MEMORANDUM OF AGREEMENT
(ST. Louis-Springfield, Springfield-Tulsa,
Tulsa-Sherman,
and Tulsa-Ft. Scott, ID Service)
IT IS AGREED:
The parties signatory hereto
are agreeable, in accordance with the provisions of Article VIII of the
NOTE: As used in this
Agreement, the term Interdivisional Service includes interdivisional,
interseniority district, intradivisional and/or intraseniority district service.
Interdivisional through
freight service may be operated in through freight (subject to the application
of the conversion rule) and unassigned service on the territory between St.
Louis and Springfield, Missouri (both directions); between Springfield,
Missouri, and Tulsa, Oklahoma (both directions); between Tulsa, Oklahoma, and
Sherman, Texas (both directions); and/or between Ft. Scott, Kansas, and Tulsa,
Oklahoma (both directions).
(a) Interdivisional through
freight service on these territories, shall be protected by “Long Pool Crews, “
assigned solely to the protection of such interdivisional service but otherwise
covered by existing agreements and understandings (including mileage regulation
agreements) except as otherwise contained in this Agreement.
Separate “Short Pool Crew”
assigned solely to any one of the subdivisions in these 4 territories may also
be maintained if there is sufficient mileage (as determined under mileage
regulation agreements and understandings), and such “Short Pool Crews” will
rotate among themselves, separated entirely from the “Long Pool Crews.” Where “Short Pool Crews” are not maintained,
or where maintained but not available, service that is to be performed entirely
on one subdivision (i.e., not interdivisional) shall be protected by crews made
up of extra men.
Newburg, Monett, Francis,
and
(a) Actual miles to be run
in interdivisional service between
The actual mileage between
The actual mileage between
The actual mileage between
4. (a) Except as otherwise
provided in this Agreement, crews in interdivisional service on the St.
Louis-Springfield territory (Rolla and Lebanon Subdivisions), on the
Tulsa-Sherman territory (Creek and Sherman Subdivisions), and on the Ft.
Scott-Tulsa territory (Afton and Cherokee Subdivisions) will be alternated on a
1-on-1 basis (e.g., 1 Rolla crew, then 1 Lebanon crew, then 1 Rolla crew, etc.)
out of both terminals of each territory (or on a 2-on-2 basis if the General
Chairman or his representative and the proper Carrier officer agree). It is recognized that crews may have to be
used out of turn when a crew (whose turn it is) is not rested, but when this is
necessary, an off-setting adjustment (in number of crews from the unrested
crew’s district) in the alternation of the crews will be made as soon as rested
crews are available) in order to restore the balance.
The proration of train
mileage on each of the above-mentioned 3 interdivisional territories shall be
equalized when the accumulation of mileage (at the rate of 5 train miles for
each on-way trip by a Rolla crew on the St. Louis-Springfield territory, 8
train miles for each one-way trip by a Sherman crew on the Tulsa Sherman
territory, and 10 train miles for each one-way trip by a Cherokee crew on the
Ft. Scott-Tulsa territory) equals 3500 train miles. When 3500 miles are thus accumulated, the
junior interdivisional pool crew on the shortest district of the territory
(Rolla, Sherman, and Cherokee, respectively) will be bulletined to employees on
the longest district (Lebanon, Creek and Afton, respectively) but the assigned employees
will remain on the assignment during the bulletining period and, thereafter,
until (and unless) displaced by a new assignee. If there are any bids from employees holding
seniority as of the date of this Agreement, the senior bidder will be assigned
to work off the accumulated train mileage.
Employees establishing seniority after the date of this Agreement shall
not have any rights to permanent or 6-day vacancies on these equalization
assignments. If there are no bids, the
3,500 train mile accumulation will be considered to be waived except that a
displaced employee (with seniority as of the date of this Agreement) may
subsequently bump onto the assignment for whatever remains of the
equalization. During the time that an employee
is working on an equalization crew on other than his own district, under the
foregoing provision, he will be treated as though he was an employee of that
other seniority district.
(c) Except as otherwise
provided in this Agreement, crews in interdivisional service on the
Springfield-Tulsa territory (Springfield and Cherokee Subdivisions) will be
alternated on the basis of 3 Cherokee crews to 1 Springfield crew, then 4
Cherokee crews to 1 Springfield crew, and then 3 Cherokee crews to 1
Springfield crew, etc., out of both terminals of the territory. It is recognized that crews may have to be
used out of turn when a crew (whose turn it is) is not rested, but when this is
necessary, an offsetting adjustment (in number of crews from the unrested
crew’s district) 9in the alternation of the crews will be made (as soon as
rested crews are available) to restore the balance. No accumulation of mileage will be necessary
of required on this interdivisional territory.
(a) Total trip miles, both
working and deadheading, will be treated as equals in the equalization.
(b) After each payroll
period, the Carrier will furnish a statement showing the trips commenced by crews
in each interdivisional service operation during that payroll period and the
accumulated mileage (as contemplated by Section 4(b) hereof). Copy of these statements will be furnished to
the Local Chairman involved and the General Chairman. The above statements will be used as the
basis for determining whether or not the proper rotation and/or equalization is
being maintained. If the report
indicates that it is not, the proper adjustment will be made.
Engineers in interdivisional
service shall continue to have the same home terminal that is now the home
terminal for pool service on their respective (seniority district) subdivision,
except as otherwise provided in Section 4(b), above.
Engineers will not acquire
seniority on the other seniority district,
account having worked over
another seniority district in interdivisional service.
The provisions of the M/A
signed
7. (a) When a crew in
interdivisional service is called, reports for duty, and is not used, they will
be allowed 50 miles and stand first out, but if held more than 4 hours, they
will be allowed 100 miles and stand first out.
If a call is canceled before the employee leaves his residence or (away
from home) lodging facility, the foregoing sentence (and payments) do not
apply. If “runaround” account not
rested, such crew will not be due additional pay but will be restored to their
same relative position on the pool board at their home terminal at first
opportunity, provided they give written notification to the Caller.
Interdivisional crews who
perform some service but who are released before leaving their initial terminal
will be paid 100 miles at through freight rate and be restored to the first-out
position. They will not be called again
until they are rested and it is recognized that other crew(s) may be called
around them without penalty while they are resting.
NOTE: The provisions of
Paragraphs (a) and (b), above, do not apply to individual extra men when the
call and release occurs at their extra board terminal but, instead, such extra
men will be handled (and paid) in accordance with applicable system Agreement
rules.
An interdivisional crew will
not be considered “run around” when the runaround is because of equalization,
rest or other reasons specified in this Agreement.
Interdivisional Engineers
shall, upon written request, be restored to proper turn at the next terminal if
possible (if not possible there, they may file written request upon return to
home terminal), if they do not tied up at a terminal in the same order that
they were called at the home terminal.
Interdivisional crews will not be exchanged in a terminal to avoid
runaround and when such a “runaround” does occur, no penalty payment is
due. (Exception: The Carrier may exchange the crews when, in
its judgment, the first crew called is being delayed to the extent that further
delay may jeopardize their availability, under the law, to complete the run to
their destination terminal.) Thus an
interdivisional Engineer “runaround” at the initial terminal (account of a
following crew preceding him out of the terminal, being called and released, or
called and not used), on line of road or at the final terminal will be restored
to proper turn if he advises the Caller, in writing, within 1 hour after he
registers off duty (or registers his arrival, when deadheading).
8. An interdivisional crew,
at its away-from-home terminal, may be called
to deadhead at any time
after their arrival, regardless of their standing in relation to at-home crews
and the normal crew rotation, except they must be called first-in/first-out in
relation to other crews from the same seniority district. When 2 away-from-home interdivisional crews
are to be called for the same train (one to work and one to deadhead), if one
of the crews is not rested and the other one is rested, the rested crew will
work the train and the unrested crew will deadhead.
9. (a) Extra men will
protect vacancies on the interdivisional crews of their own seniority district
and the employees assigned to these crews will lay off and report at the crew’s
home terminal (and extra board point), except in cases of sickness. If a regular man lays off account sickness at
the away-from-home terminal and there insufficient time to deadhead an extra
man (without pay) by train to protect the vacancy, an extra man at the vacancy
point shall protect the vacancy and then be deadheaded back to his home extra
board point with deadhead pay.
Crews composed of extra men
will be used when assigned interdivisional crews are not available to protect
the service. The use of such extra crews
will be done, as far as practical, in a manner that will assist in arriving at
the desired equalization between the seniority districts. When such extra crews are used, they will be
work in the same manner as an assigned interdivisional crew until they return
to the home terminal.
Emergency Engineers who are
assigned to interdivisional service as Firemen, will not be used as Emergency
Engineer in other than interdivisional service if there is any other qualified employee
available for such service. If it is
necessary to use an Emergency Engineer to protect a vacancy on an assigned
interdivisional crew, the senior available Emergency Engineer who is assigned
as interdivisional Fireman will be used.
For purposes of this paragraph, an Engineer who is regularly assigned in
other than interdivisional service, will not be considered to be an “employee
available for such service.”
10. (a) Pool crews that are
called to operate solely on one division or between exiting district terminals
of that one subdivision shall be a Short Pool Crew from that seniority
district. If Short Pools are not
maintained, or where maintained but not available, a “bum” crew made up of
extra men from that subdivision will be called and used.
Except as otherwise provided
in this Section, all unassigned work train (which includes wrecker) service on
interdivisional territory will be protected by Short Pool Crews, if maintained
and available, but otherwise by “bum” crews composed of extra men from that
subdivision.
Crews on interdivisional
runs may be used en route to perform miscellaneous work train service for which
an arbitrary allowance is paid. They
will not be used in other wrecker or work train service, except as provided in
this Agreement.
A crew in interdivisional
service may handle the wrecker provided the wrecker is to be handled through a
former away-from-home terminal. When the
wrecker is handled by a crew in interdivisional service, such crew will be
relieved by a Short Pool Crew (or “bum” crew) at end of tour of duty if another
crew is required. The crew in
interdivisional service that handled the wrecker will not be turned back to its
originating terminal but will work or deadhead to the opposite terminal. When the wrecker is released, it may be
returned to its assigned terminal (if interdivisional service) by using an
interdivisional crew called to work or deadhead to the wrecker and return it
(deadheading and working to be in one and the same direction) to its assigned
terminal.
Except when required by law, crews called in
interdivisional service will not be tied up between terminals of their runs or
turned back to initial terminal, except when their movement is prevented (e.g.,
engine failure and derailment of their train) or their route to destination is
obstructed or impassable (e.g., wrecks and washouts). Such crews tied up under the Hours of Service
Act (as amended) will be towed or deadheaded to the destination terminal as
soon as possible, except that when their train’s movement is prevented or their
route is obstructed or impassable, they may be required to handle train to
destination.
If a relief crew is to be
used and the tie-up (as provided above) occurred before the interdivisional
crew traversed the initial subdivision, the relief crew shall be a Long Pool
Crew called in interdivisional service out of the originating terminal. If the tie-up occurred after the
interdivisional crew traversed the initial subdivision, the relief crew shall
be a Short Pool Crew from the seniority district on which the tie-up occurs. If Short Pools are not maintained, or where
maintained but not available, a “bum” crew made up of extra men will be called
and used. This provision shall not
prevent the Carrier from having crews exchange or consolidate trains en
route.
Existing pay rules relating
to tied up en route and towed or deadheaded into terminal shall apply.
11. Crews or individuals
deadheading in interdivisional service will be paid under present agreement
rules, except that all deadhead mileage over 100 miles will be paid at the
deadhead rate established for the first 100 miles.
12. When a crew in
interdivisional service is involved in an occurrence in regard to which a
disciplinary investigation is held, the Carrier may hold the investigation at
other than the crew’s home terminal but in such event will allow deadhead pay
to and from the point at which the investigation is conducted, regardless of
whether or not the individuals are held to be responsible for the occurrence
(i.e., issued discipline). In such
event, the Carrier will also furnish or arrange for train or passenger vehicle
transportation to and from the investigation point. If required to remain overnight at the
investigation point, the crew will be permitted to obtain lodging at the
designated facility at Carrier expense, and in such event, will also be
entitled to reasonable meal expense (supported by receipts) actually incurred
at the investigation point. Compensation
for time lost or time for attending the investigation will be determined under
existing agreement rules; provided, however, that deadhead pay for going to and
from the investigation and pay for attending the investigation, shall be
included in computing loss of earnings.
13. The conditions and
provisions contained in the May 13, 1971 National Agreement shall apply,
including but not limited to Article VIII, Section 1. In connection with Section 1(d) thereof, the
Carrier will notify a Long Pool Crew when they are called (for service or
deadhead) if it is intended that they will stop to eat en route; otherwise,
they are to understand that they will run through without stopping to eat and
will be entitled to the $1.50 allowance.
14. Lodging will be
furnished at the existing agreed upon facilities when interdivisional crews are
tied up at other than their home terminal, under the provisions of existing
agreements.
Upon request of a General
Chairman or the Director of Labor Relations (other representatives may later be
designated by mutual understanding), conference will be held immediately in
regard to the rotation of the Long Pool Crews or equalization of mileage so as
to avoid an undue accumulation of mileage by crews of one seniority district
and to otherwise provide for the orderly equalization of mileage.
16. (a) Any (separately or
collectively) of these interdivisional service operations not now being operated
may be inaugurated upon 15 days’ advance written notice by the Carrier. The crews that are to protect interdivisional
service (and the Short Pool Crews, if any are to be initially established) will
be bulletined (or rebulletined, for existing pool crews) prior to the
inauguration of such service so that assignments are effective the day before
such service is to be inaugurated.
(b) An Engineer-Pilot will
be furnished only to Long Pool Crews initially assigned to protect
interdivisional service, for that portion of the run that is not on their
seniority district, until the Engineer on the crew has made 2 round trips, as
Engineer and/or as Fireman. The Carrier
may, if it desires, work the Engineer-Pilots through to the crews’ destination
on a continuous miles or hours basis.
In the event an Engineer who
is in service on the date this interseniorty district service is begun is
required to “learn” that portion of the road which is not on his seniority
district as a condition to his taking assignment on an interdivisional crew or
an extra board protecting same, he shall be paid for time spent in such
“learning the road” the same as if he were working.
17. “Crews,” as used herein,
is intended to apply only to the Engineer on the crew.
This Agreement cancels and
supersedes any other Agreement previously made in connection with
interdivisional service on these 4 territories, except the May 13, 1971
National Agreement, the Award of Arbitration Board No. 323 and the
Signed at
FOR: ST. LOUIS-SAN FRANCISCO
RAILWAY COMPANY
BY: (signed) J. J. Ratcliff
Director
of Labor Relations
FOR: BROTHERHOOD OF
LOCOMOTIVE ENGINEERS
BY: (signed) R. E. Dean
General
Chairman