Article 43 Article 43
Article 43
Application of Yard Service Seniority
(a) Subject to these articles, the right of yardmen to preference of work shall be governed by seniority in service if competent. Senior
yardmen shall have a fair opportunity to qualify for positions as yard conductor.
(b) When yardmen desire different assignments in their respective yards, such changes will be made only on the 1st and 16th days of the
month, and yardmen desiring such changes shall give the proper authority not less than 48 hours' notice prior to the starting time of the
assignment desired, except that this paragraph shall not prevent a yardman from exercising his seniority under the rules, rest period
permitting, at any time he is (1) displaced, or (2) when his position is abolished, or (3) when new regular assignment is established, or (4)
when a vacancy on existing assignment has been open for at least three days, or (5) within 48 hours after a position has been vacated, or (6)
when his assignment is laid in as provided in Article 44, Section 3.
Example- Man working on 7:00 a.m. assignment and desiring an 8:00 a.m. assignment, change to be made on the 16th day of the month,
will notify the proper authority in writing not later than 8:00 a.m. on the 14th, will work the 7:00 a.m. assignment on the 15th, and will take the
8:00 a.m. assignment on the 16th, provided his seniority permits.
An application from a yardman for the vacancy he has created by exercising seniority shall not be considered until the place is again
vacated, unless for any cause such yardman has been displaced or removed from the position to which he had exercised seniority, in which
event his application for the vacancy shall be considered.
INTERPRETATION
1. A yardman will be permitted to exercise his seniority:
(1) On the 1st and 16th of each month (by giving 48 hours' notice to the appropriate supervisor as provided).
(2) When displaced.
NOTE: At Fort Wayne a yardman who is displaced while on duty will exercise his seniority within 48 hours after completion of his tour of duty.
A Fort Wayne Yardman who is displaced after
completion of his tour of duty will exercise his seniority within 48 hours after being notified of his displacement.
At Fort Wayne a yardman who fails to exercise his seniority as provided in the preceding paragraph shall not be permitted to displace any
trainman his junior except as outlined in Article 43 (b).
(3) When his position is abolished.
(4) When new regular assignment is established.
(5) When a vacancy on an existing assignment has been open for at least three days.
(6) Within 48 hours after a position on an assignment has been vacated.
(7) When his assignment is laid in as provided in Article 44, Section 3.
It is understood that:
(a) At Erie, Conneaut, Cleveland, Bellevue, Madison, and on the Sandusky and Peoria Divisions, displacement or bid will be made to
specific position;
(b) At Buffalo, Fostoria, Delphos, Frankfort, and on the Indianapolis and New Castle Divisions, displacement or bid will be made to foreman
or helper position;
(c) At Fort Wayne, Kokomo (Clover Leaf District), Marion, Toledo and Charleston, displacement or bid will be made to the assignment.
When a yardman exercises seniority to helper position under (b) above, or to an assignment of his choice under (c) above, he will displace
his immediate junior in seniority on the assignment. Seniority permitting, the man displaced may remain on the assignment and he will make
his choice known as to whether or not he will remain on the assignment when notified of his displacement.
At locations where yardmen exercise seniority to an assignment of their choice under (c) above, seniority shall govern in the choice of
positions prior to the time the assignment actually commences to perform service, and men on the assignment will place themselves
accordingly with the understanding that one qualified man on the assignment will take the foreman's position. The choice of positions will
again be open if a relief man is called out after the assignment commences to perform service.
2. When seniority is exercised as outlined in Item 1 of this interpretation, yardmen will be entitled to remain on the assignment selected until
displaced under the rules or position is abolished.
3. When exercising seniority on the 1st or 16th of the month, or when position is abolished, or when new regular assignment is established,
or when a vacancy on an existing assignment has been open for at least three days, yardmen will make their bids in writing.
4. When a yardman who has been off returns to work he must take his former position except that (1) if his position bas been taken under the
rules by a senior man in his absence, or (2) if his absence included the last 48-hour notice period provided for in Yard Article 43 (b) and/or
the advertising period provided for in Article 44, he may exercise his seniority when he reports for work and provided that nothing herein
shall interfere with the exercise of his seniority rights as otherwise prescribed in the rules. The provisions of this paragraph shall also apply
when a yardman has been away from his regular position working another position.
5. Yardmen who have been laying off and report for duty must mark up not later than 3:00 a.m. for the first trick, 11:00 a.m. for the second
trick, and 7:00 p.m. for the third trick on the day that they desire to go to work.
6. When a yardman's assignment is laid in as provided for in Article 44, Section 3 and he exercises his seniority temporarily to some other
position, this article is interpreted to mean that such exercise of seniority will be only for the duration of time that his regular assignment is
laid in. In order to return to work on his original assignment he must have had his legal rest. The provisions of this paragraph shall also apply
to other yardmen affected.
7. If a yardman who has been away from his assignment for any reason (including days off as a result of the Five Day Work Week) reports
for duty or exercises seniority to an assignment and does not work or go out on the assignment, the man displaced shall be notified and, if
and when available, may continue to hold it until the man displacing him actually performs service, subject to displacement by senior men
under these rules.
When a yardman regularly assigned to an outlying yard where no extra board is maintained lays off, he will not be permitted to resume his
place unless he marks up within eight hours after the assigned starting time of his assignment. The extra man filling the vacancy during the
absence of the regular man shall be notified promptly that he is being relieved from protecting the vacancy further.
Article 43
Application of Yard Service Seniority
(a) Subject to these articles, the right of yardmen to preference of work shall be governed by seniority in service if competent. Senior
yardmen shall have a fair opportunity to qualify for positions as yard conductor.
(b) When yardmen desire different assignments in their respective yards, such changes will be made only on the 1st and 16th days of the
month, and yardmen desiring such changes shall give the proper authority not less than 48 hours' notice prior to the starting time of the
assignment desired, except that this paragraph shall not prevent a yardman from exercising his seniority under the rules, rest period
permitting, at any time he is (1) displaced, or (2) when his position is abolished, or (3) when new regular assignment is established, or (4)
when a vacancy on existing assignment has been open for at least three days, or (5) within 48 hours after a position has been vacated, or (6)
when his assignment is laid in as provided in Article 44, Section 3.
Example- Man working on 7:00 a.m. assignment and desiring an 8:00 a.m. assignment, change to be made on the 16th day of the month,
will notify the proper authority in writing not later than 8:00 a.m. on the 14th, will work the 7:00 a.m. assignment on the 15th, and will take the
8:00 a.m. assignment on the 16th, provided his seniority permits.
An application from a yardman for the vacancy he has created by exercising seniority shall not be considered until the place is again
vacated, unless for any cause such yardman has been displaced or removed from the position to which he had exercised seniority, in which
event his application for the vacancy shall be considered.
INTERPRETATION
1. A yardman will be permitted to exercise his seniority:
(1) On the 1st and 16th of each month (by giving 48 hours' notice to the appropriate supervisor as provided).
(2) When displaced.
NOTE: At Fort Wayne a yardman who is displaced while on duty will exercise his seniority within 48 hours after completion of his tour of duty.
A Fort Wayne Yardman who is displaced after
completion of his tour of duty will exercise his seniority within 48 hours after being notified of his displacement.
At Fort Wayne a yardman who fails to exercise his seniority as provided in the preceding paragraph shall not be permitted to displace any
trainman his junior except as outlined in Article 43 (b).
(3) When his position is abolished.
(4) When new regular assignment is established.
(5) When a vacancy on an existing assignment has been open for at least three days.
(6) Within 48 hours after a position on an assignment has been vacated.
(7) When his assignment is laid in as provided in Article 44, Section 3.
It is understood that:
(a) At Erie, Conneaut, Cleveland, Bellevue, Madison, and on the Sandusky and Peoria Divisions, displacement or bid will be made to
specific position;
(b) At Buffalo, Fostoria, Delphos, Frankfort, and on the Indianapolis and New Castle Divisions, displacement or bid will be made to foreman
or helper position;
(c) At Fort Wayne, Kokomo (Clover Leaf District), Marion, Toledo and Charleston, displacement or bid will be made to the assignment.
When a yardman exercises seniority to helper position under (b) above, or to an assignment of his choice under (c) above, he will displace
his immediate junior in seniority on the assignment. Seniority permitting, the man displaced may remain on the assignment and he will make
his choice known as to whether or not he will remain on the assignment when notified of his displacement.
At locations where yardmen exercise seniority to an assignment of their choice under (c) above, seniority shall govern in the choice of
positions prior to the time the assignment actually commences to perform service, and men on the assignment will place themselves
accordingly with the understanding that one qualified man on the assignment will take the foreman's position. The choice of positions will
again be open if a relief man is called out after the assignment commences to perform service.
2. When seniority is exercised as outlined in Item 1 of this interpretation, yardmen will be entitled to remain on the assignment selected until
displaced under the rules or position is abolished.
3. When exercising seniority on the 1st or 16th of the month, or when position is abolished, or when new regular assignment is established,
or when a vacancy on an existing assignment has been open for at least three days, yardmen will make their bids in writing.
4. When a yardman who has been off returns to work he must take his former position except that (1) if his position bas been taken under the
rules by a senior man in his absence, or (2) if his absence included the last 48-hour notice period provided for in Yard Article 43 (b) and/or
the advertising period provided for in Article 44, he may exercise his seniority when he reports for work and provided that nothing herein
shall interfere with the exercise of his seniority rights as otherwise prescribed in the rules. The provisions of this paragraph shall also apply
when a yardman has been away from his regular position working another position.
5. Yardmen who have been laying off and report for duty must mark up not later than 3:00 a.m. for the first trick, 11:00 a.m. for the second
trick, and 7:00 p.m. for the third trick on the day that they desire to go to work.
6. When a yardman's assignment is laid in as provided for in Article 44, Section 3 and he exercises his seniority temporarily to some other
position, this article is interpreted to mean that such exercise of seniority will be only for the duration of time that his regular assignment is
laid in. In order to return to work on his original assignment he must have had his legal rest. The provisions of this paragraph shall also apply
to other yardmen affected.
7. If a yardman who has been away from his assignment for any reason (including days off as a result of the Five Day Work Week) reports
for duty or exercises seniority to an assignment and does not work or go out on the assignment, the man displaced shall be notified and, if
and when available, may continue to hold it until the man displacing him actually performs service, subject to displacement by senior men
under these rules.
When a yardman regularly assigned to an outlying yard where no extra board is maintained lays off, he will not be permitted to resume his
place unless he marks up within eight hours after the assigned starting time of his assignment. The extra man filling the vacancy during the
absence of the regular man shall be notified promptly that he is being relieved from protecting the vacancy further.
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