ITEM ‑ 44(a)
FILLING OUTLYING VACANCIES FOR BRAKEMEN
CHEYENNE‑LARAMIE , INCLUDING
DENVER‑LARAMIE POOL
Section (1), "Extra
Brakeman", of Rule 43(b) of the current agreement between the Order of
Railway Conductors and Brakemen and the Brotherhood of Railroad Trainmen, effective
November 1,1957,reads as follows:
"Rule 43(b). Extra Brakeman. (1) Extra
brakemen will be run first in, first
out of
terminal where extra boards are
maintained,
except that when filling vacancy on a
run which
ties up at a point where no extra list
is
maintained, the extra brakeman will
remain on
the run until displaced by the regular
brakeman, except as provided in Rule
44."
Pertinent parts
of Rule 44, "Temporary Vacancies-Assigned Freight Service", read as
follows:
"Rule 44. Temporary Vacancies‑Assigned
Freight Service. (a)(1) All temporary
vacancies
in assigned freight service known to be
of more
than 5 days duration, or temporary
vacancies
that have been filled from the extra
board for
5 days will be assigned to senior
conductor or
brakeman making application on
therefor.
"(2) Extra conductors will not be assigned
to temporary vacancy until after it has
been
filled as provided by Rule 43.
"(3) Extra brakemen will not be assigned
to temporary vacancies known to be of
more than
5 days duration until the vacancy has
been
filled from the extra board for period
of 5
days.
"(b) Extra conductor or brakeman assigned
to a temporary vacancy in accordance
with
Section (a) of this rule, will remain
on the
vacancy until displaced through no
fault of his
own, unless he is senior applicant for
vacancy
occurring on another assignment.
* * * *
* * * *
"(e) Not more than one deadhead movement in
each direction will be paid in filling
a
temporary vacancy."
In accordance with the above‑quoted
sections of Rule 44, extra brakeman assigned to temporary vacancy is required
to remain on the vacancy until displaced through no fault of his own, or he is
the senior applicant for a vacancy occurring on another assignment.
It is agreed:
(1) When no applications are received
for a temporary vacancy on an assignment at an outlying point, the first out
extra brakeman will be called. On a 6 day assignment he will remain on the
vacancy until the first layover period or for a period of 6 days. On a 7 day
assignment, he will remain on the vacancy for a period of 7 days. The temporary
vacancy will be filled in this manner for each succeeding 6 or 7 day period, as
the case may be, until the regularly assigned brakeman returns to work.
(2)(a) Brakemen relieved as provided by
section (1) hereof will take position on extra board at home terminal per the
tie‑up time of the assignment.
(b) No brakeman will be required to
fill a temporary vacancy at an outlying point for two consecutive periods if
there are other extra brakemen available.
(c) Extra brakeman standing first out
will not lose his turn on the extra board because of the application of
paragraph (b) of this section (2).
(3) If it should be impractical to
relieve the brakeman at the end of the period, relief will be provided as soon
thereafter as conditions will permit.
(4) An extra brakeman who is first out on the extra board and
stands for a temporary vacancy, but misses a call, is not available for call'
or lays off on call, will upon reporting for service relieve the brakeman who
accepted the call if that brakeman is still occupying the outlying temporary
vacancy. This does not estop the management from administering such discipline
as it deems proper for missing a call.
(5) In filling temporary vacancy under
this agreement the first extra brakeman will be paid for deadheading to fill
the temporary vacancy and the last extra brakeman will be paid for deadheading
from the temporary vacancy, except when such deadheading is necessary account
mileage regulation rules.
(6) If an extra brakeman who is filling
a temporary vacancy at an outlying point is granted permission to lay off and
returns to work during his period, he will be required to return to the
temporary vacancy for the remainder of his period.
(7) This agreement will not operate to
penalize the Company in any way.
(8) This agreement will be effective as
of July 1, 1959, and may be terminated upon 10 days written notice by either
party upon the other.
NOTE: This Agreement is representative of the Agreements in
effect on the following Seniority Districts:
1st - CoBluffs to GrIsland & Branches (8/15/56)
2nd - GrIsland to NoPlatte (5/1/56)
3rd - NoPlatte to Sidney & Branches (2/l/56)
4th - Cheyenne to Sidney & Branches (5/1/56)
5th - Laramie to Rawlins (10/1/55)
6th - Green River to Ogden (6/15/55)
7th - Kan. City/Marysville/Junction City (9/15/55)
12th - Denver/Hugo/Ellis/Northern/Julesburg
(5/1/56)