Article V Manning Of Must Fill Positions
ARTICLE V – MANNING OF CERTAIN VACANCIES ON ROAD AND YARD MUST-FILL POSITIONS
Section 1. The Five Day Work Week (“Supplement”) Yardmen(Item6(B) of the Yard Schedule effective November 1, 1972) is amended by the addition of the following to Section 12(g):
(a) Must-Fill Yard Vacancy. When there are no protected yardmen furloughed and no extra yardmen available on the extra board and there is a known must-fill yard vacancy, the junior available protected yard helper holding a blankable yard helper position in the same starting time bracket at the same starting point within the terminal will be required to fill the must-fill position for one tour of duty. If no protected yard helper is holding a blankable yard helper position in the same starting time bracket at the same starting point, the junior available protected yard helper holding a blankable yard helper position in the same starting time bracket at another starting point within the terminal will be required to fill the must-fill position for one tour of duty.
Available, protected helpers required to fill a position in accordance with this Section (1)(a) will be paid an allowance of three (3) hours at the pro rata rate in addition to all other earnings. If a protected yardman is not used on the vacancy for which held, such yardman will be paid loss of earnings in lieu of such allowance. This shall not be construed as allowing the moving of a yard helper from a blankable position in one starting time bracket to a must-fill position in another starting time bracket.
NOTE 1: This amendment shall be titled 12(g)(l)(a). The present 12(g)(l) shall be titled 12(g)(l)(b).
NOTE 2: In applying Section 12(g), 12(g)(l)(a) shall be applied before 12(g)(l)(b).
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Q-1: Does the wording in Article V, Section 1(a), reading “same starting time bracket” mean the time periods referred to in existing starting time rules?
A-1: Yes.
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Q-2: If the yard extra board consisted of one protected yardman first out and no other extra board yardmen available and a blankable vacancy existed on the 6:30 a.m. assignment and a must-fill vacancy on the 8:00 a.m. assignment, how would the extra yardman be handled?
A-2: The protected extra yardman would be called for the 6:30 a.m. blankable assignment and, if he is then the junior employee working a blankable vacancy in the same starting time bracket, he would be held back to the 8:00 a.m. assignment and allowed the three hours penalty.
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Q-3: May an extra protected yardman be held for a known must-fill vacancy outside the starting time bracket for which he stood?
A-3: No.
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Q-4: There is a must-fill vacancy and a blankable vacancy on a 3:30 p.m. assignment and also a must-fill vacancy on a 4:00 p.m. assignment. How would these vacancies be filled from the extra board that is lined up with a protected extra yardman first-out, a non-protected extra yardman second-out and a protected extra yardman third-out?
A-4: The first-out protected extra yardman would be called for the must-fill 3:30 p.m. vacancy; the third-out protected extra yardman would be called for the 3:30 p.m. blankable vacancy; and the second-out non-protected extra yardman would be called for the 4:00 p.m. must-fill vacancy, as the non-protected extra yardman would have no right to a blankable vacancy.
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Q-5: Under the foregoing example, if the extra board was lined up with the first two as protected extra yardmen and the third as a non-protected extra yardman, how would such vacancies be filled?
A-5: The 3:30 p.m. must-fill and the 3:30 p.m. blankable vacancy would be filled by the first- and second-out protected extra yardmen, and the 4:00 p.m. must-fill vacancy by the third-out non-protected extra yardman.
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Q-6: In reference to second yardmen positions, how will extra engines be treated?
A-6: The terms of this Crew Consist Agreement apply to both regular and extra yard assignments.
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Q-7: What is the meaning of the word “terminal” as used in Article V, Section 1(a)?
A-7: The term “terminal” applies to the entire geographical territory encompassed within the switching limits of a given location. Kansas City Terminal, for example, contains a number of yards.
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Q-8: Is the Carrier permitted to require a yardman to move from one yard to another to fill a must-fill position?
A-8: No, except within the same terminal limits.
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Q-9: If the Carrier requires a yardman to move from one yard to another yard within the same terminal limits to fill a must-fill position, will the Carrier furnish transportation?
A-9: Yes, if requested.
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Q-10: If there are four jobs each with two vacancies, one must-fill and one blankable on each job, and the jobs have the same starting time, how will these vacancies be filled?
A-10: The following example sets forth the procedure to be used.
| Job |
Time |
Board Position |
Status |
Vacancy 1 |
Vacancy 2 |
| Job 101 |
8:00 A.M. |
(1) |
P |
B/H (1) |
B/H (2) |
| Job 102 |
8:00 A.M. |
(2) |
P |
B/H (3) |
B/H (4) |
| Job 103 |
8:00 A.M. |
(3) |
NP |
B/H (5) |
B/H (7) |
| Job 104 |
8:00 A.M. |
(4) |
P |
B/H (6) |
B/H (9) |
|
(5) |
NP |
|
|
(6) |
NP |
|
|
(7) |
P |
|
|
(8) |
NP |
|
|
(9) |
P |
|
- Q-ll: If there are four jobs with the same on-duty time and the following vacancies, how will these jobs be filled?
A-ll: The following example sets forth the procedure to be used:
| On-Duty Job |
Time |
Extra Board |
Status |
Filling Vacancies |
| Job 101 |
8:00 A.M. |
(1) |
P |
Regular B/H (1) |
| Job 102 |
8:00 A.M. |
(2) |
P |
B/H (2), B/H (4) |
| Job 103 |
8:00 A.M. |
(3) |
NP |
B/H (3), B/H (7) |
| Job 104 |
8:00 A.M. |
(4) |
P |
Regular B/H (9) |
|
(5) |
NP |
|
|
(6) |
NP |
|
|
(7) |
P |
|
|
(8) |
NP |
|
|
(9) |
P |
|
Section 2
(a) Must-Fill Road Vacancy at Extra Board Point. When there are no protected brakemen furloughed and no extra brakemen available and there is a known must-fill road vacancy, the most junior available road brakeman holding a road brakeman position at that location will be stepped up to fill the position for one trip or tour of duty.
(b) Must-Fill Vacancy at Far Terminal. At the away-from-home terminal, if there is a known must-fill brakeman’s vacancy on the first-out pool freight crew, a brakeman (regular or extra) from the following turn will be stepped up to the must-fill vacancy and returned to his regular turn or extra board position upon arrival at the home terminal. The extra brakeman will be placed back on the extra board in his relative position as if he had not been stepped up.
In all cases, seniority will govern as to which employee is stepped up; that is, the senior brakeman on the following turn will have his option if he desires to be stepped up.
In the application of this paragraph (b), it is understood that such trainmen will be used only on assignments operating to the home terminal and that subsequent trainmen will not be stepped up to fill a vacancy on a crew from which a trainman has been stepped up in order to make that crew a standard crew.
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Q-1: Is it the intent to reduce a standard crew at the away-from-home terminal when such crew is called for a train only requiring a reduced crew by deadheading the second trainman home?
A-1: No.
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Q-2: Under what conditions would a reduced crew out of the away-from-home terminal be returned to the home terminal as a standard crew?
A-2: As provided in Article IV.
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Q-3: Does this provision permit the Carrier to operate a reduced crew contrary to the provisions of the Agreement?
A-3: No.
(c) When a conductor is left without brakemen on his crew as a result of the Carrier stepping up brakeman/brakemen at the far terminal and there are no rested brakemen from the same source of supply to be stepped up (at the time he would normally be called), the conductor may be deadheaded home at that time. The conductor will not receive the special allowance but the Productivity Fund will be credited.
(d) Conductors will not be stepped up to be used as brakemen and will not be censured or disciplined for refusal to do so.
(e) A brakeman stepped up under this Section 2 will be paid the earnings of his original assignment or his stepped-up assignment, whichever is greater, plus an additional 50 miles.
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Q-1: Do the earnings of his original assignment or his stepped-up assignment, whichever is greater, mean all penalty payments including held time, arbitraries, etc.?
A-1: Yes.
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Q-2: Is it understood that when stepping up to fill a conductor’s vacancy at the far terminal that only working conductors will be stepped up and the stepped-up conductor will be compensated under the Conductor Used Off Assignment Agreement?
A-2: Yes.
Section 3
In the application of this Article V, employees who are not available to be stepped up or rearranged will not be censured or disciplined.
Section 4
Other than as provided in this Article V, Section 1, an employee will not be held for a must-fill vacancy.
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Q-1: A brakeman is not available to step up from a following turn at the away-from-home terminal. May a brakeman on a preceding turn be held for a must-fill vacancy on a following turn?
A-1: No.
Section 5 – Extra Board Regulations
(a) Extra lists will be regulated in accordance with existing rules and practices.
(b) The Carrier will maintain a sufficient number of employees to permit authorized lay-offs and to protect must-fill vacancies, vacations, personal leave days, and other extended vacancies.
The following questions and answers apply to Article V where combination extra boards are maintained:
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Q-1: There is a must-fill vacancy in road service and a must-fill vacancy in yard service with the same on-duty time. On which vacancy would the first-out employee on a combination road/yard extra board be used?
A-1: The first-out employee would have an election.
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Q-2: There is a must-fill vacancy in road service and a blankable vacancy in yard service with the same on-duty time and the first-out employee on the combination extra board is protected. On which vacancy will the protected employee be used?
A-2: The first-out employee would have an election, provided the second-out employee is also protected. However, if followed by a non-protected employee, the protected brakeman would be required to take the blankable vacancy.
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Q-3: There is a blankable vacancy in yard service and a blankable vacancy in road service with the same on-duty time and the first-out employee on the combination extra board is protected. On which vacancy will the protected employee be used?
A-3: The first-out protected employee will have an election.
