ARTICLE 10

DOUBLING ON GRADES

 

When firemen (helpers) in passenger service are required to double on grades, or run for fuel or water, ten miles will be allowed. In case the mileage exceeds ten miles, the actual mileage shall be allowed. On runs over 100 miles, actual time consumed in doubling to be added to the schedule of the train in computing overtime.


ARTICLE 11

MOUNTAIN DISTRICTS EXCESS MILEAGE


Between the following named points mileage in excess of actual distance between such points will be allowed, viz.:

Passenger Service Between: Excess

Roseville and Truckee 8 miles

Truckee and Roseville 8 miles

Bakersfield and Mojave 7 miles

Red Bluff and Dunsmuir 6 miles

Gerber and Dunsmuir 6 miles

Bakersfield and Los Angeles 5 miles


Freight Service Between :


Los Angeles and Mojave 5 miles

Mojave and Palmdale 2 miles

(Bakersfield-Colton Pool Freight Service Only)

Mojave and Bakersfield 7 miles

Sacramento and Truckee 32 miles

Truckee and Sacramento 32 miles

Roseville and Truckee 20 miles

Truckee and Roseville 20 miles

Roseville and Summit 17 miles

Roseville and Norden 17 miles

Norden and Roseville 17 miles

Colfax and Summit 10 miles

Colfax and Norden 10 miles

Colfax and Truckee 13 miles

Truckee and Colfax 13 miles

Red Bluff and Dunsmuir 39 miles

Gerber and Dunsmuir 39 miles

Dunsmuir and Ashland 31 miles

Dunsmuir and Hornbrook 29 miles

Hornbrook and Ashland 14 miles

Ashland and Roseburg 1 mile


Allowed mileage stated as per this Section will not be allowed on runs not covering the entire distance between points named nor in assigned helper service.

Question 46, Interpretation No. 1, Supplement No. 24:

Are schedule rules providing that constructive mileage be allowed on certain divisions, or portions of divisions, affected?

Decision: No.

 

ARTICLE 12

TRIP RATE FOR DIFFERENT SERVICES AND ON LOCOMOTIVES

OF DIFFERENT WEIGHTS AND MORE THAN ONE CLASS OF ROAD SERVICE

 

Section 1. Firemen (helpers) employed in any class of road service may be required to perform two or more classes of road service in a day or trip subject to the following terms and conditions:

A. Payment

1. Except as qualified by A-2 below and as provided in Section 2 of this Article, payment for the entire service shall be made at the highest rate applicable to any class of service performed, the overtime basis for the rate paid to apply for the entire trip. Not less than a minimum day will be paid for the combined service.

When two or more locomotives of different weight on drivers are used during a trip or day's work, the highest rate applicable to any engine used shall be paid to the fireman (helper) for the entire day or trip.

2. Firemen (helpers) in through freight and passenger service only shall receive full payment for the regular day or trip based on miles or hours applicable to the regular day or trip plus extra compensation on a minute basis for all additional time required in the other class of road service.

The rate paid both for the regular trip and for the additional time shall be the highest rate applicable to any class of service performed during the entire day or trip.

When two or more locomotives of different weight on drivers are used during a trip or day's work, the highest rate applicable to any engine shall be paid to the fireman (helper) for the entire day or trip.

Overtime rate shall apply to the extra compensation only to the extent that the additional service results in overtime for the entire day or trip or adds to overtime otherwise payable for hours required for the regular trip.

Examples for the application of this paragraph A-2 are:

(a) An employee in through freight service on a run of 100 miles is on duty a spread of eight (8) hours, including two (2) hours of another class of road service--employee will be paid 100 miles or eight (8) hours at pro rata rate for the trip plus two (2) hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(b) An employee in through freight service on a run of 100 miles is on duty a spread of nine (9) hours, including two (2) hours of another class of road service--employee will be paid 100 miles or eight (8) hours at pro rata rate for the trip plus one (1) hour at pro rata rate and one (1) hour at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(c) An employee in through freight service on a run of 100 miles is on duty a spread of ten (10) hours, including two (2) hours of another class of road service--employee will be paid 100 miles or eight (8) hours at pro rata rate for the entire trip plus two (2) hours at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(d) An employee in through freight service on a run of 100 miles is on duty a spread of twelve (12) hours, including two (2) hours of another class of road service--employee will be paid 100 miles or eight (8) hours at pro rata rate plus two (2) hours at time and one-half for the trip plus two (2) hours at time and one-half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(e) An employee in through freight service on a run of 150 miles is on duty a spread of ten (10) hours, including two (2) hours of another class of road service--employee will be paid 150 miles or twelve (12) hours at pro rata rate for the trip, plus two (2) hours at pro rata rate for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

B. This rule applies to:

1. Unassigned and/or assigned road service.

2. Another class of road service regardless of when notified, whether at time called, at the outset of, or during the tour of duty.

3. Passenger service, except that helper or pusher service not a part of the regular passenger assignment, or wreck or work train service, should not be required except in emergencies.

c. This rule does not involve the combining of road with yard service nor modify or set aside:

1. Lap-back or side trip rules except when a combination of service includes work, wreck, helper or pusher service and such movements are made in the performance of work, wreck, helper or pusher service.

2. Conversion rules.

3. Terminal switching and/or special terminal allowance rules.

Note: Any dispute arising as to the meaning or application of the provisions of the above section 1, shall be disposed of as provided for in Section 7, of the Arbitration Agreement dated July 17, 1952.

Section 2. It is understood that under the above rule excess mileage shown in Article 11 will not be paid unless service covers the entire specified territory.



ARTICLE 13

FREIGHT SERVICE



Section 1. (a) The minimum rate for firemen (helpers) in through

and irregular freight, pusher and helper, mine run or roustabout, belt line or transfer, work, wreck, construction, snowplow, circus train, messenger, light engines, trains established for the exclusive purpose of handling milk, and all other unclassified service, of eight hours or less, 100 miles or less, and miles made in excess of 100 pro rata, will be according to weight on drivers of locomotive and district on which used and will be paid for at the mileage rates provided for in APPENDIX "A".

Note: It is understood that it is not obligatory to use firemen to perform messenger service. When firemen are used, they will be taken from pool freight list.

Note: It is understood that the terms "pusher" and "helper" are synonymous, meaning "helper service".

(b) The minimum daily earnings from all sources, for each day to which service payments are credited, of firemen (helpers) in local freight, mine run, wreck, work, helper and road switcher (not including pool, chain gang, or converted) service, and not now subject to other guarantees, shall be the amount specified in Appendix "A".

Question 31, Interpretation No. 1, Supplement No. 24:

Where mine run, belt line, or transfer service, pusher and helper service, etc., was formerly paid yard rates, and is by this Article paid the same rates as through freight service, is such service now subject to road conditions, such as terminal switching allowances, final terminal delays, etc.?

Decision: No; but through freight rules as to mileage and road overtime will apply.

Question 36, Interpretation No. 1, Supplement No. 24:

Does this section place express trains, mail trains, etc., in unclassified service?

Decision: These trains are generally classed as passenger service, and the order does not change their former classification.

Section 2. On valley districts the minimum freight rate per day shall be: (see Appendix "A").

Section 3. On lines east of Sparks the minimum freight rate per day shall be: (See Appendix "A").

Section 4. Between Phoenix and Hassayampa, Phoenix and Maricopa, Phoenix and Christmas, Phoenix and Casaba, the minimum freight rate per day shall be: (See Appendix "A").

Section 5. Between Bowie and Miami, the minimum freight rate per day shall be: (See Appendix "A").

Section 6. On mountain districts, on trips 100 miles or less between Bakersfield and Los Angeles, Mojave and Owenyo, Bakersfield and Colton, Sacramento and Sparks, Gerber and Ashland, Dunsmuir and Klamath Falls, Klamath Falls and Wendel, including Lakeview Branch, Ashland and Roseburg, Eugene and Klamath Falls, Colton and Yuma, Los Angeles and Indio, including branches between Los Angeles and Indio, the minimum freight rate per day shall be: (see Appendix "A").

Between Roseville and Truckee: (see Appendix "A").

Section 7. (a) On mountain districts on trips over 100 miles between Bakersfield and Los Angeles, Mojave and Owenyo, Sacramento and Sparks, Gerber and Ashland, Dunsmuir and Klamath Falls, Klamath Falls and Wendel, including Lakeview Branch, Ashland and Roseburg, Eugene and Klamath Falls, Los Angeles and Indio, including branches between Los Angeles and Indio, the minimum freight rate per day shall be: (see Appendix "A").

Between Roseville and Truckee: (see Appendix "A").

(b) If a type of locomotive is introduced on a railroad which formerly was not in use on that railroad, and the rates herein provided are less than those in effect on other roads in the territory, the rates of the other roads shall be applied.

Question 30, Interpretation No. 1, Supplement No. 24:

Schedules of certain railroads provide differentials for divisions or portions thereof, or mountain or desert territory as compared with valley territory. Are such differentials preserved? If so, by what method?

Decision: Such differentials are preserved. Former methods of establishing when are required to be continued. Where expressed in specified amounts of money as compared with valley rates, the same amount of money differential will be continued.

 

ARTICLE 14

ASSIGNED TURNAROUND FREIGHT SERVICE

 

Section 1. Firemen (helpers) assigned to a series of branch freight, combination freight and passenger, or mixed runs, or established main line turnaround local freight service, will compute their time as a single trip. Bulletin will specify number of trips, name terminals and turning points and will definitely specify kind of service to be performed. In no case shall any portion of the assignment include trip or trips in helper service. (The last sentence of this paragraph is superseded by the More Than One Class of Road Service Award of Board of Arbitration No. 168 so long as the awarded rule remains in force and affect on this property.)

Note: Last sentence agreed to with the understanding that this will not set aside or supersede decisions wherein crews were used to push trains out of yard within yard limits.

Assignments covering a series of branch freight, combination freight and passenger, or mixed runs, or established main line turnaround local freight service on certain days of the week and straightaway service of the same classification on other days of the week, each of the trips of the week come within the provisions of this Article.

Section 2. Continuous time to be allowed from time fireman is required to report for duty on initial trip and to end upon completion of final trip of assignment, with a minimum of 100 miles. On runs of 100 miles or less, overtime will begin at the expiration of eight (8) hours. On assignments of over 100 miles, if the actual miles run are 100 miles or less, overtime will begin at the expiration of eight (8) hours; when the actual miles run exceed 100 miles, overtime will be in when the time on duty exceeds the miles run divided by twelve and one-half 12 ½); but in no case under the provisions of this paragraph will a fireman receive less than the mileage of the assignment, plus initial and terminal switching and/or terminal delay.

Section 3. Firemen (helpers) assigned under this rule who are required to perform work not a part of regular assignment, such as pulling trains into terminal account crew of which tied up under law, or account engine failure, or account shortage of fuel or water in locomotive, will be paid a minimum of 100 miles for each time so used in addition to assignment; in like manner, when firemen (helpers) en route are taken off assignment and required to bring engine or train to terminal, account crew of which tied up under law, or account engine failure, or shortage of fuel or water in locomotive, they will be paid a minimum of 100 miles for each time so used in addition to assignment. If used en route to make side trip off assigned territory and such trip covers a distance of more than twelve miles in one direction, a minimum of 100 miles will be allowed in addition to assignment. In each case rates and rules covering such service will govern. Actual time in other service will be excluded in computing overtime in assigned service. Under the above conditions, crew used to bring disabled train to terminal will compute time as a single trip from time of leaving assignment until return thereto, with a minimum of 100 miles.

Note: In cases where main track is obstructed due to derailments, engine failure, break-in-twos, and traffic is threatened with serious delay and assigned crews under this Article are used to assist in relieving obstruction, question of runarounds will be disposed of on their merits between representatives of the Company and firemen.

Section 4. Switching before beginning of first trip and after the completion of final trip will be computed separately and paid for at one-eighth (1/8th) of the daily rate applying to weight on drivers of locomotive, class of service, and district on the minute basis, irrespective of time on road. Switching time to be continuous from the time work is begun until it is completed and train coupled together. This time is not to be counted in computing road overtime; except that when the number of hours switching is not equal in money value to the sum of the money values of switching hours and road overtime hours, switching time shall not be paid for and the road overtime shall be calculated and paid for the same as if switching had not occurred.

Example-- Required to report at A 7:00 A.M.

Switches at A until 9:00 A.M.

Runs from A to B, returns A,

distance of 100 miles 3:00 P.M.

Switches at A until 5:00 P.M.

Relieved at A 5:00 P.M.

Compensation: 100 miles, plus 4 hours switching at one-eighth (1/8th) of daily rate. Such allowance being greater than two hours overtime at time and one-half.

Example-- Required to report at A 7:00 A.M.

Switches at A until 8:00 A.M.

Runs from A to B, returns to A 4:00 P.M.

Switches at A until 5:00 P.M.

Relieved at A 5:00 P.M.

Compensation; 100 miles, plus 2 hours overtime at three-sixteenths (3/16ths) of the daily rate per hour. In this case the money value of the road overtime at three-sixteenths (3/16ths) of the daily rate exceeds the allowance of two hours switching at one-eighth (1/8th) of the daily rate.

Note: Section 6 of Article 17 and examples thereunder shall apply to this Article.

Section 5. Assignments of firemen to three-legged trips with alternating layovers will be made under Section 1, and compensation will be under Sections 2, 3 and 4 of this Article (see Appendix "A").

 

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