Subject to the conditions set forth in this agreement, mileage regulations and equalization shall be established for trainmen in freight service, as hereinafter set forth, effective September 1, 1969.
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1. All payments claimed by employees in freight service which, under schedule agreement, are paid for in miles or hours will be taken into account in applying this agreement.
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2. The maximum miles for trainmen during a checking period will be 4,000 (freight) miles with Rules 40(d) and 21(c) to apply and all penalty miles to be registered.
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3. A checking period will be for a period of one month.
On the effective date of this agreement all trainmen will be listed alphabetically and divided into four equal groups to determine their respective checking periods.
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4. A book will be maintained at each freight home terminal where an extra board is maintained, in which employees working out of such point will register their accumulated mileage for freight service prior to their checking period.
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5. Employees in freight service will register 100 miles per day for each day of vacation.
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6. Employees will be held responsible for correctly registering and reporting aggregate miles accumulated during their checking period. All disputed time claims (declined by the timekeeping bureau) will be disregarded in their entirety.
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7. Employees who attain the maximum miles during a checking period will make a written request to the crew dispatcher and Trainmaster to be relieved. Employees working at outside points will anticipate the need for relief and make request in the usual manner.
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8. An employee who fails to make a written request to be relieved upon attaining maximum mileage will be penalized two miles for one for each mile in excess of the maximum, except as provided in Section 9. The employee’s maximum mileage in the subsequent checking period will be reduced accordingly.
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9. The penalty provisions of Section 8 will not apply if the employee has made a written request to be relieved and the request is rejected due to a shortage of extra employees. An appropriate notation will be made and retained for inspection by the Local Chairmen.
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10. In the event of recurring failures, the penalty will increase from two-to-one to five-to-one upon advice from the Local Chairmen. Recurring failures include all failures after the second failure, whether consecutive or not.
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11. The Local Chairmen shall notify the crew dispatcher regarding any employee to be withheld from service under Sections 8 and 10. No employee will be withheld until consulted regarding mileage. The Carrier is absolved from time claims resulting from Local Chairmen error.
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12. An employee who has not reached the maximum miles may begin a trip during which the maximum is reached or exceeded without penalty. Excess miles will be carried into the succeeding checking period.
Example: An employee accumulates 3,950 miles and then runs an additional 300 miles, totaling 4,250 miles. The next checking period begins with a carry-over of 250 miles.
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13. Where all employees holding train service seniority have been returned to the working list, mileage may be increased by agreement between the Superintendent and Local Chairmen when business justifies.
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14. The provisions of this agreement will not be construed as establishing any guarantee.
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15. A statement of mileage paid to all employees will be furnished to each Local Chairman by the Company for each semi-monthly period (I.B.M.).
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16. Extra employees who have attained their maximum miles will not be used to relieve regularly assigned employees who have also attained their maximum miles.
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17. The Company will not be penalized in any manner in the application of this agreement.
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18. This agreement is effective September 1, 1969 and may be terminated upon ten (10) days’ written notice by any signatory party to the other two.
Dated at Omaha, Nebraska this 13th day of August, 1969.