Article 45 Article 45
Article 45
Five Day Work Week
(National Agreements dated May 25, 1951 and October 4, 1955)
Section 1
A Effective December 1, 1955, each carrier, which has not theretofore done so, will establish for all classes or crafts of yard service
employees covered by this Article, subject to the exceptions contained therein, a work week of forty hours consisting of five consecutive
days of eight hours each with two days off in each seven, except as hereinafter provided. The foregoing work week Article is subject to all
other provisions of this Section.
B. Due to the necessity of changing existing assignments to conform to the reduced work week provided for in Section 1, the Carriers will,
prior to the effective date, post notices or bulletins as required by schedule, bulletin rules or practices in effect.
1. Railroads or portions thereof on which yard assignments are bulletined:
Listing the days off of regular assignments and advertising regular relief assignments.
2. On properties or portions thereof operating under the strict seniority or mark-up plan yard service employees shall select and be assigned
"days off" periods as provided for below:
(a) Listing regular assignments according to service requirements.
(b) After all known assignments for yard service employees have been posted, all yard service employees will be required to make seven
choices of their preferred "days off" period and the local chairman and local officers will cooperate in assigning the employees their “days
off” period in accordance with their seniority. After "days off" have been assigned yard service employees will exercise seniority on the days
of their work week in accordance with rules or practices in effect on individual properties or yards.
(c) After the "days off" periods have been assigned as referred to in Section 1 B 2 (b), "days off" periods assigned to individual employees
shall remain unchanged except when a vacancy occurs in a "days off" period, a new assignment is created, or when affected by a force
reduction. Employees exercising seniority to other "days off" periods will be governed by the provisions of Section 10 B.
(d) Extra men will be handled in accordance with Section 6.
3. The changes as enumerated in this Section have occurred.
4. After assignments as referred to in Section 1 B 1 and Section 1 B 2 (a) have been made changes thereafter shall be made in accordance
with schedule, bulletin rules or practices in effect.
Section 2
The term "work week" for regularly assigned employees shall mean a week beginning on the first day on which the assignment is bulletined
to work, and for extra or unassigned employees shall mean a period of seven consecutive days starting with Monday.
Section 3
A. When service is required by a carrier on days off of regular assignments it may be performed by other regular assignments, by regular
relief assignments, by a combination of regular and regular relief assignments, or by extra employees when not protected in the foregoing
manner. (This does not disturb rules or practices on roads involving the use of emergency men or unassigned employees.) Where regular
relief assignments are established, they shall, except as otherwise provided in this agreement, have five consecutive days of work,
designated days of service, and definite starting times on each shift within the time periods specified in the starting time rules. They may on
different days, however, have different starting times within the periods specified in the starting time rules, and have different points for going
on and off duty within the same seniority district which shall be the same as those of the employee or employees they are relieving, except
that in a seniority district having more than one extra board, such relief assignments as are established will be manned from the territory
allotted to a particular extra board.
B. Where regular relief assignments cannot be established for five consecutive days on the same shift within the time periods specified in
the starting time rules, as provided for in Section 3 A, such assignments may be established for five consecutive days with different starting
times on different shifts on different days, within the time periods specified in the starting time rules, and on different days may have different
points for going on and off duty in the same seniority district which shall be the same as those of the employee or employees they are
relieving, except that in a seniority district having more than one extra board, such relief assignments are as established will be manned from
the territory allotted to a particular extra board.
C. After the starting times and days of service have been established changes therein may be only in accordance with schedule or bulletin
rules.
D. Rules providing for assignments of crews "for a fixed period of time which shall be for the same hours daily" will be relaxed only to the
extent provided in A and B of this Section.
E. Regular relief assignments for yard crews will be established for the crew as a unit, except in yards operating under strict seniority or
markup rules. However, if an operational problem exists or arises which makes it impracticable to relieve regular or regular relief crews as a
unit, or if either of the parties on a property desires, the designated days off need not be the same for individual members of a crew.
Representatives of the carrier and of the employees will cooperate in designating days off of individual members of a crew.
NOTE: It is recognized in the application of the foregoing that the nature of the work on certain assignments will require that some member
or members of the crew have knowledge of the work of the assignment and that this will be considered one of the operational problems.
F. Except as otherwise provided for in this Section 3, regular relief assignments shall be established in conformity with rules in agreements
or practices in effect on individual properties governing starting times and bulletining of assignments, and when so established may be
changed thereafter only in accordance with schedule and bulletin rules.
Section 4
At points where it is not practicable to grant two consecutive days off in a work week to regularly assigned or regular relief employees,
agreements may be made on the individual properties to provide for the accumulation of days off over a period not to exceed five
consecutive weeks.
If the carrier contends it is not practicable to grant two consecutive days off to a regularly assigned or regular relief employee and that it is
necessary to establish non-consecutive days off, representatives of the carrier and representatives of the employees will confer and
endeavor to agree upon accumulation of days off or the establishment of non-consecutive days off. If such representatives fail to agree, the
carrier may nevertheless establish non-consecutive days off, subject to the right of the employee to process the dispute as a grievance or
claim under the rules agreements, and in such proceedings; the burden will be on the carrier to prove that it was not practicable to grant two
consecutive days off.
Section 5
On properties where men hold seniority in both road and yard service and work from common extra boards protecting both classes of
service, such extra boards will be separated except as otherwise provided in the Note following this Section. On these properties separate
extra boards covering road and yard service respectively will be established and regulated in accordance with applicable rules on the
individual properties consistent with service requirements. Employees on common extra boards which are separated will exercise their
choice to work on either the road or yard board in accordance with their seniority rights.
Employees selecting yard extra boards will remain on same for at least seven calendar days, except when cut off by reduction in force, when
required to protect their seniority as yardmasters, or when they bid in a regular assignment in yard service as hereinafter provided.
Regular or extra yard service employees bidding into road service, regular or extra, will not be permitted to work in road service other than
as provided in the following paragraphs until the expiration of their work week in yard service. Employees on the yard extra board bidding in
regular or regular relief assignments in yard service or employees on strict seniority or mark-up boards exercising seniority to different "days
off" periods will be governed by the provisions of Section 10 of this Article.
NOTE: Extra employees awarded "days off' are not eligible to be off on those days until awarded a position on a regular or a regular relief
assignment.
Employees selecting yard service under this Section will be considered as not available for road service during any work week except as
provide herein. Where one of the boards becomes exhausted, employees on the other board may be used for work ordinarily falling to men
off the exhausted extra board and will be considered as still attached to the board of their selection. Such employees will be compensated
for each tour of service on the basis of payments as provided for by rules in effect on the various properties covering service performed from
common extra boards.
Rules relating to the exercise of seniority will be relaxed to the extent necessary to comply with this Section.
NOTE: In instances where because of the limited amount of work involved separation of such boards is not practicable, the matter shall be
negotiated between representatives of employees and representatives of management on individual properties and reasonable
arrangements entered into looking to the maintenance of common boards.
Section 6
Extra or unassigned employees may work any five days in a work week and their days off need not be consecutive.
Section 7
A. In event a regular or regular relief job or assignment is annulled for one day or more, the yard service employee or employees holding the
job or assignment may exercise their seniority in accordance with rules in effect on the property.
B. Any yard service employee or employees who because of their seniority standing, or for other reasons, are unable to place themselves on
a regular job or assignment on the day or days their job or assignment is annulled, will revert to the extra board and be placed thereon, in
addition to the men then on the extra board in accordance with rules in effect on the property.
C. In event a regular or regular relief job or assignment is annulled for one day or more and any or all of the displaced yard service
employees are unable to displace an employee or employees with lesser seniority on such day or days, thereby being deprived of working
one or more of the five days of the job or assignment, such yard service employee or employees, if they so desire, shall be placed on the
extra board in addition to the men then on the board so as to be available for work on the sixth and/or seventh day of the work week to
provide them an opportunity to work five straight time shifts during the work week, provided: (1) that such yard service employees
endeavored to exercise their seniority as provided in paragraphs A and B of this Section, (2) that such yard service employees are used
from the extra board in accordance with rules in effect on the property and (3) that such service for the eight hours on such sixth and/or
seventh days will be paid for at straight time rates, until such employee or employees have worked five straight time shifts in that work week,
any service in excess of eight hours on such days to be paid for under the overtime rules.
Section 8
A. Existing rules which relate to the payment of daily overtime for regular yardmen and practices thereunder are not changed hereby and
shall be understood to apply to regular relief men, except that work performed by regular relief men on assignments which conform with the
provisions of Section 3 shall be paid for at the straight time rate.
B. Current overtime rules relating to extra yardmen are canceled as of the effective date of this agreement and the following will apply:
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.
The following is from Interpretation No. 1 to Supplement No. 25 to General Order No. 27:
Question 112 - What compensation should be allowed for additional service where a crew is regularly assigned to work 12:00 Midnight to 8:
00 AM. and (service performed not affected by exceptions outlined in this article):
NOTE: It is understood that crew worked from 12:00 Midnight to 8:00 AM. and was then released.
1. Is required to cover the third shift on the same day - 4:00 P.M. to 12:00 Midnight?
2. Is required in an emergency to work 8:30 AM. to 11:30 AM.?
3. Is required in an emergency to work 8:00 P.M. to 12:00 Midnight (four hours) on the same day?
4. Is given 48 hour' notice and assignment is moved up an hour, starting at 11:00 P.M. and being relieved at 7:00 AM. and consequently in
the 24-hour period works nine hours, but not more than eight hours on a shift?
Decision - -
1. Eight hours at time and one-half.
2. Eight hours at time and one-half.
3. Eight hours at time and one-half.
4. On account of complying with the 48-hour provision, which makes it permissible to change beginning time, crew only entitled to a
minimum day.
In the application of this article, the following shall govern:
(a) This article applies only to service paid on an hourly or daily and not to service paid on mileage or road basis.
(b) 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", as
used in this paragraph (b), shall not apply to employees paid road rates, but governed by yard rules.)
(c) Where an extra man 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 article, shall be considered as commencing for the individual employee at the time he started
to work on the last shift on which his basic day was paid for at the pro rata rate.
(d) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the pro rata rate for
the first eight hours of work following such change.
(e) Except as modified by other provisions of this Article, 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 man available to perform the work at pro rata rate.
NOTE 1: On railroads where a seniority board is in effect in cases where there is a man or men on such board available for work at the pro
rata rate, a senior man who on his seniority, to work two shifts, the second of which would otherwise, under the provisions of this article, be
paid at the overtime rate, shall be paid at the pro rata rate.
NOTE 2: The adoption of this article shall not affect any existing article in the schedule of any individual carrier relating to service performed
on a succeeding trick when an employee's relief fails to report at the fixed starting time.
B. Employees worked more than five straight time eight-hour shifts in yard service in a workweek shall be paid one and one-half times the
basic straight time rate for such excess work except:
1. Where days off are being accumulated under Section 4 of this Article;
2. When changing off where it is the practice to work alternately days and nights for certain periods;
3. When working through two shifts to change off;
4. Where exercising seniority rights from one assignment to another;
5. Where paid straight time rates under existing riles or practices for a second tour of duty in another grade or class of service.
In the event an additional day's pay at the straight time rate is paid to a yard service employee for other service performed or started during
the course of his regular tour of duty, such additional day will not be utilized in computing the five straight time eight-hour shifts referred to in
this Subsection B.
C. There shall be no overtime on overtime; neither shall overtime hours paid for, nor time paid for at straight time rate for work referred to in
subsection B of this Section, be utilized in computing the five straight time eight-hour shifts referred to in such subsection B of this Section,
nor shall time paid for in the nature of arbitraries or special allowances such as attending court, inquests, investigations, examination,
deadheading, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such
hours, or where such time is now included under existing rules in computations leading to overtime. Existing rules or, practices regarding the
basis of payment of arbitraries or special allowances such as attending court, inquests, investigations, examinations, deadheading, etc.,
also for calls, basic day, transfer time, stand-by time, and compensation therefore, preparatory time, starting time (except as otherwise
provided in Section 3) and similar rules are not affected by the provisions of this Article.
D. Any tour of duty in road service shall not be considered in any way in connection with the application of the provisions of this Article, nor
shall service under two agreements be combined in any manner in the application of this Article.
Section 9
Existing weekly or monthly guarantees producing more than five days per week shall be modified to provide for a guarantee of five days per
week. Nothing in this Article shall be construed to create a guarantee where none now exists.
Section 10
A All regular or regular relief assignments for yard service employees shall be for five (5) consecutive calendar days per week of not less
than eight (8) consecutive hours per day, except as otherwise provided in this Article.
B. An employee on a regular or regular relief assignment in yard service who takes another regular or regular relief assignment in yard
service, or selects another "days off" period on a strict seniority or mark-up board in yard service, will be permitted to go on the assignment
or "days off" period of his choice, and will take the conditions of that assignment or "days off" period, but will not be permitted to work more
than five (5) straight time eight-hour shifts, as referred to in subsection D of this Section, in the work week of the assignment or "days off"
period which he had at the time he made his choice; provided, however, that if the foregoing would not permit such employee to work one or
more days of the assignment of his choice, and if there is no extra man available who could be used to perform the work on those days, he
may be used to work those days at the straight time rate.
C. An employee on a yard extra board who takes a regular or regular relief assignment in yard service will be permitted to go on the
assignment of his choice and will take the conditions of that assignment.
An employee on a regular or regular relief assignment who goes on an extra board will take the conditions attached to the extra board, but
will not be permitted to work more than five straight time eight-hour shifts, as referred to in subsection D of this Section, in the work week
starting with the Monday in which the change is made.
D. Except as provided in this Section, employees, regular or extra, will not be permitted to work more than five straight time eight-hour shifts
in yard service (excluding the exceptions from the computations provided for in Section 8 B and C in a work week, unless the extra board
has been exhausted and the exigencies of the service require the use of additional men, in which event senior available employees in the
class in which the vacancy occurs shall be used in accordance with applicable rules or practices in effect on individual properties.
The yardmen's extra board will be considered exhausted when there are no extra men on the board with full rest (8 hours off duty). When the
extra board is exhausted regular yardmen with full rest (8 hours off duty) will be given preference in the order of their seniority subject to the
following provisions:
NOTE: Subject to the articles governing the exercise of seniority; a yardman displaced from his assignment and exercises his seniority to
another assignment, will be permitted to go on the assignment or "days off” period of his choice and will take the conditions of that
assignment or "days off" period, even though he may work more than five (5) straight time eight (8) hour shifts, without regard to the number
of straight time shifts worked prior to the time he made his choice. If more than five (5) straight time shifts are worked prior to the new "days
off, it is understood that straight time rates will apply thereto.
1. Yardmen on their regular assigned days off will be called and/or given preference in the filling of existing vacancies on the trick or group of
assignments to which they are assigned. If sufficient regular yardmen on the trick or group of assignments are not available or do not desire
to fill the existing vacancies, then the senior available yardmen with full rest (8 hours off duty) will be given the preference.
NOTE: Subsection 1 above which reads: "Yardmen on their regular assigned day off will be called and/or giver preference in the filling of
existing vacancies on the trick or group of assignments to which they are assigned." is interpreted as follows: a regular relief yardmen who
works on more than one group of assignments during his work week, will be classified in accordance with the group of assignments
contemplated by the first day of his work week he will be given preference in the filling of existing vacancies on the second trick or group of
assignments on his first assigned day off.
As an example under the exception noted above: A yardman coming from a swing shift on third trick at 6:30 AM., Wednesday, completing
his work week of five (5) days after having worked Friday, Saturday and Sunday on first trick, Monday on second trick and Tuesday on third
trick would be included in the second trick or group of assignments on his first assigned day off, Wednesday, and the first trick or group of
assignments on his second assigned day off, Thursday.
2. A regular yardman who accepts a call and is used to fill a vacancy will not be considered available for his regular assignment unless he
has full rest (8 hours off duty).
3. If there are no regular yardmen available under subsection A to fill the existing vacancies preference will be given yardmen to double from
other assignments as follows: The senior yardman, including extra men, available for (8) hours service after completing a previous
assignment coupling up with the starting time of the assignment on which the vacancy exists.
4. Regular yardmen who desire to be called for such extra work shall notify the General Yardmaster or other proper officer in writing. Such
notice may be canceled in writing only after the expiration of 30 days from the date thereof.
5. Yardmen shall be given preference of work under this Article with the understanding that acceptance of such work shall not be mandatory.
Section 11
A. Where reference is made in this Article to the term "yard service" it shall be understood to have reference to service performed by
employees governed by yard rules and yard conditions.
B. Section 3 E and Section 5 of this Article shall not apply to:
Car Retarder Operators
Hump Motor Car Operators (Chauffeurs)
Levermen
Switchtenders (sometimes classified as Switchmen)
C. None of the provisions of this Article relating to starting time shall be applicable to any classification of employees included within the
scope of this Article which is not now subject to starting time rules.
Section 12
Existing rules and practices, including those relating to the establishment of regular assignments, the establishment and regulation of extra
boards, the operation of working lists or "mark-up boards", etc., shall be changed or eliminated to conform to the provisions of this Article in
order to implement the operation of the reduced work week on a straight time basis.
Section 13
The parties hereto having in mind conditions which exist or may arise on individual carriers in the application of the five-day work week
agree that the duly authorized representative (General Chairman) of the employees party to this agreement, and the officer designated by
the carrier, may enter into additional written understandings to implement the purposes of this Article, provided that such understandings
shall not be inconsistent with this Article.
Section 14
Extra men will work first-in first-out on all vacancies, except where the rules give other men the right to fill them.
Extra men standing for an assignment under this Article must be available for eight hours' work.
INTERPRETATION
If an extra man is released from duty less than eight hours after going on duty, his position on the extra board shall be the same as though he
had worked eight hours.
NOTE: BELLEVUE YARD ONLY -
When extra men at Bellevue Yard have been called in their turn under the rule for a group of assignments, and thereafter, one or more of
such extra men called cannot fulfill his call due to sudden illness or death; car failure or highway accident; extreme weather conditions such
as excessive snow, ice or water. Also, in the event an extra man called in his turn fails to report for the assignment called for, or in the event
that a regular man fails to report for his regular assignment as required, such vacancies will be filled as follows:
When such vacancy or vacancies as heretofore enumerated are created, the first out qualified extra man left unplaced, after all extra men are
called for that group of assignments, shall be called and used in place of the man first called for that assignment. This shall not constitute a
runaround of any extra men who stood ahead of him at the time the vacancies were first filled.
The foregoing understanding effective January 1, 1964 will not apply to the filling of vacancies created after the assignments commence
work. Extra men thus called will be governed by the off duty time of the assignment.
Section 15
When a position of yard foreman is to be filled from the extra list, it shall not be considered a runaround of any non-qualified man who stood
on the extra list ahead of the qualified man who filled the position.
Section 16
Unless otherwise agreed to, when more than one extra man is called for the same assignment, seniority with respect to each other will
govern as to the position they will fill, if competent.
Section 17
In the application of this Article, and where division seniority applies, when a man is deadheaded to an outlying yard where an extra list is not
maintained he shall, subject to Articles 45 and 22, protect the vacancy or temporary position for which deadheaded until the regular
occupant returns.
Article 45
Five Day Work Week
(National Agreements dated May 25, 1951 and October 4, 1955)
Section 1
A Effective December 1, 1955, each carrier, which has not theretofore done so, will establish for all classes or crafts of yard service
employees covered by this Article, subject to the exceptions contained therein, a work week of forty hours consisting of five consecutive
days of eight hours each with two days off in each seven, except as hereinafter provided. The foregoing work week Article is subject to all
other provisions of this Section.
B. Due to the necessity of changing existing assignments to conform to the reduced work week provided for in Section 1, the Carriers will,
prior to the effective date, post notices or bulletins as required by schedule, bulletin rules or practices in effect.
1. Railroads or portions thereof on which yard assignments are bulletined:
Listing the days off of regular assignments and advertising regular relief assignments.
2. On properties or portions thereof operating under the strict seniority or mark-up plan yard service employees shall select and be assigned
"days off" periods as provided for below:
(a) Listing regular assignments according to service requirements.
(b) After all known assignments for yard service employees have been posted, all yard service employees will be required to make seven
choices of their preferred "days off" period and the local chairman and local officers will cooperate in assigning the employees their “days
off” period in accordance with their seniority. After "days off" have been assigned yard service employees will exercise seniority on the days
of their work week in accordance with rules or practices in effect on individual properties or yards.
(c) After the "days off" periods have been assigned as referred to in Section 1 B 2 (b), "days off" periods assigned to individual employees
shall remain unchanged except when a vacancy occurs in a "days off" period, a new assignment is created, or when affected by a force
reduction. Employees exercising seniority to other "days off" periods will be governed by the provisions of Section 10 B.
(d) Extra men will be handled in accordance with Section 6.
3. The changes as enumerated in this Section have occurred.
4. After assignments as referred to in Section 1 B 1 and Section 1 B 2 (a) have been made changes thereafter shall be made in accordance
with schedule, bulletin rules or practices in effect.
Section 2
The term "work week" for regularly assigned employees shall mean a week beginning on the first day on which the assignment is bulletined
to work, and for extra or unassigned employees shall mean a period of seven consecutive days starting with Monday.
Section 3
A. When service is required by a carrier on days off of regular assignments it may be performed by other regular assignments, by regular
relief assignments, by a combination of regular and regular relief assignments, or by extra employees when not protected in the foregoing
manner. (This does not disturb rules or practices on roads involving the use of emergency men or unassigned employees.) Where regular
relief assignments are established, they shall, except as otherwise provided in this agreement, have five consecutive days of work,
designated days of service, and definite starting times on each shift within the time periods specified in the starting time rules. They may on
different days, however, have different starting times within the periods specified in the starting time rules, and have different points for going
on and off duty within the same seniority district which shall be the same as those of the employee or employees they are relieving, except
that in a seniority district having more than one extra board, such relief assignments as are established will be manned from the territory
allotted to a particular extra board.
B. Where regular relief assignments cannot be established for five consecutive days on the same shift within the time periods specified in
the starting time rules, as provided for in Section 3 A, such assignments may be established for five consecutive days with different starting
times on different shifts on different days, within the time periods specified in the starting time rules, and on different days may have different
points for going on and off duty in the same seniority district which shall be the same as those of the employee or employees they are
relieving, except that in a seniority district having more than one extra board, such relief assignments are as established will be manned from
the territory allotted to a particular extra board.
C. After the starting times and days of service have been established changes therein may be only in accordance with schedule or bulletin
rules.
D. Rules providing for assignments of crews "for a fixed period of time which shall be for the same hours daily" will be relaxed only to the
extent provided in A and B of this Section.
E. Regular relief assignments for yard crews will be established for the crew as a unit, except in yards operating under strict seniority or
markup rules. However, if an operational problem exists or arises which makes it impracticable to relieve regular or regular relief crews as a
unit, or if either of the parties on a property desires, the designated days off need not be the same for individual members of a crew.
Representatives of the carrier and of the employees will cooperate in designating days off of individual members of a crew.
NOTE: It is recognized in the application of the foregoing that the nature of the work on certain assignments will require that some member
or members of the crew have knowledge of the work of the assignment and that this will be considered one of the operational problems.
F. Except as otherwise provided for in this Section 3, regular relief assignments shall be established in conformity with rules in agreements
or practices in effect on individual properties governing starting times and bulletining of assignments, and when so established may be
changed thereafter only in accordance with schedule and bulletin rules.
Section 4
At points where it is not practicable to grant two consecutive days off in a work week to regularly assigned or regular relief employees,
agreements may be made on the individual properties to provide for the accumulation of days off over a period not to exceed five
consecutive weeks.
If the carrier contends it is not practicable to grant two consecutive days off to a regularly assigned or regular relief employee and that it is
necessary to establish non-consecutive days off, representatives of the carrier and representatives of the employees will confer and
endeavor to agree upon accumulation of days off or the establishment of non-consecutive days off. If such representatives fail to agree, the
carrier may nevertheless establish non-consecutive days off, subject to the right of the employee to process the dispute as a grievance or
claim under the rules agreements, and in such proceedings; the burden will be on the carrier to prove that it was not practicable to grant two
consecutive days off.
Section 5
On properties where men hold seniority in both road and yard service and work from common extra boards protecting both classes of
service, such extra boards will be separated except as otherwise provided in the Note following this Section. On these properties separate
extra boards covering road and yard service respectively will be established and regulated in accordance with applicable rules on the
individual properties consistent with service requirements. Employees on common extra boards which are separated will exercise their
choice to work on either the road or yard board in accordance with their seniority rights.
Employees selecting yard extra boards will remain on same for at least seven calendar days, except when cut off by reduction in force, when
required to protect their seniority as yardmasters, or when they bid in a regular assignment in yard service as hereinafter provided.
Regular or extra yard service employees bidding into road service, regular or extra, will not be permitted to work in road service other than
as provided in the following paragraphs until the expiration of their work week in yard service. Employees on the yard extra board bidding in
regular or regular relief assignments in yard service or employees on strict seniority or mark-up boards exercising seniority to different "days
off" periods will be governed by the provisions of Section 10 of this Article.
NOTE: Extra employees awarded "days off' are not eligible to be off on those days until awarded a position on a regular or a regular relief
assignment.
Employees selecting yard service under this Section will be considered as not available for road service during any work week except as
provide herein. Where one of the boards becomes exhausted, employees on the other board may be used for work ordinarily falling to men
off the exhausted extra board and will be considered as still attached to the board of their selection. Such employees will be compensated
for each tour of service on the basis of payments as provided for by rules in effect on the various properties covering service performed from
common extra boards.
Rules relating to the exercise of seniority will be relaxed to the extent necessary to comply with this Section.
NOTE: In instances where because of the limited amount of work involved separation of such boards is not practicable, the matter shall be
negotiated between representatives of employees and representatives of management on individual properties and reasonable
arrangements entered into looking to the maintenance of common boards.
Section 6
Extra or unassigned employees may work any five days in a work week and their days off need not be consecutive.
Section 7
A. In event a regular or regular relief job or assignment is annulled for one day or more, the yard service employee or employees holding the
job or assignment may exercise their seniority in accordance with rules in effect on the property.
B. Any yard service employee or employees who because of their seniority standing, or for other reasons, are unable to place themselves on
a regular job or assignment on the day or days their job or assignment is annulled, will revert to the extra board and be placed thereon, in
addition to the men then on the extra board in accordance with rules in effect on the property.
C. In event a regular or regular relief job or assignment is annulled for one day or more and any or all of the displaced yard service
employees are unable to displace an employee or employees with lesser seniority on such day or days, thereby being deprived of working
one or more of the five days of the job or assignment, such yard service employee or employees, if they so desire, shall be placed on the
extra board in addition to the men then on the board so as to be available for work on the sixth and/or seventh day of the work week to
provide them an opportunity to work five straight time shifts during the work week, provided: (1) that such yard service employees
endeavored to exercise their seniority as provided in paragraphs A and B of this Section, (2) that such yard service employees are used
from the extra board in accordance with rules in effect on the property and (3) that such service for the eight hours on such sixth and/or
seventh days will be paid for at straight time rates, until such employee or employees have worked five straight time shifts in that work week,
any service in excess of eight hours on such days to be paid for under the overtime rules.
Section 8
A. Existing rules which relate to the payment of daily overtime for regular yardmen and practices thereunder are not changed hereby and
shall be understood to apply to regular relief men, except that work performed by regular relief men on assignments which conform with the
provisions of Section 3 shall be paid for at the straight time rate.
B. Current overtime rules relating to extra yardmen are canceled as of the effective date of this agreement and the following will apply:
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.
The following is from Interpretation No. 1 to Supplement No. 25 to General Order No. 27:
Question 112 - What compensation should be allowed for additional service where a crew is regularly assigned to work 12:00 Midnight to 8:
00 AM. and (service performed not affected by exceptions outlined in this article):
NOTE: It is understood that crew worked from 12:00 Midnight to 8:00 AM. and was then released.
1. Is required to cover the third shift on the same day - 4:00 P.M. to 12:00 Midnight?
2. Is required in an emergency to work 8:30 AM. to 11:30 AM.?
3. Is required in an emergency to work 8:00 P.M. to 12:00 Midnight (four hours) on the same day?
4. Is given 48 hour' notice and assignment is moved up an hour, starting at 11:00 P.M. and being relieved at 7:00 AM. and consequently in
the 24-hour period works nine hours, but not more than eight hours on a shift?
Decision - -
1. Eight hours at time and one-half.
2. Eight hours at time and one-half.
3. Eight hours at time and one-half.
4. On account of complying with the 48-hour provision, which makes it permissible to change beginning time, crew only entitled to a
minimum day.
In the application of this article, the following shall govern:
(a) This article applies only to service paid on an hourly or daily and not to service paid on mileage or road basis.
(b) 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", as
used in this paragraph (b), shall not apply to employees paid road rates, but governed by yard rules.)
(c) Where an extra man 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 article, shall be considered as commencing for the individual employee at the time he started
to work on the last shift on which his basic day was paid for at the pro rata rate.
(d) An extra man changing to a regular assignment or a regularly assigned man reverting to the extra list shall be paid at the pro rata rate for
the first eight hours of work following such change.
(e) Except as modified by other provisions of this Article, 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 man available to perform the work at pro rata rate.
NOTE 1: On railroads where a seniority board is in effect in cases where there is a man or men on such board available for work at the pro
rata rate, a senior man who on his seniority, to work two shifts, the second of which would otherwise, under the provisions of this article, be
paid at the overtime rate, shall be paid at the pro rata rate.
NOTE 2: The adoption of this article shall not affect any existing article in the schedule of any individual carrier relating to service performed
on a succeeding trick when an employee's relief fails to report at the fixed starting time.
B. Employees worked more than five straight time eight-hour shifts in yard service in a workweek shall be paid one and one-half times the
basic straight time rate for such excess work except:
1. Where days off are being accumulated under Section 4 of this Article;
2. When changing off where it is the practice to work alternately days and nights for certain periods;
3. When working through two shifts to change off;
4. Where exercising seniority rights from one assignment to another;
5. Where paid straight time rates under existing riles or practices for a second tour of duty in another grade or class of service.
In the event an additional day's pay at the straight time rate is paid to a yard service employee for other service performed or started during
the course of his regular tour of duty, such additional day will not be utilized in computing the five straight time eight-hour shifts referred to in
this Subsection B.
C. There shall be no overtime on overtime; neither shall overtime hours paid for, nor time paid for at straight time rate for work referred to in
subsection B of this Section, be utilized in computing the five straight time eight-hour shifts referred to in such subsection B of this Section,
nor shall time paid for in the nature of arbitraries or special allowances such as attending court, inquests, investigations, examination,
deadheading, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such
hours, or where such time is now included under existing rules in computations leading to overtime. Existing rules or, practices regarding the
basis of payment of arbitraries or special allowances such as attending court, inquests, investigations, examinations, deadheading, etc.,
also for calls, basic day, transfer time, stand-by time, and compensation therefore, preparatory time, starting time (except as otherwise
provided in Section 3) and similar rules are not affected by the provisions of this Article.
D. Any tour of duty in road service shall not be considered in any way in connection with the application of the provisions of this Article, nor
shall service under two agreements be combined in any manner in the application of this Article.
Section 9
Existing weekly or monthly guarantees producing more than five days per week shall be modified to provide for a guarantee of five days per
week. Nothing in this Article shall be construed to create a guarantee where none now exists.
Section 10
A All regular or regular relief assignments for yard service employees shall be for five (5) consecutive calendar days per week of not less
than eight (8) consecutive hours per day, except as otherwise provided in this Article.
B. An employee on a regular or regular relief assignment in yard service who takes another regular or regular relief assignment in yard
service, or selects another "days off" period on a strict seniority or mark-up board in yard service, will be permitted to go on the assignment
or "days off" period of his choice, and will take the conditions of that assignment or "days off" period, but will not be permitted to work more
than five (5) straight time eight-hour shifts, as referred to in subsection D of this Section, in the work week of the assignment or "days off"
period which he had at the time he made his choice; provided, however, that if the foregoing would not permit such employee to work one or
more days of the assignment of his choice, and if there is no extra man available who could be used to perform the work on those days, he
may be used to work those days at the straight time rate.
C. An employee on a yard extra board who takes a regular or regular relief assignment in yard service will be permitted to go on the
assignment of his choice and will take the conditions of that assignment.
An employee on a regular or regular relief assignment who goes on an extra board will take the conditions attached to the extra board, but
will not be permitted to work more than five straight time eight-hour shifts, as referred to in subsection D of this Section, in the work week
starting with the Monday in which the change is made.
D. Except as provided in this Section, employees, regular or extra, will not be permitted to work more than five straight time eight-hour shifts
in yard service (excluding the exceptions from the computations provided for in Section 8 B and C in a work week, unless the extra board
has been exhausted and the exigencies of the service require the use of additional men, in which event senior available employees in the
class in which the vacancy occurs shall be used in accordance with applicable rules or practices in effect on individual properties.
The yardmen's extra board will be considered exhausted when there are no extra men on the board with full rest (8 hours off duty). When the
extra board is exhausted regular yardmen with full rest (8 hours off duty) will be given preference in the order of their seniority subject to the
following provisions:
NOTE: Subject to the articles governing the exercise of seniority; a yardman displaced from his assignment and exercises his seniority to
another assignment, will be permitted to go on the assignment or "days off” period of his choice and will take the conditions of that
assignment or "days off" period, even though he may work more than five (5) straight time eight (8) hour shifts, without regard to the number
of straight time shifts worked prior to the time he made his choice. If more than five (5) straight time shifts are worked prior to the new "days
off, it is understood that straight time rates will apply thereto.
1. Yardmen on their regular assigned days off will be called and/or given preference in the filling of existing vacancies on the trick or group of
assignments to which they are assigned. If sufficient regular yardmen on the trick or group of assignments are not available or do not desire
to fill the existing vacancies, then the senior available yardmen with full rest (8 hours off duty) will be given the preference.
NOTE: Subsection 1 above which reads: "Yardmen on their regular assigned day off will be called and/or giver preference in the filling of
existing vacancies on the trick or group of assignments to which they are assigned." is interpreted as follows: a regular relief yardmen who
works on more than one group of assignments during his work week, will be classified in accordance with the group of assignments
contemplated by the first day of his work week he will be given preference in the filling of existing vacancies on the second trick or group of
assignments on his first assigned day off.
As an example under the exception noted above: A yardman coming from a swing shift on third trick at 6:30 AM., Wednesday, completing
his work week of five (5) days after having worked Friday, Saturday and Sunday on first trick, Monday on second trick and Tuesday on third
trick would be included in the second trick or group of assignments on his first assigned day off, Wednesday, and the first trick or group of
assignments on his second assigned day off, Thursday.
2. A regular yardman who accepts a call and is used to fill a vacancy will not be considered available for his regular assignment unless he
has full rest (8 hours off duty).
3. If there are no regular yardmen available under subsection A to fill the existing vacancies preference will be given yardmen to double from
other assignments as follows: The senior yardman, including extra men, available for (8) hours service after completing a previous
assignment coupling up with the starting time of the assignment on which the vacancy exists.
4. Regular yardmen who desire to be called for such extra work shall notify the General Yardmaster or other proper officer in writing. Such
notice may be canceled in writing only after the expiration of 30 days from the date thereof.
5. Yardmen shall be given preference of work under this Article with the understanding that acceptance of such work shall not be mandatory.
Section 11
A. Where reference is made in this Article to the term "yard service" it shall be understood to have reference to service performed by
employees governed by yard rules and yard conditions.
B. Section 3 E and Section 5 of this Article shall not apply to:
Car Retarder Operators
Hump Motor Car Operators (Chauffeurs)
Levermen
Switchtenders (sometimes classified as Switchmen)
C. None of the provisions of this Article relating to starting time shall be applicable to any classification of employees included within the
scope of this Article which is not now subject to starting time rules.
Section 12
Existing rules and practices, including those relating to the establishment of regular assignments, the establishment and regulation of extra
boards, the operation of working lists or "mark-up boards", etc., shall be changed or eliminated to conform to the provisions of this Article in
order to implement the operation of the reduced work week on a straight time basis.
Section 13
The parties hereto having in mind conditions which exist or may arise on individual carriers in the application of the five-day work week
agree that the duly authorized representative (General Chairman) of the employees party to this agreement, and the officer designated by
the carrier, may enter into additional written understandings to implement the purposes of this Article, provided that such understandings
shall not be inconsistent with this Article.
Section 14
Extra men will work first-in first-out on all vacancies, except where the rules give other men the right to fill them.
Extra men standing for an assignment under this Article must be available for eight hours' work.
INTERPRETATION
If an extra man is released from duty less than eight hours after going on duty, his position on the extra board shall be the same as though he
had worked eight hours.
NOTE: BELLEVUE YARD ONLY -
When extra men at Bellevue Yard have been called in their turn under the rule for a group of assignments, and thereafter, one or more of
such extra men called cannot fulfill his call due to sudden illness or death; car failure or highway accident; extreme weather conditions such
as excessive snow, ice or water. Also, in the event an extra man called in his turn fails to report for the assignment called for, or in the event
that a regular man fails to report for his regular assignment as required, such vacancies will be filled as follows:
When such vacancy or vacancies as heretofore enumerated are created, the first out qualified extra man left unplaced, after all extra men are
called for that group of assignments, shall be called and used in place of the man first called for that assignment. This shall not constitute a
runaround of any extra men who stood ahead of him at the time the vacancies were first filled.
The foregoing understanding effective January 1, 1964 will not apply to the filling of vacancies created after the assignments commence
work. Extra men thus called will be governed by the off duty time of the assignment.
Section 15
When a position of yard foreman is to be filled from the extra list, it shall not be considered a runaround of any non-qualified man who stood
on the extra list ahead of the qualified man who filled the position.
Section 16
Unless otherwise agreed to, when more than one extra man is called for the same assignment, seniority with respect to each other will
govern as to the position they will fill, if competent.
Section 17
In the application of this Article, and where division seniority applies, when a man is deadheaded to an outlying yard where an extra list is not
maintained he shall, subject to Articles 45 and 22, protect the vacancy or temporary position for which deadheaded until the regular
occupant returns.
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