|
YARD SERVICE RULE 64. BASIC DAY. Eight hours or less shall
constitute a day's work. RULE 65. OVERTIME. Except as indicated below or
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, all time
worked in excess of eight hours continuous service in a twenty-four hour
period shall be paid for as overtime on a minute basis at one and
one-half times the hourly rate. In the application of this rule, the following shall govern: 1. This rule applies only to
service paid on an hourly or daily
basis and not to service paid on mileage or road basis. 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" shall not apply to employees paid road
rates, but governed by yard rules). 3. Where an extra engineer
commences work on
a second shift in a twenty-four 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 engineer at the time he started to work on
the last shift on which his basic day was paid for
at the pro rata rate. 4. 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. 5. Except as modified by
other provisions of this
rule, an extra employee working one shift in one grade of
service and a second shift in another grade of service
shall be paid time and one-half for the second shift, 'the
same as though both shifts were in the same grade of
service, except where there is another engineer available
to perform the work at pro rata rate. (When an engineer is
required to fill a hostler position, he will be considered
in the same grade of service under this rule, and Section
3 shall apply). NOTE 1. Where a seniority board is in effect, in
cases where there is a man or men on the
board available for work at the pro rata
rate, a senior man who exercises his seniority
to work two shifts, the second of
which would otherwise, under the provisions
of this rule be paid at the over-time
rate, shall be paid at the pro rata
rate. NOTE 2. The adoption of this rule shall not affect
any rule relating to service performed on a
succeeding trick when an employees relief
fails to report at the fixed starting time. RULE 66. TIME BEGINS AND ENDS. Time begins when required to
report for duty at the designated on-duty point, and
ends when the engineer reaches the off-duty point and is
released from duty. RULE 67. POINT FOR BEGINNING AND ENDING DAY. (a) Yard engineers shall have
a designated point for going on and off duty. (b) The point for going on
and off duty will be governed by local conditions. In certain
localities instructions will provide that engineers will report at the hump, others
report at yard office, others at enginehouses 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. RULE 68. CALCULATING ASSIGNMENTS. The time for fixing the
beginning of assignments is to be calculated from the time fixed for the
engineer to begin work without regard to preparatory or individual
duties.
RULE 69. ASSIGNMENTS. Engineers shall be
assigned for a fixed period of time which shall be for the same hours daily.
So far as is practicable, assignments shall be restricted to 8
hours' work. Assignments may be discontinued at any time,
engineer to be notified, where possible, prior to the end of the last
shift thereof. RULE 70. STARTING TIME. (a) Regularly assigned
engineers shall have a fixed starting time, and the starting time
will not be changed without at least 48 hours' advance notice. (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 AM and 8:00 AM;
the second 2:30 PM and 4:00 PM; and the third 10:30 PM and 12
midnight. (c) Except in case of
emergency, in calling extra shifts in yards where
continuous yard service is maintained by regular yard crew
assignments, the extra shifts shall be started within one of the
three periods named in Section (b). (d) Where two shifts are
worked in continuous service, the first shift may be
started during any one of the periods named in Section (b). (e) 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 AM
and 10:00 AM and the second not later than 10:30 PM. (f) Where an independent
assignment is worked regularly, the starting time will be
during one of the periods provided in Sections (b) or (e). (g) At points where only one
yard crew is regularly employed, they can be started
at any time, subject to Section (a). (h) 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. RULE 71. MEAL PERIOD. (a) Engineers will be allowed
20 minutes for lunch between 41/2 and 6 hours after
beginning work as a crew unit, without deduction in pay, the lunch period to
be completed by the end of the sixth hour. (b) Engineers will not be
required to work longer than 6 hours after first meal
period without being allowed an additional 20 minutes for
lunch, with no deduction in pay or time therefor. RULE 72. ARBITRARIES.
Where it has been the practice or rule to pay a yard engine crew or either member
thereof arbitraries or special allowances, or to allow
another minimum day for extra or additional service, performed during the
course of or continuous after the end of the regularly assigned
hours, such practice or rule is hereby eliminated, except where such
allowances are for individual service not properly within the scope
of yard service, or as provided in yard-road service rule. RULE 73. ROAD SERVICE. (also
reference: Article VIII Section 2) Where regularly assigned to
perform service within switching limits, engineers shall not
be used in road service when road engineers are available,
except in case of emergency. When yard engineers are used in road
service under conditions just referred to, they shall be paid miles or
hours, whichever is the greater, with a minimum of one hour,
for the class of service performed, in addition to the regular
yard pay and without any deduction therefrom for the
time consumed in said service. QUESTIONS AND ANSWERS: How does Rule 73 apply in following examples: 1st. Work 5 hours in yard, then
used in road service 4 hours, making 20 miles;
total spread 9 hours? Answer. Eight hours at straight yard rates, 1 hour at yard overtime rates (time
and oneBhalf), and 4 hours at pro rata road rates. 2nd
Work 2 hours in yard, used in road service 30 minutes, making 5 miles;
returns to yard and works 2 hours; again used in road service
for 1 hour, making 10 miles; then returns to yard and
works 2 hours and 30 minutes; total spread, 8 hours? Answer. Eight hours at straight yard rates, 1 hour at pro rata rates for first
road service and 1 hour at pro rata road rates for
second road service. 3rd
Work 1 hour in yard, used in road service for 1 hour, making 20 miles;
returns to yard and works 5 hours; again used in road service
for 2 hours, making 15 miles; total spread, 9 hours? Answer. Eight hours at straight yard rates, 1 hour at yard overtime rates (time
and one-half) 20 miles at pro rata road rates for first
road service, and 2 hours at " pro rata road rates
for second road service. RULE 74. CALLING-YARD SERVICE. (a) Regularly assigned yard
service engineers and extra yard service engineers protecting
vacancies of regularly assigned yard service engineers in outside
yards will report for duty at their assigned starting time and starting
point without being called. (b) At terminals where yard
engineers' extra boards are maintained engineers
required for irregular assignments in yard service and who
reside within one and one-half miles from crew dispatcher's
office will be called, as near as practicable, one hour
before time required to report for duty. Where yard
service engineers provide themselves with telephone
service at their own expense they shall be called by
telephone and the distance within which they shall be called
shall not be limited. RULE 75. CALL AND RELEASE. Extra engineers called for
service and who report to work on the assignment but are not used,
will be allowed a day's pay at rate of locomotive to be used and
return to the extra board last out. If called while working to
double on a succeeding shift, will not be considered as
being called if the call is cancelled prior to completion
of shift on which he is then working. RULE 76. SENIORITY. Yard engineers will hold
district rights. They can exercise their seniority as to shifts and
runs in their respective yards. . RULE 77. SENIORITY--EXERCISING. When an assigned yard
engineer is displaced or his position discontinued, he may exercise
his seniority or work on the extra board, or he may place-himself on a
permanent vacancy, this with the understanding that he must
make application for the job when bulletined. His failure to
make application will deprive him from displacing an assigned
man or taking another permanent vacancy. If he places himself
on extra board and is later displaced or cut off such
extra board through no fault of his own, he may displace a
junior engineer on a regular assignment if there are any
on the seniority district. A yard engineer may make
application for and be placed on any extra board on the seniority
district before junior men are added to said board.
FORCED ASSIGNED- Side Letter #1
Guaranteed Engineers' Extra
Board Agreement #1403159630
Therefore, it was agreed that should a yard
vacancy go no bid, then the
senior demoted engineer shall be forced assigned to the position and
if there are none, then the junior employee on the guaranteed extra
board
at the protecting location shall be force assigned to the vacancy.
Engineers subject to this
understanding can only be forced to yard vacancys at their respective home
terminals. In other words, a
Pocatello engineer can be forced to a Pocatello yard vacancy only, Salt Lake
City engineer can be forced to a Salt Lake City yard vacancy only and a Nampa
engineer can be forced to a Nampa yard vacancy only. This does not modify the G-2 Agreement, dated November 8,
1972, found on Pages 251-254.of the BLE Schedule, effective January 1, 1977.
RULE 78. SENIORITY BULLETINS--FILLING VACANCIES. (a) Seniority bulletins for
yard assignments shall specify starting time, on and off
duty point, and days per week. (b) When an extra yard engine
shift has been worked on the same shift period for
four (4) consecutive days, a bulletin will be posted
following the beginning of such shift of the fourth day
establishing a regular yard engine shift on the fifth (5) day. If the
extra shift is not worked on the fifth (5) day, the
seniority bulletin will be cancelled. (c) Any change in the
starting time, the on and off duty point, or the number of
days per week of an assignment shall constitute a new
assignment which shall be bulletined as provided in Section (d). (d) Except as provided in
Rule 77, when a permanent vacancy occurs or a new
position is established, the senior assigned engineer in that
yard making application will be placed on the position at the
expiration of three (3) days; Other engineers in that yard
shall be permitted to fill resulting vacancies according
to their seniority, except that the last remaining
vacancy shall be bulletined. Pending the time the positions
bulletined and assigned, it shall be filled by available
extra engineers from the extra board. NOTE: In reference to Vacation Vacancies: See modification in Side Letter
#2 of the Guaranteed Engineers' Extra Board - Agreement #1403159630 (RE: Vacation Vacancies may be taken immediately by senior yard engineer,
resulting vacancy will be filled by extra board. All other Temporary vacancies
will be filled by extra board.) (Cancelled by GEB) (e) Positions temporarily
vacant may, after having been vacant three (3) days,
be taken by the senior assigned engineer in that yard having
a written application on file at the expiration of the
three (3) days. Other engineers in that yard will be permitted
to fill resulting vacancies according to their seniority,
except that the last remaining vacancy, after being open for
a period of five (5) days, may be taken by the senior
engineer on the extra board, protecting that yard who has
made application for same before the expiration of the
fifth (5) day. NOTE 1: For application of this provision,
see temporary modification set
forth in Agreement E&1905 effective
April 1, 1960, reproduced in Appendix
No. 24. (f) Engineers holding
temporary vacancy under the five (5) day provision of
Section (e), when displaced, will not be permitted to exercise
seniority to permanent vacancies or new positions assigned to
junior engineers while the engineer was holding the
temporary vacancy. Engineers holding temporary vacancy
must apply for permanent vacancies or new positions or forfeit
rights to same. NOTE: See temporary modification referred to
in Note 1, Section (e) hereof. (g) For a temporary vacancy
of five (5) days or less in yard service at Montpelier
and there is an available yard engineer working as yard
fireman at that point, the senior available
engineer-fireman shall be used.
(h) deleted (i) A temporary vacancy not
filled under other sections of this rule shall, upon
request of the Local Chairman, be bulletined after having been
vacant for thirty (30) days. NOTE:
See temporary Agreement. EO-1905,
effective April 1, 1960, referred
to in Note 1,"Section' (e) hereof,
reproduced, in Appendix 24,
----------------------------------------------------------------------- A G R E E M E N T - IDE-5605
Pursuant to a request from the Brotherhood of Locomotive Engineers that permanent yard engineer vacancies at Nampa, Idaho be
bulletined on a 24-hour basis;
IT IS AGREED:
The following is hereby adopted as a provision of agreement to be
identified as a supplemental agreement to Rule 85 and Appendix 24 for
application at Nampa, Idaho only, "Seniority Bulletins--Assignments"
of the Schedule Agreement effective January 1, 1977:
a) Permanent vacancies
originating on yard jobs prior to 10
AM on a given day will be bulletined on that same calendar
day and assignment made the following day at 10 AM. b)
Permanent vacancies originating after 10 AM on any given
calendar day will be bulletined the following calendar day
with assignment made the next following day at 10 AM.
c) This agreement will in no way change or modify existing
rules and agreements concerning temporary vacancies in yard
service This agreement shall be
effective May 1, 1983 and thereafter subject to
the condition that it shall automatically terminate and be of no further
force or effect fifteen (15) days after written notice of its desire to so
terminate is served by either party upon the other. Upon termination as herein
specified, rules and practices in effect. as of April 30, 1983 shall be
automatically restored.
Dated at Portland, Oregon this 5th day of April, 1983.
(Signatures omitted) |
|