5 OPS
JUNE 25, 1964
AGREEMENT
DATED JUNE 25, 1964
BETWEEN CARRIERS REPRESENTED BY THE
NATIONAL RAILWAY LABOR CONFERENCE
and the
EASTERN, WESTERN AND SOUTHEASTERN CARRIERS’
CONFERENCE COMMITTEES
AND THE EMPLOYEES OF SUCH CARRIERS REPRESENTED BY
THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS
BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN
ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN
BROTHERHOOD OF RAILROAD TRAINMEN
and
SWITCHMEN’S UNION OF NORTH AMERICA
A G R E E MENT
This Agreement made this 25th day of June 1964, by and between the participating carriers listed in Exhibits A,B and C attached hereto and made a part hereof and represented by the National Railway Labor Conference and the Eastern, Western and Southeastern Carriers’ Conference Committees, and the employees of such carriers shown thereon and represented by The Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen, and the Switchmen’s Union of North America.
IT IS HEREBY AGREED:
Section 1 ‑
Holiday provisions currently applicable to regularly assigned and extra yard ground service employees (conductors (foremen), brakemen (helpers), switchtenders and car retarder operators) are unchanged. except in the following respects:
For purposes of this Agreement, the workweek for extra yard service employees shall be Monday through Friday, both days inclusive. If the holiday falls on Friday, Monday of the succeeding week shall be considered the workday immediately following. If the holiday falls on Monday, Friday of the preceding week shall be considered the workday immediately preceding the holiday.
NOTE: This workweek shall not be applied to extra yard service employees who have scheduled days off other than Saturday and Sunday, in which event the same principles outlined above will apply in determining the workdays immediately preceding and following the holiday.
Yard service employees who work on any of the seven specified holidays shall be paid at the rate of time and one-half for all services performed on the holiday, with a minimum of one and one-half times the rate for the basic day.
Section 2 ‑
The following provisions shall apply to regularly assigned engineers. firemen. hostlers and hostler helpers represented by an organization party hereto in yard service, and regularly assigned road service employees paid on a daily basis:
Only one basic day’s pay shall be paid for the holiday irrespective of the number of shifts or trips worked.
NOTE : When any of the above-listed holidays fall on Sunday, the day observed by the State or Nation shall be considered the holiday.
Section 3 ‑
The following provisions shall apply to extra engineers, firemen, hostlers and hostler helpers represented by an organization party hereto on seniority rosters that confine exercise of seniority to a particular yard or yards.
if any of the above-designated holidays falls on a workday of the workweek as defined in paragraph (c) hereof.
Only one basic day’s pay shall be paid for the holiday irrespective of the number of shifts worked. If more than one shift is worked on the holiday, the allowance of one basic day’s pay shall be at the rate of pay of the first tour of duty worked.
NOTE: When any of the above-listed holidays falls on Sunday, the day observed by the State or Nation shall be considered the holiday.
NOTE: For the purpose of Section 3(b) (1), (2) and (3), an extra yard service employee will be deemed to be available if he is ready for yard service and does not lay off of his own accord, or if he is required by the carrier to perform other service within that yard in accordance with rules and practices on the carrier.
NOTE: This work week shall not be applied to extra yard service employees who have scheduled days off other than Saturday and Sunday, in which event the same principles outlined above will apply in determining the work days immediately preceding and following the holiday.
NOTE 1: An employee subject to this Section 3 whose service status changes from an extra yard service employee to a regularly assigned yard service employee or vice versa on one of the qualifying days shall receive the basic day’s pay provided in paragraph (a) of Section 3 provided
NOTE 2: The term “yard service” as used herein applies only to yard service paid for on an hourly or daily basis and subject to yard rules and working conditions.
Section 1 ‑
When the carrier ties up a road service crew (except short turnaround passenger crews), or individual members thereof, at a terminal (including tie-up points named by assignment bulletins, or presently listed in schedule agreements, or observed by practice, as regular points for tying up crews) other than the designated home terminal of the crew assignment for four (4) hours or more, each member of the crew so tied up shall be provided suitable lodging at the carrier’s expense or an equitable allowance in lieu thereof. Suitable lodging or an equitable allowance in lieu thereof shall be worked out on a local basis. The equitable allowance shall be provided only if it is not reasonably possible to provide lodging.
If an allowance is being made In lieu of lodging as well as other considerations under provisions of existing agreements. the amount attributed only to lodging shall be removed it suitable lodging is supplied. or offset against an equivalent allowance. This shall he worked out on a local basis.
The provisions of this Section shall be made effective at a date no later than 30 days following the effective date of this Agreement.
Section 2 ‑
When the carrier ties up a road service crew (except short turnaround passenger crews), or individual members thereof, at a terminal (as defined in Section 1 of this Article II) other than the designated home terminal for four (4) hours or more, each member of the crew so tied up shall receive a meal allowance of $1.50
NOTE: For the purposes of Sections 1 and 2 of this. Article II, extra board employees shall be provided with lodgings and meal allowance in accordance with, the rule governing the granting of such allowance to the crew they join: that is, the designated home terminal will be the designated terminal of the crew assignment.
The following shall govern the manning of self‑propelled vehicles or machines by train service employees’ conductors and brakemen used in the maintenance, repair, construction or inspection work:
(a) Road Service ‑ A conductor will be employed on on‑rail self‑propelled vehicles or machine when operating in main line territory, provided such machines are equipped with a drawbar and are operating under train orders.
NOTE 1: Self‑propelled machines for the purpose of this Article means such equipment operated on rails.
NOTE 2: Drawbar means a device capable of being used in moving standard freight cars.
NOTE 3: Mainline territory means main line and branch lines in Road Territory outside of Switching limits but not spurs or the like.
NOTE 4: Train orders is used in the vernacular of trainmen as defined in the Operating Book of Rules.
(b) Yard Service ‑ A yard conductor (foremen) will be employed on on‑rail self‑propelled vehicles or machines operating within general switching limits provided such machines have sufficient power to move freight cars; and, if more than two cars are handled at any one time a yard brakeman (helper) will also be employed.
This provision will not apply to the operation of self‑propelled vehicles or machines in confined areas such as shop tracks, supply areas tie yards and so forth except that with respect to such self‑propelled machines now working in the confined areas where rules or practices require the employment of a yard ground man, such rules and practices are preserved and the yard conductor’s (foreman’s) rate will apply to this service.
Section 2 ‑
Rules or practices under which a locomotive engineer, or fireman where presently required, is employed on on‑rail self‑propelled vehicles or machines for the purpose of operating the machine in the performance of all the work for which such machines are designed are retained.
Section 3 ‑
Except under the conditions herein specifically prescribed, operating employees need not be used on self‑propelled vehicles or machines. It should be noted in addition that this Agreement does not alter any existing rules or practices except as specifically stated herein.
Section 4 ‑
Every employee deprived of employment as the immediate and proximate application of this rule, shall be entitled to the schedule of allowances set forth in Section 7(a) of the Washington Agreement of May 21, 1936; or to the option of choosing the lump‑sum separation allowance set forth In Section 9 of said Agreement, In addition to the foregoing employees who do not elect to accept the lump‑sum separation allowance set forth in Section 9 of said Agreement, if qualified, may elect within one year from the date of their furlough to prepare themselves far some other occupation for which training is available (of the type approved by the Veterans Administration under the Veterans’ Readjustment Assistance Act of 1952). with the carrier paying 75 per cent of the tuition costs of such training for a period not exceeding two years. Whenever and to the extent that the United States Government makes provisions for retraining out of public funds, the obligation of the carrier shall be reduced correspondingly. Those employees who elect to accept the lump‑sum separation allowance met forth in Section 9 of the Washington Agreement of Key 210 1936 will not be entitled to retraining benefits.
Section 5 ‑
Nothing contained in this Article III shall be construed to require the employment of engine and train service employees where not now required.
Section 1 ‑ Road Service
The application of any wage increases which become effective before January 1, 1968 will be limited to basic daily rates and shall not apply to existing mileage rates.
Section 2 ‑ Yard Ground Service
| Pro Rate | ||
|---|---|---|
| Position | Hourly Rate | Daily Rate |
| Yard Foremen (Conductors) | $3.10 | $24.80 |
| Yard Helpers (Brakemen) | $2.90 | $23.20 |
| Switchtenders | $2.65 | $21.20 |
| Car Retarder Operators | $3.20 | $25.60 |
Section 3 ‑ Yard Engine Service ‑
Those increases will be applied to yard engine service employees who my hereafter elect to adopt the five-day work week on a railroad by railroad basis, or on that part of a railroad. where there are more than one General Committee. In the event one or more General Committees elect to adopt the five-day work week, the basic rates of yard engine service employees who are not on a five-day work week are not changed hereby, except that the 32 cents per day holiday adjustment applicable to yard engine service employees represented by the Brotherhood of Locomotive Engineers shall no longer be deductible,
WEIGHT ON DRIVERS
(Pounds)
| All Territories (a) | ||
|---|---|---|
| Gross Ton Miles | Engineers | Fireman (Helpers) |
| Less than 140,000 | $25.35 | $21.98 |
| 140,000 and less than 200,000 | $25.87 | $22.13 |
| 200,000 and less than 250,000 | $26.07 | $22.34 |
| 250,000 and less than 300,000 | $26.25 | $22.54 |
| 300,000 and less than 350,000 | $26.43 | $22.87 |
| 350,000 and less than 400,000 | $25.69 | $22.96 |
| 400,000 and less than 450,000 | $26.04 | $23.15 |
| 450,000 and less than 500,000 | $27.49 | $23.35 |
| 500,000 and less than 550,000 | $27.44 | $23.54 |
| 550,000 and less than 600,000 | $27.66 | $23.73 |
| 600,000 and less than 650,000 | $27.87 | $23.92 |
| 650,000 and less than 700,000 | $28.09 | $24.11 |
| 700,000 and less than 750,000 | $26.11 | $24.31 |
| 750,000 and less than 800,000 | $28.52 | $24.50 |
| 800,000 and less than 850,000 | $28.74 | $24.69 |
| 850,000 and less than 900,000 | $28.95 | $24.88 |
| 900,000 and less than 950,000 | $29.17 | $25.07 |
| 950,000 and less than 1,000,000 | $29.39 | $25.27 |
| 1,000,000 pounds and over . . . . with 21 1/2 cents with 19 cents added for each added for each add’l 50,000 lbs. or fraction thereof. | ||
| Gross Ton Miles | Engineers | Firemen (Helpers) | |
|---|---|---|---|
| East and Southeast (b) | West (c) | All Territories | |
| Less than 275,000 | $27.33 | $27.24 | $23.21 |
| 275,000 and less than 500,000 | $27.62 | $23.53 | |
| 500,000 and less than 550,000 | $27.91 | $23.69 | |
| 550,000 and less than 600,000 | $28.20 | $23.74 | |
| 600,000 and less than 650,000 | $28.49 | $23.93 | |
| 650,000 and less than 700,000 | $28.77 | $24.13 | |
| 700,000 and less than 750,000 | $29.06 | $25.71 | $24.32 |
| 750,000 and less than 800,000 | $29.35 | $24.51 | |
| 800,000 and less than 850,000 | $29.64 | $24.70 | |
| 850,000 and less than 900,000 | $29.93 | $24.89 | |
| 900,000 and less than 950,000 | $30.21 | $25.09 | |
| 950,000 and less than 1,000,000 | $30.50 | $25.28 | |
| 1,000,000 and over | with 29 cents added for each add’l 150,000 lbs. or fraction thereof | with 19 cents added for each add’l 150,000 lbs. or fraction thereof | |
| Position | Represented by BLE | Represented by BLF&E |
|---|---|---|
| Outside Hostlers | $22.82 | $23.33 |
| Inside Hostlers | $21.95 | $22.47 |
| Outside Hostler Helpers | $21.17 | $21.68 |
Section 4 ‑
The increases herein provided shall be effective. subject to Article VIII hereof, as of May 7. 1964 except that the increases which are contingent upon adoption of a five‑day workweek will be applied on the date the five‑day work week agreement becomes effective.
This agreement is subject to approval of the Courts with respect to Carriers in the Lands of Receivers or Trustees.
Signed this 25th day of June, 1964.
For the participating carriers listed in Exhibit A:
Chairman
( END OF AGREEMENTS DOCUMENT )
The last yard crew assignment in a yard, or on a shift where more than one yard assignment is employed. may be discontinued under the following conditions (Yard as used herein is defined to mean a common terminal point where a seniority roster for yard ground men is maintained.)
In the case of a yard crew assignment on a particular shift (in yards where more than one yard crew is operated), such yard crew assignment may be discontinued if a joint study indicates that there is an average of more than four hours switching within the spread of 12 hours for ten consecutive working days. This spread to begin at the starting time of the yard crew assignment which the carrier seeks to discontinue. In computing the time engaged in switching, only the time consumed by the yard engine the carrier seeks to discontinue will be considered. subject to the provisions of section 10 hereof. The same formula will to adhered to in the restoration of the discontinued assignment, using the second twelve‑hour period as set forth in section 5.
NOTE : The studies referred to in this Section 1 shall be conducted in the following manner:
Where a carrier proposes to discontinue the last yard crew assignment in a yard or on a shift where more than one yard assignment is employed. it shall give ten (10) days’ written notice of the proposed discontinuance to the representatives of the employees involved, advising the names of the carrier’s officials who are designated as its representatives for the purpose of the study. and the date on which the study will begin. At anytime prior to the date the study is to begin, the representatives of the employees involved shall advise the carrier of the names of their representatives for the purpose of the study. If such representatives are not so named, or fail to participate, the study may be conducted by the representatives of the carrier. In either event, the result of the study shall be binding on the parties for the purpose of this rule.
The same procedure will to adhered to in conducting studies proposed by the representatives of the employees for the restoration of assignments that have been discontinued under the provisions of this Section 1.
The Interdivisional runs issue shall be submitted to a committee, established on a national basis, of which the public members shall he Dr. George W. Taylor and Mr. Theodore W. Kheel. Procedures for mediation to a conclusion shall be established by the public members.
Any disputes involving the interpretation or application of this Agreement shall be settled by the parties in accordance with the established procedures therefor, including the creation of Special Boards of Adjustment and other procedures of Section 3 of the Railway Labor Act.
This agreement shall become effective upon ratification by all of the organizations signatory hereto except that upon such ratification the adjustments in rates of pay provided by Article IV shall be effective an of May 7, 1964, and the requirements of Section 1 of Article II with respect to the furnishing of suitable lodging or an equitable allowance in lieu thereof shall be made effective at a date no later than 30 days following such ratification.
This agreement is in settlement of the dispute growing out of notices served by the carriers listed in Exhibits A,B, and C on or about November 2. 1959, and by the organizations signatory hereto on September 7. 1960, as implemented by notices of April 6, 1961, not including issues disposed of by the Award of Arbitration Board No. 282, and shall remain in effect until changed or modified in accordance with the provisions of the Railway Labor Act, as amended, except that rates for miles in excess of those comprising the basic day shall remain‑unchanged until January 1, 1968.
This agreement shall be construed as a separate agreement by and on behalf of each carrier party hereto end those employees represented respectively by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen, and The Switchmen’s Union of North America, as heretofore stated; and shall remain in effect until changed or modified in accordance with the provisions of the Railway Labor Art, as amended.
