Article 4 Article 4
Article 4
Seniority Rights and Promotion
Section I
Subject to the Articles of this agreement, trainmen who qualify and are promoted to conductor in their regular turn shall acquire seniority as
conductor from the date of promotion and shall stand on the conductors roster in the same order that they stood on the trainmen's roster,
unless otherwise provided.
Section 2
Trainmen when sick, disabled or injured may be permitted, regardless of seniority, to work in another class of service, provided their condition
justifies such an arrangement, as long as approval is had in writing from the authorized representative of the organization concerned.
Section 3
A. An employee who has a displacement right on any position (including Extra Boards) within a terminal or within 30 miles of such employee's
current reporting point, whichever is greater, must, from the time of proper notification under the applicable agreement or practice, exercise
that displacement right within forty-eight (48) hours.
B. Failure of an employee to exercise displacement rights, as provided in Paragraph A above, will result in said employee being assigned to
the applicable Extra Board, seniority permitting. (The applicable Extra Board is the Extra Board protecting the assignment from which
displaced.)
C. This Section 3 is not intended to restrict any of the existing rights of a Carrier.
Question # 1:
On those properties where employees have less than 48 hours to exercise displacement rights, are such rules amended so as to now apply a
uniform rule?
Answer:
No, the existing rules providing for less than 48 hours continue, unless the parties specifically agree otherwise.
Question #2:
Is an employee displaced under Section 3 A, electing to exercise seniority placement beyond thirty (30) miles of the current reporting point,
required to notify the appropriate crew office of that decision within 48 hours?
Answer:
Yes.
Question #3:
How is an employee covered by this Section 3 handled who fails to exercise seniority placement within 48 hours?
Answer:
Such employee is assigned to the applicable Extra Board, seniority permitting, pursuant to Section 3 B and subsequently governed by
existing rules and/or practices.
Question #4:
How long a period of time does an employee have to exercise displacement rights outside the boundaries specified Section lA?
Answer:
The exercise of displacement rights in such instances are governed by Section 4.
Question #5:
What happens if the employee notifies the Carrier that it is the employee's intent to displace outside of the 30 mile limit, then, after 72 hours,
the employee is no longer able to hold that assignment?
Answer:
A new 48-hour period begins.
Question #6:
Is it the intent of Section 3 to impose discipline on employees who fail to exercise seniority within 48 hours?
Answer:
No, Section 3 B provides that in these circumstances the employee will be assigned to the applicable Extra Board, seniority permitting. The
employee will then be subject to existing rules and practices governing service on such Extra Board.
Question # 7:
Is this article intended to expand upon the displacement rights of an individual so as to create situations not currently provided for in existing
agreements and practices?
Answer:
No.
Question #8:
If an employee notifies the Carrier of his intent to displace beyond the 30 mile limit, can such employee notify the Carrier subsequent to the
expiration of the 48 hour period of his desire to displace within the 30 miles?
Answer:
No.
Question #9:
How is the 30 miles limit to be measured,- rail or highway?
Answer:
Highway.
Question # 1 0:
When does the 48-hour time period within which the employee must exercise displacement rights begin?
Answer:
When properly notified under existing rules governing this situation.
Section 4
Trainmen who displace to an assignment outside the boundaries described in Section 3 are entitled to displacement rights in accordance
with their seniority but must do so within a period of five (5) days immediately following the date displaced. If such choice is not made within
five (5) days, they will be assigned to the appropriate extra board. Trainmen who are absent more than five (5) days when displaced, must
exercise seniority rights when reporting for duty. .
NOTE:
Trainmen assigned to an extra board in accordance with Sections 3 and 4, shall lose their displacement rights.
Section 5
If a trainman who has been away from his assignment for any reason, marks up for duty, or a trainman exercises seniority to an assignment
and does not work or go out on the assignment; the employee displaced shall, if available and provided he has not exercised seniority to and
worked on another assignment, continue to hold it until the employee displacing him actually performs service on the assignment, subject to
displacement by senior employees under the rules.
Section 6
If a trainman exercising displacement rights to an advertised vacancy does not submit a bid for such assignment, he shall again have
displacement rights when the advertised vacancy is awarded.
Section 7
Conductors or trainmen voluntarily leaving the service will forfeit all rights as such and Will not be reinstated as such.
Section 8
The seniority of any employee whose seniority in train or engine service is established after December 5, 1991 and who is furloughed for 365
consecutive days will be terminated if such employee has less than three (3) years of seniority.
NOTE:
Application of this Article 4 is subject to provisions of interchangeable rights agreements in effect.
Section 9
A. The promotion and assignment of conductors and brakemen shall be governed by ability and seniority, subject to their respective
schedules.
B. .All trainmen must accept promotion to conductor/foreman when offered by the Carrier. Once promoted, trainmen, including those already
promoted, will not be permitted to voluntarily relinquish conductor/foreman rights.
Existing rules and practices governing promotion continue in effect.
C. The term "brakemen" or "trainmen" as used in this article includes both road brakemen and yard switchmen.
Section 10
When the need arises for additional engineers, the Carrier will post a bulletin advising that trainmen, conductors, yardmen, and hostlers
interested in being considered for locomotive engineer training and eligible for consideration must so notify the appropriate Carrier officer in
writing. These bulletins will be posted for a period of 30 days.
Disapproved candidates will be advised in writing that they have not been approved, the reasons provided as to why they were not approved,
and the advice that they may reapply for consideration. .
The above procedures will also apply to train service employees hired prior to November 1, 1985, consistent with applicable national
agreements.
Section 11
The right to promotion shall be governed by seniority in service if competent.
Section 12
In the appointment of yardmasters, the senior yardman will in all cases be given full and unprejudiced consideration.
Section 13
Yardmen who have qualified as foreman and who so desire shall be given an opportunity to qualify for positions as yardmaster.
Article 4
Seniority Rights and Promotion
Section I
Subject to the Articles of this agreement, trainmen who qualify and are promoted to conductor in their regular turn shall acquire seniority as
conductor from the date of promotion and shall stand on the conductors roster in the same order that they stood on the trainmen's roster,
unless otherwise provided.
Section 2
Trainmen when sick, disabled or injured may be permitted, regardless of seniority, to work in another class of service, provided their condition
justifies such an arrangement, as long as approval is had in writing from the authorized representative of the organization concerned.
Section 3
A. An employee who has a displacement right on any position (including Extra Boards) within a terminal or within 30 miles of such employee's
current reporting point, whichever is greater, must, from the time of proper notification under the applicable agreement or practice, exercise
that displacement right within forty-eight (48) hours.
B. Failure of an employee to exercise displacement rights, as provided in Paragraph A above, will result in said employee being assigned to
the applicable Extra Board, seniority permitting. (The applicable Extra Board is the Extra Board protecting the assignment from which
displaced.)
C. This Section 3 is not intended to restrict any of the existing rights of a Carrier.
Question # 1:
On those properties where employees have less than 48 hours to exercise displacement rights, are such rules amended so as to now apply a
uniform rule?
Answer:
No, the existing rules providing for less than 48 hours continue, unless the parties specifically agree otherwise.
Question #2:
Is an employee displaced under Section 3 A, electing to exercise seniority placement beyond thirty (30) miles of the current reporting point,
required to notify the appropriate crew office of that decision within 48 hours?
Answer:
Yes.
Question #3:
How is an employee covered by this Section 3 handled who fails to exercise seniority placement within 48 hours?
Answer:
Such employee is assigned to the applicable Extra Board, seniority permitting, pursuant to Section 3 B and subsequently governed by
existing rules and/or practices.
Question #4:
How long a period of time does an employee have to exercise displacement rights outside the boundaries specified Section lA?
Answer:
The exercise of displacement rights in such instances are governed by Section 4.
Question #5:
What happens if the employee notifies the Carrier that it is the employee's intent to displace outside of the 30 mile limit, then, after 72 hours,
the employee is no longer able to hold that assignment?
Answer:
A new 48-hour period begins.
Question #6:
Is it the intent of Section 3 to impose discipline on employees who fail to exercise seniority within 48 hours?
Answer:
No, Section 3 B provides that in these circumstances the employee will be assigned to the applicable Extra Board, seniority permitting. The
employee will then be subject to existing rules and practices governing service on such Extra Board.
Question # 7:
Is this article intended to expand upon the displacement rights of an individual so as to create situations not currently provided for in existing
agreements and practices?
Answer:
No.
Question #8:
If an employee notifies the Carrier of his intent to displace beyond the 30 mile limit, can such employee notify the Carrier subsequent to the
expiration of the 48 hour period of his desire to displace within the 30 miles?
Answer:
No.
Question #9:
How is the 30 miles limit to be measured,- rail or highway?
Answer:
Highway.
Question # 1 0:
When does the 48-hour time period within which the employee must exercise displacement rights begin?
Answer:
When properly notified under existing rules governing this situation.
Section 4
Trainmen who displace to an assignment outside the boundaries described in Section 3 are entitled to displacement rights in accordance
with their seniority but must do so within a period of five (5) days immediately following the date displaced. If such choice is not made within
five (5) days, they will be assigned to the appropriate extra board. Trainmen who are absent more than five (5) days when displaced, must
exercise seniority rights when reporting for duty. .
NOTE:
Trainmen assigned to an extra board in accordance with Sections 3 and 4, shall lose their displacement rights.
Section 5
If a trainman who has been away from his assignment for any reason, marks up for duty, or a trainman exercises seniority to an assignment
and does not work or go out on the assignment; the employee displaced shall, if available and provided he has not exercised seniority to and
worked on another assignment, continue to hold it until the employee displacing him actually performs service on the assignment, subject to
displacement by senior employees under the rules.
Section 6
If a trainman exercising displacement rights to an advertised vacancy does not submit a bid for such assignment, he shall again have
displacement rights when the advertised vacancy is awarded.
Section 7
Conductors or trainmen voluntarily leaving the service will forfeit all rights as such and Will not be reinstated as such.
Section 8
The seniority of any employee whose seniority in train or engine service is established after December 5, 1991 and who is furloughed for 365
consecutive days will be terminated if such employee has less than three (3) years of seniority.
NOTE:
Application of this Article 4 is subject to provisions of interchangeable rights agreements in effect.
Section 9
A. The promotion and assignment of conductors and brakemen shall be governed by ability and seniority, subject to their respective
schedules.
B. .All trainmen must accept promotion to conductor/foreman when offered by the Carrier. Once promoted, trainmen, including those already
promoted, will not be permitted to voluntarily relinquish conductor/foreman rights.
Existing rules and practices governing promotion continue in effect.
C. The term "brakemen" or "trainmen" as used in this article includes both road brakemen and yard switchmen.
Section 10
When the need arises for additional engineers, the Carrier will post a bulletin advising that trainmen, conductors, yardmen, and hostlers
interested in being considered for locomotive engineer training and eligible for consideration must so notify the appropriate Carrier officer in
writing. These bulletins will be posted for a period of 30 days.
Disapproved candidates will be advised in writing that they have not been approved, the reasons provided as to why they were not approved,
and the advice that they may reapply for consideration. .
The above procedures will also apply to train service employees hired prior to November 1, 1985, consistent with applicable national
agreements.
Section 11
The right to promotion shall be governed by seniority in service if competent.
Section 12
In the appointment of yardmasters, the senior yardman will in all cases be given full and unprejudiced consideration.
Section 13
Yardmen who have qualified as foreman and who so desire shall be given an opportunity to qualify for positions as yardmaster.
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