ITEM – 40 (C)

MILEAGE REGULATIONS:
SALINA‑KANSAS CITY SALINA‑ELLIS AND BRANCHES

Subject to the conditions set forth in this agreement, mileage regulations and equalization shal1 be established for trainmen in freight ser­vice as hereinafter set forth:

• Mileage Regulations: Salina–Kansas City, Salina–Ellis and Branches
• Subject to the conditions set forth in this agreement, mileage regulations and equalization shall be established for trainmen in freight service as follows:
• 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.
• 2. The maximum miles for trainmen during a checking period will be 4,050 freight miles, with Rule 40(d) to apply and all penalty miles to be registered. When 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.
• 3. All trainmen will be listed alphabetically and divided into four equal groups to determine their respective checking period, which will be for one (1) month.
• 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 freight service mileage prior to their checking period.
• 5. 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.
• 6. Employees who attain the maximum miles during a checking period must submit a written request to the crew dispatcher and trainmaster to be relieved. Employees working at outside points must anticipate the need for relief and request it in the usual manner.
• 7. An employee who fails to submit a written request for relief upon reaching maximum mileage will be penalized two (2) miles for one (1) mile for each mile in excess of the maximum, except as provided in Section 8. The employee’s maximum mileage in the next checking period will be reduced accordingly.
• 8. Penalties under Section 7 will not apply if the employee requested relief and the request was denied due to a shortage of extra employees. Such denial must be noted on the written request, and the employee will be relieved when qualified employees become available. This record will be retained for inspection by the Local Chairmen.

An employe who has attained his maximum mileage and submitted written request for relief who is thereafter used in emergency, need not register such emergency miles.

• 9. In the event of recurring failures as referred to in Section 7, the penalty of two (2) miles for one (1) mile will be increased to a penalty of five (5) miles for one (1) mile. This increased penalty will be applied upon advice from the Local Chairmen to the crew dispatcher, naming the individual employee to whom such penalty applies. Recurring failures mean all failures after the second failure; the first two failures need not be consecutive.
• 10.
  • (a) The Local Chairmen shall notify the crew dispatcher regarding any employee who is to be withheld from service under the penalty provisions of Sections 7 and 9. No employee will be withheld from service until they have been consulted regarding their mileage in the applicable checking period.
  • (b) The Carrier shall be absolved from time claims resulting from errors made by the Local Chairmen in withholding an employee from service due to mileage regulation.
• 11. In applying mileage limitations, an employee who has not yet reached the maximum mileage during a checking period may begin a trip during which the maximum mileage is reached or exceeded without penalty. Any excess miles will be carried over and added to the mileage in the succeeding checking period.

  Example: An employee accumulates 4,049 miles during a checking period and then makes another round trip of 300 miles, resulting in a total of 4,349 miles. The employee will begin the next checking period with a carry-over of 299 miles.

• 12. The provisions of this agreement shall not be construed as establishing any guarantee.
• 13. A statement of mileage paid to all employees will be furnished by the Company to each Local Chairman for each semi-monthly period (IBM).
• 14. Extra employees who have attained the maximum mileage in their checking period will not be used to relieve regularly assigned employees who have also attained their maximum mileage.
• 15. The Company shall not be penalized in any manner in the application of this agreement.
• 16. This agreement is effective July 1, 1974, and may be terminated upon ten (10) days’ written notice by either of the signatory parties to the other.

Dated at Omaha, Nebraska, this 7th day of June, 1974.