MARCH 4, 1968 ( CREW CONSIST MODIFICATIONS )

APPENDIX No. 9
Crew Consist
ODB-2336
Rule 34

AG R E E M E N T

between the

UNION PACIFIC RAILROAD COMPANY

and the

BROTHERHOOD OF RAILROAD

TRAINMEN

* * * * * *

CREW CONSIST - MODIFICATIONS

IT IS AGREED:

Section 1. Effective March 4, 1968, the following rules will be incorporated into the basic road-yard agreement:

(a) ''Freight Service-Crew Consist. A crew in all classes of road service, except (1) passenger service, (2) service with on-rail self-propelled machines provided that such on-rail self-propelled machines shall not handle, while in work, construction, repair inspection and maintenance work in excess of two standard freight cars, exclusive of idler car, at any one time, and (3) as otherwise provided in this agreement, shall consist of not less than two brakemen . "

(b) ''Passenger Service-Crew Consist: In passenger service on trains handling four or more cars, exclusive of official (business) car or cars, a crew shall consist of rot less than two brakemen. On trains handling less than four cars, exclusive of official (business) car or cars, at least one brakeman shall be used."

(c) ''Yard Service-Crew Consist: Except as otherwise provided in this agreement, a crew in yard service shall consist of a foreman and not less than two helpers.''

Section 2. Except as hereinafter provided, crews in road and yard service will be operated in accordance with the rules set forth in Section 1 hereof.

Section 3. Subject to the protective provisions of Section 6 hereof, the minimum crew consist as provided in Section 1(c) hereof may be reduced by one helper on the following yard crew assignments regardless of whether the assignment works five, six or seven days:

First shift yard assignment at Tacoma, Washington

First shift yard assignment at Baker, Oregon

First shift yard assignment at Pendleton, Oregon

NOTE 1: At times when a single yard assignment is maintained in any of the yards listed above, the engine may be worked with a foreman and one helper.

NOTE 2: At times when more than one assignment is maintained in any of the yards listed above, the first assignment starting work after midnight will be the assignment be worked with a foreman and one helper. The other assignment or assignments will he worked with not less than foreman and two helpers.

Section 4. Subject to the protective provisions of Section 6 hereof, the minimum crew consist as provided for in Section 1 (a) hereof may be reduced by one brakeman on the following road assignments:

LaGrande-Joseph Local

Moscow - Colfax Local

Crew consisting of conductor and one brakeman applies only if and when LaGrande-Elgin-LaGrande turnaround local is in operation. In the event the LaGrande-Elgin turnaround local is discontinued, the crews assigned to the LaGrande-Joseph local freight train service runs shall then consist of a conductor and two brakemen.

Section 5. Subject to the protective provisions of Section 6 hereof, the position of third brakeman may be reduced from the following road assignments:

Trains 681-684 between Portland and Seattle

Section 6. (a) Road brakemen and/or yardmen who establish seniority in their respective seniority districts on or prior to

March 1, 1968, shall be known and designated for the purposes of this agreement as ''protected employees."

(b) A ''non-protected employee'' for the purposes of this agreement is a road brakeman-yardman who establishes a seniority date in his respective seniority district on or after March 2, 1968.

(c) Protected employees will not be furloughed until reducible positions listed in Sections 3, 4 and 5 hereof are filled.

However, no protected employee shall have any right to fill jobs or positions that the Carrier may discontinue pursuant to the provisions of this agreement if other employment in other classes of road or yard service is available to him on his seniority district.

Section 7. Nothing herein shall be construed as limiting or restricting the Carrier's right to establish or discontinue crew assignments to conform with the needs of the service in accordance with the applicable rules and agreement.

Section 8. Existing provisions of agreement governing conditions under which individual assignments in road and/or yard service shall be established, discontinued or maintained shall be continued in effect without change, including the provisions of Article III - "Self-Propelled Machines" of the National Agreement of June 25, 1964.

Section 9. Except as herein specifically provided, nothing in this agreement shall be construed, interpreted or applied so as to change or modify the agreement dated August 25, 1964, as that agreement relates to the protection, reduction and restoration of positions of third brakemen on freight trains within the States of Washington and Oregon under the Crew Consist Agreement of August 25, 1964, and the protective dates for so-called "Protected" third brakemen under that agreement shall - as heretofore - be as follows:

State of Washington - December 8, 1966

State of Oregon - - January 25, 1964

Section 10. Nothing in this agreement shall prevent the Carrier from adding an additional position of road brakeman or an additional position of yard helper to any assignment when in its judgment the additional position is deemed necessary.

Section 11. This agreement cancels and supersedes the agreement dated at Portland, Oregon, August 25, 1964, except as provided in Section 9 hereof.

Section 12. This agreement shall become effective March 4, 1968, and is in settlement of the dispute growing out of the crew consist notices served by the Organization on July 6, 1965, and the crew consist notice served by the Carrier on December 27, 1965, and the promulgation notices issued February 5, 1968, and shall remain in effect until changed or modified in accordance with the provisions of the Railway Labor Act, as amended.

Dated at Salt Lake City, Utah, this 1st day of March, 1968.

FOR THE BROTHERHOOD: FOR THE UNION PACIFIC RAILROAD COMPANY:

OF RAILROAD TRAINMEN

S/ J. H. Watson S/ N. B. Beckley

General Chairman Assistant to Vice President

Labor Relations

A P P R 0 V E D:

S/ J. H. Shepherd Vice President, BRT