FIVE-DAY WORK WEEK

                                    OCTOBER 27, 1955

This Agreement made this 27th day of October, 1955, by and between the participating carriers listed in Exhibits A, B, and C, attached hereto and made a part hereof, and represented by the Eastern, Western and Southeastern Carriers' Conference Committees, and the locomotive engineers (motormen) of such carriers represented by the Brotherhood of Locomotive Engineers through their conference committee.

ARTICLE IV -- FIVE-DAY WORK WEEK.

(a) Effective October 1, 1955, Agreement “B” entered into by the parties hereto under date of May 23, 1952 is cancelled in its entirety for locomotive engineers (motormen).

 (b) The five-day work week will not be placed in effect until the Brotherhood of Locomotive Engineers desires to place the five-day work week Agreement of May 23, 1952 into effect for the entire craft or class of locomotive engineers motormen) represented by this organization on all carriers parties hereto, in which event the Brotherhood shall give the individual carriers 60 days’ notice to that effect. On the first day of the first calendar month following the 60-day notice period, the following provisions shall become effective: 

(1) Paragraph (a) of Section 1 of ARTICLE 3 of Agreement “A” entered into by the parties hereto under date of May 23, 1952, is cancelled in its entirety for locomotive engineers (motormen) and is replaced by the following substitute paragraph (a) of Section 1 of ARTICLE 3 of the above-mentioned Agreement “A”: 

“ARTICLE 3 -- FIVE-DAY WORK WEEK. 

“Section 1. (a) Each carrier will establish for locomotive engineers (motormen) in yard, transfer, and belt line service, or combinations thereof, represented by the Brotherhood of Locomotive Engineers, a work week of “five basic days. Except as otherwise provided in this ARTICLE 3, the work week will consist of five consecutive days with two days off in each seven. The foregoing work week rule is subject to another provisions of this agreement.” 

(2) ARTICLE 1 of Agreement “A”, entered into as aforesaid under date of May 23, 1952, is cancelled in its entirety for locomotive engineers (motormen) and is replaced by the following substitute ARTICLE 1 of Agreement “A”:

(b) Rates other than standard will be computed in accordance with the formula set forth in paragraph (a) above.

 “(c) As amended in this agreement and as amended by ARTICLE 3 -- VACATIONS -- of the Agreement Of August 17, 1954, ARTICLE 3 -- FIVE-DAY WORK WEEK of Agreement “A” of May 23, 1952 will become a part of this agreement and will be applicable to the parties hereto. 

“(d) The Interim Agreement of May 23, 1952 for locomotive engineers (motormen) is cancelled in its entirety. 

“(e) Unless basic rates are increased or decreased prior to conversion the conversion adjustments set forth above will result in the following standard basic daily rates of pay for locomotive engineers (motormen) in yard service:  

                        AGREEMENT "A"

This Agreement made this twenty-third day of May, 1952, by and between the participating carriers listed in Exhibits A, B, and C, attached hereto and hereby made a part hereof and represented by Eastern, Western and Southeastern Carriers’ Conference Committees, and the employees shown thereon and represented by the Brotherhood of Locomotive Engineers through their conference committee.

Section 1.

(b) The designated officer or officers on each railroad and the representative or representatives designated by the Brotherhood will meet and agree on details and methods for re-bulletining and reassigning jobs to conform with the five-day week. After all initial changes have been made to place the five-day week in effect, subsequent changes will be madein accordance with schedule agreement rules.

Section 2.

The term “work week” for regularly assigned employees shall mean a week beginning on the first day on which the assignment is bulletined to work.  

Section 3.

(a) When service is required by a carrier on days off of regular assignments it may be performed by other regular assignments, by regular relief assignments, by a combination of regular and regular relief assignments, or by extra employees when not protected in the foregoing manner. (This does not disturb rules or practices on roads involving the use of emergency men or unassigned employees). Where regular relief assignments are established, they shall, except as otherwise provided in this agreement, have five consecutive days of work, designated days of service, and definite starting times on each shift within the time periods specified in the starting time rules. They may on different days, however, have different starting times within the periods specified in the starting time rules, and have different points for going on and off duty within the same seniority district which shall be the same as those of the employee or employees they are relieving.

(c) After the starting times and days of service have been established, Changes therein may be made only in accordance with schedule or bulletin rules.

(d) Rules providing for assignments of crews “for a fixed period of time which shall be for the same hours daily” will be relaxed only to the extent provided in (a) and (b) of this Section 3. 

(e) Except as otherwise provided for in this Section 3, regular relief assignments shall be established in conformity with rules in agreements or practices in effect on individual properties governing starting times and bulletining of assignments, and when so established may be changed thereafter only in accordance with schedule and bulletin rules.

Section 4.

(a) Accumulation. -- Agreements may be made on the individual properties to provide for the accumulation of days off over a period not to exceed five consecutive weeks.

 (b) Days Off. -- In cases where day or days off is to be filled which cannot be made a part of a regular assignment at an outlying or small yard and there “are no extra men at the point, by agreement between representatives of the carrier and the organization, such day or days may be filled by using the regular men and be paid for at straight-time rate. 

(c) Non-consecutive Days. -- If the representatives of the parties fail to agree upon the establishment of non-consecutive days off at any point, the carrier may nevertheless establish non-consecutive days off subject to the right of the employees to process the dispute as a grievance or claim under the rules agreement.

Section 5 -- Regular Employees.

(a) Existing rules which relate to the payment of daily overtime for regular assigned employees and practices thereunder are not changed hereby and shall be understood to apply to regular assigned relief men, except that work performed by regular assigned relief men on assignments which conform with the provisions of Section 3 of this Article shall be paid for at the straight-time rate.

(1) As provided in Section 4 (a) and (b); 

(2) When changing off where it is the practice to work alternately days and nights for certain periods;

(3) When working through two shifts to change off;

(4) Where exercising seniority rights from one assignment to another;

(5) Where paid straight-time rates under existing rules or practices for a second tour of duty in another grade or class of  service. In the event an additional day’s pay at the straight-time rate is paid to an employee for other service performed or started during the course of his regular tour of duty, such additional day will not be utilized in computing the five straight-time eight-hour shifts referred to in this paragraph (b). 

(c) There shall be no overtime on overtime; neither shall overtime hours paid for, nor be paid for at straight-time rate for work referred to in paragraph (b) of this Section 5, be utilized in computing the five straight-time eight-hour shifts referred to in such paragraph (b) of this Section 5, nor shall time paid for in the nature of arbitraries or special allowances such as attending court, inquests, investigations, examinations, deadheading, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such hours. Existing rules or practices regarding the basis of payment of arbitraries or special allowances and similar rules are not affected by this agreement.

(d) Any tour of duty in road service shall not be considered in any way in connection with the application of this agreement, nor shall service under two agreements be combined in computations leading to overtime under the five-day week.

(a) Existing rules which relate to the payment of daily overtime for extra Employees and practices thereunder are not changed hereby. Any shift in yard and hostling service in excess of eleven straight-time shifts in yard and hostling service in a semi-monthly period will be paid for at time and one-half rate.

Note:t It is recognized that the carrier is entitled to have an extra employee work eleven straight time shifts in yard and hostling service in a semi-monthly period without regard to overtime shifts which may be worked under provisions of the Agreement of August 11, 1948. After an extra man has worked eleven straight time shifts in yard and hostling service in a semi-monthly period he will remain on the Extra board, but will not be used in yard and hostling service during the remainder of that period if other extra men are available who can work in such service at the straight time rate.

(b) In the event an additional day’s pay at the straight time rate is paid to an extra employee for other service performed or started during the course of his tour of duty in yard or hostling service, such additional day will not be utilized in computing the eleven straight time shifts referred to in paragraph (a) of this Section. (c) The principles outlined in Section 5(c) and (d) shall be applicable to extra employees in the application of this Section 6. 

Section 7.

Beginning on the date the five-day work week becomes effective on any carrier, the Vacation Agreement dated April 29, 1949, effective July 1, 1949, shall be amended as to such carrier to provide the following insofar as yard service employees and employees having interchangeable yard and road rights covered by said agreement, who are represented by the Brotherhood of Locomotive Engineers, are concerned.

Section l(a) - l(b). Add:

In the application of Section l(a) and l(b) each basic day in yard service performed by a yard service employee or by an employee having interchangeable yard and road rights shall be computed as 1.2 days for purposes of determining qualifications for vacation.

Qualifying years accumulated, also qualifying requirements for years accumulated for extended vacations, prior to the calendar year in which the five-day work week becomes effective, shall not be changed.

Section l(d). Add “Note”: The 60 and 30 calendar days referred to herein shall not be subject to the 1.2 computation provided for in Sections l(a) and l(b). 

Section 2(a). Add:

                                                Yard Service

An employee receiving one week’s vacation, or pay in

lieu thereof, under Section l(a) shall be paid 1/52 of the

compensation earned by such employee, under schedule agreements

held by the organizations signatory to the Vacation

Agreement effective July 1, 1949, on the carrier on which

he qualified under Section 1 (or carriers in case he qualified

on more than one carrier under Section l(f) during the

calendar year preceding the year in which the vacation is

taken, but in no event shall such pay be less than five minimum

basic days’ pay at the rate of the last service rendered.

                        Combination of Yard and Road Service

An employee having interchangeable yard and road rights

receiving one week’s vacation, or pay in lieu thereof, under

Section l(a) shall be paid 1/52 of the compensation earned

by such employee, under schedule agreements held by the organizations

signatory to the Vacation Agreement effective

July 1, 1949, on the carrier on which he qualified under

Section 1 (or carriers in case he qualified on more than one

carrier under Section l(f) during the calendar year preceding

the year in which the vacation is taken; provided that,

if the vacation is taken during the time such employee is

working in road service such pay shall be not less than six

minimum basic days’ pay at the rate of the last road service

rendered, and if the vacation is taken during the time such

employee is working in yard service, such pay shall be not

less than five minimum basic days’ pay at the rate of the

last yard service rendered.

Section 2(b). Add:

                                    Yard Service

An employee receiving two weeks’ vacation, or pay in

lieu thereof, under Section l(b) shall be paid 1/26 of the

compensation earned by such employee, under schedule agreements

held by the organizations signatory to the Vacation

Agreement effective July 1, 1949, on the carrier on which

he qualified under Section 1 (or carriers in case he qualified

on more than one carrier under Section l(f) during the

calendar year preceding the year in which the vacation is

taken, but in no event shall such pay be less than ten minimum

basic days’ pay at the rate of the last yard service

rendered.

                        Combination of yard and Road Service

An employee having interchangeable yard and road rights

receiving two weeks’ vacation, or pay in lieu thereof, under

Section l(b) shall be paid 1/26 of the compensation earned

by such employee, under schedule agreements held by the organizations

signatory to the Vacation Agreement effective

July 1, 1949, on the carrier on which he qualified under

Section 1 (or carriers in case he qualified on more than

one carrier under Section l(f) during the calendar year preceding

the year in which the vacation is taken; provided

that, if the vacation is taken during the time such employee

is working in road service such pay shall be not less than

twelve minimum basic days’ pay at the rate of the last road

service rendered, and if the vacation is taken during the

time such employee is working in yard service such pay shall

be not less than ten minimum basic days’ pay at the rate of

the last yard service rendered.

Section 9. Add:

With respect to yard service employees, and with respect

to any yard service employee having interchangeable yard and

road rights who receives a vacation in yard service, such additional

vacation days shall be reduced by l/6th.

General.

Except to the extent that the Vacation Agreement effective

July 1, 1.949, is changed by this Article 3, the said

Vacation Agreement, as well as the Memorandum of Understanding

of April 29, 1949, shall remain in full force and effect.

Section 8.

Existing weekly or monthly guarantees in yard or hostling

service Producing more than five days per week shall be modified

to provide for a guarantee of five days per week. Nothing

in this Article 3 shall be construed to create a guarantee

where none now exists.

Section 9.

(a) All regular or regular relief assignments shall be

for five consecutive calendar days per week of not less than

eight consecutive hours per day, except as otherwise provided

in this Article 3.

(b) An employee on a regular or regular relief assignment

who takes another regular or regular relief assignment,

will take the conditions of that assignment, but if this results

in the employee working some more than five days in the

period starting with the first day of his old work week and

ending with the last day of his new work week, such day or

days will be paid at straight time rate.

(c) A regular assigned employee in yard and hostling

service, who under schedule rules goes on an extra board,

may work on a board for the remainder of the semi-monthly

period, provided the combined days worked in yard and hostling

service on the regular assignment and an extra board

do not exceed eleven straight time days. He will then be

subject to the “Note” under Section 6 of this Article 3.

(d) An employee who leaves an extra board for a regular

or regular relief assignment will work the days of his new

assignment at straight time rate, without regard to the number

of days he may have worked on an extra board.

(e) Except as provided in paragraphs (b), (c) and (d)

of this Section --

Regular employees will not be permitted to

work more than five straight time eight-hour

shifts in a work week,

Extra employees will not be permitted to

work more than eleven straight time eight-hour

shifts in a semi-monthly period in yard or hostling service,

 and each excluding the exceptions from the computations

provided for in Section 5, paragraphs (b) and (c).

Section 10.

(a) The provisions of this Article 3 applicable to yard

service shall apply to yard, belt line and transfer service

and combinations thereof.

(b) None of the provisions of this Article 3 relating

to starting time shall be applicable to any classification

of employees included within the scope of this Article 3

which is not now subject to starting time rules.

Section 11.

Existing rules and practices, including those relating

to the establishment of regular assignments, the establishment

and regulation of extra boards and the operation of

working lists etc., shall be changed or eliminated to conform

to the provisions of this Article 3 in order to implement

the operation of the reduced work week on a straight

time basis.

Section 12.

The parties hereto having in mind conditions which exist

or may arise on individual carriers in the application of the

five-day work week agree that the duly authorized representative

(General Chairman) of the employees, party to this agreement,

and the officer designated by the carrier, may enter

into additional written understandings to implement the purposes

of this Article 3, provided that such understandings ‘

shall not be inconsistent with this Article 3.