Article 23 Article 23
Article 23
Assigned Trainmen
Section 1
When assigned runs are advertised, the notice shall specify the limits, layover, leaving time and the position on the assignment being
advertised, i.e. Conductor or Brakeman.
Section 2
Except as otherwise provided in this agreement, regularly assigned trainmen will not be run out of terminals in pool service as trainmen,
except when there are no pool crews available. In case of failure to reach either terminal in time for their regular assignment they shall stand
first out
NOTE: It is understood that the language "they shall stand first-out in the last sentence is intended to apply to the entire crew and not to
individuals.
Section 3
Except as otherwise provided in this agreement, regularly assigned trainmen will not be called to go out on other assignments as trainmen
except where there are no other qualified trainmen available. Regularly assigned trainmen used on other crews under this paragraph shall
receive no less compensation than would have been earned by them on their regular assignment, and they shall be restored to their regular
assignment without unreasonable delay.
NOTE: In case of a trainman vacancy on assigned runs for whirl there are no trainmen available on the extra list, the vacancies shall be filled
by the most junior available rested trainman at that point.
When a position of conductor is to be filled and there is no one available on the conductors' extra list or no emergency conductor available, the
first available conductor on a pool place 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.)
Section 4
In the event of disorganized service, trainmen will run first-in/first-out.
Section 5
Trainmen on assigned runs shall be at liberty while off duty at terminal points, unless notified in writing before going off duty that they are
required to hold themselves available to protect some other service. When so notified and not used, they shall be allowed one minimum day.
Section 6
Crews in assigned service will not be run off the division to which they are regularly assigned, except in case of accident where necessary to
detour trains around obstruction, breakdown of passenger power or obstruction of road upsetting the ordinary course of business.
Section 7
Local freight trainmen held for service on days not assigned to work, and not used, shall be paid a minimum day's pay at the local rate. If used
they shall be paid local rates.
Section 8
Regularly assigned way freight, wreck, work and construction trainmen who are ready for service the entire month and who do not lay off on
their own accord shall be guaranteed not less than 100 miles, or eight hours, for each calendar working day, exclusive of overtime (this to
include legal holidays). If, through act of providence, it is impossible to perform regular service, guarantee shall not apply.
Question - Would a blockade caused by a wreck be considered an act of Providence?
Answer - No, unless the wreck was caused directly by an act of Providence.
Section 9
Trainmen may be used in any other service to complete guarantee when for any reason regular assignment is temporarily discontinued, but
such service shall be paid for at schedule rates unless earnings from such rates would be less per day than would have been earned in
regular assignment.
(From Interpretation No. 1 to Supplement No. 25 to General Order No. 27.)
Question 67 - May earnings from service performed on Sundays be applied against the guarantee?
Decision - No, except when the regular assignments include Sundays.
Question 70 - Where way freight, wreck, work and construction trains are assigned every day in the month, does this article require the
payment of not less than 100 miles or eight hours for Sundays, except where employees lay off of their own accord?
Decision - Guarantee under Article 23 is for the calendar working days of the month including holidays. Employees having one lay-over day
per week are guaranteed the equivalent of the calendar working days of the month.
Question 71 - When local freight crews work two portions of a calendar day beginning, for example, at 8:00 p.m. one day and ending at 4:00
a.m. the following day, how does guarantee apply?
Decision - The guarantee is for the calendar working days of the month, including legal holidays. Trips commenced on one day and
completed the following day shall be treated as having been made on the date set for train to leave.
Question 72 - What is meant by that portion of the Article reading"... shall be paid for at schedule rates, unless earnings from such rates
would be less than would have been earned in regular assignment?" For example, if an employee's regular assignment covers 125 miles at
way freight rates and the employee is used in through freight service (a) should the employee's earnings be computed on a through freight
basis?
(b) must the employee be guaranteed not less than the equivalent of 125 miles at way freight rates?
Decision - (a) Yes. (b) Yes.
Question 73 - May excess miles over 100 per day be used to buildup local freight guarantee if the run is tied up on one or more holidays
during the month?
Decision - No.
Question 77 - Where an employee lays off of his own accord one or more working days of the month in which a holiday occurs, how shall the
employee be paid?
Decision - The employee shall lose the holidays of the month, provided he does not work on such holidays.
Question 80 - May regularly assigned crews, who are used in other service to complete guarantee, be used without regard to first-in first-out
rule applicable to other crews in which used?
Decision - Yes, but sews should be kept on regular assignment as far as possible.
Article 23
Assigned Trainmen
Section 1
When assigned runs are advertised, the notice shall specify the limits, layover, leaving time and the position on the assignment being
advertised, i.e. Conductor or Brakeman.
Section 2
Except as otherwise provided in this agreement, regularly assigned trainmen will not be run out of terminals in pool service as trainmen,
except when there are no pool crews available. In case of failure to reach either terminal in time for their regular assignment they shall stand
first out
NOTE: It is understood that the language "they shall stand first-out in the last sentence is intended to apply to the entire crew and not to
individuals.
Section 3
Except as otherwise provided in this agreement, regularly assigned trainmen will not be called to go out on other assignments as trainmen
except where there are no other qualified trainmen available. Regularly assigned trainmen used on other crews under this paragraph shall
receive no less compensation than would have been earned by them on their regular assignment, and they shall be restored to their regular
assignment without unreasonable delay.
NOTE: In case of a trainman vacancy on assigned runs for whirl there are no trainmen available on the extra list, the vacancies shall be filled
by the most junior available rested trainman at that point.
When a position of conductor is to be filled and there is no one available on the conductors' extra list or no emergency conductor available, the
first available conductor on a pool place 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.)
Section 4
In the event of disorganized service, trainmen will run first-in/first-out.
Section 5
Trainmen on assigned runs shall be at liberty while off duty at terminal points, unless notified in writing before going off duty that they are
required to hold themselves available to protect some other service. When so notified and not used, they shall be allowed one minimum day.
Section 6
Crews in assigned service will not be run off the division to which they are regularly assigned, except in case of accident where necessary to
detour trains around obstruction, breakdown of passenger power or obstruction of road upsetting the ordinary course of business.
Section 7
Local freight trainmen held for service on days not assigned to work, and not used, shall be paid a minimum day's pay at the local rate. If used
they shall be paid local rates.
Section 8
Regularly assigned way freight, wreck, work and construction trainmen who are ready for service the entire month and who do not lay off on
their own accord shall be guaranteed not less than 100 miles, or eight hours, for each calendar working day, exclusive of overtime (this to
include legal holidays). If, through act of providence, it is impossible to perform regular service, guarantee shall not apply.
Question - Would a blockade caused by a wreck be considered an act of Providence?
Answer - No, unless the wreck was caused directly by an act of Providence.
Section 9
Trainmen may be used in any other service to complete guarantee when for any reason regular assignment is temporarily discontinued, but
such service shall be paid for at schedule rates unless earnings from such rates would be less per day than would have been earned in
regular assignment.
(From Interpretation No. 1 to Supplement No. 25 to General Order No. 27.)
Question 67 - May earnings from service performed on Sundays be applied against the guarantee?
Decision - No, except when the regular assignments include Sundays.
Question 70 - Where way freight, wreck, work and construction trains are assigned every day in the month, does this article require the
payment of not less than 100 miles or eight hours for Sundays, except where employees lay off of their own accord?
Decision - Guarantee under Article 23 is for the calendar working days of the month including holidays. Employees having one lay-over day
per week are guaranteed the equivalent of the calendar working days of the month.
Question 71 - When local freight crews work two portions of a calendar day beginning, for example, at 8:00 p.m. one day and ending at 4:00
a.m. the following day, how does guarantee apply?
Decision - The guarantee is for the calendar working days of the month, including legal holidays. Trips commenced on one day and
completed the following day shall be treated as having been made on the date set for train to leave.
Question 72 - What is meant by that portion of the Article reading"... shall be paid for at schedule rates, unless earnings from such rates
would be less than would have been earned in regular assignment?" For example, if an employee's regular assignment covers 125 miles at
way freight rates and the employee is used in through freight service (a) should the employee's earnings be computed on a through freight
basis?
(b) must the employee be guaranteed not less than the equivalent of 125 miles at way freight rates?
Decision - (a) Yes. (b) Yes.
Question 73 - May excess miles over 100 per day be used to buildup local freight guarantee if the run is tied up on one or more holidays
during the month?
Decision - No.
Question 77 - Where an employee lays off of his own accord one or more working days of the month in which a holiday occurs, how shall the
employee be paid?
Decision - The employee shall lose the holidays of the month, provided he does not work on such holidays.
Question 80 - May regularly assigned crews, who are used in other service to complete guarantee, be used without regard to first-in first-out
rule applicable to other crews in which used?
Decision - Yes, but sews should be kept on regular assignment as far as possible.
| pages 115-118 |
 |  |  |  |  |  |  |  |
 |  |  |  |  |  |  |  |
 |  |  |  |  |  |  |  |
 |  |  |  |  |  |  |  |
 |  |  |  |  |  |  |  |
 |  |  |  |  |  |  |  |
 |  |  |  |  |  |