Article 22 Article 22
Article 22
Advertising and Filling
Regular Assignments and Vacancies
Except as otherwise provided in these Articles, the following procedure as indicated shall govern the filling of vacancies for the first ten days
or less.
Section 1
Extra men will work first-in first-out on all vacancies, except where these articles give other men the right to fill vacancies.
A Where conductors' extra list is maintained, extra conductors, when available, shall be used. If there is no extra conductor available, the
senior available emergency freight conductor shall be used.
1. On assigned runs at a pool home terminal, if no extra men are available to fill a brakeman vacancy, the vacancy will be filled by the junior
available rested trainman at that point.
2. On assigned runs at a pool home terminal, when a conductor vacancy is to be filled and there is no extra or emergency conductor
available, the first available pool conductor, from a pool that is protected by the same extra board that protects the assigned run, will be used.
(NOTE: Pool conductors used in connection with the above will have their turns remain in the proper order at the home terminal.)
B. At outlying points, the extra conductor first-out at the division home terminal shall be deadheaded. If no extra conductor is available, the
senior available emergency freight conductor at the division home terminal shall be deadheaded, except that if there is an emergency freight
conductor at the point where the vacancy exists who is senior to all available emergency freight conductors at the division home terminal, he
shall be used.
C. In filling vacancies that occur in accordance with Section 1(A), the following shall govern:
1. If vacancy occurs at a terminal where conductors' extra list and/or trainmen's extra list is maintained, conductor filling such vacancy shall
hold it for one round trip, after which Section 1(A), shall again apply and the regular conductor must mark up at the home terminal.
2. If vacancy occurs at a terminal where neither conductors' extra list nor trainmen's extra list is maintained, conductor filling such vacancy
shall relinquish it on arrival at the home terminal, after which Section 1(A), shall again apply and the regular conductor must mark up at the
home terminal.
3. After an emergency conductor bas been used for a single trip or round trip as provided under Section 1 (C), the employee shall again be
considered available for further service as emergency conductor under Section 1(A), regardless of whether or not the employee's regular
place is in the terminal, unless he lays off or misses a call.
D. This article shall not interfere with setting up qualified members of a crew to protect emergencies.
Section 2
After a vacancy has existed for five (5) days it shall be advertised for a period of five (5) days thereafter and the senior qualified trainman
making application in writing shall be awarded the vacancy on the eleventh day. Advertising periods will dose at 12 o'clock midnight on the
fifth day. This paragraph will not apply to a vacancy created by a trainman being held out of service for disciplinary reasons, or on company
vacation.
NOTE 1: In pool service, if no bids are received for a conductor's vacancy, the junior conductor on the extra board protecting the service shall
be assigned.
NOTE 2: Positions will be advertised at terminal and lay-over points for a period of five days when: (a) new assignments are created which
are expected to be on for more than five days; (b) designated leaving time of an assigned run is changed one hour or more; (c) either
terminal of an assigned run is changed; and (d) number of crews in a specified set of assigned runs is increased or decreased. Note: In this
case all the positions involved shall be advertised.
NOTE 3: In assigned service, if no bids are received for a conductor's vacancy at the supply location, the junior conductor on the extra board
protecting the service shall be assigned. If no bids are received for a conductor's vacancy at an outlying point, the junior emergency conductor
working out of that point shall be assigned. Should an advertised conductor's position operate out of a point where no
emergency conductors are located and no extra board is maintained, the junior conductor on the extra board protecting the service shall be
assigned.
Note: It is understood “.... the junior emergency conductor working out of the POINT where such position is open shall be assigned to it," the
word POINT means the layover point of the advertised position. In assigned service, if no bids are received for brakeman's vacancy, the
junior extra brakeman protecting that service will be assigned.
It is understood that when a trainman is forced to any position account no bids received, etc., the employee may furnish the Trainmaster a
letter, within 24 hours from time so notified that as soon as an extra employee, his junior, locates on the extra list, he will be forced to the
position, allowing the employee originally forced to return to the extra list.
It is understood employees will deadhead on their own time in connection with the preceding paragraph.
NOTE 4: The posting of the vacancy on the daily "layoff' sheet shall be considered the advertisement of the vacancy.
NOTE 5: An application from a trainman for the vacancy he has created by exercising seniority shall not be considered until the place is again
vacated, unless for any cause such trainman has been displaced or removed from the position to which the employee had exercised
seniority, in which event the employee's application for the vacancy shall be considered.
NOTE 6: Trainmen absent for any reason during the period a run is advertised shall have the right to claim the advertised run when the
employee reports for work if their seniority permits.
Section 3
A trainman who is off his place for five (5) days or more and then marks up for his place before the dose of the advertising period will
automatically cancel the advertisement, provided the employee remains marked up for service. If the employee lays off before performing
service, the advertisement will be treated the same as if he had not reported.
Section 4
Vacancies created by trainmen exercising their seniority as provided in Section 2 shall in turn be advertised for five (5) days, during which
period it shall be filled in accordance with Section 1 and shall be assigned on the sixth day in the manner provided in Section 2.
Section 5
After a trainman has been off for a period of ten (10) days, he must return to his former position, seniority permitting, except as provided in
Section 2, NOTE 6 of this article. A junior employee who has been displaced by a senior employee under this paragraph shall have
displacement rights.
Section 6
Except as provided in Section 1(C), an extra employee or emergency conductor sent to an outlying point to fill a vacancy shall be required to
protect such vacancy until the regular employee reports, or until displaced, or until the employee exercises his seniority as provided in
Section 2 of this article. During the period such extra employee or emergency conductor is required to protect such vacancy the employee
shall not be permitted to mark up for arty other service.
Section 7
When a trainman regularly assigned to an outlying run lays off, he will not be permitted to resume his place unless he marks up during the
hours his assignment works. The trainman filling the vacancy during the absence of the regular employee shall be notified promptly that he is
being relieved from protecting the vacancy further.
Section 8
In the application of this Article, an outlying point is a point where neither a conductors' extra list nor a trainmen's extra list is maintained.
NOTE: If successful applicant is at his home terminal at the time he is awarded the vacancy at an outlying point, he shall protect the
assignment at the outlying point the following work day; if successful applicant is not at his home terminal at the time he is awarded the
vacancy at an outlying point, he shall protect the assignment at the outlying point at the first starting time following the expiration of 24 hours
after return to his home terminal. Extra employees filling vacancies at outlying points will be relieved in accordance with this note.
Section 9
When a regular crew is added to the pool, the place to be added shall be marked behind the places then at the home terminal. Notice that a
crew has been added to the pool shall be posted on notice boards at the same time that the crew is added and kept there for a period of five
(5) days. Positions of conductors and brakemen on such crew shall be awarded to the senior conductor and brakeman applying in writing
during such five-day period, subject to Article 4. If no bids are received, the provisions of Section 2 Note 1 will apply. If a newly created
assignment is operated during the period of advertisement, it will be manned by extra trainmen first-in first-out
Section 10
Trainmen filling vacancies on regularly assigned runs due to absence of regularly assigned employees or during the period of advertisement
shall take the conditions of the regular employee or of the assignment as advertised.
Section 11
When a permanent vacancy occurs on the conductors' extra list, notice shall be posted on notice board by the carrier and kept there for a
period of five (5) days. Position on such list shall be awarded to the senior conductor applying in writing to the caller during such five-day
period, subject to displacement by senior conductors at the terminal where such list is maintained. If no such qualified conductor applies, the
junior conductor on the applicable conductor roster shall be assigned to the position.
Section 12
A conductor or trainman holding seniority in more than one pool will be permitted to exercise his seniority from one pool to the other and will
be permitted to exercise displacement rights to obtain the position of his choice in such other pool by giving the trainmaster ten (10) days
advance notice in writing, provided the employee has been in the pool from which he desires to move more than thirty (30) days. The
employee's position will be advertised during the last five (5) days of such notice.
Conductors and trainmen may exercise seniority rights to or from assigned runs, including conductor's exact list, by giving the proper authority
ten (10) days advance notice, in writing, providing he bas been on his present assignment for thirty (30) days. If exercising seniority from an
assigned run, his position will be advertised during the last five (5) days of such notice. This is not intended to change any existing
requirements of employees insofar as protection payments are concerned.
Regular assigned pool conductors may not move from one pool assignment to another within the same pool, unless displaced.
Section 13
Trainmen will be permitted to exercise their seniority in choice of positions to which they may be entitled under these articles.
Section 14
A. 1. Chicago yardmen, in accordance with their seniority date as yardmen, may bid to any assignment established in the Argos-Dillon-Pine-
Wakarusa-South Bend territory. This right is subsequent to seniority rights established for other employees by the Agreements dated June
22, 1982 and December 9, 1982. Furthermore, if no bids are received for airy assignment established in the territory Argos-Dillon-Pine-
Wakarusa-South Bend, the Carrier may force-assign the junior yardman on Chicago Terminal extra list to the permanent vacancy.
Additionally, any temporary vacancies on any assignment in the territory not filled by any other manner, may be filled from the Chicago
Terminal yardmen's extra list.
2. Extra yardmen used off the Chicago Terminal Yardman's extra list to fill temporary vacancies in the above referenced territory will be given
a three and one-half (3-1/2) hour call and allowed the yard rate of pay.
B. Applications from employees on the Cleveland District seniority roster will be accepted for road and yard vacancies on the W&LE District
in accordance with these articles.
Section 15
When a yard engine becomes a regular assignment, as provided in Article 44, Section 5, it shall be advertised. If worked during the fourth
and fifth days, it shall be filled by the senior men bidding in writing and on the sixth day shall be assigned to the successful bidders. If no bids
are received, the junior qualified extra men will be assigned.
CLEVELAND YARD ONLY:
NOTE 1: The last sentence of Article 22, Section 15 above, will not apply insofar as yard foremen positions are concerned.
NOTE 2: After a foreman's vacancy has been advertised under this Article and no bids received, regularly assigned or extra men will have the
right to mark up on such vacancy, said mark up to be in writing. If said position is awarded to a regularly assigned yardman, said yardman's
vacated position will become subject to Article 43.
NOTE 3: Cleveland Yardmen may claim a vacation vacancy as outlined in Article 43, Interpretation 6 which reads as follows:
"Within 48 hours after a position on an assignment has been vacated."
Section 16
When a vacancy has existed for three days, it shall be advertised and filled in the same manner as prescribed in Section 15 of this Article.
NOTE: A yardman working a position or vacancy on the fourth and/or fifth day but displaced before the sixth day will be given full
displacement rights.
Section 17
The dosing time for bids will be, for the first trick 3:00 AM. on the fifth day, second trick 11:00 AM. on the fifth day; third trick 7:00 P.M. on the
fifth day; and the successful bidder will be assigned on the sixth day.
Section 18
In the application of this Article, advertisements will be for a period of 48 hours starting with the starting time of the assignment and will be
filled by the successful bidder on the sixth day.
Section 19
Advertising bulletins shall state that all assignments are “subject to Article 44, Section 3” and they shall also state that “bids will be received at
the same time for all vacancies created thereby.”
NOTE: That portion of Section 19 reading: “... and they shall also state that bids will be received at the same time for all vacancies created
thereby” will not be applicable at Bellevue Yard.
Section 20
The provisions advertising positions contained in this Article and Article 44, Section 5 also apply to individual assignments (pilots and
switchtenders): also to other individual assignments where mutually agreed.
Section 21 - System: Except Cleveland and Chicago (CMA Protected Only) Terminals
A Subject to the rules which give regular men the right to fill vacancies, when a foreman's vacancy on a regular assignment is to be filled, and
there are two qualified helpers on the assignment, the qualified helper will fill the foreman's vacancy.
If there are no qualified helpers on the assignment, the first out qualified helper on the extra list shall be used, subject to the rules governing
the use of extra men. If no such qualified helper is available on the extra list the junior qualified helper working on that trick or group of
assignments shall be used, except that if the use of the junior qualified helper would result in delay to the assignment, the available junior
qualified helper may be used with the understanding that he will be paid not less than what he would have earned as a helper on his regular
assignment or the time and one-half rate whichever is greater. In any event, a qualified helper taken off of his regular assignment under this
article shall be paid not less than what he would have earned on his own assignment.
B. When yardmen are required by the Company to fill vacancies in regular or extra positions in pilot or passenger back up service, herding
engines, locomotive cranes, clans shells or other self-propelled machinery will be filled by the senior available qualified foreman who has
notified the proper officer of his desire to be given preference in filling such vacancies and preference will be given to men applying in the
order of their seniority. If no requests are received, or those available do not desire to fill them, such vacancies will be filled by qualified extra
men. Foremen used in such service must be qualified to perform the particular duties required over the territory involved.
Section 22 - Cleveland Terminal Only
A Subject to the rules which give regular men the right to fill vacancies, when a foreman's vacancy on a regular assignment is to be filled, and
there we two qualified helpers on the assignment, the senior qualified helper may fill the foreman's vacancy. If the senior qualified helper
elects not to fill the foreman's vacancy, the junior qualified helper shall fill it if there is but one qualified helper on the assignment, he shall fill
the foreman's vacancy.
B. If there are no qualified helpers on the assignment, the first out qualified helper on the extra list shall be used, subject to the rules governing
the use of extra men.
C. If the vacancy cannot be filled under subsections A or B, the junior qualified helper working on that trick or group of assignments at the
point where the vacancy occurs shall be used except that if the use of the junior qualified helper would result in delay to the assignment, the
available junior qualified helper may be used with the understanding that he will be paid not less than what he would have earned as a helper
on his regular assignment or the time and one-half rate whichever is greater. In any event a qualified helper taken off of his regular
assignment under this Article shall be paid not less than what he would have earned on his own assignment.
If no such qualified helper is available, the junior available qualified helper on that trick whose starting point is nearest to the point at which the
vacancy occurs shall be used.
Order in which nearest points have been determined:
Vacancy at E. 55th St. - nearest point E. 40th St., 75th St, BD
Vacancy at E. 40th St. - nearest point E. 55th St., E. 75th & BD
Vacancy at E. 75th St. - nearest point E. 55th St., FY, BD
Vacancy at BD Yard -nearest point E. 55th St., FY
Vacancy at W. 110th St. - nearest point E. 75th St, & 55th St
Vacancy at Ivanhoe Yd. - nearest point Euclid
Vacancy at Euclid - nearest point Ivanhoe
D. If the vacancy cannot be filled under Subsections A through C above, a qualified yardman on his regular assigned day off will fill the
foreman's vacancy under the provisions of the agreement effective April 16, 1957.
E. 1. If the vacancy cannot be filled under subsections A through D preference will be given qualified yardmen to double from other
assignments as follows: The senior qualified yardmen, including qualified extra yardmen, available for eight (8) hours service after
completing a previous assignment coupling up with the starring time of the assignment on which the vacancy exists. Preference will be given
to men at the point where the vacancy exists and if no men are available at that point the men from nearest points in the order specified in
subsection C above will be used.
2. When yardmen are required by the Company to fill vacancies in regular or extra positions in utility, flag pilot or passenger back up service,
herding engines, locomotive cranes, clam shells or other self-propelled machinery will be filled by the senior available qualified foreman who
have notified the proper officer of their desire to be given preference in filling such vacancies, and preference will be given to men applying in
the order of their seniority. If no requests are received, or those available do not desire to fill them, such vacancies will be filled by qualified
extra men. Foremen used in such service must be qualified to perform the particular duties required over the territory involved.
Article 22
Advertising and Filling
Regular Assignments and Vacancies
Except as otherwise provided in these Articles, the following procedure as indicated shall govern the filling of vacancies for the first ten days
or less.
Section 1
Extra men will work first-in first-out on all vacancies, except where these articles give other men the right to fill vacancies.
A Where conductors' extra list is maintained, extra conductors, when available, shall be used. If there is no extra conductor available, the
senior available emergency freight conductor shall be used.
1. On assigned runs at a pool home terminal, if no extra men are available to fill a brakeman vacancy, the vacancy will be filled by the junior
available rested trainman at that point.
2. On assigned runs at a pool home terminal, when a conductor vacancy is to be filled and there is no extra or emergency conductor
available, the first available pool conductor, from a pool that is protected by the same extra board that protects the assigned run, will be used.
(NOTE: Pool conductors used in connection with the above will have their turns remain in the proper order at the home terminal.)
B. At outlying points, the extra conductor first-out at the division home terminal shall be deadheaded. If no extra conductor is available, the
senior available emergency freight conductor at the division home terminal shall be deadheaded, except that if there is an emergency freight
conductor at the point where the vacancy exists who is senior to all available emergency freight conductors at the division home terminal, he
shall be used.
C. In filling vacancies that occur in accordance with Section 1(A), the following shall govern:
1. If vacancy occurs at a terminal where conductors' extra list and/or trainmen's extra list is maintained, conductor filling such vacancy shall
hold it for one round trip, after which Section 1(A), shall again apply and the regular conductor must mark up at the home terminal.
2. If vacancy occurs at a terminal where neither conductors' extra list nor trainmen's extra list is maintained, conductor filling such vacancy
shall relinquish it on arrival at the home terminal, after which Section 1(A), shall again apply and the regular conductor must mark up at the
home terminal.
3. After an emergency conductor bas been used for a single trip or round trip as provided under Section 1 (C), the employee shall again be
considered available for further service as emergency conductor under Section 1(A), regardless of whether or not the employee's regular
place is in the terminal, unless he lays off or misses a call.
D. This article shall not interfere with setting up qualified members of a crew to protect emergencies.
Section 2
After a vacancy has existed for five (5) days it shall be advertised for a period of five (5) days thereafter and the senior qualified trainman
making application in writing shall be awarded the vacancy on the eleventh day. Advertising periods will dose at 12 o'clock midnight on the
fifth day. This paragraph will not apply to a vacancy created by a trainman being held out of service for disciplinary reasons, or on company
vacation.
NOTE 1: In pool service, if no bids are received for a conductor's vacancy, the junior conductor on the extra board protecting the service shall
be assigned.
NOTE 2: Positions will be advertised at terminal and lay-over points for a period of five days when: (a) new assignments are created which
are expected to be on for more than five days; (b) designated leaving time of an assigned run is changed one hour or more; (c) either
terminal of an assigned run is changed; and (d) number of crews in a specified set of assigned runs is increased or decreased. Note: In this
case all the positions involved shall be advertised.
NOTE 3: In assigned service, if no bids are received for a conductor's vacancy at the supply location, the junior conductor on the extra board
protecting the service shall be assigned. If no bids are received for a conductor's vacancy at an outlying point, the junior emergency conductor
working out of that point shall be assigned. Should an advertised conductor's position operate out of a point where no
emergency conductors are located and no extra board is maintained, the junior conductor on the extra board protecting the service shall be
assigned.
Note: It is understood “.... the junior emergency conductor working out of the POINT where such position is open shall be assigned to it," the
word POINT means the layover point of the advertised position. In assigned service, if no bids are received for brakeman's vacancy, the
junior extra brakeman protecting that service will be assigned.
It is understood that when a trainman is forced to any position account no bids received, etc., the employee may furnish the Trainmaster a
letter, within 24 hours from time so notified that as soon as an extra employee, his junior, locates on the extra list, he will be forced to the
position, allowing the employee originally forced to return to the extra list.
It is understood employees will deadhead on their own time in connection with the preceding paragraph.
NOTE 4: The posting of the vacancy on the daily "layoff' sheet shall be considered the advertisement of the vacancy.
NOTE 5: An application from a trainman for the vacancy he has created by exercising seniority shall not be considered until the place is again
vacated, unless for any cause such trainman has been displaced or removed from the position to which the employee had exercised
seniority, in which event the employee's application for the vacancy shall be considered.
NOTE 6: Trainmen absent for any reason during the period a run is advertised shall have the right to claim the advertised run when the
employee reports for work if their seniority permits.
Section 3
A trainman who is off his place for five (5) days or more and then marks up for his place before the dose of the advertising period will
automatically cancel the advertisement, provided the employee remains marked up for service. If the employee lays off before performing
service, the advertisement will be treated the same as if he had not reported.
Section 4
Vacancies created by trainmen exercising their seniority as provided in Section 2 shall in turn be advertised for five (5) days, during which
period it shall be filled in accordance with Section 1 and shall be assigned on the sixth day in the manner provided in Section 2.
Section 5
After a trainman has been off for a period of ten (10) days, he must return to his former position, seniority permitting, except as provided in
Section 2, NOTE 6 of this article. A junior employee who has been displaced by a senior employee under this paragraph shall have
displacement rights.
Section 6
Except as provided in Section 1(C), an extra employee or emergency conductor sent to an outlying point to fill a vacancy shall be required to
protect such vacancy until the regular employee reports, or until displaced, or until the employee exercises his seniority as provided in
Section 2 of this article. During the period such extra employee or emergency conductor is required to protect such vacancy the employee
shall not be permitted to mark up for arty other service.
Section 7
When a trainman regularly assigned to an outlying run lays off, he will not be permitted to resume his place unless he marks up during the
hours his assignment works. The trainman filling the vacancy during the absence of the regular employee shall be notified promptly that he is
being relieved from protecting the vacancy further.
Section 8
In the application of this Article, an outlying point is a point where neither a conductors' extra list nor a trainmen's extra list is maintained.
NOTE: If successful applicant is at his home terminal at the time he is awarded the vacancy at an outlying point, he shall protect the
assignment at the outlying point the following work day; if successful applicant is not at his home terminal at the time he is awarded the
vacancy at an outlying point, he shall protect the assignment at the outlying point at the first starting time following the expiration of 24 hours
after return to his home terminal. Extra employees filling vacancies at outlying points will be relieved in accordance with this note.
Section 9
When a regular crew is added to the pool, the place to be added shall be marked behind the places then at the home terminal. Notice that a
crew has been added to the pool shall be posted on notice boards at the same time that the crew is added and kept there for a period of five
(5) days. Positions of conductors and brakemen on such crew shall be awarded to the senior conductor and brakeman applying in writing
during such five-day period, subject to Article 4. If no bids are received, the provisions of Section 2 Note 1 will apply. If a newly created
assignment is operated during the period of advertisement, it will be manned by extra trainmen first-in first-out
Section 10
Trainmen filling vacancies on regularly assigned runs due to absence of regularly assigned employees or during the period of advertisement
shall take the conditions of the regular employee or of the assignment as advertised.
Section 11
When a permanent vacancy occurs on the conductors' extra list, notice shall be posted on notice board by the carrier and kept there for a
period of five (5) days. Position on such list shall be awarded to the senior conductor applying in writing to the caller during such five-day
period, subject to displacement by senior conductors at the terminal where such list is maintained. If no such qualified conductor applies, the
junior conductor on the applicable conductor roster shall be assigned to the position.
Section 12
A conductor or trainman holding seniority in more than one pool will be permitted to exercise his seniority from one pool to the other and will
be permitted to exercise displacement rights to obtain the position of his choice in such other pool by giving the trainmaster ten (10) days
advance notice in writing, provided the employee has been in the pool from which he desires to move more than thirty (30) days. The
employee's position will be advertised during the last five (5) days of such notice.
Conductors and trainmen may exercise seniority rights to or from assigned runs, including conductor's exact list, by giving the proper authority
ten (10) days advance notice, in writing, providing he bas been on his present assignment for thirty (30) days. If exercising seniority from an
assigned run, his position will be advertised during the last five (5) days of such notice. This is not intended to change any existing
requirements of employees insofar as protection payments are concerned.
Regular assigned pool conductors may not move from one pool assignment to another within the same pool, unless displaced.
Section 13
Trainmen will be permitted to exercise their seniority in choice of positions to which they may be entitled under these articles.
Section 14
A. 1. Chicago yardmen, in accordance with their seniority date as yardmen, may bid to any assignment established in the Argos-Dillon-Pine-
Wakarusa-South Bend territory. This right is subsequent to seniority rights established for other employees by the Agreements dated June
22, 1982 and December 9, 1982. Furthermore, if no bids are received for airy assignment established in the territory Argos-Dillon-Pine-
Wakarusa-South Bend, the Carrier may force-assign the junior yardman on Chicago Terminal extra list to the permanent vacancy.
Additionally, any temporary vacancies on any assignment in the territory not filled by any other manner, may be filled from the Chicago
Terminal yardmen's extra list.
2. Extra yardmen used off the Chicago Terminal Yardman's extra list to fill temporary vacancies in the above referenced territory will be given
a three and one-half (3-1/2) hour call and allowed the yard rate of pay.
B. Applications from employees on the Cleveland District seniority roster will be accepted for road and yard vacancies on the W&LE District
in accordance with these articles.
Section 15
When a yard engine becomes a regular assignment, as provided in Article 44, Section 5, it shall be advertised. If worked during the fourth
and fifth days, it shall be filled by the senior men bidding in writing and on the sixth day shall be assigned to the successful bidders. If no bids
are received, the junior qualified extra men will be assigned.
CLEVELAND YARD ONLY:
NOTE 1: The last sentence of Article 22, Section 15 above, will not apply insofar as yard foremen positions are concerned.
NOTE 2: After a foreman's vacancy has been advertised under this Article and no bids received, regularly assigned or extra men will have the
right to mark up on such vacancy, said mark up to be in writing. If said position is awarded to a regularly assigned yardman, said yardman's
vacated position will become subject to Article 43.
NOTE 3: Cleveland Yardmen may claim a vacation vacancy as outlined in Article 43, Interpretation 6 which reads as follows:
"Within 48 hours after a position on an assignment has been vacated."
Section 16
When a vacancy has existed for three days, it shall be advertised and filled in the same manner as prescribed in Section 15 of this Article.
NOTE: A yardman working a position or vacancy on the fourth and/or fifth day but displaced before the sixth day will be given full
displacement rights.
Section 17
The dosing time for bids will be, for the first trick 3:00 AM. on the fifth day, second trick 11:00 AM. on the fifth day; third trick 7:00 P.M. on the
fifth day; and the successful bidder will be assigned on the sixth day.
Section 18
In the application of this Article, advertisements will be for a period of 48 hours starting with the starting time of the assignment and will be
filled by the successful bidder on the sixth day.
Section 19
Advertising bulletins shall state that all assignments are “subject to Article 44, Section 3” and they shall also state that “bids will be received at
the same time for all vacancies created thereby.”
NOTE: That portion of Section 19 reading: “... and they shall also state that bids will be received at the same time for all vacancies created
thereby” will not be applicable at Bellevue Yard.
Section 20
The provisions advertising positions contained in this Article and Article 44, Section 5 also apply to individual assignments (pilots and
switchtenders): also to other individual assignments where mutually agreed.
Section 21 - System: Except Cleveland and Chicago (CMA Protected Only) Terminals
A Subject to the rules which give regular men the right to fill vacancies, when a foreman's vacancy on a regular assignment is to be filled, and
there are two qualified helpers on the assignment, the qualified helper will fill the foreman's vacancy.
If there are no qualified helpers on the assignment, the first out qualified helper on the extra list shall be used, subject to the rules governing
the use of extra men. If no such qualified helper is available on the extra list the junior qualified helper working on that trick or group of
assignments shall be used, except that if the use of the junior qualified helper would result in delay to the assignment, the available junior
qualified helper may be used with the understanding that he will be paid not less than what he would have earned as a helper on his regular
assignment or the time and one-half rate whichever is greater. In any event, a qualified helper taken off of his regular assignment under this
article shall be paid not less than what he would have earned on his own assignment.
B. When yardmen are required by the Company to fill vacancies in regular or extra positions in pilot or passenger back up service, herding
engines, locomotive cranes, clans shells or other self-propelled machinery will be filled by the senior available qualified foreman who has
notified the proper officer of his desire to be given preference in filling such vacancies and preference will be given to men applying in the
order of their seniority. If no requests are received, or those available do not desire to fill them, such vacancies will be filled by qualified extra
men. Foremen used in such service must be qualified to perform the particular duties required over the territory involved.
Section 22 - Cleveland Terminal Only
A Subject to the rules which give regular men the right to fill vacancies, when a foreman's vacancy on a regular assignment is to be filled, and
there we two qualified helpers on the assignment, the senior qualified helper may fill the foreman's vacancy. If the senior qualified helper
elects not to fill the foreman's vacancy, the junior qualified helper shall fill it if there is but one qualified helper on the assignment, he shall fill
the foreman's vacancy.
B. If there are no qualified helpers on the assignment, the first out qualified helper on the extra list shall be used, subject to the rules governing
the use of extra men.
C. If the vacancy cannot be filled under subsections A or B, the junior qualified helper working on that trick or group of assignments at the
point where the vacancy occurs shall be used except that if the use of the junior qualified helper would result in delay to the assignment, the
available junior qualified helper may be used with the understanding that he will be paid not less than what he would have earned as a helper
on his regular assignment or the time and one-half rate whichever is greater. In any event a qualified helper taken off of his regular
assignment under this Article shall be paid not less than what he would have earned on his own assignment.
If no such qualified helper is available, the junior available qualified helper on that trick whose starting point is nearest to the point at which the
vacancy occurs shall be used.
Order in which nearest points have been determined:
Vacancy at E. 55th St. - nearest point E. 40th St., 75th St, BD
Vacancy at E. 40th St. - nearest point E. 55th St., E. 75th & BD
Vacancy at E. 75th St. - nearest point E. 55th St., FY, BD
Vacancy at BD Yard -nearest point E. 55th St., FY
Vacancy at W. 110th St. - nearest point E. 75th St, & 55th St
Vacancy at Ivanhoe Yd. - nearest point Euclid
Vacancy at Euclid - nearest point Ivanhoe
D. If the vacancy cannot be filled under Subsections A through C above, a qualified yardman on his regular assigned day off will fill the
foreman's vacancy under the provisions of the agreement effective April 16, 1957.
E. 1. If the vacancy cannot be filled under subsections A through D preference will be given qualified yardmen to double from other
assignments as follows: The senior qualified yardmen, including qualified extra yardmen, available for eight (8) hours service after
completing a previous assignment coupling up with the starring time of the assignment on which the vacancy exists. Preference will be given
to men at the point where the vacancy exists and if no men are available at that point the men from nearest points in the order specified in
subsection C above will be used.
2. When yardmen are required by the Company to fill vacancies in regular or extra positions in utility, flag pilot or passenger back up service,
herding engines, locomotive cranes, clam shells or other self-propelled machinery will be filled by the senior available qualified foreman who
have notified the proper officer of their desire to be given preference in filling such vacancies, and preference will be given to men applying in
the order of their seniority. If no requests are received, or those available do not desire to fill them, such vacancies will be filled by qualified
extra men. Foremen used in such service must be qualified to perform the particular duties required over the territory involved.
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