UNITED TRANSPORTATION UNION - YARDMASTER DEPARTMENT
to the following territory:
SOUTHERN RAILWAY COMPANY, CENTRAL OF GEORGIA RAILROAD COMPANY, CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY,
ALABAMA GREAT SOUTHERN RAILROAD COMPANY (Including NO&NE District), NEW ORLEANS TERMINAL COMPANY, GEORGIA SOUTHERN &
FLORIDA RAILWAY COMPANY, NICKEL PLATE RAILROAD COMPANY, WABASH RAILROAD COMPANY, PENNSYLVANIA RAILROAD COMPANY, WHEELING &
LAKE ERIE RAILWAY COMPANY, AND VIRGINIAN RAILWAY COMPANY]
Revised as of April 26, 2000 to include rules revisions, certain Agreements, and interpretations agreed to subsequent
to July 21, 1948.
is and has been the policy of the parties signatory hereto that the provisions of this Agreement be applied to all employees
covered by this agreement without regard to race, creed, age, sex or national origin.
[NOTE:SECTION 1, PARAGRAPHS (A), (B), (C), (D), (E), AND (F) BELOW ARE APPLICABLE ONLY
TO FORMER SOUTHERN RAILWAY COMPANY, CENTRAL OF GEORGIA RAILROAD COMPANY, CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY
COMPANY, ALABAMA GREAT SOUTHERN RAILROAD COMPANY (Including NO&NE District), NEW ORLEANS TERMINAL COMPANY, AND GEORGIA
SOUTHERN & FLORIDA RAILWAY COMPANY LOCATIONS]
(A)Except as provided hereinafter, this
Agreement applies to yardmasters when employed at the following locations:
New Orleans, LA
be attrited upon retirement of incumbent.
**These positions to come under
the scope of the yardmaster Agreement upon attrition
(B)The parties further recognize
that the following listed positions, worked by a general yardmaster, terminal trainmaster or agent terminal control, are excepted
from the scope of this Agreement and such positions may continue to perform such duties as have heretofore been required of
and 3rd shift
each shift plus relief
each shift plus relief
each shift plus relief
each shift plus relief
Linwood Yard, NC
each shift plus relief
each shift plus relief
(C)General yardmasters or terminal
trainmasters at the following locations are recognized as being exempt from the provisions of this Agreement:
New Orleans, LA
Oliver Yard, MainTower
Old Spencer, NC
(D)It is understood no positions of general
yardmasters or terminal trainmasters, other than those listed in Sections (B) and (C) of this Rule, shall be established at
any point in the future and be permitted to perform any yardmasters work except by mutual agreement between the representatives
of the employees and the management.
hours and duties of existing excepted positions shall not be changed for the purpose of absorbing the work of employees covered
by the scope of this Agreement if it results in abolishing positions covered herein.
herein shall be construed as preventing Carrier in the future from establishing positions of general yardmasters or terminal
trainmasters at their discretion, provided such positions as may be so established are confined exclusively to general supervisory
duties and not perform any direct supervision of yard crews of the type generally recognized as yardmasters work, it being
understood that the rules of this Agreement shall not apply to any such positions that may be so established in the future.
(1)A yardmaster position will be established
(seven days per week) on the first and third shifts at OliverTower and are subject to the provisions of the
Schedule Agreement.Off days will be filled by relief yardmasters.
(2)The second shift six-day position of
general yardmaster or terminal trainmaster at OliverTower in New Orleans, Louisiana will continue to be exempt from the provisions of the agreement between the parties.The off day of the assignment will be filled by a yardmaster under the scope of the
(3)General yardmasters or terminal trainmasters
at Chalmette, Louisiana are recognized as being exempt from the provisions of the Schedule Agreement and shall perform the necessary yardmaster
(4)Compensation to yardmasters employed
at OliverTower will be at the rate applicable to Group II locations in Schedule "A" of the Agreement between the parties.
(F)At Louisville, Kentucky:
(1)Yardmasters at Louisville, Kentucky will be governed
by the rules and scope of the current Agreement between the Organization and Southern Railway and its affiliated lines.
(2)One position on each shift, plus relief, will
be filled by general yardmasters or terminal trainmasters who are exempt from the provisions of the Agreement between the
Organization and Carriers listed herein.
(3)Louisville, Kentucky yardmasters located in the tower, and at
the Fairgrounds, will be compensated at the rate applicable to Group I locations in Schedule A of the Agreement.
(4)Yardmasters who establish seniority
or have established seniority at Louisville will have seniority on the Western Division with prior rights at Louisville, Kentucky, and this
will be notated on subsequent seniority rosters.
[RYA National Mediation Agreement (Case A-10183) of September 21, 1978]
duties and responsibilities of a yardmaster include:
(1) Supervision over employees directly engaged in the switching, blocking, classifying and handling of cars and
trains and duties directly incidental thereto that are required of the yardmaster in a territory as designated by the Carrier.
(2) Such other duties as assigned by the Carrier.
(a) The purpose of this Agreement is to enumerate the principal duties customarily and traditionally performed
by the craft of yardmasters.
(b) In the application of this Agreement it is not intended to eliminate any existing rights of the respective
parties under the applicable Collective Agreement.
NOTE: The use of the word Agreement in (a) and (b) above refers solely to the provisions of this Rule 1, Section
1HOURS OF ASSIGNMENT
(A)Eight hours, exclusive of the meal
period, shall constitute a days work.
three shifts are employed, lunch period of twenty (20) minutes will be afforded without deduction therefore.Where one or two shifts are employed, length of lunch period not to exceed one (1) hour will be fixed by
the management, and, if in excess of twenty (20) minutes, eight hours, exclusive of meal period, will constitute a days work.If required to work the meal period, will be paid therefore at pro rata rates.
meal period will be assigned between the beginning of the third and end of the sixth hour of a tour of duty.The time of the assigned meal period may be changed within the above limits by twenty-four (24) hours notice.
(B)Where three shifts
are worked covering the twenty-four (24) hour period, the starting time of the first shift shall not be earlier than
no later than
yardmasters shall each have a fixed starting time and the starting time will not be changed without at least forty-eight (48)
hours advance notice.No shift shall have an assigned starting time between and
(D)When a yardmaster on duty is relieved
because of illness, he will be paid for actual time from time reporting for duty to time relieved.The yardmaster relieving him will be paid not less than a minimum day at the rate applicable to the position
(E)Relief or extra yardmasters will
be paid at the rate of position worked.
(F)Wages shall be in accordance
with Schedule A attached.
The daily rate is determined by multiplying the monthly rate by 12 and dividing by 261, rounding the nearest cent.
The straight time hourly rate is determined by dividing the monthly rate be 174, rounding to the next highest quarter
Time and 2 figures on actual fraction, rounded to next highest quarter cent.
Cents-per-hour wage adjustmentsmade on the basis of 200 hours per month.
Yardmasters will not be required to work more than sixteen (16) consecutive hours.
- FIRST 60 MONTHS
(A)Employees entering service on positions
covered by the Organization signatory hereto shall be paid as follows for the first sixty(60) calendar months of service:
(1)For the first twelve (12) calendar months of
employment, new employees shall be paid 75% of the applicable rates of pay (including COLA).
(2)For the second twelve (12) calendar months of
employment, such employees shall be paid 80% of the applicable rates of pay (including COLA).
(3)For the third twelve (12) calendar months of
employment, such employees shall be paid 85% of the applicable rates of pay (including COLA).
(4)For the fourth twelve (12) calendar months of
employment, such employees shall be paid 90% of the applicable rates of pay (including COLA).
(5)For the fifth twelve (12) calendar months of
employment, such employees shall be paid 95% of the applicable rates of pay (including COLA).
(6)Employees who have had an employment relationship
with the Carrier and are rehired will be paid at established rates after completion of a total of sixty (60) months combined
(7)Service with the Carrier in a craft represented
by another Organization shall also be included in determining periods of employment under this Rule.
(8)An employee who has had a previous employment
relationship as a yardmaster with a Carrier and is subsequently hired by another Carrier shall be covered by this Article.However, such employee will receive credit toward completion of the sixty (60) month
period for any month in which compensated service was performed as a yardmaster provided that such compensated service last
occurred within one year from the date of subsequent employment.
(9)Any calendar month in which an employee does
not render compensated service due to furlough, voluntary absence, suspension, or dismissal shall not count toward completion
of the sixty (60) month period.
(B)Rate Progression Adjustment for
(1)An employee subject to rate progression under
Paragraph (A) shall have his position on the rate progression scale adjusted to the next higher level upon promotion to yardmaster.
(2)The next adjustment to an employees position on the
rate progression scale after the adjustment specified in Paragraph (B) (1) above shall be made when such employee completes
twelve (12) calendar months of employment [as defined in Paragraph (A) above] measured from the date on which that employee
would have attained the position on the rate progression scale pursuant to Paragraph (A) above.
(A)It is agreed that yardmasters will
be paid a frozen allowance of $15 for each tour of duty that they are instructed to train other employees in the Carriers
yardmaster training program.This allowance is in lieu of any other payment under
any other agreement or practice.
(B)No more than one trainer allowance
will be paid in connection with the training of the same trainee during the same shift.Each trainee will be assigned to train with one yardmaster per tour of duty. However, if a trainee is trained for more
than 30 minutes beyond one shift (into a subsequent shift), then the trainer allowance will also be paid to the yardmaster
on the subsequent shift who is also training the trainee.Additionally, if one
trainee is being trained at one location at a terminal and another trainee is being trained at another location at the same
terminal by another yardmaster on the same shift, each yardmaster trainer will be paid a trainer allowance.
(C)Among other things, such training
shall encompass all of the duties and responsibilities of a yardmaster for safe and efficient operations.The yardmaster trainer will make any required reports relating to trainees under his/her
(A)All time worked by regularly assigned
yardmasters in excess of eight (8) hours in a 24-hour period (such 24-hour period to be computed from regular starting time),
shall be paid for on the actual minute basis at time and one-half rate.Time
consumed in making transfer shall not be counted as overtime.
(B)Extra yardmasters shall be allowed
pay at time and one-half rate for all time worked in excess of eight-hours continuous service.(Under this rule, if an extra employee doubles from one shift to another, he will be paid time and one-half for the second tour of duty, but if there is an interval of eight hours,
he will be paid straight time for the second tour of duty in a 24-hour period.)
[Adopted from Five Day Work Week Agreement of 5/11/71]
(A)Two regular rest days each week, designated
by the Company, shall be assigned to each position.Consistent with requirements
of the service, due regard shall be given to the preference of the regular yardmasters, in seniority order, in fixing the
rest days for their positions.
assigned rest days shall be the same days each week and shall be consecutive to the fullest extent possible.The Carrier may assign non-consecutive days off to a position whenever consecutive days off would cause
or necessitate working a yardmaster with reasonable regularity in excess of 5 days per week.
(B)Regularly assigned yardmasters
required to perform service on either or both of the rest days assigned to their positions will be paid therefore at rate
of time and one-half.
(C)The term rest days as used in
this agreement means that for a regularly assigned yardmaster seventy-two (72) hours, and for a regularly assigned relief
yardmaster (who performs five (5) consecutive days yardmaster service) fifty-six (56) hours, shall elapse between the time
he is required to report on the day preceding his rest days and the time he is required to report for duty on the day following
his rest days.These definitions of the term rest days will not apply in the
case of transfers due to yardmasters exercising seniority.
(D)Where relief requirements regularly
consist of five (5) days work per week, relief yardmaster positions will be established and filled in accordance with Agreement
relief requirements regularly consist of four (4) days work per week, relief yardmaster positions providing for four (4) days
work per week, many, by agreement with the general chairman, be established and filled in accordance with agreement rules.Employees assigned to such positions will have preference over extra yardmasters,
including the guaranteed extra board, for available extra work covered by this agreement to the extent of one day per work
(E)Assignments for regular relief
positions may on different days include different starting times, duties and work locations for employees in the same home
(F)A regularly assigned yardmaster
transferring from one regular position to another regular position assumes the rest days assigned to the latter position and
will be paid straight time for days he actually works on such positions between last assigned rest day of former position
and first assigned rest day of new position:
EXAMPLE: A yardmaster transfers from position having Wednesday and Thursday as rest days to position having Saturday
and Sunday as rest days.First day worked on position to which transferred was
Monday.He will be paid on straight time basis from Friday of preceding week
to and including Friday of current week.
(G)Nothing in this Agreement shall
be construed to require the fill in of an assignment on the days off of the regularly assigned yardmaster where the work can
be absorbed by other yardmasters then on duty.
(H)Any tour of duty worked by an extra
or unassigned yardmaster in the exercise of his rights in another craft or class will not be considered in any way in connection
with the application of the provisions of this Rule.
(I)Nothing in this rule shall
be construed create a guarantee of any number of
hours or days of work.
(A)Employees will establish seniority
as yardmaster in one of the following ways:
(1)When appointed by bulletin to a regular yardmaster
(2)Employees used as yardmasters will acquire yardmaster
seniority after having performed (30) shifts service.The parties recognize the
Carriers right to disqualify such employees prior to completion of the thirty shifts. The seniority of such yardmaster will
date from the first day of yardmaster training. SEE SIDE LETTER.
In the event two or more
employees establish seniority on the same calendar date, their roster standing shall be determined by their earliest date
of continuous service with the Carrier and second, by whose birthday comes earliest in the calendar year.
(B)It is understood and agreed that
if such employee whom the Management has been using, under Section (A)(2), to perform extra yardmaster work is available,
and the Management does not use him for additional extra work (for which there is no employee holding seniority as yardmaster
available), the shifts previously worked as yardmaster by such employee will thereafter be disregarded in computing days under
Section (A)(2) of this Rule.If such employee is thereafter again used as yardmaster
he will commence another thirty-shift period under Section (A)(2).
(C)Nothing in this Rule prohibits
the Carrier appointing by bulletin any employee of its choice regardless of whether he has previously performed yardmaster
(D)Seniority lists will be posted or made
available electronically in each yard office each year during the month of January at each point where yardmasters are employed.Copy of each list will be made available each year to the Local and General Chairmen.
(E)Seniority of yardmasters
will be restricted to the district on which employed.On NSR, yardmasters who
establish seniority subsequent to June
30, 1980 shall not establish a prior right thereby but shall establish
seniority rights in the initial yard or terminal where promoted for the purposes of Rule 6 of this Agreement.
(A)Yardmasters from Seniority District
2, Seniority District 3, New River District (former Virginian), and Norfolk Terminal (former Virginian) seniority rosters
will be consolidated into a new Seniority District 3 as described below based on their respective seniority dates as yardmaster
shown on their respective rosters.
(B)"PRNKP" yardmasters on District
2 will be dovetailed with "PRNKP" yardmasters on District 3."PRCRC" yardmasters
on District 2 will be dovetailed with "PRCRC" yardmasters on District 3.Dual
rights yardmasters from District 2 will be dovetailed with dual rights yardmasters on District 3.Yardmasters with seniority on New River District and Norfolk Terminal District prior to the date of this
Agreement will be dovetailed with "PRNKP" yardmasters on District 3 roster with no prior rights to assignments.
(C)The new District 3 roster will
designate each yardmasters prior rights to former NSR, or CRC assignments on the seniority district using the designations
"PRCRC", and "PRNKP".Yardmasters who establish seniority on or after the date
of this Agreement will be placed on the bottom of the new District 3 seniority roster with no prior rights to any assignments.Current dual rights yardmasters presently on District 2 and District 3 continue to
have no prior rights to any alignments.
(D)The consolidation of the seniority
rosters in this Section 2 is not in any way connected to any transaction pursuant to Surface Transportation Board (or prior
Interstate Commerce Commission) authority and no protective conditions are applicable in connection therewith.Consolidating Districts 2 and 3 is not intended to create any protection where none exists nor diminish any existing protection.
(A)Regularly Assigned Yardmasters
[Also see Article IV(C) and Article VI of Conrail NKP Implementing Agreement]
(1)A yardmaster will be permitted to exercise his seniority rights,
i.e., by displacing a yardmaster his junior provided such yardmaster is qualified for the position desired, and if he does
make a displacement, he will hold the position selected for six months before being allowed to again exercise his seniority
rights. Claiming a temporary vacancy or being the successful bidder on a permanent vacancy does not start a new six month
(2)Displacement rights as provided by this Rule shall be made upon
no less than five (5) calendar days notice.
(3)(a) [Applicable to NSR]A yardmaster may exercise seniority displacement rights to another yard or terminal within his expanded
seniority district only when he has insufficient seniority to secure a regular position within his respective yard or terminal,
subject to schedule displacement rules and after he has established his qualifications.
[Applicable to Nickel Plate - District 3]A yardmaster may exercise seniority
displacement rights to another yard or terminal within his expanded seniority district to secure a regular position, subject to schedule displacement rules, after he
has established his qualifications, provided that there is a qualified yardmaster to take his place.
(4)When a regular yardmaster assignment is annulled for one day or
more, the yardmaster filling such assignment will be given notice not later than six (6) hours before the bulletined starting
(a)When a yardmaster assignment is annulled on any day or days including
holidays, the yardmaster filling such assignment may exercise his seniority by temporarily displacing a junior yardmaster
within his own terminal only for the day or days such assignment is annulled.
(b) A junior yardmaster temporarily displaced as permitted in Paragraph 4(a) above may exercise his seniority in
the same manner by temporarily displacing a junior yardmaster for the day or days so displaced from his assignment.
(c)If a yardmaster whose assignment is annulled, or a yardmaster
who is displaced as the result of the annulment of an assignment, is unable to displace a junior yardmaster as hereinabove
permitted, he will assume the status of an extra yardmaster for the period of the annulment.
(d)In every case where a yardmaster exercises a temporary displacement
as herein permitted, it is understood that such yardmaster must, at the end of the temporary displacement period, return to
and thereafter perform service on the assignment he was filling at the time he exercised temporary displacement rights.The end of the temporary displacement period is understood to be the end of the tour
of duty of the assignment to which such yardmaster exercises seniority under the above rules.
(e)If a yardmaster whose assignment is annulled, is able to displace
a junior assigned yardmaster, but does not do so, he will be considered as remaining on the assignment he was filling on the
date for which the annulment took place, and will not assume extra board status.
(f)It is understood that Carrier will not be liable for overtime
payments when a yardmasters temporary exercise of seniority or displacement results in his protecting his own job on short
(g)In the event that it is known in advance that an assignment will
be annulled for two or more consecutive days, the yardmaster holding such assignment may properly be advised of such in the
(h)The temporary exercise of seniority under this rule will be for
the duration of the annulment only, and in no way affects a yardmasters six month displacement rights under Rule 6(A)(4)(d).
(i)It is understood that this rule is not intended to alter the provisions
of Rule 10(B) requiring not less than ten calendar days notice of job abolishments.
(1)An unassigned yardmaster will be subject to Rules 8(B), 6(B)(3)
and 6(B)(4) in the yard or terminal within which he initially established seniority as yardmaster.
(2)An unassigned yardmaster will not stand for service in other than
his initial yard or terminal except in the exercise of seniority on a bulletin vacancy.
(3)An employee holding seniority as yardmaster, but not regularly
assigned as such, who is available, and has sufficient rest, will forfeit seniority as yardmaster if he declines service as
yardmaster, unless prevented from taking such position by bona fide personal sickness, or unless satisfactory arrangements
are made with officer in charge, which arrangements will not be made except for good and sufficient reason.
(4)An employee holding seniority as yardmaster, but not regularly assigned
as such, who by reason of seniority and qualifications stands for a regular assignment, but does not take it, will be deemed
to have declined service as yardmaster, and will forfeit seniority as such, unless prevented from taking such position by
bona fide personal sickness, or unless he obtains a leave of absence under Rule 9 of this agreement, and does not, during
such leave, engage in other service with the Carrier in a grade below that of assistant yardmaster. [Rule B(1) and B(2) effective
(5) A yardmaster who gives up or forfeits seniority as a yardmaster will not again be allowed to work as a yardmaster
for a six month period except by agreement with the General Chairman.
(C)Applicable to Regularly Assigned
and Unassigned Yardmasters
(1) A yardmaster may exercise seniority to a bulletined vacancy in another yard within his seniority district pursuant
to the schedule bulletin rules and after establishing his qualifications at that yard. [See exception in Article V of Conrail
NSR Implementing Agreement and Article VI of Conrail NKP Implementing Agreement]
(2)Prior rights shall prevail in the exercise of seniority pursuant
to this agreement.
PERMANENT VACANCIES AND NEW POSITIONS
(A)Permanent vacancies and newly created
positions shall be bulletined for five (5) days.The oldest qualified yardmaster,
relief or extra yardmaster making application for same in writing shall be assigned to the position at the expiration of the
bulletin period.During the bulletin period, the position shall be filled in
accordance with Rule 8 of this agreement.
(B)When an extra job has been worked
five (5) days in succession, it shall, in the event it is worked beyond five (5) days be bulletined on the seventh day as
a new position, and filled in accordance with Section (A) above.
NOTE: This does not prevent the Company from canceling such bulletin at any time.
SECTION 1TEMPORARY VACANCIES
[Rule 8(A) through 8(D) effective 8/3/79]
[Rule 8(E) effective 4/2/80]
(A)Temporary vacancies shall be filled
as provided for in Rules 8(B) and 8(C), except that such vacancies known to be for five (5) working days or more duration,
or having existed for three (3) working days, shall be filled by the oldest qualified yardmaster, relief, or extra yardmaster
making application not less than six hours prior to the starting time of the vacancy.
the matter of vacancies known to be for five working days or more duration or having existed for 3 working days, vacation
time shall be included.
(B)Except as otherwise provided
in this agreement, the oldest available extra employee will perform all extra work, except as provided in Rule 8(C) of this
Agreement, and he will not be allowed to work two consecutive shifts or begin a second tour of duty with less than 8 hours
of rest when yardmasters are available as provided in Rule 8(C).
(1)Who are out of place for a call will be held off yardmaster work
for 24 hours.
(2)Who mark off on a call must remain off yardmaster work for at
least 16 hours.
(3)Work week for extra yardmasters will be Monday - Sunday.
(4)Off days for extra yardmasters need not be consecutive.
(5)An extra yardmaster who has made five eight-hour straight time
days in a work week will be placed on a 5-day board and will not be called for any further yardmaster work during that week,
unless entitled to same by virtue of seniority right to overtime.
(6)Steps to be followed when filling temporary vacancies:
(a) Guaranteed extra board at straight time rate,
(b) Unassigned (extra) yardmaster at straight time rate,
(c) Senior available yardmaster at overtime rate who has requested extra work in writing will be called in seniority
order. If no one volunteers to fill vacancy, junior available yardmaster will fill it.
(D)Regularly Assigned Yardmasters:
(1)Who have requested extra work, in writing, and refuse same will
not be allowed to work until the expiration of the shift for which refusal was made.
(2)Who are marked off for any reasons, must mark up at least six
(6) hours prior to the scheduled starting time of their assignment.
(E)When filling temporary vacancies
pursuant to Rule 8 of the Schedule Agreement the following calling procedures shall apply:
(1)The employee standing for the vacancy shall be given a two hour
advance call, as near as possible.
(2)If the employees standing for the call fails to timely respond
he shall be held off yardmaster work pursuant to the provisions of Rule 8 and the next employee in line for the vacancy shall
be called in his stead.
(F) Extra yardmasters at Bellevue, OH will also protect temporary vacancies at Sandusky, OH.
It is agreed that the Carrier may establish yardmaster guaranteed extra boards (GEB) in accordance with the provisions of
this agreement, unless otherwise agreed to by the parties:
(1)GEB positions will be advertised pursuant to the bulletining rule
of the controlling Agreement at the locations involved. The provisions of the National Force Reduction Rule shall govern when
a GEB position is abolished, except the ten (10) day advance notice is reduced to five (5) calendar days advance notice. Reductions
of the GEB will be made so that Friday will be the last work day of the occupant. The Carrier shall have the right to determine
the size of the GEB. When a GEB is established or reestablished, the General Chairman will be notified.
(2)A GEB yardmaster will be paid the rate of pay assigned to the
position worked.GEB guarantee daily rate of pay is $170.00, to be increased
by future wage increases.A GEB yardmaster used in accordance with Section 10
of this Agreement will be paid not less than the highest yardmaster rate of pay in the terminal where service is performed.However, when a GEB yardmaster is used to fill vacancies on non-agreement positions,
he will be paid the highest yardmaster rate of pay in the terminal where service is performed plus ten percent at straight
time rate regardless of the number of hours worked.
Vacation for GEB yardmasters will be paid at the rate of the last assignment worked prior to the vacation.
(3)GEB yardmasters will be called and used on a first-in, first-out
basis for all extra yardmaster work.
(4)GEB yardmaster work-week will begin on Monday and conclude on
Sunday. Employees assigned to the GEB will be paid a minimum of forty (40) straight time hours for each work-week, for which
they are fully available. Such employees must be available for call during the period beginning two hours prior to the earliest
starting time for each trick, and ending one hour after the latest starting time for each trick. The forty (40) hour guarantee
will be reduced by eight (8) hours for each calendar day or part thereof an employee is unavailable for work.GEB yardmasters will be paid a minimum of eight (8) hours pay for each assignment worked.
GEB yardmaster who misses a call will remain off for a minimum of twenty-four (24) hours from the starting time of the assignment
missed unless no other yardmaster is available.The forty (40) hour guarantee
will be reduced in accordance with Section (4) above.
(b)A GEB yardmaster that marks off the GEB for any reason will remain
off for a minimum of sixteen (16) hours unless no other yardmaster is available.The
forty (40) hour guarantee will be reduced in accordance with Section (4) above.
(6)An employee who is not assigned to a GEB for an entire seven (7)
day work-week (Monday through Sunday) will be entitled to a GEB guarantee to be determined by the number of days the employee
is assigned to the GEB in accordance with the following:
(a)A GEB occupant will be considered to be assigned to the GEB on any day
not displaced prior to
(b)An employee acquiring a GEB position through displacement will be considered
assigned to the GEB on any day he acquires the position no later than
(c)Such employee will be entitled to a GEB guarantee for the week
based on the number of days assigned to the GEB in accordance with the provisions of Section 13 below.
(7)Employees applying for a position on the GEB or attempting to
displace onto a GEB position must be qualified on all yardmaster positions at a location in a terminal protected by the GEB.
(8)If the GEB becomes exhausted, unassigned (extra) yardmasters will
be used in seniority order, if qualified, before using the qualified regular assigned yardmasters at punitive rate.
(9)Employees assigned to the GEB will be considered as regular assigned
for the purposes of applying all the rules of the yardmaster agreement. Except, employees assigned to the GEB positions(s)
can be worked two (2) shifts in a calendar day at straight time rate provided such employee has a minimum of eight (8) hours rest between shifts provided the position is not covered by the Hours of
Service Law. A GEB yardmaster will not be required to accept a call that would put the yardmaster on duty for twenty-four
(24) hours and this will not be charged against a yardmasters guarantee.
(10)Employees assigned to the GEB who do not stand to work a yardmaster
vacancy may be used to assist trainmasters or other Carrier officers in the performance of their duties or perform other work
which does not cross craft lines as part of their forty (40) hour guarantee.The
term "assist" does not include conducting operating and safety efficiency tests, drug tests, and disciplinary procedures.
(11)When a regular four-day relief assignment is assigned one day
on the GEB to complete a forty (40) hour work-week, the incumbent of this position will be placed ahead of all other yardmaster
assigned to the GEB for the 24 hour period so assigned. This will not prevent the Carrier from using such employee in accordance
with Section 10, above, to complete the 40 hour work week.
(12)The following payments will be counted toward the computation
of the GEB 40 hour guarantee:
(b)Personal Leave Days
Note: When vacation pay is less than the GEB guarantee rate, the difference will not be paid.
(f)Holiday Pay (straight time)
(g)Company Business (determined by supervisor)
(h)Book of Rules
(B)Guarantee due for employees assigned to the GEB
for less than a full payroll period will be determined on the basis of the table below:
NO. OF DAYS ASSIGNED TO GEBGEB DAYS GUARANTEED
11/14 x 5 = 1
22/14 x 5 = 1
33/14 x 5 = 2
44/14 x 5 = 3
55/14 x 5 = 4
66/14 x 5 = 4
77/14 x 5 = 5
88/14 x 5 = 6
99/14 x 5 = 6
1010/14 x 5= 7
1111/14 x 5= 81212/14 x 5= 9
1313/14 x 5= 9
1414/14 x 5=10
LEAVE OF ABSENCE
(A)Yardmasters engaged in other business
or employment will not be granted leave of absence in excess of ninety (90) days and retain their seniority rights unless
mutually agreed to in writing by the proper officer of the Company and General Chairman.
(B)Upon return to service from leave
of absence, an employee embraced by this Agreement shall be given his former standing, displacing the man temporarily filling
his position during his absence, or he may, upon return or within ten (10) days thereafter exercise seniority rights to any
position bulletined during such absence, if qualified.
(C)An employee whose position is
abolished or who has been displaced while on leave of absence shall have the privilege, upon his return, of exercising his
seniority rights within ten (10) days to a position for which qualified.
(D)When promoted to official position
with the Company or the Organization, leave of absence will not be required.An
employee so promoted will, during the continuance of his incumbency on such position, retain and accumulate seniority in the
seniority district in which seniority is held at the time of his promotion, provided he avails himself of the opportunity
of exercising such seniority rights within thirty (30) days from the termination of such service in an official capacity.His name may be carried on seniority list as information, but its omission will not
affect seniority. [See Rule 22, Section 2]
NOTE: Company, as used above, means any of the companies party to this Agreement.
(A)At points where yardmasters are employed,
such positions may be abolished when the last yard engine is abolished, and no switching is performed by employees under yard
rates of pay.
(B)[RYA National Mediation
Agreement (Case A-9288) of February
2, 1973].In the event
a Carrier decides to abolish a yardmaster position covered by the rules of a collective agreement between the Organization
and a Carrier party hereto, such Carrier shall notify the General Chairman thereof by telephone (confirmed in writing) or
telegram not less than ten calendar days prior to the effective date of abolishment.If requested by the General Chairman, the representative of the Carrier and the General Chairman or his representative
shall meet for the purpose of discussing such abolishment.
(C)(Article V, RYA National Agreement
of April 2, 1971).Rules, agreements or practices, however established, that
require advance notice to employees before abolishing positions or making force reductions are hereby modified to eliminate
any requirement for such notices under emergency conditions, such as flood, snow storm, hurricane, tornado, earthquake, fire
or labor dispute other than as covered by paragraph (D) below, provided that such conditions result in suspension of a carriers
operations in whole or in part.It is understood and agreed that such force reductions
will be confined solely to those work locations directly affected by any suspension of operations.It is further understood and agreed that notwithstanding the foregoing, any employee who is affected by
an emergency force reduction and reports for work for his position without having been previously notified not to report,
shall receive four hours pay at the applicable rate for his position.If an employee
works any portion of the day he will be paid in accordance with existing rules.
(D)(Article V, RYA National Agreement
of April 23, 1971.)Rules, agreements or practices, however established, that
require advance notice before positions are abolished or forces are reduced are hereby modified so as not to require advance
notice where a suspension of a Carriers operations in whole or in part is due to a labor dispute between said carrier and
any of its employees.
OF RATES AND EMPLOYMENT; COMPARABLE RATES
(A)Employees temporarily or permanently
assigned to higher rated positions shall receive the higher rates while occupying such position; employees temporarily assigned
to lower rated positions shall not have their rates reduced.Assisting a higher
rated employee due to a temporary increase in the volume of work does not constitute a temporary assignment.
(B)The monthly rate for new positions
covered within the scope of this schedule, which are hereafter created, will be the same as for positions of similar classification
already existing at point employed; if no similar position of such class at such point, rate of new position will be established
at a rate comparable to rates paid for positions of similar class on the division.No
change shall be made in the title or reduction in the rate of pay of employees covered by the scope of this agreement unless
there be a change in the duties and responsibilities.
it is mutually agreed between the officer in charge and a yardmaster that it is necessary for the yardmaster to use his automobile
in Companys service the yardmaster will be compensated therefore at the applicable current mileage rate fixed by Management
for actual mileage made in such service.When such compensation is paid there
shall be no gasoline allowance.
and their dependents shall be granted transportation privileges in accordance with the law, rules and regulations of the Company.
(A)Employees taken away from their regular
assigned duties, at the request of the Management, to attend court or to appear as witnesses for the Company, will be furnished
transportation and will be allowed compensation equal to the amount that would have been earned had such interruption not
taken place and, in addition, the necessary actual expenses while away from home.Any
fee or mileage accruing will be assigned to the Company.
(B)Yardmasters attending, as witnesses,
investigations in which they are not concerned, will be paid in same manner as though attending court as witnesses for this
Company.If no time is lost, they will be allowed pay for the actual time attending such investigation on a minute basis with a minimum of four (4) hours.
National Agreement of October 31, 1978)
(A)When a regularly assigned yardmaster
is summoned for jury duty and is required to lose time from his assignment as a result thereof, he shall be paid for actual
time lost with a maximum of a basic days pay at the straight time rate of his position for each day lost less the amount allowed
him for jury service for each such day, excepting allowances paid by the court for meals, lodging or transportation, subject
to the following qualification requirements and limitations:
(1)A yardmaster must furnish the carrier with a statement from the
court of jury allowances paid and the days on which jury duty was performed.
(2)The number of days for which jury duty pay shall be paid is limited
to a maximum of 60 days in any calendar year.
(3)No jury duty pay will be allowed for any day as to which the employee
is entitled to vacation or holiday pay.
(4)When a yardmaster is excused from railroad service account of jury
duty the Carrier shall have the option of determining whether or not the yardmasters regular position shall be blanked, notwithstanding
the provisions of any other rules.
National Agreement of November 29, 1967, as amended)
(A)Yardmasters shall be paid at the rate
of time and one-half for working on any of the following enumerated holidays, in addition to their regular pay:
New Years Day
Fourth of July
Day after Thanksgiving
New Years Eve
(B)Under no circumstances will a
yardmaster be allowed more than one time and one-half payment for service performed by him on any day whether it is a work
day, a rest day, or a vacation day, which also is a holiday.It is understood
that this provision will not modify or cancel any existing rules which provide for payment at the rate of time and one-half
for service over eight hours.
(C)In instances when a recognized
holiday, or the day such holiday is observed by the state or nation, falls on an assigned work day of a regular yardmaster
assignment, the carrier shall have the right to blank such position on that day and the yardmaster then holding such assignment
shall be paid for that day on the basis of his regular straight time rate of pay, provided he does not render other compensated
service for the railroad during the hours of such yardmaster assignment.If any
work of such position is performed by other than the incumbent on the shift on which it is blanked, it shall be performed
in accordance with existing schedule rules.
(D)[Adopted from RYA National
Agreement of September 20, 1968, with the exception of (a) and (b) under (D) (2)].
(1)When any of the holidays enumerated in Rule 16(A) hereof falls
on a rest day of a regularly assigned yardmaster, he shall receive, in addition to his regular pay, one days pay at the straight
time rate of his regular position, provided he fills his regular position on the last workday immediately preceding and on
the first workday immediately following the holiday falling on a rest day.A
regularly assigned relief yardmaster who qualifies for pay for a holiday falling on a rest day in accordance with the foregoing
shall be paid at the straight time rate of the position he filled on the last workday immediately preceding the holiday falling
on a rest day.In addition to the one days pay at the straight time rate for
the rest day holiday herein provided, if a regular yardmaster works as yardmaster on his rest day he shall be entitled to
one time and one-half payment for service performed by him pursuant to Rule 16(B) hereof.
(2)When any of the holidays enumerated in Rule 16(A) hereof falls
during a regularly assigned yardmasters vacation period, he shall receive, in addition to his regular pay, one days pay at
the straight time rate of his regular position, provided he fills his regular position on the last workday immediately preceding
and on the first workday immediately following his vacation period.A regularly
assigned relief yardmaster who qualifies for pay for a holiday falling during his vacation period in accordance with the foregoing
shall be paid at the straight time rate of the position he filled on the last workday immediately preceding his vacation period.
will not be deprived of holiday pay, for which they are qualified, when their services are utilized on the holiday to fill
company officer positions.
filling company officer positions on holidays will not be entitled to time and one-half payments but will be compensated at
the pro rata yardmaster rate plus the customary 10%.
(3)The rest day holiday and vacation holiday pay provided by this Rule
16(D) shall not apply to extra yardmasters, or to regularly assigned yardmasters who may be eligible for holiday pay falling on a rest day or during a vacation
period pursuant to other Schedule Agreements.
side letter for filling Holliday vacancies
National Agreement of June 16, 1982)
(A)A maximum of two days of personal leave
will be provided on the following basis:
who have met the qualifying requirements under vacation rules in effect for three (3) weeks of vacation shall be entitled
to one day of personal leave in a calendar year;
who have met the qualifying requirements under vacation rules in effect for four (4) weeks of vacation shall be entitled to
two days of personal leave in a calendar year.
leave days provided in Paragraph (A) may be taken upon 48 hours advance notice from the employee to the proper carrier officer
provided, however, such days may be taken only when consistent with the requirements of the carriers service.It is not intended that this condition prevent an eligible employee from receiving personal leave days
except where the request for leave is so late in a calendar year that service requirements prevent the employees utilization
of any personal leave days before the end of the year.
(2)Personal leave days will be paid for at the rate of the employees
position or the protected rate, whichever is higher.
(3)The personal leave days provided in Paragraph (A) shall be forfeited
if not taken during each calendar year.Any restrictions against blanking jobs
or realigning forces will not be applicable when an employee is absent under these provisions.
(A)A yardmaster shall not be disciplined
except for cause and without first being granted a fair and impartial hearing.
(B)If charges are made against a
yardmaster he shall be notified within ten days from the date of incident, or first knowledge thereof by his supervisor, and
he shall be granted a hearing within ten days after notice before an officer not lower in rank than Division Superintendent,
Assistant Division Superintendent, or Terminal Superintendent.
shall be entitled to a reasonable time in advance of hearing to be apprised of the specific charge or charges against him.He shall have the privilege of assistance by a duly accredited representative should
he so desire, and shall be privileged to secure the presence of witnesses which he considers necessary to a proper presentation
of his case.A yardmaster who considers himself unjustly treated shall have the
right to handle this matter, provided he notifies the proper officer in writing within thirty (30) days of his grievance,
as provided in Rule 18.
NOTE: the parties recognize that instances where the Terminal Superintendent, Assistant Division Superintendent
and/or Division Superintendent cites the yardmaster to a hearing, conducts the hearing and assesses the discipline do not
break the contractual requirement for a fair and impartial hearing.However,
in cases where the Terminal Superintendent, Assistant Division Superintendent and/or Superintendent has assessed discipline,
the parties further recognize that the initial appeal is properly made to the Division Superintendent, the requirements of
Rule 18, notwithstanding.
(C)If decision be against him, he
shall have the right to appeal to each succeeding higher officer, including the highest officer designated by the Carrier
to hear such matters, provided such appeal is made within thirty (30) days from the date an adverse decision is rendered,
as provided in Rule 18.Appeal of any decision rendered by the Division Superintendent
will be made to the Director of Labor Relations.
(D)If decision be in his favor, his record
shall be cleared of the charges and he shall be compensated for any wage lost, less any amount earned in other service or
employment, or received as unemployment compensation while out of service, and will be restored to his last assignment with
(E)At the request of a yardmaster
or his representative, a transcript of such hearing will be made and if made, a copy shall be furnished to the yardmaster
involved, and his representative.
(F)Unless extended by mutual agreement,
decision will be rendered within ten (10) days from date of the final hearing.
(A)All claims or grievances must be presented
in writing by or on behalf of the employee involved, to the officer of the Carrier authorized to receive same, within 60 calendar
days (30 days for discipline cases) from the date of the occurrence on which the claim or grievance is based.Should any such claim or grievance be disallowed, the Carrier shall, within 60 calendar days from the date
same is filed (30 days for discipline cases), notify the employee or his representative of the reasons for such disallowance.If not so notified, the claim or grievance shall be considered valid and settled accordingly,
but this shall not be considered as a precedent or waiver of the contentions of the Carrier as to other similar claims or
NOTE: Where Superintendents of Terminals are located, claims should initially be filed with that person; and at
locations where there is not a Superintendent of Terminals, claims should initially be filed with the Division Superintendent.
or grievances denied by the Division Superintendent that are appealed will be appealed to the Director of Labor Relations
unless designated otherwise by the Carrier.
(B)If a disallowed claim or grievance
is to be appealed, such appeal must be taken within 60 calendar days from receipt of notice of disallowance (30 days for discipline
cases), and the representative of the Carrier shall be notified within that time of the rejection of his decision.Failing to comply with this provision, the matter shall be considered closed, but this shall not be considered
as a precedent or waiver of the contentions of the employees as to other similar claims or grievances.It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim
or grievance on the property, extend the 60 calendar day period for either a decision or appeal (30 days for discipline cases),
up to and including the chief officer of the Carrier designated for that purpose.
(C)The procedure outlined in paragraphs
(A) and (B) pertaining to appeal by the employee and decision by the Carrier, shall govern in appeals taken to each succeeding
officer except in cases of appeal from the decision of the highest operating officer designated by the Carrier to handle such
disputes. All claims or grievances involved in a decision by the highest officer shall be barred unless within nine (9) months
from the date of said officers decision proceedings are instituted by the employee or his duly authorized representative before
the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that
has been agreed to by the parties hereto as provided in Section 3, Second of the Railway Labor Act.It is understood, however, that the parties may, by agreement in any particular case, extend the nine month
period herein referred to.
(D)A claim my be filed at any time for
an alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under
this Rule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if
found to be such, continues.However, no monetary claim shall be allowed retroactively
for more than 60 calendar days prior to the filing thereof.With respect to claims
and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement
with pay for time lost shall be sufficient.
(E)This Rule recognizes the right
of representatives of the Organization, party hereto, to file and prosecute claims and grievances for and on behalf of the
employees they represent.
(F)This Rule shall not apply to
requests for leniency.
(G)Prior to the assertion, hearing
and decision of claims or differences as herein provided, and while questions of differences are pending, there will neither
be a shutdown by the employer nor a suspension of work by the employees.
(H)When erroneous overpayments are made,
no retroactive adjustments will be made for a period of more than sixty (60) days prior to the date such erroneous payments are
discovered and employees notified that such adjustments are to be made.
National Agreement of January 29, 1965, as amended by National Agreement of April 23, 1971).
An annual vacation of two weeks (10 working days) with pay will be granted, subject to the conditions set forth
in (C) through (H) to each yardmaster who rendered compensated service as yardmaster on not less than one hundred ten (110)
days during the preceding calendar year.
(2) (RYA National Agreement of June 16, 1982).
An annual vacation of three weeks (15 working day) with pay will be granted, subject to the conditions set forth
in (C) through (H) to each yardmaster who rendered compensated service as yardmaster on not less than one hundred (100) days
during the preceding calendar year and who at the beginning of the vacation year has eight or more years of continuous service
with the employing Carrier.
(3)An annual vacation of four weeks (20 working days) with pay will
be granted, subject to the conditions set forth in (C) through (H) to each yardmaster who rendered compensated service as
yardmaster on not less than one hundred (100) days during the preceding calendar year and who at the beginning of the vacation
year has seventeen or more years of continuous service with the employing Carrier.
(4)(RYA National Agreement of January 29, 1965, as amended by National
Agreement of April 23, 1971).
An annual vacation of five weeks (25 working days) with pay will be granted, subject to the conditions set forth
in (C) through (H) to each yardmaster who rendered compensated service as yardmaster on not less than one hundred (100) days
during the preceding calendar year and who at the beginning of the vacation year has twenty-five or more years of continuous
service with the employing Carrier.
(B)Calendar days in each current
qualifying year on which a yardmaster renders no service as such because of his own sickness or because of his own injury
shall be included in computing days of compensated service for vacation qualification purposes on the basis of a maximum of
10 such days for a yardmaster with less than three years of continuous service with the employing Carrier, a maximum of 20
such days for a yardmaster with three but less than fifteen years of continuous service with the employing Carrier and 30
such days for a yardmaster with fifteen or more years of continuous service with the employing Carrier, provided that no calendar
day on which a yardmaster was credited with any compensation under sick leave rules or practices shall be included under this
Rule 19(B)(1).The maximum number of such days that may be claimed by any individual
in any calendar year under this and other schedule agreements shall not exceed a total of 10, 20 or 30 days, respectively.
(C)Local officers of the Carrier
and the local committees of the Organization will cooperate in assigning vacation dates, giving due regard to business conditions,
availability of a relief employee and to the desires and preferences of the yardmasters in seniorityorder.An employee may take up to one week of his annual vacation
in single day increments unless otherwise agreed to by the Local Chairman and the Superintendent.
vacations are afforded:
(a) A yardmaster having a regular assignment will be paid for each working day of his vacation the daily compensation
(excluding casual or unassigned overtime) of such assignment.
(b) A yardmaster not having a regular assignment will be paid while on vacation on basis of the average straight-time
compensation earned as a yardmaster in the last payroll period preceding the vacation during which he performed service for
the number of vacation days to which entitled under Rule 19(A) and (B).
(2)When vacations are not afforded:
If a vacation is not afforded, payment in lieu thereof will be made not later than the first payroll period in
January of the following year, computed on the following basis:
(a)A yardmaster having a regular assignment will be paid in lieu
of vacation the daily compensation (excluding casual or unassigned overtime) of such assignment for the number of vacation
days to which entitled under Rule 19(A) and (B).
(b)A yardmaster not having a regular assignment will be paid in lieu
of vacation on basis of the average straight-time compensation earned as a yardmaster in the last payroll period during which
he performed service preceding the close of the vacation year for the number of vacation days to which entitled under Rule
19(A) and (B).
(E)A yardmaster who performs service
as yardmaster on any day of his assigned yardmaster vacation period will be paid for such service at the time and one-half
rather than straight time in addition to vacation pay provided in Rule 19(D).
(F)Vacations, or allowances therefore,
under two or more schedules held by different organizations on the same carrier shall not be applied to create a vacation,
or allowance therefore, of more than the maximum number of days provided for in either of such schedules.
(G)The vacation provided for in
this agreement shall be considered to have been earned when the yardmaster has qualified under Rules 19(A) and (B) hereof.If his employment status is terminated for any reason whatsoever including but not
limited to retirement, resignation, discharge, non-compliance with a union-shop agreement, or failure to return after furlough,
he shall at the time of such termination be granted full vacation pay earned up to the time he leaves the service including
pay for vacation earned in the preceding year or years if the yardmaster has qualified therefor under Rules 19(A) and (B).If a yardmaster thus entitled to vacation or vacation pay shall die, the vacation
pay earned and not received shall be paid to such beneficiary as may have been designated, or in the absence of such designation,
the surviving spouse or children of his estates, in that order of preference.
(H)Vacations shall not be accumulated
or carried over from ne vacation year to another.
(I)As otherwise provided herein,
this Vacation Rule shall be in full force and continue in effect subject to not less than seven months= notice in writing
by any Carrier or the Organization party hereto, of desire to change this Rule as of the end of the year in which the notice
is served.Such notice shall specify the changes desired and the recipient of
such notice shall then have a period of thirty days from the date of the receipt of such notice within which to serve notice
specifying changes which it or they desire to make.Thereupon such proposals
of the respective parties shall thereafter be negotiated and progressed concurrently to
a conclusion.When such notice is served, the proceedings shall be under the
provisions of the Railway Labor Act.
VII of RYA National Agreement of October 31, 1978)
leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employees
brother, sister, parent, child, spouse or spouses parent.In such cases a minimum
basic days pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement
leave.Employees involved will make provision for taking leave with their supervising
officials in the usual manner.Any restrictions against blanking jobs or realigning
forces will not be applicable when an employee is absent under this provision.
QUESTIONS AND ANSWERS
(Applicable to Bereavement Leave)
are the three calendar days to be determined?
employee will have the following options in deciding when to take bereavement leave:
(a)three consecutive calendar days, commencing with
the day of death, when the death occurs prior to the time an employee is scheduled to report for duty; or
(b)three consecutive calendar days, ending the day
of the funeral service; or
(c)three consecutive calendar days, ending the day
following the funeral service.
the three (3) calendar days allowance pertain to each separate instance, or do the three (3) calendar days refer to a total
of all instances?
(3) days for each separate death; however, there is no pyramiding where a second death occurs within the three-day period
covered by the first death.
Example:Employee has a work week of Monday through Friday - off-days
of Saturday and Sunday.His mother dies on Monday and his father dies on Tuesday.At a maximum the employee would be eligible for bereavement leave on Tuesday, Wednesday,
Thursday and Friday.
employee working from an Extra Board is granted bereavement leave on Wednesday, Thursday and Friday.Had he not taken bereavement leave he would have been available on the Extra Board but would not have performed
service on one of the days on which leave was taken.Is he eligible for two days
or three days of bereavement pay?
maximum of two days.
a day on which a basic days pay is allowed account bereavement leave serve as a qualifying day for holiday purposes?
however, the parties are in accord that bereavement leave non-availability should be considered the same as vacation non-availability
and that the first work day preceding or following the employees bereavement leave, as the case may be, should be considered
as the qualifying day for holiday purposes.
an employee be entitled to bereavement leave in connection with the death of a half-brother or half-sister, stepbrother or
stepsister, stepparents or stepchildren?
- for half-brother and half-sister; no - for stepbrother or stepsister, stepparents or stepchildren.However, the rule is applicable to a family relationship covered by the rule through the legal adoption
AND WELFARE BENEFITS
Carrier and the Organization are parties to National Agreements providing Health and Welfare benefits under United Health
Care Contract No. 123000.
addition to the coverage provided by the policies referred to in Section 1 above, yardmasters are also covered by a Supplemental
Life Insurance Policy, Group Policy G-898024 (RYA National Agreement of November 29, 1979, and subsequent National Agreements).
Supplemental Sickness Benefits Plan (Trustmark Insurance Company Group Contract 9000) has also been established (RYA National
Agreement of October 31, 1978) to cover yardmasters.The benefits to be provided
and the qualifying conditions of this plan are set forth in the October 31, 1978 Yardmaster National Agreement and subsequent
National Agreement of June 16, 1982)
July 1982, and for each month thereafter, am amount equal to two cents an hour for each hour of service worked as a yardmaster
during such month by any employee covered by this Agreement shall be forwarded to the insurance company that administers the
Organizations prepaid retiree medical insurance program.Such amounts contributed
shall be used solely for the purpose of funding benefits for beneficiaries who have met the eligibility requirements of the
Railroad Employees National Early Retirement Major Medical Benefit Plan or who were eligible under such Plan but no longer
are because of coverage under Medicare.
NOTE: During negotiations of the June 16, 1982 Agreement, it was agreed that the above two cents per hour would
be diverted from the Cost-of-Living Allowance and on December 20, 1983 it was agreed that, effective January 1984, five cents
per hour would be diverted from COLA for this purpose.
This benefit was effective with RYA National Agreement of September 20, 1968, amended by RYA National Agreement of October 31, 1978 and subsequent National Agreements.
A.Union-Shop Agreement (February
27, 1953, as amended)
accordance with and subject to the terms and conditions hereinafter set forth, all employees of the Carrier now or hereafter
subject to the rules and working conditions Agreements between the parties hereto, except as hereinafter provided, shall,
as a condition of their continued employment subject to such Agreements, become members of the Organization party to this
Agreement representing their craft or class within sixty (60) calendar days of the date they first perform compensated service
as such employees after the effective date of this Agreement, and thereafter shall maintain membership in such Organization;
except that such membership shall not be required of any individual until he has performed compensated service on thirty (30)
days within a period of twelve (12) consecutive calendar months.Nothing in this
agreement shall alter, enlarge or otherwise change the coverage of the present or future rules and working conditions Agreements.
is agreed that, in the application of the Union Shop Agreement, membership in the United Transportation Union-Yardmaster Department
shall be limited to requiring membership by employees who hold regular assigned positions coming within the scope of the Agreement
with the United Transportation Union-Yardmaster Department, or by employees working as extra yardmasters who have completed
training, and who have worked one shift without assistance, and are not maintaining active membership in any other Railroad
Labor Organization.This Agreement will not prevent employees not so required
to hold membership at their option.
(A)(Applicable to NSR yardmasters who were promoted prior to the date of this Schedule
Agreement) Employees promoted to official or fully excepted positions with the Carrier after March 15, 1984 who desire to
maintain their seniority standing as yardmasters, must pay the equivalent of dues to the Organization when by virtue of their
seniority standing, they could hold a regularly assigned position of yardmaster in their respective seniority districts.Failure to do so will result in the termination of all seniority under the Agreement.
(B)(Applicable to NKP, PRR, VGN, WAB, and WLE, yardmasters who were promoted
prior to the date of this Schedule Agreement) Yardmasters promoted to official or excepted positions after May 1, 1987 who
desire to accumulate seniority as a yardmaster must pay applicable membership dues to the United Transportation Union-Yardmaster
Department.In the event any employee elects not to pay dues to continue to accumulate
seniority, the duly authorized representative of the Organization shall notify the Carriers highest officer designated to
handle claims and grievances, with a copy to the employee involved. If, within thirty (30) days after receipt of such notification,
the employee has not become current in dues to the Organization, the employee shall cease to accumulate seniority as a yardmaster
and the General Chairman shall so notify the Carrier and the employee involved.An
employee who was promoted to a supervisory, official or fully excepted position prior to May 1, 1987 will
continue to retain and accumulate seniority without payment of membership dues to the Organization.
(C)A yardmaster who is promoted to a non-contract position, placed on a special assignment,
or accepts a full time position with the United Transportation Union on or after the date of this Agreement will retain and
accumulate yardmaster seniority subject to the maintenance of membership requirements of the Union Shop Agreement.Failure to comply with the maintenance of membership requirements will result in forfeiture of yardmaster
Employees who retain seniority under the rules and working condition Agreements governing their class or craft and who are
regularly assigned or transferred to full time employment not covered by such Agreements, or who, for a period of thirty (30)
days or more, are (1) furloughed on account of force reduction, or (2) on leave of absence, or (3) absent on account of sickness
or disability, will not be required to maintain membership as provided in Section 1 of this Agreement so long as they remain
in such other employment, or furloughed or absent as herein provided, but they may do so at their option.Should such employees return to any service covered by the said Rules and working conditions Agreements
and continue therein thirty (30) calendar days or more, irrespective of the number of days actually worked during that period,
they shall, as a condition of their continued employment subject to such Agreements, be required to become and remain members
of the Organization representing their class or craft within thirty-five (35) calendar days from date of their return to such
The seniority status and rights of employees furloughed to serve in the Armed Forces or granted leave of absence to engage
in studies under an educational aid program sponsored by the federal government or a state government for the benefit of ex-service
men shall not be terminated by reason of any of the provisions of this agreement but such employees shall, upon resumption
of employment, be considered as new employees for the purposes of applying this Agreement.
Employees who retain seniority under the rules and working conditions Agreements governing their class or craft and who, for
reasons other than those specified in Subsections (A) and (B) of this Section 3, are not in service covered by such Agreements,
or leave such service, will not be required to maintain membership as provided in Section 1 of this Agreement so long as they
are not in service covered by such Agreements, but they may do so at their option.Should
such employees return to any service covered by the said rules and working conditions Agreements they shall, as a condition
of their continued employment, be required, from the date of return to such service, to become and remain members in the Organization
representing their class or craft.
(D)Employees who retain seniority under
the rules and working conditions Agreements of their class or craft, who are members of an Organization signatory hereto representing
that class or craft and who in accordance with the rules and working conditions Agreements of that class or craft temporarily
perform work in another class of service shall not be required to be members of another Organization party hereto whose Agreement
covers the other class of service until the date the employees hold regularly assigned positions within the scope of the Agreement
covering such other class of service.
in this Agreement shall require an employee to become or to remain a member of the Organization if such membership is not
available to such employee upon the same terms and conditions as are generally applicable to any other member, or if the membership
of such employee is denied or terminated for any reason other than the failure of the employee to tender the periodic dues,
initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining
membership.For purposes of this Agreement, dues, fees, and assessments, shall
be deemed to be"uniformly required" if they are required of all employees in
the same status at the same time in the same organizational unit.
(A)Each employee covered by the provisions
of this Agreement shall be considered by the carrier to have met the requirements of the Agreement unless and until such Carrier
is advised to the contrary in writing by the Organization.The Organization will
notify the carrier in writing by Registered Mail, Return Receipt Requested, or by personal delivery evidenced by receipt,
of any employee who it is alleged has failed to comply with the terms of this Agreement and who the Organization therefore
claims is not entitled to continue in employment subject to the rules and working conditions Agreement.The form of notice to be used shall be agreed upon by the Carrier and the Organizations involved and the
form shall make provisions for specifying the reasons for the allegation of non-compliance.Upon receipt of such notice, the Carrier will, within ten (10) calendar days of such receipt, so notify the employee
concerned in writing by Registered Mail, Return Receipt Requested, or by personal delivery evidenced by receipt.Copy of such notice to the employee shall be given the Organization.An employee so notified who disputes the fact that he has failed to comply with the terms of this Agreement, shall
within a period of ten (10) calendar day from the date of receipt of such notice, request the Carrier in writing by Registered
Mail, Return Receipt Requested, or by personal delivery evidenced by receipt, to accord him a hearing.Upon receipt of such request the Carrier shall set a date for hearing which shall be held within ten (10)
calendar days of the date of receipt of request therefore.Notice of the date
set for hearing shall be promptly given the employee in writing with copy to the Organization, by Registered Mail, Return
Receipt Requested, or by personal delivery evidenced by receipt.A representative
of the Organization shall attend and participate in the hearing.The receipt
by the Carrier of a request for a hearing shall operate to stay action on the termination of employment until the hearing
is held and the decision of the Carrier is rendered.
the event the employee concerned does not request a hearing as provided herein, the Carrier shall proceed to terminate his
seniority and employment under the rules and working conditions Agreement not later than thirty (30) calendar days from receipt
of the above described notice from the Organization, unless the Carrier and the Organization agree otherwise in writing.
(B)The Carrier shall determine on
the basis of the evidence produced at the hearing whether or not the employee has complied with the terms of this Agreement
and shall render a decision within twenty (20) calendar days from the date that the hearing is closed, and the employee and
Organization shall be promptly advised thereof in writing by Registered Mail, Return Receipt Requested.
the decision is that the employee has not complied with the terms of this Agreement, his seniority and employment under the
rules and working conditions Agreement shall be terminated within twenty (20) calendar days of the date of said decision except
as hereinafter provided or unless the Carrier and the Organization agree otherwise in writing.
the decision is not satisfactory to the employee or to the Organization it may be appealed in writing, by Registered Mail,
Return Receipt Requested, directly to the highest officer of the Carrier designated to handle appeals under this Agreement.Such appeals must be received by such officer within ten (10) calendar days of the
date of the decision appealed from and shall operate to stay action on the termination of seniority and employment, until
the decision on appeal in rendered.The Carrier shall promptly notify the other
party in writing of any such appeal, by Registered Mail, Return Receipt Requested.The
decision on such appeal shall be rendered within twenty (20) calendar days of the date the notice of appeal is received, and
the employee and the Organization shall be promptly advised thereof in writing by Registered Mail, Return Receipt Requested.
the decision on such appeal is that the employee has not complied with the terms of this Agreement, his seniority ad employment
under the rules and working conditions Agreement shall be terminated within twenty (20) calendar days of the date of said
decision unless selection of a neutral is requested as provided below, or unless the Carrier and the Organization agree otherwise
in writing.The decision on appeal shall be final and binding unless within ten
(10) calendar days from the date of the decision the Organization or the employee involved requests the selection of a neutral
person to decide the dispute as provided in Section 5(C) below.Any request for
selection of a neutral person as provided in Section 5(C) below shall operate to stay action on the termination of seniority
and employment until not more than ten (10) calendar days from the date decision is rendered by the neutral person.
(C)If within ten (10) calendar days
after the date of a decision on appeal by the highest officer of the Carrier designated to handle appeals under this agreement
the Organization or the employee involved requests such highest officer in writing by Registered Mail, Return Receipt Requested,
that a neutral be appointed to decide the dispute, a neutral person to act as sole arbitrator to decide the dispute shall
be selected by the highest officer of the Carrier designated to handle appeals under this Agreement or his designated representative,
the chief executive of the Organization or his designated representative, and the employeeinvolved or his representative.If they are unable to agree upon the selection
of a neutral person any one of them my request the Chairman of the National Mediation Board in writing to appoint such neutral.The Carrier, the Organization and the employee involved shall have the right to appear
and present evidence at a hearing before such neutral arbitrator.Any decision
by such neutral arbitrator shall be made within thirty (30) calendar days from the date of receipt of the request for his
appointment and shall be final and binding upon the parties.The Carrier, the
employee, and the Organization shall be promptly advised thereof in writing by Registered Mail, Return Receipt Requested.If the position of the employee is sustained, the fees, salary and expenses of the
neutral arbitrator shall be borne in equal shares by the Carrier and the Organization; if the employees position is not sustained,
such fees, salary and expenses shall be borne in equal share by the Carrier, the Organization and the employee.
(D)The time periods specified in this
Section 5 may be extended in individual cases by written agreement between the Carrier and the Organization.
(E)Provisions of investigation and
discipline rules contained in the rules and working conditions Agreement between the Carrier and the Organization will not
apply to cases arising under this Agreement.
(F)The General Chairman of the Organization
shall notify the Carrier in writing of the title(s) and address(es) of its representatives who are authorized to serve and
receive the notices described in this Agreement.The Carrier shall notify the
General Chairman of the Organization in writing of the title(s) and address(es) of its representatives who are authorized
to receive and serve the notices described in this Agreement.
(G)In computing the time periods
specified in this Agreement, the date on which a notice is requested or decision rendered shall not be counted.
provisions of this Agreement to the contrary notwithstanding, the Carrier shall not be required to terminate the employment
of an employee until such time as a qualified replacement is available.The Carrier
may not, however, retain such employee in service under the provisions of this Section 6 for a period in excess of sixty (60)
calendar days from the date of the last decision rendered under the provisions of Section 5, or ninety (90) calendar days
from date of receipt of notice from the Organization in cases where the employee does not request a hearing.The employee whose employment is extended under the provisions of this Section 6 shall not, during such
extension, retain or acquire any seniority rights.The position will be advertised
as vacant under the bulletining rules of the respective agreements but the employee may remain on the position held at the
time of the last decision, or at the date of receipt of notice where no hearing is requested pending the assignment of the
successful applicant, unless displaced or unless the position is abolished.The
above periods may be extended by agreement between the Carrier and the Organization involved.
employee whose seniority and employment under the rules and working conditions Agreement is terminated pursuant to the provision
of this Agreement or whose employment is extended under Section 6 shall have no time or money claims by reason thereof.
the final determination under Section 5 of this agreement is that an employees seniority and employment in a craft or class
shall be terminated, no liability against the Carrier in favor of the Organization or other employees based upon an alleged
violation, misapplication or non-compliance with any part of this agreement shall arise or accrue during the period up to
the expiration of the sixty (60) or ninety (90) day periods specified in Section 6, or while such determination may be stayed
by a court, or while a discharged employee may be restored to service pursuant to judicial determination.During such periods, no provision of any other agreement between the parties hereto shall be used as the
basis for a grievance or time or money claim by or on behalf of any employee against the Carrier predicted upon any action
taken by the carrier in applying or complying with this Agreement or upon an alleged violation, misapplication or non-compliance
with any provision of this Agreement.If the final determination under Section
5 of this Agreement is that an employees employment and seniority shall not be terminated, his continuance in service shall
give rise to no liability against the Carrier in favor of the Organization or other employees based upon an alleged violation,
misapplication or non-compliance with any part of this Agreement.
the event that seniority and employment under the rules and working conditions Agreement is terminated by the Carrier under
the provisions of this Agreement, and such termination of seniority and employment is subsequently determined to be improper,
unlawful, or unenforceable, the Organization shall indemnify and save harmless the Carrier against any and all liability arising
as the result of such improper, unlawful, or unenforceable termination of seniority and employment; Provided, however, that
this Section 8 shall not apply to any case in which the Carrier involved is the plaintiff or the moving party in the action
in which the aforesaid determination is made or in which case such Carrier acts in collusion with any employee; Provided,
further, that the aforementioned liability shall not extend to the expense to the Carrier in defending suits by employees
whose seniority and employment are terminated by the Carrier under the provisions of this Agreement.
employee whose employment is terminated as a result of non-compliance with the provisions of this Agreement shall be regarded
as having terminated his employee relationship for vacation purposes.
(A)The Carrier party to this Agreement
shall periodically deduct from the wages of employees subject to this Agreement periodic dues, initiation fees, and assessments
(not including fines and penalties) uniformly required as a condition of acquiring and retaining membership in such Organization,
and shall pay the amount so deducted to such officer of the Organization as the organization shall designate; Provided, however,
that the requirements of this Subsection (A) shall not be effective with respect to any individual employee until he shall
have furnished the Carrier with a written assignment to the Organization of such membership dues, initiation fees and assessments
which assignment shall be revocable in writing after the expiration of one year or upon the termination of this Agreement
whichever occurs sooner.
(B)The provisions of Subsection
(A) of this Section shall not become effective unless and until the Carrier and the Organization shall, as a result of further
negotiations pursuant to the recommendations of Emergency Board No. 98, agree upon the terms and conditions under which such
provisions shall be applied; such agreement to include, but not be restricted to, the means of making said deductions, the
amounts to be deducted, the form, procurement and filing of authorization certificates, the frequency of deductions, the priority
of said deductions with other deductions now or hereafter authorized, the payment and distributions of amounts withheld and
any other matters pertinent thereto.
B.The General Chairman will
represent all yardmasters in the making of contracts, rules, rates and working conditions and interpretations thereof, so
long as he represents yardmasters under the provisions of the Railway Labor Act, amended, or future amendments thereof.
C.The right of any yardmaster
to have regularly constituted officer of his Organization represent him in the handling of his grievance is conceded.
(A)The purpose of this Agreement is to combine into one document former Agreements and
add thereto applicable local and national Agreements which revise or supplement the former Agreements.
(B)It is and has been the policy of the parties signatory hereto that the provisions
of this agreement be applied to all employees covered by this agreement without regard to race, creed, color, age, sex or
(C)If any Agreement or Agreements have been omitted from this Schedule by oversight,
it is agreed between the parties that failure to include same will in no way waive, modify or abrogate them, provided such
omission is brought to the attention of the parties within twelve (12) months of the date of this Agreement.After twelve (12) months from date of this Agreement, such Agreements as may be discovered will be recognized
only by mutual agreement of the signatory parties.
(D)This Agreement reached between the Management of the Carriers signatory hereto and
the General Chairmen of the United Transportation Union - Yardmaster Department representing yardmasters shall remain in effect
until revised or changed in accordance with the provisions of the Railway Labor Act, as amended.
Signed at Norfolk, VA this__________day of_______________, 2000.
___________________________Cincinnati, New Orleans & Texas
B. Headrick, Jr.Pacific Railway Company
General ChairmanAlabama Great Southern Railroad
Transportation UnionCo. (Including the NO&NE Dist)
New Orleans Terminal Company
United Transportation Union
following Agreements will not be reproduced herein, but remain in effect:
1.January 30, 1981Memorandum Agreements concerning yardmaster positions
at Bulls Gap, Tennessee, Chalmette, Louisiana and John Sevier Yard (Main tower), Knoxville Tennessee.
2.December 1, 1998Implementing Agreement pursuant to Surface Transportation Board Finance Docket No. 33388(Acquisitionof control and division of operation of Conrail).
GROUP I - $188 per
GROUP I (continued)
N. Kansas City, MO
St. Louis, MO
Chicago, IL / Burns Harbor, IN
Fort Wayne, IN
GROUP II - $183 per day
GROUP II (continued)
Abrams/King of Prussia
New Orleans, LA
Portlock Yard, VA
GROUP III - $178 per day
Grand Rapids, MI
Rule 5 Section 1 Seniority.
of Seniority. It is agreed that, effective this date, the last sentence of Rule 5, Section 1(A)(2) will also apply to Section
(1)(A)(1) so that the seniority date of yardmasters establishing seniority under the provisions of either (A)(1) or (A)(2)
will "....date from the first day of yardmaster training."
Temporary Vacancies - Hollidays,
Rule 8. Signed 5/28/2000
8, Section 1 (C)(6) of the stepsto be followed when filling temporary Yardmaster
vacancies on holidays.
agreed that such vacancies would be filled in the following order on holidays.
Guaranteed extra board (GEB) (without 5 starts in that work week).
Unassigned (extra) yardmaster (without 5 starts in that work week}.
Senior available yardmaster who has requested extra work in writing will be called in seniority order. If no one volunteers
to fill vacancy, junior available yardmaster will fill it.
Chicago Terminal Agreement. Signed 5/4/2002
It is agreed that yardmasters at Chicago will protect vacancies at Burns Harbor, IN and Kankakee, IN in the manner described in Rule 8 of the Schedule
Agreement. BurnsHarbor and Kankakee will be treated as part of the Chicago Terminal. Positions at these locations will be paid the Group I rate of pay.
Yardmasters filling temporary vacancies at Burns Harbor, IN will be paid a forty-five minute travel allowance. Yardmasters filling vacancies at Kankakee, IL will be paid a seventy-five
minute travel allowance. This travel allowance is for travel time in lieuof
mileage reimbursement allowance as described below.
a yardmaster is claiming a temporary vacancy under Rule 8(A) a maximum of one allowance for travel time at the straight time
rate will be paid to the vacancy on the first day and from the vacancy on the last day of the vacancy. One allowance in each
direction will be paid for each trip to and from a vacancy that is filled from the extra board.
Agreement will remain in effect until changed with the provisions of the Railway Labor Act, as amended.
St. Louis Terminal - Wentzville local Agreement Signed 5/28/2000.
It is understood that when a yardmaster from the Guaranteed Extra Board is used to fill a non-agreement vacancy at Wentzville, MO, they will be compensated
one (1) hour straight time for travel, plus the applicable mileage rate computed from LutherTower to WentzvilleTower.
When a yardmaster from the GEB is used to fill a non-agreement vacancy at Berkeley, MO they will be compensated at the applicable mileage
rate computed from LutherTower to Berkeley Yard Office.
of this letter of Understanding may be changed when mutually to by local carrier and the organization representative.
This letter of Understanding is without prejudice to the position of either party on any matter and may be cancelled by
either party upon serving fifteen (15) days written notice. 5/01/02