MEMORANDUM OF AGREEMENT
IT IS AGREED:
The parties signatory hereto
are agreeable, in accordance with the provisions of Article VIII of the May 13,
1971 National Agreement, to the operation of interdivisional service on the
specified territory, subject to the following provisions of this Agreement.
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 Tulsa and Madill (both directions) and between
Madill and Ft. Worth (both directions).
It is recognized that separate interdivisional service may be operated
between Tulsa and Sherman (both directions) under the provisions of the
Memorandum of Agreement effective March 18, 1977.
2(a) Interdivisional through
freight service on the Tulsa-Madill and Madill-Ft. Worth territories shall be
protected by separate “Long Pool Crews, “ with home terminals at Tulsa, Madill
and Ft. Worth, that are to be assigned solely to the protection of such
interdivisional service but otherwise covered by existing agreements and
understandings (including mileage regulation agreements) except as otherwise
specified in this Agreement.
(b) Separate “Short Pool
Crew” assigned solely to any of the subdivisions in these 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) except as otherwise provided
herein shall be protected by crews made up of extra men.
(c) Regular assigned service
(i.e., local freight, road switcher, etc.) may be established to operate over
all or part of these two territories (Tulsa-Madill and Madill-Ft. Worth) under
the system agreement rules applicable to such service except that the manning
of the crew or crews will be subject to equalization between “prior rights”
employes (sic) of the present seniority districts if the assignment is to
operate on more than one of the present seniority districts.
3(a) On the effective date
of this Agreement, the seniority dates of individual employes (sic) on the
three seniority districts shall become their “prior rights” seniority date(s)
which they may thereafter use to obtain assignments that work solely on their
former seniority district or to obtain assignments that are allocated to
employes (sic) of their former seniority district by this Agreement.
(b) On the effective date of
this Agreement, the names on the seniority roster of the Sherman Seniority
District shall be placed on the bottom of the Ft. Worth Seniority District and
on the bottom of the Tulsa Seniority District.
Employes (sic) presently holding Firemen seniority on any of these three
districts, who are not yet promoted, will be placed, when promoted, in the same
order as they would have had if they had been promoted as of the effective date
of this agreement. Employes (sic)
establishing fireman seniority after the date of this Agreement shall establish
an engineer seniority date, when promoted, on either the Tulsa or Ft. Worth
Seniority District (i.e., the Sherman District roster will ultimately
disappear).
(c) Present Sherman District
employees will retain “prior rights” to the assignments at Madill that are
allocated to their district. As
attrition of “prior rights” Sherman employees occurs and there is no bid from a
“prior rights” Sherman Engineer (and there is no demoted “prior rights”
engineer) for an assignment that is allocated to those employees, that
assignment may be transferred to Ft. Worth or Tulsa and the Carrier and the
Organization will meet at the local level in order to agree on changes in the
rotation specified in this Agreement.
Such a transferred assignment will revert back to Madill if and when a
“prior rights” Sherman Engineer reclaims the assignment by bidding or bumping
onto it.
(d) The description of the
involved seniority districts in the system agreement shall be changed to conform
to this Section 3.
(e) The Carrier will attempt
to give employes (sic) (who do not move their residences from Sherman to Madill
and who are assigned at Madill a 2-hour advance call when they are being called
to go on duty at Madill. It is
recognized that this may not be practical or possible in all cases, but a
good-faith effort will be made.
(f) When calling the
above-referred to employes (sic) at Sherman and vicinity) the Carrier shall
assume any expense for telephone toll charges to call the mploye (sic) at
Sherman, but the individual employe (sic) shall be liable for any toll charge
between Sherman and his residence.
(g) Madill, Oklahoma will be
a common station for all road crews operating in to and out of that point and
those road crews may be required to perform any work at this location. (Exception:
Hugo District crews will be permitted to perform only that work at
Madill that they could perform prior to the date of this Agreement.)
4(a) Actual miles to be run
in interdivisional service between Tulsa and Madill is 177.6 miles. Actual mileage of the Creek Subdivision is
113.7 miles and of the Sherman Subdivision is 63.9 miles. Thus, Tulsa District Engineers will be entitled
to 65% and Sherman District Engineers will be entitled to 35% of the total
train miles in interdivisional service between Tulsa and Madill.
(b) The actual mileage
between Madill and Ft. Worth is 139.2 miles.
Actual mileage of the Sherman Subdivision is 43.1 miles and of the Ft.
Worth Subdivision is 96.1 miles. Thus
Sherman District Engineers will be entitled to 31% and Ft. Worth District
Engineers will be entitled to 69% of the total train miles in interdivisional
service between Madill and Ft. Worth.
(c) “Tulsa District
Engineers’ as used in this Section 4, means those Tulsa Seniority District
employes (sic) holding seniority on the Tulsa District enginermen’s seniority
roster on the date of this Agreement.
“Sherman District Engineers”
as used in this Section 4, means those Sherman Seniority District employes
(sic) holding seniority on the Sherman District enginemen’s seniority roster on
the date of this Agreement.
“Ft. Worth District
Engineers” as used in this Section 4, means those Ft. Worth Seniority District
employes (sic) holding seniority on the Ft. Worth District enginemen’s
seniority roster on this date of this Agreement.
5(a) Except as otherwise
provided in this Agreement, crews in interdivisional service on the
Tulsa-Madill territory (Creek and Sherman Subdivisions) and on the Madill-Ft.
Worth territory (Sherman and Ft. Worth Subdivisions) will be alternated between
Tulsa and Madill on a 2-to-1 basis (e.g., 2 Tulsa crews, then 1 Sherman crew, then 2 Tulsa
crews, etc.) out of both terminals of each territory and will be alternated
between Madill and Ft. Worth on a 2-to-1 basis (e.g., 2 Ft. Worth crews, then 1
Sherman crew, then 2 Ft. Worth crews, etc.) out of both terminals of each
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) 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 the above-mentioned two interdivisional territories shall be
equalized when the accumulation of mileage (at the rate of seven train miles
for each one-way trip by a Tulsa Engineer on the Tulsa-Madill territory and ten
train miles for each one-way trip by a Sherman Engineer on the Madill-Ft. Worth
territory) equals 3,500 train miles.
When 3,500 miles are thus accumulated, the junior interdivisional pool
engineer on the shortest district of the territory will be bulletined to
employes (sic) on the longest district, but the assigned employes (sic) 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 employes (sic) holding seniority as of the
date of this Agreement, the senior bidder will be assigned to work off the
accumulated train mileage. Employes
(sic) establishing seniority after the date of this Agreement shall not have
any rights to permanent or six-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 employe (sic) (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 employe (sic) 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 employe (sic) of
that other seniority district.
(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 5(b)
6(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 5(b) hereof. Copy of these statements will be furnished to
the Local and General Chairmen. 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) Madill will be the home
terminal for interdivisional assignments allocated to Sherman District
employes(sic). The home terminal for
interdivisional assignments allocated to Tulsa District employes (sic) will
remain at Tulsa and the home terminal for interdivisional assignments allocated
to Ft. Worth District employes (sic) will remain at Ft. Worth.
7. The provisions of the
Memorandums of Agreement signed April 15, 1975, July 13, 1973 and November 22,
1976 (copy attached) shall apply to Interdivisional Engineers covered by this
Agreement.
8(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 four hours, he will be allowed
100 miles and stand fist-out. If a call
is canceled before the employe (ci) leaves his residence or (away from home)
lodging facility, the foregoing sentence ( and payments) do 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 who 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 him without penalty while he is resting.
NOTE: The provisions of
Paragraphs (a) and (b), above, do not apply to interdivisional 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 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, it is 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 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 they register
off duty (or register their arrival when deadheading).
9. 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.
10(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, except in cases of sickness.
If a regular man lays off account sickness 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 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.”
11(a) Pool crews that are
called to operate solely on one subdivision or between existing district
terminals of that one subdivision shall be “Short Pool Crews” 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.
(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 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.
(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 train), or their route to destination is obstructed or impassable (e.g.,
wrecks and washouts). Subject to the
foregoing exceptions, interdivisional pool crews will not be tied up en route
unless and until it is apparent that they do not have time to complete their
run. 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 the crew’s final terminal.
(f) If the 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.
(g) Existing pay rules
relating to the crew that is tied up en route, and then towed or deadheaded
into terminal, shall apply.
12. 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.
13. 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.
14(a) The conditions and
provisions contained in the May 13, 1971 National Agreement in regard to
interdivisional service shall apply to these interdivisional operations,
including those provisions which are now 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.
15(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:
(1) 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 one-eighth (1/8th) of the
basic daily rate, according to the class of engine used, in addition 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 thirty (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.
16(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.
In the application of
Section 16(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.”
17. Except as otherwise
provided in this Agreement, 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.
18. 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 equalization of mileage so as to avoid an undue accumulation of
mileage by individuals of one seniority district and to otherwise provide for
the orderly equalization of mileage.
19(a) Any (separately or
collectively) of these interdivisional service operations not now beingn
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 two 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.
(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.
20. “Crews,” as used herein,
is intended to apply only to the Engineer on the crew.
Signed at Springfield,
Missouri, this 27th day of March, 1981, and effective April 15, 1981.
For: For:
BROTHERHOOD
OF LOCOMOTIVE BURLINGTON
NORTHERN INC.
ENGINEERS (Formerly
St. Louis-San Francisco Railway Company)
(signed) R. E. Dean (signed) J. J. Ratcliff
General Chairman Asst.
Vice President-Labor Relations