ARTICLE 19
TERMINALS
Section 1. The points shown below constitute all division or district terminals at which engine crews are usually changed, as defined by Article 2:
El Paso San Luis Obispo
Lordsburg San Jose (Western District
Nogales Freight Pool [A-2] Firemen only)
Tucson Oakland
Phoenix Roseville
Yuma Sparks
Globe Carlin
Colton (Bakersfield-Colton and Colton-Montello
Yuma Pool Freight Firemen only) Ogden
Indio (Los Angeles-Indio Pool Freight Mina
Firemen only) Keeler
Los Angeles Dunsmuir
Santa Barbara (Assigned Passenger Ashland
Service only) Klamath Falls
Owenyo (San Joaquin Division) Wendel
Bakersfield Roseburg
Fresno Eugene
Tracy Portland
San Francisco Tillamook
Watsonville Junction Coos Bay
Section 2. Should it become necessary at any time for operating or other reasons to discontinue or create any main line terminals, change in terminals will be considered as a proper reason for advertising such runs as are affected for seniority choice of firemen, and bulletins will be posted and assignments made as provided in Article 39. Other than main line terminals will not be established or maintained for pooled or extra men unless there is enough work for two or more crews between designated points.
ARTICLE 20
ROUSTABOUT SERVICE
Section 1. Firemen assigned to perform switching, assembling and distributing cars, may be
run in and out and through regular assigned terminals without regard for rules defining
the completion of trips. Time to be computed continuously from the time required to report
for duty until released at home or district terminal. Local freight rates will apply
according to weight on drivers of locomotive and district on which used. One hundred miles
or less, eight hours or less, to constitute a day. Assignments will be confined to a
radius of 100 miles, or if assignments should be in excess of 100 miles, overtime will be
paid on basis of eight hours. Overtime shall be paid for on the minute basis at an hourly
rate of three-sixteenths (3/16ths) of the daily rate, according to weight on drivers of
locomotive or other power used.
Section 2. Assignments of firemen to this service will be made by bulletining vacancies or new runs in accordance with rules in effect. Bulletin will designate one home terminal and time firemen will begin work.
Note: Firemen brought on duty in advance of the time specified in bulletin of assignment will be allowed a minimum of 100 miles for each time used, in addition to earnings of assignment. In each case rates and rules covering service performed will govern.
Section 3. Firemen required to go beyond limits of assignment will be allowed a minimum of 100 miles at the rate applying on the locomotive in the service and on the district where performed for each time so used. Time thus consumed to be excluded in computing overtime worked on regular assignment.
The above to apply to points listed below without prejudice to existing rules:
Coast District--Santa Cruz, Salinas, Guadalupe, Lompoc.
Stockton District-- Merced, Modesto, Turlock, Lodi.
San Joaquin District--Porterville, Oxnard.
Sacramento District--Marysville.
Los Angeles District--Brawley, El Centro, Calexico.
Western District--Santa Rosa.
1. It is understood men will be guaranteed mileage of their assignments, but this does not
change present basis of applying weekly guarantee.
2. It is further understood passenger service, helper service and work train service will not be included in roustabout assignments. (THIS SUBSECTION 2 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 EFFECT ON THIS PROPERTY.)
3. Following example will illustrate what is intended by language reading--"Fireman required to go beyond limits of assignment will be allowed a minimum of 100 miles":
Fireman assigned to perform switching at Brawley and work between that point and Niland, including West Moreland Branch, home terminal Brawley, time to begin work 7:00 A.M., required to make trip Niland - Indio or go beyond Niland or Brawley in any class of service will begin a new day and will be paid under the rules governing class of service performed.
It is understood this example does not imply that crews may not be assigned to work both ways out of Brawley, but in every case the limits of assignments specified in bulletin will govern.
ARTICLE 21
TEMPORARY TERMINALS
When track obstructions occur, such as snow blockades, slides, washouts, tunnel trouble, or similar conditions which make it impossible to maintain service from terminal to terminal, temporary terminals may be established by bulletin notice, specifying the points to be established as temporary terminals, runs and services affected, time effective to be at 12:01 A.M. of date following date of bulletin. If conditions are remedied and line opened within forty-eight (48) hours from time bulletin becomes effective, bulletin will be considered void and firemen compensated same as if bulletin had not been issued. When temporary terminals are thus created, it is understood that agreement provisions applying to terminals shall apply at the temporary terminals.
ARTICLE 22
TIE-UPS ACCOUNT INTERRUPTION TO TRAFFIC
When firemen en route are used in work train or snowplow service on account of floods, washouts, snow storms, slides or other unusual conditions, or firemen en route are delayed by such conditions, time to be computed as follows:
Continuous time, less time tied up under the law, will be allowed for first 24 hours, computed from time required to report for duty. For first 16 hours of each subsequent 24-hour period delayed firemen will be allowed 200 miles. Should miles run exceed 200, or hours on duty exceed 16 in any 24-hour period, actual miles or hours will be allowed. If trip is resumed during first 16 hours of any 24-hour period held, time will be computed continuously from end of previous 24-hour period, provided, that if overtime accrues on the trip, that portion of the overtime due to starting pay at the expiration of any 24-hour period shall be paid for at the pro rata rate in order that time and one-half for overtime will not be so applied as to increase the rates paid for the time computed continuously from end of previous 24-hour period.
It is understood under this rule that the first 200 miles allowed on each 24-hour period will apply on the guarantee provided in Article 36.
ARTICLE 23
HELPER SERVICE--RATES OF PAY AND WORKING CONDITIONS
Section 1. Firemen assigned to helper service exclusively will be allowed through freight rates as per weight on drivers of locomotive and district as tabulated in Sections 2, 3, 4, 5, 6 and 7, respectively, of Article 13. One hundred miles will be allowed for the first eight consecutive hours, or less. If used on trip which departs from home or district terminal after the expiration of eight hours from time required to report for duty on initial call for service, firemen will begin a new helper day of eight consecutive hours, or less. On runs of 100 miles or less, overtime will begin at the expiration of eight hours; on runs of over 100 miles, overtime will begin when the time on duty exceeds the miles run divided by 12 ½. Overtime shall be paid for on the minute basis, at an hourly rate of three-sixteenths (3/16ths) of the daily rate. When miles exceed hours, miles will be allowed.
Example 1: Crew called for certain time and after coming on duty and without being released time of departure is set back say two hours.
Answer: Time of trip should be computed from time reported for duty on first call.
Example 2: Assigned helper crew on duty, home terminal of helper assignment, 12:50 P.M.; performs helper service, arriving at district terminal 7:25 P.M.; later called to deadhead from district terminal to home terminal of helper assignment, departing district terminal deadhead 9:00 P.M. How should they be compensated?
Answer: Deadhead movement from district terminal starting after expiration of eight-hour helper day should be paid for under Article 31, Section 1, Firemen's Agreement, applying to deadhead service; however, if deadhead had begun before expiration of eight-hour period, same would have been paid as part of first eight-hour helper day under combination rule, Article 12, Section 1.
Example 3: Assigned helper fireman performs helper service and on returning to helper terminal tied up for rest prior to expiration of eight-hour helper day. How should he be compensated?
Answer: If such fireman is not needed for further service before expiration of eight-hour helper day, should be allowed a minimum day; however, if required for further service before expiration of first eight hour helper day, and not available, account marking rest, should be paid only for actual time worked, miles or hours, whichever greater.
Section 2. Firemen assigned to helper service exclusively shall be run first-in, first-out of their assigned terminal for initial service on each eight-hour helper day; except, a fireman assigned to helper service who performs service at initial terminal, but who does not depart therefrom, will be placed on the helper list to which assigned on being released from duty as of the time he registers off duty.
Section 3. Other firemen will not be called for helper service when firemen assigned to helper service exclusively are available, except as provided in Section 4 of this Article.
Section 4. When a fireman assigned to helper service is off for any cause, the space thus created will remain on the helper list and will be filled as provided in Section 3, Article 37. After a helper position has been vacant for three (3) days, the senior fireman in the zone applying for the position shall have preference for the run until the regular fireman returns.
Section 5. Bulletins advertising vacancies in helper service, or establishing new stations at which firemen are to be assigned to helper service exclusively, shall designate the station at which they are to be assigned for service, and said station shall be known as their home station. Firemen assigned thereunder shall be paid continuous time from the time they are required to report for duty at their home station until returned thereto, unless tied up and relieved under the Hours of Service Law, or tied up and relieved at regular district terminals.
Section 6. (a) Firemen assigned to helper service exclusively shall be allowed a minimum of 100 miles, at highest rate applicable to any engine used during last helper day, for each calendar day on which no service was begun. When firemen mark rest on any date on which no service was begun, and such rest covers a period beyond 10:30 P.M., this section shall not apply.
Example: Engine crew called off extra board and deadheaded 8:30 A.M. to home terminal of helper assignment to fill a vacancy in helper service during life of bulletin. Arrived helper terminal 11:30 A.M. and placed on helper board. Performed no service that date. How should crew be compensated?
Answer: Should be paid for the deadhead service as per Article 31. If this compensation does not equal minimum of 100 miles, as specified in Article 23, Section 6, the difference should be made up.
(b) When a regular helper assignment is canceled, the fireman losing his assignment will be allowed a minimum of 100 miles provided that he protected the assignment at the home terminal prior to and on the date of its cancellation for a period of twelve (12) hours, as follows:
(1) If the assigned fireman did not perform service paying a minimum of 100 miles chargeable to the date on which the assignment is canceled, prior to the time of its cancellation, the twelve (12) hours shall be computed from 12:00 midnight of the date the assignment is canceled.
(2) If the assigned fireman performed service paying a minimum of 100 miles chargeable to the date on which the assignment is canceled, prior to the time of its cancellation, the twelve (12) hours shall be computed from the time the fireman completed service at the home terminal of the helper assignment in connection with the last service performed by him chargeable to that date.
(3) Firemen will be notified by appropriate means when assignments held by them under this Article are canceled.
Section 7. Firemen assigned to helper service exclusively and used for any service other than assignment will be paid not less than 100 miles for each time so used, according to the rates and rules governing such service. Actual time in other service to be excluded in computing overtime in assigned service. (THIS SECTION 7 IS SUPERSEDED BY THE MORE-THAN-ONE-CLASS-OF-ROADSERVICE AWARD OF BOARD OF ARBITRATION NO. 168 SO LONG AS THE AWARDED RULE REMAINS IN EFFECT ON THIS PROPERTY.)
Explanatory: Under this paragraph, if a helper fireman is required to couple in and assist trains on account of road engines being disabled, such work will be included in his regular helper assignment. If an engine is broken down and has to be cut out of train, or in case trains tie up under law, assigned helper firemen used to handle such trains will be considered outside of regular helper work and a minimum of 100 miles will be allowed for such service.
Section 8. Assigned helper firemen who, through no fault of their own, are not called in regular turn, shall be allowed 50 miles at the rate applying on the locomotive on which they should have been used, and will stand first out. This is not to apply if fireman is not available under the Hours of Service Law.
Note: The provisions of Section 17, Article 37, also apply to helper service.
Example 1: Firemen assigned to helper service called at their helper terminal in their order, first-in first-out, for initial service on each eight-hour helper day, as follows:
Fireman "A" 9:00 A.M.
Fireman "B" 10:30 A.M.
Fireman "C" 1:10 P.M.
All three firemen make trips in helper service and return to helper terminal. Call is placed for helper fireman for 4:10 P.M., and fireman "C" is used. Is Fireman "A" entitled to runaround account not being used on the 4:10 P.M. trip?
Decision: No. These firemen were called in turn for initial service on their eight-hour helper day, which had not expired.
Example 2: Firemen assigned to helper service are called at helper terminal in their order, first-in first-out, for initial service on each eight-hour helper day, time of arrival as follows:
Fireman "A" 6:45 A.M.--on duty 1 hour 30 minutes.
Fireman "B" 7:05 A.M.--on duty 8 hours 20 minutes.
Call is placed for helper fireman for 11:15 P.M., and Fireman "B" is used. Is Fireman "A" entitled to runaround on account not being used on 11:15 P.M. trip?
Decision: Yes. These firemen were not called first-in first-out for initial service on each eight-hour helper day and, as call for 11:15 P.M. constituted initial service on an eight-hour helper day for both of these firemen, the fireman who had been released first from previous service (Fireman "A") should have been used.
Section 9. Firemen assigned to helper service will be compensated for actual time consumed in initial or terminal switching, per Article 17. This does not apply where helper handles cars in cutting helper engine in or out of train, as this is a part of helper service.
It is further understood that helper firemen will not be used in switching service when road firemen are available.
Section 10. A fireman assigned to helper service exclusively, reporting for work after layoff, will, upon reporting, be placed in the position on the board the space representing him holds. If the man representing the man who laid off is working on and has not completed an eight-hour helper day, the man who laid off and is reporting for work will take the position his space holds at the completion of said eight-hour helper day.
When a regular helper fireman is laying off and the vacancy is being held by another fireman under Section 4 of this Article, or filled at outside point by extra fireman, and the regular man reports for duty on a day when no helper service is performed, the regular man shall be entitled to the guarantee
day if he reports not later than 12:01 P.M. If regular man reports later than 12:01 P.M., the fireman holding the vacancy, or extra fireman filling vacancy at outside point, will receive the guarantee day.
ARTICLE 24
LOGGING SERVICE
Section 1. Firemen assigned to logging service exclusively will be paid freight rates according to weight on drivers of locomotive and district on which used; 100 miles or less, eight hours or less, to constitute a day; over 100 miles, pro rata; on runs of 100 miles or less, overtime will begin at the expiration of eight hours; on runs of over 100 miles, overtime will begin when the time on duty exceeds the miles run divided by 12 ½. Overtime shall be paid for on the minute basis, at an hourly rate of three sixteenths (3/16ths) of the daily rate. Time will be computed continuously from the time required to report for duty until released at home or district terminal.
Section 2. Assignments of firemen to logging service exclusively will be made by bulletining vacancies or new runs in accordance with rules in effect. Firemen to be assigned to one home terminal and may be run in and out of said home terminal during a day's work in logging service, without regard for rules defining the completion of trips.
Section 3. Firemen assigned to logging service exclusively and used in other service will be allowed a minimum of 100 miles at the rate applying on the locomotive in the service and on the district where performed for each time so used. Time thus consumed will be excluded in computing overtime in logging service. Rules defining the completion of trip to govern for all service performed outside of the logging service assignments. (THIS SECTION 3 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 EFFECT ON THIS PROPERTY.)
Section 4. Firemen assigned to logging service exclusively will be allowed 100 miles at the rate applying on the locomotive on which last used, for each calendar day of assignment on which no service is begun.
ARTICLE 25
SNOWPLOW AND FLANGING SERVICE
Section 1. Firemen assigned to, or firemen sent out for and used in snowplow or flanging service, shall be allowed through freight rates as per weight on drivers of locomotive and district as tabulated in Sections 2, 3, 4, 5, 6 and 7 of Article 13. One hundred miles to be allowed for the first eight consecutive hours or less. If used on trip which departs from terminal or tieup point after eight hours from the time required to report for duty, fireman shall begin a new snowplow or flanging service day of eight consecutive hours, or less. On runs of 100 miles or less, overtime will begin at the expiration of eight hours; on runs of over 100 miles, overtime will begin when the time on duty exceeds the miles run divided by 12 ½. Overtime shall be paid for on the minute basis, at an hourly rate of three-sixteenths (3/16ths) of the daily rate. When miles exceed hours, miles will be allowed.
Two (2) dollars will be added to the rate of pay determined by the weight on drivers (power-driven wheels) of the diesel units providing tractive effort for the propulsion of the rotary itself for firemen who are used on electric rotary snowplows in snow service, which sum of two (2) dollars shall not hereafter be subject to any increase or decrease nor to any proportion or percent of any future increase or decrease in the rates of pay applicable to firemen in road service.
Section 2. Firemen held for snow service shall be allowed 100 miles at the minimum freight rate of the district for each date on which no service is begun.
ARTICLE 26
WORK TRAINS--WORKING CONDITIONS
Section 1. Firemen in work train service shall be run to a place where sleeping and eating
accommodations can be secured, except where the Company furnishes such accommodations.
Section 2. Firemen held for work train service shall be allowed 100 miles at the minimum freight rate for each calendar working day on which no service is begun; also so on Sundays, except when at district terminals or at bulletined tie-up points.
Section 3. The bulletined tie-up point of firemen (helpers) assigned to work train service will not be changed unless the work has progressed sufficiently to warrant a change, and such new bulletined tie-up point must be in excess of 25 miles from former bulletined tie-up point.
When the bulletined tie-up point is changed as above, the assignment shall be considered a new run and shall be bulletined for seniority choice of firemen (helpers) as provided in Section 2, Article 39.
The fireman holding ding the assignment at the time the bulletined tie-up point is changed shall retain it during the bulletined period and until relieved by the successful applicant and shall thereafter be entitled to a displacement under the provisions of Section 9, Article 43.
Section 4. Firemen leaving terminals in road service and used in work train n service enroute are not subject to work train rules. They will conform to provisions of Article 22 when conditions specified in Article 22 obtain.
Section 5. In construction of new lines forming a part of the lines of Southern Pacific Transportation Company (Pacific Lines), firemen on the seniority district of that part of a line where the new line diverges, will be given the right to bid for service in the Construction Department under seniority rules governing. If no application is received, the run will be rebulletined in accordance with Section 3(a)(2), Article 39. The men assigned to such service will be compensated as to rates of pay and hours of service in accordance with agreement provisions. The working rules and conditions of the Construction Department will obtain.
Section 6. When unassigned work trains are tied up at outside points where extra lists (established under Section 3(f), Article 37) are maintained, they should be manned from such extra lists. However, when extra men in unassigned work train service are tied up at outside points where an extra list is maintained, they should remain in that service unless it is known that work train will be tied up thereafter only at that point, in which case crew from other extra list (established under Section 3(f), Article 37) will be released and service manned from the extra list where crew ties up.
Section 7. When fireman is deadheaded to tie-up point of work train to fill vacancy on same, and/or on completion of day's work is deadheaded from tie-up point of work train to terminal, he will be allowed deadhead mileage in accordance with Article 31, in addition to time allowed in work train service.
Section 8. A fireman laying off and reporting for duty will on his request be advised where work train is to tie up on completion of day's work, and will be permitted to assume duty at such tie-up point, provided the tie-up point can be determined sufficiently in advance.
Section 9. Firemen performing the following service will be paid miles or hours, whichever is the greater, for such service in addition to their work train day:
(1) Engine crew handles light engine or engine and caboose from district terminal to outside point, goes into work train service, or engine crew handles light engine or engine and caboose from outside point to district terminal on discontinuance of work train.
(2) Engine crew on completion of work train day handles light engine or engine and caboose from outside point to district terminal or other point for fuel, water, repairs, or other necessary attention to engine.
(3) Engine crew handles light engine or engine and caboose from district terminal or other point after having been fueled, watered, repaired, or received other necessary attention to engine, or handles an engine to take the place of work train engine to point where work train service begins.
(4) When work train fireman performs any service out of terminal after being released at terminal or work train tie-up point, he shall begin a new day; time and mileage for subsequent service to be computed independently in accordance with the rules for class of service performed.
ARTICLE 27
FIRE TRAIN SERVICE, SACRAMENTO DIVISION
Section 1. Fireman assigned to fire train service shall be paid through freight rate per day provided in Article 13, Section 6.
Section 2. Working hours will be from 6:00 A.M. to 2:00 P.M. The fireman watching the engine from 6:00 A.M. to 12:00 Noon, and the engineer from 12:00 Noon to 6:00 P.M., without regard to compensation defined in Section 4.
Section 3. Overtime to be computed on the minute basis and paid for at three-sixteenths (3/16ths) of the daily rate.
Section 4. Service other than fire train service performed between the east and west mile board of the station, designated in bulletin of assignment as the home terminal of the fire train crew, will be computed separately on the minute basis, with a minimum of one hour, and paid for at one-eighth (1/8th) of the daily rate; such allowance to be made in addition to compensation provided for fire train service.
Section 5. When used beyond the mile boards, in other than fire train service, firemen will be compensated for the service performed at the rate and under the rules governing. Such allowance to be made in addition to compensation provided for fire train service.
Section 6. Firemen in fire train service used in flanger service will be paid for same in addition to compensation for fire train service.
Section 7. Firemen in fire train service called for such service before 6:00 A.M. or after 2:00 P.M. will be paid therefor on overtime basis as provided for in Section 3, this Article.
Section 8. A fireman assigned to fire train service and required to watch his engine between the hours of 2:00 P.M. and 6:00 A.M. shall be paid for the time consumed on the minute basis, at one-eighth (1/8th) of the daily rate, with a minimum of one hour, same to be allowed in addition to compensation for fire train service.
Section 9. Firemen assigned to fire train service will be granted two days off per month with pay, provided that a full month's service has been rendered in the preceding month; for example: If fireman works the full month of June he will be given two days off in July with pay.
Section 10. Firemen assigned to fire train service who are required to perform work train service or make movements from fire train terminal to another point and return for purpose of securing water, fuel or other supplies used for commercial purposes or for use of contractors, or to replenish supplies used by such contractors, will be considered as performing service not a part of fire train assignment, and a minimum of 100 miles will be allowed. This will not set aside or modify provisions of Section 4, or Definition No. 2, this Article. (THE FIRST 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 EFFECT ON THIS PROPERTY.)
Firemen assigned to fire train service, who run their engines to some point for purpose of having engines given necessary attention and return with same engines or other engines for fire train use, will be considered as performing fire train service and compensated accordingly.
Firemen assigned to fire train service who are required to make movement to some point to replenish oil, water, or other necessary supplies, except as provided in Paragraph 1, will be considered as performing fire train service and compensated accordingly.
Firemen who handle fire train engine, or engine with fire train equipment and/or caboose from fire train terminal to district terminal on discontinuance of fire train service, or from district terminal to fire train terminal on inauguration of fire train service, will be paid miles or hours, whichever is the greater, for such movements, in addition to fire train day, provided, however, if such movement is started before or after fire train working hours, a minimum of 100 miles will be allowed.
Definition of fire train service:
1. Going to and returning from fire.
2. Time consumed at fire.
Note: In connection with Definition No. 2, it is understood whatever duties have been performed in the past at fire and paid for as fire train service will govern in the future.
3. Sprinkling sheds.
4. Supplying quarters used by fire train crews with water.
5. Supplying section quarters at Andover, Tamarack and Spruce with water.
6. Supplying locomotives with water when engines run short of water account of mechanical defects, derailments, wrecks, track obstructions, defects or shortage in station supply tanks occurring after crews depart from terminal.