RULE 106. Rule 106 Modification(a) When from any cause it becomes necessary to reduce the number of engineers on the engineers1 working lists on any seniority district, those taken off may, if they so elect, displace any fireman their junior on that seniority district under the following conditions:

(b) That no reductions will be made so long as those in assigned or extra passenger service are earning the equivalent of 4000 miles per month; in assigned, pooled or chain gang freight, or other service paying freight rates, are averaging the equivalent of 3200 miles per month; in extra freight or extra yard service are averaging the equivalent of 3850 miles per month.

That when reductions are made they shall be in reverse order of seniority.

(e) Engineers taken off under this rule shall be returned to service as engineers in the order of their seniority as engineers, and as soon as it can be shown that engineers in assigned or extra passenger service can earn the equivalent of 4800 miles per month; in assigned, pooled, chain gang or other regular service paying freight rates, the equivalent of 3800 miles per month; and in extra freight or extra yard service are averaging the equivalent of 3850 miles per month.

(d) In the regulation of passenger or other assigned service, sufficient men will be assigned to keep mileage or equivalent thereof within limitations of 4000 and 4800 miles for passenger service; 3200 and 3800 miles for other regular service and 3200 and 3850 miles in extra freight or extra yard service, as provided herein. If in any service, additional assignments would reduce earnings below these limits, regulations will be effected by requiring the regularly assigned man or men to lay off when the equivalent of 4800 miles in passenger, 3800 miles in other regular service, or 3800 miles in extra freight or extra yard service has been reached.

(e) If any engineer in assigned service exceeds his maximum miles or days in any 30 day working period the excess will be charged to his mileage or days in his following working period. This shall not apply to engineers who are required to exceed their maximum mileage due to a shortage of engineers.

(f) Engineers used in combination freight and passenger service will be permitted to make the equivalent of 3800 miles in freight service. This shall not be construed to modify the preceding paragraph regulating mileage of men in extra service. Passenger miles will be equated in freight miles on basis of 1-1/4 miles passenger equaling 1 mile freight.

Engineers used as such in both freight and passenger service during any month will be required to register their accumulated mileage in freight and passenger service, and failing to do so will not be entitled to their turn out. When equivalent to 3800 miles in freight service has been reached, such engineers will be withheld from service as engineers at request of Local Chairman. Engineers who exceed equivalent of 3800 miles as prescribed herein will have excess mileage charged against them in following month, except when required to exceed 3800 miles due to a shortage of engineers.

(g) In assigned yard service, regulation will be made by requiring each regularly assigned man to lay off when he has earned the equivalent of 38 days per month.

(h) When regulating working lists in the respective classes of service, each list will be handled separately.

(i) In the regulation of mileage neither the maximum nor the minimum is guaranteed,

_______________________________________________________

 

RULE 106 MODIFICATION

_______________________________________________________

January 10, 1976

 

E. G. Becker, General Chairman

Brotherhood of Locomotive Engineers

Omaha, Nebraska

 

Dear Sir:

This refers to our previous correspondence and conferences about mileage for pool freight engineers.

As a result of our discussions we now interpret that part of agreement dated November 28, 1969, reading:

"It is agreed that when pool freight boards are adjusted they will be adjusted to a mileage figure of 3500. That is, when the figures call for an addition to the board, or a decrease of the board, such addition or decrease will be made to bring the average mileage as near to 3500 as possible.

"The provisions of this agreement may be utilized on each seniority district at the option of the local committee representing the craft concerned." as pegging the minimum miles for engineers in pool freight service at 3500.

Please advise if you concur in this interpretation.