or water does not apply to hourly paid runs or to yard service.
It was further agreed that the provisions of the aforesaid agreement applying to work, wreck and construction train service will be applied when crews on hourly paid runs are used to perform work, wreck and construction train service within the territorial limits of the assignment and without said territorial limits. In instances where work, wreck or construction train service is performed outside of the territorial limits of the tabulated or hourly paid assignement, payments under the pertinent provision
s of the April 13, 1949 agreement, independent of other trip allowances will constitute full compensation for the service performed and for going outside the assigned limits even though on occasions a car or cars in revenue or other service may at the same time be handled outside of the territorial limits of the assignment.
Please confirm by affixing your signatures in the space provdied therefor at the lower left-hand corner of this communication.
Yours truly,
/s/ J. E. WOLFE
ACCEPTED:
/s/ P. C. SOUTHWORTH
Asst. Grand Chief Engineer, BLE
/s/ J. L. WITHERSPOON
Vice President, BLF&E
/s/ F. L. SMITH
Acting Vice President, ORC
/s/ W. M. DOLAN
Vice President, BRT
NOTE: The foregoing does not abrogate Ruling 2 of Rule 68.
pg 120
MEMORANDUM OF AGREEMENT
Between the
CHICAGO, BURLINGTON & QUINCY RAILROAD
COMPANY
and the
EXECUTIVE COMMITTEE OF THE
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
1. Effective July 1, 1946, Locomotive Engineers in yard service at Chicago shall be compensated at through freight rates as set forth in tabulation of rates applicable to through freight service subject to pertinent rules of the schedule of rules agreement applicable to yard service.
2. The rate referred to in Section 1 hereof shall also be applied to assigned transfer service at Chicago.
3. In consideration of the understanding set forth in Sections 1 and 2 hereof, the following claims are withdrawn:
Claim of Engineer James Gee, et al., of the Chicago Divison, for transfer rate of pay on the 7:55 A.M. engine known as assignment No. 5 in Chicago yard, August 5, 1939, and including subsequent dates that this crew is used regularly in transfer service to C. J. Yards, Chicago. Claim filed under Rules 7 and 23 of the Engineers Schedule. Award No. 10260. File E-10 E-11.
Claim of Engineer R. S. Welch, et al., of the Chicago Division, for a minimum of 100 miles at the transfer rate of pay, in addition to his day in yard service November 6, 1943, including subsequent dates. File E-652-44.
Claim of Engineer R. S. Welch, et al., of the Chicago Division, for a minimum of 100 miles at the passenger
rate November 1, 1943, account of handling passenger trains Union Depot to passenger yard at 14th Street, in
addition to his regular assignment in yard service; also claim for a minimum passenger day for engineer first out
on the Chicago extra list at the time the work was performed, including subsequent dates similar work was
performed. File E-654-44.
Claim of Engineer George H. Beyer, et al., of the Chicago Division, for a minimum of 100 miles at
passenger rate, in addition to his yard day August 20, 1943, upon which date he was used to pull the rear
portion of No. 50, 12th Street to the Union Depot, Chicago; also claim for 100 miles at passenger rate for
Chicago Division extra engineer first out at the time the work was performed, including subsequent dates similar
work was performed. File E-655-44.
pg. 121
Claim of Engineer G. R. Beyer, et al., of the Chicago Division, for a minimum of one day at the transfer
rate of pay in addition to his regular assignment in yard service September 20, 22, 23,24, 25, October 1, 2, 3, 4,
5, 6, and 23, 1943. Claim to include all subsequent dates when Chicago yard engineers are required to
transfer cars to foreign railroads as indicated in the claim. File E-656-44.
Claim of Engineer H. H. Hirsch, et al., of the Chicago Division, for a minimum of eight hours at the
transfer rate of pay in addition to his regular assignment in yard service September 23, 25, 27, October 1, 2, 4, 5
and 6, 1943, and subsequent dates on which he or others were required to deliver cars to foreign lines.
File E-734-45.
4. Effective July 1, 1946, Engineers in yard service at Chicago may be required to perform all service
customarily required of engineers in yard and/or transfer service, and compensation therefor at through
freight rates of pay (now paid yard rates under National Agreement), shall be considered as payment in full for
all such service that may be rendered.
Signed at Chicago, Illinois, this 19th day of June, 1946.
For the Executive Committee of the Brotherhood of Locomotive Engineers:
/s/ C. H. ATKINS /s/ K. E. CARLSON
General Chairman Vice Chairman
/s/ A. J. SEELMAN /s/ W. A. STAUSS
Secretary - Treasurer Member
/s/ E. F. PRESBREY
Member
For the Chicago, Burlington & Quincy Railroad Co.:
/s/ H. J. HOGLUND /s/ J. E. WOLFE
Asst. to Vice President Staff Officer, Optg. V. Pres.
pg 123
MEMORANDUM OF AGREEMENT
Memorandum of Agreement between the Brotherhood of Railroad Trainmen, Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, and the Chicago, Burlington & Quincy Railroad Comapny concerning starting time of extra engines in yard service:
A. The starting of extra engines in yard service will be governed by the following:
B. Where three shifts are worked in continuous service, the starting time of extra yard crews will be limited to the 90 minute periods of the shifts specified in Paragraph (b) of the Starting Time Rule.
C. Where two shifts are worked in continuous service, the starting time of extra yard crews will be limited to the 90-minute periods of the shifts specified in Paragraph (c) of the Starting Time Rule.
D. Where two shifts are worked not in continuous service, the starting time of extra crews will be limited to the periods of the shifts specified in Paragraph (d) of the Starting Time Rule.
E. Extra yard crews used exclusively in independent service will be started in accordance with Paragraph D.
F. At points where only one yard crew is regularly employed, extra yard crews can be started at any time.
NOTE: It is understood the foregoing does not apply in the event of accident or storm necessitating immediate use of an extra yard crew.
For the Organizations:
/s/ C. H. ATKINS
General Chairman, B.L. E.
/s/ M. LARSON
General Chairman, B.L.F.&E.
/s/ O. F. RASMUSSEN
General Chairman, B.R.T.
/s/ T. F. DEVINE
Secretary, B.R.T.
For the Railroad Company:
/s/ H. J. HOGLUND
Asst. to Exec. Vice President
/s/ A. E. DAVIS
Staff Officer, Exec. V. Pres.
Chicago, Illinois, January 26, 1938.
pg. 124
MEMORANDUM OF UNDERSTANDING
Between
CHICAGO, BURLINGTON & QUINCY RAILROAD
COMPANY
and
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
In disposition of request of the Organization party hereto, that Section 9 of the August 11, 1948 National Agreement be adopted on the property of the Carrier party hereto, it is agreed that:
1. Where an extra engineer commences work on a second shift as an engineer in yard service in a twentyfour hour period he shall be paid at time and one-half for such second shift except when it is started twenty-two and one-half to twenty-four hours from the starting time of the first shift. A twenty-four hour period, as referred
to in this rule, shall be considered as commencing for the individual employee at the time he started to work on the last shift on which his basic day was paid for at the prorata rate.
2. A tour of duty in road service shall not be used to require payment of such overtime rate in yard service. (The term road service, as used in this paragraph shall not apply to employes paid road rates, but governed by yard rules).
3. An extra engineer changing to a regular assignment or a regularly assigned engineer reverting to the extra list shall be paid at the pro rata rate for the first eight hours of work following such change.
4. This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis, nor at points where engineers vacancies are protected by senior demoted engineers account insufficient extra work to maintain an engineers extra list, such as Council Bluffs, and certain periods of time at East and North St. Louis.
The provision of this agreement become effective on December 1st, 1950, and shall continue in effect subject ot the serving of thirty (30) days notice by one party upon the other party, further handling to be in conformity with the procedural requirements of the amended Railway Labor Act.
Signed at Chicago, this first day of December, 1950.
For the Brotherhood of Locomotive Engineers:
/s/ C. H. ATKINS
General Chairman
For the Chicago, Burlington & Quincy Railroad Company:
/s/ J. E. WOLFE
Assistant to Vice President, Labor Relations December 1, 1950
pg 125
Chicago, March 13, 1941
Mr. C. H. Atkins
General Chairman, B. L. E.
Aurora, Illinois
Mr. H. A. Husted
General Chairman, B.L.F.&E.
Galesburg, Illinois
Gentlemen:
In conformity with understanding reached in conference on March 6th, I will instruct that way frieght rates of pay on the hourly basis, based upon the class of engine used, will effective April 1st, 1941, be paid to engine crews in transfer service operating under and subject to the provisions of Rule 23 of current schedule agreement. Crews in mine run service shall be compensated on the same basis, effective on the same date.
In addition, effective April 1st, 1941, way freight rates on the hourly basis will be allowed on the following runs, which are now tabulated under Rule 27 as runs paying through freight rates:
Macomb-Colchester-Bushnell
Canton-St. David
Keokuk-Mooar
It is also agreed that in the event the South Omaha Ralston-LaPlatte-Bellevue, also serving Fort Crook run, which is no tabulated under Rule 27 as a run to be paid on the through freight hourly basis, is re-established, payment shall be made on the way freight hourly basis.
The foregoing applies only to rates of pay and in no way changes other conditions applying to these runs. Will you please acknowledge receipt and confirm mutual understanding reached in conference in regard to the matters herein referred to.
Yours truly,
/s/ H. J. HOGLUND
Acknowledged:
/s/ C. H. ATKINS
/s/ H. A. HUSTED
NOTE: The above runs now pay yard rate. See Appendix, Page 151.
pg. 126
Chciago, December 8, 1917.
Messrs.
J. A. Leverington
General Chairman, B.L.E.
Hannibal, Missouri
M. Larson
General Chairman, B.L.F.&E.
Galesburg, Illinois
Gentlemen:
Referring to your letter of December 7th in connection with rule in the new schedules for engineers and firemen to read:
Firemen or Engineers in yard service shall have a designated point for going on duty and a designated point for going off duty.
The Company recognized the principle that, where the stopping point is other than the starting point that engineers and firemen should be compensated for time required to get back to the starting point and it has been agreed that the General Committees of the Engineers and Firemen, that owing to the conditions in the various yards being dis-similar, that the Superintendent and Local Committees will agree on an amount of time allowed to the men in each case.
Yours truly,
/s/ L. B; ALLEN
General Manager, L.E.
/s/ W. F. THIEHOFF
General Manager, L.W.
MEMORANDUM OF AGREEMENT
Between the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
and the
CHICAGO, BURLINGTON & QUINCY RAILROAD
COMPANY
It is understood when an extra yard engine has been on for three (3) consecutive days on the same shift it will be considered a regular engine and given a fixed starting time.
Sundays and holidays excepted.
For the Brotherhood of Locomotive Engineers:
/s/ C. H. ATKINS
General Chairman
For the Chicago, Burlington & Quincy Railroad Co.:
/s/ H. J. HOGLUND
Asst. to Exec. Vice President
Chicago, Illinois, April 14, 1938.
pg. 128
MEMORANDUM OF AGREEMENT
CHICAGO, BURLINGTON & QUINCY RAILROAD
COMPANY
and the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
The following provision, supplementing Rule 42 of the Engineers schedule Agreement will be effective as of May 1, 1938, and will supersede the Interpretation of Rule 42 agreed to July 9, 1931, viz.:
1. When Engineer is deadheaded to an outlying point for pilot service, computation of the first days pilot service will begin at time of arrival at the point to which deadheaded.
2. Engineers in pilot service may be called to make short pilot trips or turnarounds with the understanding that one or more pilot trips may be made and paid actual miles, with a minimum of 100 miles for a day; provided (a) that the mileage of all of the pilot trips does not exceed 100 miles, (b) that engineers shall not be required to begin piloting on a succeeding trip after having been on duty eight (8) consecutive hours, except as a new day, and (c) that engineers shall not be required to pilot trains
into and out of , or through recognized terminals except as a new day.
For the Brotherhood of Locomotive Engineers:
/s/ C. H. ATKINS
General Chairman, B.L.E.
/s/ A. J. SEELMAN
General Secretary, B.L.E.
For the Chicago, Burlington & Quincy Railroad Co.:
/s/ H. J. HOGLUND
Asst. To Exec. Vice President
Chicago, Illinois, April 25, 1938.
pg. 129
August 2, 1946
E-9-G
Mr. C. H. Atkins
General Chairman, BLE
Aurora, Illinois
Dear Sir:
This will acknowledge receipt of your letter of July 27 in regard to proper application of the provisions of Rule 42 which pertains to the employment of locomotive engineers in pilot service.
It is not my understanding that the four trips referred to in Rule 42 was intended to be given the interpretation outlined in your letter of July 27. I think a reasonable interpretation of the rule would be that if an engineer had not operated over a Division or Sub-division within a period of at least one year, such engineer would not be considered qualified for service on that Division or Sub-division until four trips had been made.
If you concur in this interpretation and will so advise, I will see that the rule, when it is effective, is applied in that manner.
Yours truly,
/s/ J. E. WOLFE
NOTE: The above was concurred in under date of August 5, 1946.
pg. 130
MEMORANDUM OF AGREEMENT
Governing Outlying Extra Boards
When an outlying extra list, on which the earnings do not justify increase in the number of men employed, becomes exhausted and an additional engineer is needed temporarily, the engineer first out on the nearest headquarters extra list on the same seniority district will be sent and will take his turn on outlying extra list on his arrival. An engineer so sent from a headquarters extra list to an outlying extra list tmeporarily will take all the conditions applying to such outlying extra list, except that
he will be guaranteed a start of a trip or days work for each calendar day while so held working on such extra list at the rate paid for last service performed. It is further agreed that where no outlying extra list is maintained that when temporary vacancies accrue they will be filled by engineer from the nearest extra list on the seniority district.
It is recognized there may be more than one headquarters extra list on the same seniority district on some division, such as Beardstown Division -- Beardstown and Centralia; McCook Division -- McCook and Denver; Sterling Division -- Sterling and Bridgeport; Casper Divsion -- Casper and Greybull; Omaha Division-- Lincoln and Omaha, and that outlying extra lists may be stablished when there is sufficient work that men assigned to such extra lists will be able to earn the minimum mileage as set out in Rule 5
7. This wil the understanding that such extra list will be maintained with reasonable regularity. This subject to thirty (30) days cancellation notice by either party.
/s/ C. H. ATKINS
General Chairman, B.L.E.
/s/ M. LARSON
General Chairman, B. L. F. &E.
/s/ L. O. MURDOCK
Asst. to Exec. Vice Pres., C.B.&Q.R.R.
Chicago, Illinois, August 2, 1935.
pg 131
MEMORANDUM OF AGREEMENT
Between the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
BROTHERHOOD OF LOCOMOTIVE FIREMEN
AND ENGINEMEN
and the
CHICAGO, BURLINGTON & QUINCY RAILROAD
COMPANY
No employee represented by the organizations signatory hereto, who is in the service, shall have his rights to service restricted or be removed from the service because of his physical or mental condition without the approval of the General Manager. He may, however, where a question of safety is involved, be held out of service on recommendation of regularly appointed physician pending the General Managers decision.
In the event the employe feels that his physicla condition does not justify removal from the service or restriction of rights to service, he may within 15 days following notice of disqualification, when requested in writing by himself or his representative, be examined by a panel of physicians and the following rules of procedure will govern:
(a) The employes physician and the railroads physician, who shall both be graduates of a Class (A) medical school of regular medicine, will select a third physician who shall be a practitioner of recognized standing in the medical profession and where any special type of case is involved must be recognized specialist in the disease of impairment which resulted in the employe being disqualifed. The panel of physicians thus selected will examine the employe and render a report of their findings within a r
easonable time not exceeding 15 days after selection, setting forth his physical condition and their conclusions as to his fitness for service, which shall be accepted as final. Copy of this report will be furnished to the employe or his representative. If the conclusions reached are adverse to the employe and it later develops that his physical condition has improved, a re-examination will be arranged after a reasonable interval if requested by the employe.
(B) The railroad company and the employe involved will each defray the expense of their respective physician. The fee of the third member of the panel, not exceeding $50, will be borne equally by the employe involved and the railroad company. Other examination expenses, such as X-ray, electrocardiographs, ets., not exceeding $25, will be borne equally by the employe involved and the railroad company.
(c) If the decision of this panel of examining physicians does not confirm the necessity for the previous disqualification or restriction, the employe will be permitted to return to the service from which removed, and compensated for loss of earnings, if any , as a result of the disqualification or restrictions.
(d) Employes who are required to submit to periodical re-examinations will be examined at the nearest point where regularly appointed physicians are available and this without the loss of time.
This agreement shall continue in effect subject to change on thirty (30) days notice by either party to the other.
For the Organizations:
/s/ C. H. ATKINS
General Chairman, B.L.E.
/s/ H. A. HUSTED
General Chairman, B.L.F.&E.
For the Railroad Company:
/s/ H. J. HOGLUND
Asst. to Exec. Vice President
/s/ A. E. DAVIS
Staff Officer, Exec. V. Pres.
Approved:
/s/ J. P. SHIELDS
Temp. A.G.C.E., B.L.E.
/s/ C. F. THOMAS
Vice President, B.L.F. &E.
Signed at Chicago, Illinois this 23rd day of January, 1941.
pg. 136
Chicago, January 12, 1937.
All Superintendents:
All Master Mechanics:
This following interpretation of Engineers Schedule Rules 40 and 55 is to be made effective at once, viz.:
When an engineer is displaced, he may take an assignment that i