MEMORANDUM OF AGREEMENT
(Amory Interdivisional Service)
IT IS AGREED:
The parties’ signatories 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.
1. Interdivisional through freight service may be operated
(subject to the application of the conversion rule) on the territory between
2. (a) Interdivisional through freight service on this
Memphis-Birmingham territory shall be protected by separate “Long Pool Crews”,
with home terminals at
(b) Separate “Short Pool Crew” assigned solely to any one of the two seniority districts (i.e., Memphis-Amory and Birmingham-Amory) in this territory 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 seniority district (i.e., not interdivisional) except as otherwise provided herein shall be protected by crews made up of extra men.
(c)
2. Actual miles to be run in interdivisional service between
4. (a) Except as otherwise provided in this Agreement, crews in interdivisional service on this territory will be alternated on a 1-on-1 basis (e.g., 1 Tupelo crew, then 1 Birmingham crew, then 1 Tupelo crew, etc.) out of both terminals of this territory (or on a 2-on-2 basis if the General Chairman or his representative and the proper local 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 offsetting 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.
(b) The proration of train mileage on this territory shall
be equalized when the accumulation of mileage (at the rate of 5 train miles for
each one-way trip by a
(c) Any Engineer who bids in and is assigned to an equalization assignment will be furnished lodging at Carrier expense at the home terminal of the equalization assignment instead of at the away-from-home terminal of the equalization assignment. This provision is intended as the only exception to the provisions of the last sentence of Section 4(b).
5. (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 this 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 Chairmen 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.
(c) Employees 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, except as otherwise provided in this Agreement. Employees will not acquire seniority on the other seniority district, account having worked over another seniority district in interdivisional service.
(d) Employees will not acquire seniority on the other seniority district, account having worked over another seniority district in interdivisional service.
6. The provisions of the Memorandums of Agreement signed
7. (a) When an Engineer in interdivisional service is called, reports for duty, and is not used, he will be allowed 50 miles and stand first out, but if held more than 4 hours, he 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) does not apply. If “runaround” account not rested, that Engineer will not be due additional pay but will be entitled to the restoration-of-turn provision contained in Paragraph (d), below.
(b) An Engineer on an interdivisional crew that performs some service but who is released before leaving his initial terminal, will be paid 100 miles at through freight rate and be restored to the first-out position. He will not be called again until he is rested and it is recognized that other crew(s) may be called around his without penalty while he is resting.
NOTE: The provisions of Paragraphs (a) and (b), above, do not apply to individual Extra Engineers when the call and release occurs at their Extra Board terminal; but, instead, such Extra Engineers will be handled (and paid) in accordance with applicable system agreement rules.
(c) An interdivisional crew will not be considered “runaround” when the runaround is because of equalization, rest or other reasons specified in this Agreement.
(d) 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 need 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, it is judgment, the first crew called is being delayed to the extent that further delay may jeopardize their availability, under the lay, to complete the run to their destination terminal.) Thus an interdivisional Engineer “runaround” at the initial terminal (account of a following crew preceding them 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 one hour after he registers off duty (or registers his arrival when deadheading).
8. An interdivisional crew, at their 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 two 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 or other personal emergency. If a regular man lays off account sickness or other personal emergency at the away-from-home terminal and there is 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.
(b) 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 worked in the same manner as an assigned interdivisional crew until they return to their home terminal.
(c) Emergency Engineers who are assigned to interdivisional service as Firemen will not be used as Emergency Engineer in other than interdivisional service if thee 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 to other than interdivisional service will not be considered to be an employee available for such service.”
10. (a) Except as otherwise provided herein, pool crews that are called to operate solely on one seniority district, or between existing district terminals of that seniority district, shall be “Short Pool Crews” from that seniority district (as presently constituted). If “Short Pools” are not maintained, or where maintained but not available, a “bum” crew made up of extra men from that seniority district will be called and used.
(b) 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 seniority district.
(c) 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.
(d) A crew in interdivisional service may handle the wrecker provided the wrecker is to be handled through Amory. 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.
(e) Except when required by law, interdivisional pool 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 trains), their route to destination is obstructed or impassable (e.g., wrecks and washouts), or when they are relieved where it becomes apparent that they have insufficient time (under the Hours of Service Act and agreement rule) to complete their run. If the crew is returned to their initial terminal for these reasons, they shall be paid continuous miles for the trip terminal-until-return (but not less than the straightaway mileage terminal-to-terminal) or hours, and the crew shall be restored to first-out position (available after rested). Subject to the foregoing exceptions, interdivisional pool crews will not be tied up en route or turned back to their initial terminal. Interdivisional pool crews tied up under that law will be towed or deadheaded back to their initial terminal or on to their final terminal, as soon as possible except that when such crews are tied up en route because their train’s movement is prevented or their route is obstructed or impassable, they may be required to take rest and then handle their train to their original destination.
(f) If the relief crew is to be used and the tie-up (as provided above) occurred before the interdivisional crew passed through Amory, 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 passed through Amory, 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.
(g) Existing pay rules relating to the crew that is tied up en route, and then 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. (a) The conditions and provisions contained in the May 13, 1971 National Agreement shall apply to this interdivisional operation, including those provisions which are not Article 9, Section A (2), (3) and (4) of the current schedule agreement
(b) In order to expedite the movement of interdivisional pool crews, Engineers on runs of 100 miles or less will not stop to eat except in cases of emergency or unusual delays. For Engineers on runs of more than 100 miles, the Carrier shall determine the conditions under which such Engineers may stop to eat. Engineers on runs of more than 100 miles who are not permitted to eat shall be paid an allowance of $1.50 for the trip.
In the application of the above paragraph, 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. (a) Existing overtime rules, insofar as they apply to Engineers in interdivisional pool crew service, are revised to read as follows:
On interdivisional runs of 200 miles or less, overtime will begin at the expiration of 8 hours. On runs of over 200 miles, overtime will begin when the time on duty exceeds the miles run divided by 25 or, in any case, when on duty in excess of 10 hours. Overtime will be paid for on the minute basis at 3/16ths of the daily rate per hour according to class of engine or power used.
(b) Existing agreements concerning “Initial Terminal Delay-Freight, insofar as they apply to Engineers in interdivisional pool crew service, are revised to read as follows:
Initial terminal delay shall be paid on a minute basis to employees in through-freight service after 30 minutes unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the terminal, at 1/8th of the basic daily rate, according to the class of engine used, in additional to the full mileage, with the understanding that the actual time consumed in performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.
NOTE: The phrase “train leaves the terminal”: means when the train actually starts on its road trip from the track where the train is first made up. However, if the train is moved off the assembly track for the convenience of the company and not with the intent of making a continuous outbound move (i.e., spotting for service of mail, switch out bad order car, etc.), initial terminal time will continue until the continuous outbound move is actually started. The continuous move is not disrupted when train is stopped to permit the lining of a switch or because block signal is against them.
Where mileage is allowed between the point of reporting for duty and the point of departure from the track on which the train is first made up, each mile so allowed will extend by 4.8 minutes the period of 30 minutes after which initial terminal delay payment begins.
NOTE: The phrase “through freight service” as used in this rule, does not include pusher, helper, mine run, shifter, roustabout belt line, transfer, work, wrecker, construction, circus train (paid special rates or allowances), road switcher, district runs, local freight and mixed service.
When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid but whichever is the greater will be paid.
When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty.
(c) When overtime, initial terminal delay and final terminal delay accrue on the same trip, allowance will be the combined initial and final terminal delay time, or overtime, whichever is the greater.
15. (a) Engineers in interdivisional pool crew service shall not be required to set out and/or pick up at more than two points on the interdivisional district, but should they set out and/or pick up at more than two points, they will be allowed actual time with a minimum of one hour for each such point after setouts and/or pickups have been made at the first two points; no such allowance will be required for the first two points.
NOTE: Setting out bad orders or units from train will not be considered a setout as referred to above.
(b) In the application of Section 15(a), above, it is understood that the Carrier is entitled to setouts and/or pickups at two points without special compensation. If the crew performs some work at initial and/or final terminals, or at some other point for which Agreement rules provide special compensation, these special compensation points shall not be counted in determining the “more than two points.”
16. Lodging will be furnished at the existing agreed upon facilities when interdivisional crews are tied up at other than their home terminal of their assignment under the provisions of existing agreements.
17. 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 operation of these interdivisional crews.
18. (a) This interdivisional service operation 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 two round trips as Engineer and/or Fireman. The Carrier may, if it desires, work the Engineer-Pilots through to the crew’s destination on a continuous miles or hours basis.
(c) 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.
(d) An Engineer who is entitled to an interdivisional assignment or vacancy will not be caused to lose earnings because of not being sufficiently familiar with the other-seniority-district portion of an interdivisional operation, if he is fully qualified and familiar with his seniority district portion of the operation.
“Crews,” as used herein, is intended to apply only to the Engineer on the crew.
Signed at
FOR:
(Formerly St. Louis-San Francisco Railway Company)
BY: (signed) J. J. Ratcliff
Assistant Vice President-Labor Relations
FOR: Engineers represented by BROTHERHOOD OF LOCOMOTIVE ENGINEERS
BY: (signed) R. E. Dean
General Chairman