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CONSOLIDATED MASTER AGREEMENT / Articles
The following constitutes an Agreement between the Union Pacific Railroad and the Union Pacific Union Yardmasters Council, the Western Railway Supervisors Association, a Division of Transportation Communications Union ("TCU"), covering rates of pay and working conditions for Yardmasters (former SPTCo.Western Lines, Eastern Lines and SSW) as ammended October 1, 1999.
NOTE: The term "Yardmaster" as used in this Agreement, unless specifically noted otherwise, will refer to yardmasters employed by U.P.RR (former SPTCo. Western Lines, Eastern Lines and SSW as ammended October 1, 1999.)
Article 1 SCOPEA. The title "yardmaster" as used in this agreement includes General Yardmasters (GYM), Assistant General Yardmasters (AGYM), Yardmasters (YM) and Extra Board Yardmasters (EBY).
B. The agreement includes and applies to all yardmasters on Southern Pacific Lines, except as specifically modified in Side Letter No. 7 of the Consolidated Master Agreement concerning yardmasters on the Denver and Rio Grande Western Railroad Company.
C. 1. At all locations where yardmasters are employed as of (the effective date of this Memorandum of Agreement), yardmasters have the sole and exclusive right to supervise all employees directly engaged in the switching, blocking, classification, handling of cars, and trains and the planning and coordination directly related thereto.
2. Yardmasters must see that all employees under his/her supervision work in a safe, efficient, and economical manner, according to the rules, regulations, and instructions of the Company. Each yardmaster must ensure the prompt and regular movement of cars, especially the proper makeup of trains and their movement into and out of the yard.
3. The Organization recognizes the rights of the Company to assign such additional duties, which are directly incidental to the work performed by yardmasters and which do not violate the provisions of other crafts' agreements. Additional duties will be by mutual agreement between the Local Chairman having jurisdiction and the Company Officer in charge of the terminal involved. WRSA represented employees will not be required to administer the following:
A. Discipline
B. Investigation (other than called as witness)
C. Any form of Drug or Alcohol Testing
4. In the event a dispute should arise between the Local Chairman and the Company Officer in charge of the terminal involved, regarding additional responsibilities to be assigned yardmasters, such Company Officer and Local Chairman will meet immediately to resolve their differences. Any expense required of the Local Chairman will be borne by the Company if travel is required to resolve the above. Failing resolution, the Manager of Labor Relations and the General Chairman shall endeavor to resolve the dispute, enlisting the aid of the General Manager, if necessary.
D. The Company may employ yardmaster(s) at other locations, based on Company requirements. In the event the Company elects to establish such yardmaster position(s), the duties and responsibilities set forth in this Article will apply.
E. 1. The Company acknowledges the rights of yardmasters to perform the duties and responsibilities as set forth in this Article 1. The Organization acknowledges the responsibility of yardmasters to properly perform such duties and responsibilities.
2. When situations arise where a yardmaster considers that duties assigned to his/her yardmaster position may not be in the interest of safety of the yardmaster or those employees under the yardmaster's supervision, and the matter is brought to the attention of the Company Officer in charge of the terminal involved and the District/Local Chairman, the Company will conduct a survey, in which the District/Local Chairman will be afforded the opportunity to participate, to determine the need and/or practicality of making changes.
NOTE: If, during the period Memorandum of Agreement dated October 13, 1994 is in effect, the Company officer in charge of the terminal involved and the District/Local Chairman are unable to resolve the matter to their mutual satisfaction, the matter may be subject to appropriate handling of the "Action Council" pursuant to Side Letter No. 6 of the Agreement.
F. The Company will not abolish yardmaster position(s) if such abolishment(s) would result in any employee(s) collectively (who are not covered under the purview of this Agreement) devoting over ninety (90) minutes per shift in the performance of duties and responsibilities set forth in this Article.
G. Reclassification of position titles (GYM, AGYM, YM) will not be made without the concurrence and cooperation of the WRSA General Chairman. It is understood the WRSA General Chairman will not unreasonably withhold concurrence in such reclassification.
Article 2 TRAININGA. New yardmaster employees, who are properly assigned to Extra Board Yardmaster positions with paid training under the provisions of Article 11 (A.1), will not be permitted to fill permanent or temporary vacancies. While in training, such new yardmaster shall receive 75% of the basic yardmaster rate, regardless of length of service with the Company. Yardmasters required by the Company to train new yardmasters (yardmasters who have not yet acquired a permanent seniority date) will receive 125% of the basic daily rate of their assignment for each shift involved.
B. Yardmasters required by the Company to provide job duty orientation to other yardmasters (who have already established a permanent seniority date) will receive an additional two (2) dollars an hour per shift(s).
Article 3 HOURS OF
ASSIGNMENTA. 1. Eight (8) consecutive hours, or less, shall constitute a day's work, except in case of sickness or suspension for cause. Work performed in excess of eight (8) hours, on instructions from proper authority, shall be paid for as overtime on the minute basis at one and one-half (1 ½) times the straight time hourly rate.
2. At points where yardmasters transfer responsibilities, the oncoming yardmaster is expected to report sufficiently in advance of the on duty time to receive a transfer. Time consumed in making transfer before going on duty shall not constitute overtime. When yardmasters receive a turnover, they will be allowed fifteen (15) additional minutes at the straight time rate.
B. 1. Starting Time.
a. Regular assignments shall have a fixed starting time. When three (3) yardmaster assignments are maintained in succession at any location in a yard over a period of twenty-four (24) hours, the starting time of the first assignment will be between 6:00 A.M. and 8:00 A.M. Regular starting time shall not be changed without at least forty-eight (48) hours' notice to the yardmaster affected. Notice shall be given in writing or by telephone confirmed by written notice.
b. If the starting time of a regular position is changed one (1) hour, but not exceeding three (3) hours, the yardmaster regularly assigned to the position will have the option of retaining the assignment or displacing a junior yardmaster. The displacement right must be exercised within five (5) days of the effective date of change. If the regularly assigned yardmaster whose starting time is changed is absent, he/she will be allowed five (5) days after reporting for work to exercise such displacement right.
c. If the starting time of a regular position is changed more than three (3) hours, the position shall be advertised as a vacancy under the provisions of Article 7(A.1)
2. Starting Place.
a. Regular assignments shall have a fixed starting place.
b. If the starting location of a regular assignment is changed, the position shall be advertised as a vacancy under Article 7 (A.1)
C. If an assignment is to be abolished the yardmaster affected will be given forty-eight (48) hours' advance notice except in an emergency (unforseen disasters, acts of God or labor disputes) in which event as much advance notice as possible will be given.
D. Nothing herein requires the maintenance of any position.
Article 4 FIVE-DAY WORK WEEKA. Regularly assigned yardmasters shall have a work week of five (5) consecutive days with two (2) days off in each seven (7).
B. 1. When service is required by the carrier on days off of regular assignments it may be performed by other yardmasters on regular assignments, on regular relief assignments, on a combination of regular and regular relief assignments, or by extra yardmasters. Where regular relief assignments are established, they shall, except as otherwise provided in this agreement, have five consecutive days of work. Where relief assignments regularly consist of five days work per week, relief yardmaster positions shall be established by assignment and filled in accordance with appropriate rules of the applicable agreement.
2. Assignments for regular relief positions may on different days include different starting times, duties and work locations for employees in the same seniority district.
3. In the event relief requirements are less than five (5) days per week, the Company may at its discretion establish position of relief yardmaster on a basis of five (5) consecutive days per week by supplementing the relief requirements of less than five (5) days with "wild days" which will have regular assigned starting times and locations.
C. The days off for each assignment shall be the same each week and shall be assigned in accordance with applicable existing rules.
D. A regularly assigned yardmaster who is required to work on either or both of the days off of the position to which he/she is regularly assigned shall be paid at the rate of time and one-half (1 ½).
E. The over-time provisions of Section (D) shall not apply to yardmasters who, as a result of exercising their seniority, work more than five (5) days in a work week.
Article 5 DAY OFFA. Except as provided in Section (C) of this article, a yardmaster, after performing five (5) consecutive days' work as a yardmaster, shall be allowed two (2) days off. If, on instructions of proper authority, he/she is required to work as a yardmaster on such days off, he/she will be compensated at the rate of time and one-half (1 ½) applicable to the position worked.
B. The Company shall designate the days off for each regularly assigned yardmaster, and no change will be made without at least forty-eight (48) hours' notice to the yardmaster affected. Notice shall be given in writing or by telephone, confirmed by written notice. If the days off of a regular yardmaster position are changed, the yardmaster regularly assigned to that position will have the option of retaining the assignment or displacing a junior assigned yardmaster subject to the displacement right being exercised within five (5) days after the change in days off takes effect, except that if the regularly assigned yardmaster whose days off are changed is on leave of absence or sick leave, he/she will be allowed five (5) days after reporting for work to exercise such displacement right. If the yardmaster elects to make a displacement, the position which he/she vacates will be advertised under Article 7, Section A.1.
C. It will be permissible and shall not be deemed a violation of this article for a yardmaster to perform work in excess of five (5) consecutive days without being granted a day off when the requirements of the service necessitate a change in day off or relief day, or when a yardmaster changes from one assignment to another; in either event no additional compensation will be allowed for working the day off and the yardmaster will assume the new day off of the position to which transferred.
D. The Company is not obligated to fill a position on the designated days off where there is no assigned regular or extra relief.
Article 6 FILLING POSITIONS
OF OTHERSA. A yardmaster, including a regularly assigned relief yardmaster, filling position of another, will receive the same rate of pay as the yardmaster relieved; provided, however, he/she will not receive less than he/she would have received had he/she remained on his/her regular position, but if in filling the position of another under this agreement the said yardmaster does so by working either prior or subsequent to but in addition to his/her own assignment, thus working in excess of eight (8) consecutive hours in a twenty-four (24) hour period, such excess of work will constitute overtime under Article 3 (A). This proviso, however, will not apply in the exercise of seniority rights nor to positions filled by regularly assigned relief yardmasters as scheduled by their assignments.
B. A regular assigned yardmaster used at the instance of the Company to fill the position of another and, as a result thereof, is unable to perform service on his/her regular assignment, shall be allowed a minimum day's pay for his/her regular assignment in addition to amount received for working on the position on which he/she is used.
C. A yardmaster relieved during his/her tour of duty account illness will be compensated for the actual time worked; the yardmaster called and used to fill the position of the yardmaster so relieved will be allowed not less than one (1) day's pay at the rate applicable to the position filled.
D. Yardmasters working on jobs not subject to the Hours of Service Act shall not be permitted to work longer than sixteen (16) hours in a twenty-four (24) hour period. In addition, such yardmasters shall have not less than eight (8) hours off duty after working sixteen (16) hours in a twenty-four (24) hour period. The twenty-four hour (24) period starts with the commencement of the first shift worked.
Article 7 VACANCIES AND
BULLETINSVacancies are defined as regular assignments, including extra board assignments, not assigned or not being worked by an incumbent.
A. 1. Bulletin vacancies. Vacancies, excluding vacations, that exist for more than fifteen (15) days, and permanent positions being established, will be advertised in the yard where they exist for a period of seventy-two (72) hours. Such seventy-two (72) hour period shall begin at twelve (12) o'clock noon of the day and date notice is posted, provided notice is posted prior to that time, and shall run to twelve (12) o'clock noon of the third day (72 hours) thereafter. If notice is posted on any date after twelve (12) o'clock noon, the seventy-two (72) hour period will begin at twelve (12) o'clock noon of the next day. Notice shall indicate whether it is a new position or a vacancy, assigned hours of service, days off, how days off will be relieved, and the time and date limitation within which application must be filed.
2. Notice shall be issued on the day and date of final day of the advertising period, except when such day and date falls on Sunday or holiday or combination of both, in which case the notice shall be issued on the next succeeding day and the senior qualified yardmaster making application for the position or vacancy (excluding a yardmaster who, within the preceding thirty (30) days, was regularly assigned to the vacancy advertised and voluntarily vacated that assignment) will be assigned thereto effective 12:01 AM of the next calendar date.
NOTE: All bulletins advertising and awarding yardmaster assignments will be copied to the General Secretary of the WRSA.
3. Applications for advertised positions shall be submitted to the Company's designated representative who issued the notice. Upon proper identification, confirmation of receipt may be obtained by telephone.
4. A yardmaster who loses his/her job because of it being advertised under the provisions of this article will have displacement rights under Article 11 (G).
5. Yardmasters extra board assignments shall be filled on the day bulletined by the senior available unassigned yardmaster in the terminal who shall protect the extra board during the pendency of the bulletin.
6. In establishing an extra board or adding new positions to an existing extra board, advertisement of necessary positions will be made sufficiently in advance to allow for assignment, to be effective on the date the position is established. Positions on the extra board that are vacated after having been assigned will be advertised and assigned in accordance with agreement provisions but will not be available as temporary vacancies to regular assigned yardmasters during the advertising period. Unassigned yardmasters not working as yardmaster, who are available and fail to request a vacancy during the advertising period or who do not bid for the vacancy, will forfeit their seniority as yardmaster.
NOTE: THE SEVENTY-TWO (72) HOUR PERIOD SPECIFIED IN SECTION B OF THIS ARTICLE, WILL BE COMPUTED COMMENCING AT 12:01 AM OF THE DAY FOLLOWING THE LAY OFF. REST DAYS WILL NOT BE COUNTED IN COMPUTING THE SEVENTY-TWO (72) HOUR RULE.
B. 1. Temporary vacancies are vacation vacancies or vacancies that exist for fifteen (15) days or less. Temporary vacancies shall be filled whenever possible by the senior qualified yardmaster making request for same, subject to Article 10 of the agreement covering extra boards, and excluding unassigned yardmaster where extra boards exist as provided for in Article 10 of agreement covering extra boards.
2. Except when filling vacation vacancies, at points where extra boards exist, a temporary vacancy will be filled from the extra board and/or augmented extra board the first shift the position works and cannot be taken under this provision until the next shift that the position is scheduled to work. Thereafter, a yardmaster taking such hold-down must remain thereon for not less than one (1) shift, or until the vacancy ceases to exist, and will be subject to the conditions of the assignment.
3. Vacation vacancies.
a. Vacations will be scheduled and will commence the first work day position is assigned to work in a work week.
b. Rest days of a regular assignment follow the work week, and do not precede it.
c. A vacation vacancy begins at 12:01 A.M. of the first work day of the work week.
d. The seventy-two (72) hour time limit for making application for a vacation vacancy begins at 12:01 A.M. of the first work day of the work week, except as stated in Item (e).
e. A vacancy created by a Yardmaster laying off on work days prior to the vacation period will be considered one (1) vacancy for purpose of the seventy-two (72) hour rule, which will begin at 12:01 A.M. of the day following lay-off. Rest days will not be counted in computing the seventy-two (72) hour rule.
f. A yardmaster at any location may take a hold-down on a vacation vacancy on the first day of the vacancy and will remain on the assignment for a period of not less than two (2) shifts.
4. In the event no yardmaster elects to take a hold down on a temporary vacancy within the seventy-two (72) hour period, then the first yardmaster making application will be placed on that temporary vacancy subject to the provisions of this article.
5. A yardmaster holding a temporary vacancy hereunder, who is displaced from his/her regular position, will be removed from such temporary vacancy and required to exercise his/her seniority to acquire a permanent position as provided for in Article 11 (G).
6. A yardmaster taking a temporary vacancy will be required to take the conditions of the temporary assignment and remain on the assignment for a period of not less than one (1) shift day, or until such temporary vacancy ceases to exist, or becomes a permanent vacancy and assignment is made under applicable agreement provisions.
7. In the event a yardmaster is holding a temporary vacancy and such temporary vacancy ceases to exist, he/she may displace a junior yardmaster on a temporary vacancy subsequently created. Such displacement, however, must be made within twenty-four (24) hours of the time the first temporary vacancy held by him/her ceases to exist.
8. An assigned yardmaster who desires to displace a junior yardmaster from a temporary vacancy must do so within seventy-two (72) hours of the time such temporary vacancy becomes effective, except that a yardmaster who is displaced from his/her regular assignment may, within twenty-four (24) hours after placing himself/herself on another regular assignment under Article 11 (G), displace a junior yardmaster from a temporary vacancy.
9. A yardmaster absent from work more than seventy-two (72) hours from the effective time of a temporary vacancy will be allowed twenty-four (24) hours after return to work to exercise displacement.
10. A yardmaster moving from one temporary vacancy to another, cannot return to a temporary vacancy previously held by him/her, except when temporary vacancy occupied by him/her ceases to exist.
11. A yardmaster taking a temporary vacancy shall not be permitted to return to his/her assigned position until such time as the temporary vacancy acquired by him/her ceases to exist or he/she is displaced therefrom.
12. In yards where extra boards do not exist, yardmasters may request work for one (1) day or the duration of the vacancy. In that connection it is understood that it is the responsibility of the yardmaster to clearly indicate whether he/she is taking the temporary vacancy for its duration or for only one (1) day.
13. In yards where yardmasters' extra boards exist, assigned yardmasters shall not be entitled to request work for one (1) day only on any temporary vacancy.
14. A yardmaster filling a temporary position or vacancy may, at the conclusion of the temporary position or upon being displaced therefrom, return to his/her former position if it exists and has not been taken by a senior yardmaster through exercise of a displacement right.
C. On January 25 and July 25 of each year, yardmasters assigned to and having regular positions on that date will be permitted, by filing written notices on said date prior to 12:01 PM with the Regional Crew Dispatching Office, to displace junior yardmasters, assigned within the same terminal, to be effective on February 1st and August 1st, respectively; provided, however: (1) any notice thus filed may be rejected by the Company officer responsible for operations if in his/her judgement the yardmaster seeking to exercise displacement as provided in this paragraph is not qualified to fill the position on which he/she desires to make displacement; and (2) time lost by yardmasters permitted to make displacements in the manner provided here, or displaced as a direct or successive result thereof, shall not be paid for.
Article 8 TIMES FOR CALLING,
LAYING OFF AND REPORTING
A. A yardmaster desiring to lay off, report or to exercise his/her seniority, must notify the Company's designated representative. Yardmasters must be marked up in order to exercise their seniority.
B. 1. Yardmasters reporting for duty or wishing to exercise their seniority must do so at least one (1) hour prior to calling time for the shift on which they wish to perform service. However, when a yardmaster displaced under this rule is properly notified, he/she will be allowed to displace a junior yardmaster provided it is done at least two (2) hours prior to on duty time of the position.
2. An extra yardmaster who is unavailable for service for any reason will, upon reporting, be marked to the bottom of the extra board behind all extra yardmasters, including those who are called or working at the time he/she reports.
C. 1. Calling periods will be as follows:
a. First shift will be called between 4:00 am and 6:00 am.
b. Second shift will be called between 12:00 noon and 2:00 pm.
c. Third shift will be called between 8:00 pm and 10:00 pm.
2. Yardmasters will be given a two (2) hour call as near practical.
D. 1. Yardmasters subject to call will be required to provide the company with no more than two (2) phone numbers. Yardmasters will be contacted as follows:
a. At the work location if working (including PBX).
b. At their primary phone number. If response received is by recorder or someone other than the yardmaster a message will be left indicating the date, time and position for which called.
c. Secondary phone number. If the employee is not contacted at the primary phone number an attempt will be made to contact the yardmaster at the secondary number.
2. Yardmasters not personally contacted will be allowed ten (10) minutes to respond to call (See Sideletter 3). If a yardmaster fails to respond, he/she will be considered unavailable for service.
NOTE: The company is not obligated to assume or to be in any way responsible for cost to yardmasters for telephone service.
Article 9 PROMOTION AND
DISQUALIFICATIONA. In making promotions to yardmaster under the provisions of Article 11 (A.1), ability, merit, fitness and seniority shall be considered. Ability, merit and fitness sufficient, seniority shall prevail. The designated representative of the Company shall be the judge of ability, merit and fitness.
B. Newly promoted yardmasters will be on probation for a period of six (6) months, inclusive of training (under the provisions of Article 11 (A.1), as an assigned yardmaster, or for an unassigned yardmaster, a period not to exceed one (1) year. During the probationary period, newly promoted yardmasters may be disqualified without an investigation and without recourse as to just cause.
C. A yardmaster who has completed the six (6) month probationary period set forth in Section B of this Article and who is assigned to a bulletined position or who makes displacement will be placed on the position and given a reasonable time in which to demonstrate fitness and ability to work the position satisfactorily. Failure to qualify to work the position will not result in loss of seniority and such yardmaster who fails to qualify may displace a junior yardmaster who occupies a position for which the yardmaster is qualified. If such yardmaster desires to do so, he/she may request an investigation under the provisions of Article 17 (A.4), to determine the facts. If the investigation shows that disqualification was improper, such yardmaster will be restored to the position.
Article 10 EXTRA
BOARDSA. 1. An extra board for yardmasters shall be established in yards where yardmasters are employed when the need for one (1) or more extra yardmasters will exist for five (5) or more shifts of work in a work week. A work week for extra yardmasters shall consist of seven (7) consecutive days starting at 12:01 a.m. Monday.
2. The number of extra yardmaster positions needed will be determined by the Company's designated representative. Any extra board position established will not be discontinued until it has existed for at least seven (7) calendar days or as long as five (5) shifts of extra work are available in the work week.
3. In a yard where an extra board does not exist and vacation vacancies of more than seven (7) calendar days arise, extra board positions shall be established to provide such vacation relief.
4. When an extra board is initially established for more than one (1) position, the successful applicants will be placed on the extra board for initial service in seniority order. When new positions are added to an existing extra board, the successful applicants will be placed to the foot of the extra board (in seniority order if more than one {1}) at 12:01 AM on the date the assignments are effective.
5. When an extra board is reduced, the junior extra yardmaster will be notified that the position is being discontinued provided the position has existed for seven (7) or more calendar days.
B. 1. Yardmasters assigned to positions on an extra board will be used, subject to being qualified and available, on a rotating (first-in-first-out) basis to fill all yardmasters vacancies other than a vacancy requested by an assigned yardmaster under the provisions of Article 7. No yardmaster on the extra board will be entitled to work more than five (5) shifts in a work week until all extra board positions have done so. When all extra board yardmasters have worked five (5) shifts in a work week or are otherwise not available, the extra board will then be augmented.
2. Augmented extra boards will consist of all regular and extra assigned yardmasters, in seniority order, available in the terminal except those who have indicated in writing their desire not to augment the extra board. All service performed by the augmented extra board with be at the time and one half (1 ½) rate.
C. 1. The order of call for filling regular assigned yardmaster vacancies, where there is an extra board in existence, will be as follows:
a. The guaranteed extra board will fill all yardmaster vacancies until it becomes exhausted (subject to Article 7, Section B). The guaranteed extra board becomes exhausted when there are no guaranteed extra yardmasters available, or all guaranteed extra board yardmasters have worked five (5) shifts in the work week.
b. The augmented (seniority list) extra board. It is not intended to require the Company to use a yardmaster if it would create a "dead day" (unable to work regular positions due to hours of service). An assigned yardmaster may or may not be used to fill a vacancy when such use would preclude that yardmaster from performing service on his/her assignment. However, the Company may only use unassigned yardmasters when no extra board yardmasters or regularly assigned yardmasters are available.
c. Split-shift. The incumbents on both ends of the vacancy to be filled. If so used, the incumbents will be compensated at the time and one half (1 ½) rate of their respective positions for actual time spent splitting the shift.
d. Senior available unassigned yardmaster will be called for the vacancy for that shift only.
2. The order of call for filling regular assigned yardmaster vacancies where there is not an extra board in existence will be as follows:
a. The augmented (seniority list) extra board. It is not intended to require the Company to use a yardmaster if it would create a "dead day" (unable to work regular positions due to hours of service). An assigned yardmaster may or may not be used to fill a vacancy when such use would preclude that yardmaster from performing service on his/her assignment. However, the Company may only use unassigned yardmasters when no regularly assigned yardmasters are available.
b. Split-shift. The incumbents on both ends of the vacancy to be filled. If so used, the incumbents will be compensated at the time and one half (1 ½) rate of their respective positions for actual time spent splitting the shift.
c. Senior available unassigned yardmaster will be called for the vacancy on that shift only.
D. 1. Yardmasters assigned to positions on the extra board who are available for service the full time will be guaranteed five (5) shifts of work in a work week of seven (7) consecutive days beginning at 12:01 AM, Monday, or be paid one (1) day's pay at the yardmaster's straight time rate for each shift less than five (5).
2. Where a yardmaster is assigned to an extra board position for a lesser number of calendar days than seven (7) in a work week beginning on Monday, the guarantee of five (5) shifts of work will be reduced as follows:
Days assigned to No. shifts of
Extra Boards work guaranteed
1 1
2 1
3 2
4 3
5 4
6 4
3. The guarantee provisions in Paragraphs (1) and (2) will not apply on any date or portion thereof that the incumbent of a position on the extra board misses a call, lays off, or is otherwise unavailable for service therefrom for any reason.
E. Yardmasters assigned to positions on the extra board will familiarize themselves with the service for which they may stand to be called without additional expense to the Company. When called and used to fill a vacancy the rate of pay of the position being filled will be allowed. Such yardmasters will be subject to the provisions of Appendix "A", Section D and Article 3, Section (A). In addition, hours worked on a second assignment that is started within twenty-two and one half (22 ½) hours from the start of the last shift worked at straight time rate will be compensated for at the overtime rate and shall be considered as a shift worked in the application of the five (5)-day work week as well as the guarantee provisions of this agreement.
F. Where an extra board is established, no regular assigned yardmaster will be entitled to work twice on any calendar day when an extra yardmaster, who has not yet worked the minimum number of shifts guaranteed to him/her on the extra board, is available for the service.
G. 1. Call and Release (no runaround). An extra board yardmaster, including a yardmaster augmenting the extra board, who is called and reports for duty and is thereafter released through no fault of his/her own and is not runaround as a result thereof, will be allowed four (4) hours at the straight-time rate of pay applicable to the position for which called, and will retain his/her standing on the extra board, provided he/she reports his/her release and availability to the Crew Dispatcher. If Crew Dispatcher is not so notified, he/she will be marked last out and no money allowance will be made.
2. Call and Release (runaround). An extra board yardmaster, including a yardmaster augmenting the extra board, who is called and reports for duty and is thereafter released through no fault of his/her own and is runaround as a result thereof, will be allowed four (4) hours at the highest straight-time rate applicable to any of the positions for which he/she may have been runaround, and if no service is performed on the shift range in which called, he/she will retain his/her standing on the extra board for subsequent service provided he/she reports his/her release and availability to the Crew Dispatcher. If the Crew Dispatcher is not so notified, he/she will be marked last out and no money allowance will be made.
3. Runaround (no service performed). An extra board yardmaster who is available for service and not used in his/her proper turn on a shift range through no fault of his/her own will be allowed four (4) hours at the highest straight-time rate applicable to any of the positions for which he/she may have been runaround, and if no service is performed on the shift range in which called, he/she will retain his/her standing on the extra board for subsequent service.
4. If runaround under conditions described in paragraphs 2 or 3, and as a result thereof no service is performed on the calendar day such runaround occurred, he/she will be allowed the amount of earnings he/she would have made, if he/she had been properly called in turn, instead of the four (4) hours at the highest straight time rate applicable to any of the positions for which he/she may have been runaround, and will retain his/her standing on the extra board.
5. Payments of either four (4) hours or lost earnings under these rules will be applied against any guarantee, but will not be utilized in computing the number of shifts worked in the work week.
EXAMPLE: During the week of December 5-11, 1994, Extra Board Yardmaster "A" receives two (2) days guarantee (totaling $348.12). However, during the same week, said yardmaster is entitled to two (2) days lost earnings at the overtime rate of Assistant General Yardmaster (totaling $529.62) under Article 10, Section G.4. Under the circumstances, the Company applies $348.12 toward the guarantee, and Yardmaster "A" receives the remaining $181.50.
H. 1. Yardmasters assigned to the extra board who make request for a vacancy under Article 7, lose the standing they have on the extra board at the time request is made, and on return to their extra board positions stand last out.
2. Assigned yardmaster (excluding extra board yardmaster) may make request for a temporary vacancy of an extra board yardmaster. Such yardmaster goes last out on the extra board at the time such request is made, or on becoming available to be marked to the extra board, and loses the turn or standing he/she has on the extra board on return of the extra board yardmaster to his/her position on the extra board.
I. 1. Assigned extra board yardmasters must be available during calling periods as designated in Article 8. An assigned extra board yardmaster not available for service during calling periods will be put to the bottom of the extra board behind all assigned extra yardmasters including those who performed service on that shift, and his/her extra board guarantee for the week reduced accordingly.
2. A yardmaster who is augmenting the extra board who is properly called for service and declines the call, does not have to be called again for the shift range on which he declined the call.
J. When yardmasters fill two (2) or more vacancies having the same on-duty time, they will have their choice of such vacancies in the following order:
1. The first out extra board yardmaster will have his/her choice of vacancies.
2. An extra board yardmaster who has not worked five (5) shifts will have preference of choice over an augmented extra board yardmaster.
3. Senior augmented extra yardmasters will have preference of choice over junior augmented extra yardmasters.
K. Extra yardmasters who complete five (5) shifts in a work week will be marked up and retain their respective turn on the rotating extra board for the balance of the work week, except they will be run around by extra yardmasters who have not yet accumulated five (5) shifts in the work week. Use of an extra yardmaster in seniority order for service in excess of five (5) shifts in a work week will not change his/her position on the rotating extra board for the next work week.
Article 11 SENIORITYA. 1. Yardmasters included within the scope of this agreement constitute one (1) seniority class. Subsequent to August 13 ,1991, the Company may advertise Extra Board Yardmaster positions with paid training and the applicants who are accepted will be given an interim yardmaster seniority date. Upon successful completion of said training, employees will be given a permanent yardmaster seniority date of the date they entered training as a yardmaster, provided they successfully complete the training and are deemed by the Company to be qualified to work as a yardmaster. In the event all yardmaster service is discontinued in a terminal, any yardmaster who transfers therefrom to another yard where yardmaster service is maintained, within six (6) months of the date the last yardmaster's assignment in the former terminal is discontinued, shall be accorded the same seniority date as yardmaster in the terminal to which he/she transfers, except that any yardmaster promoted in that terminal prior to June 1, 1963 for Southern Pacific Transportation Company (Western Lines), November 1, 1972 for Southern Pacific Transportation Company (Eastern Lines), January 1, 1973 for St. Louis Southwestern Railway Company and December 1, 1994 for Denver & Rio Grande Western Railroad Company will have protected seniority in that terminal.
B. System seniority lists of yardmasters on Southern Pacific Transportation Company (Western Lines), Southern Pacific Transportation Company (Eastern Lines) and St. Louis Southwestern Railway Company shall be issued by the Regional Crew Dispatching Office as of January 1st of each year, showing the name, seniority date, work location and (if applicable) prior rights terminal of each yardmaster. The seniority lists shall be open for correction of errors and omissions for a period of ninety (90) days from date of issuance. No changes shall be made in names or dates shown on the list subsequent to the ninety (90) day period, except in cases pending prior to the expiration of the ninety (90) day period. The General Chairman and Local/District Chairman having jurisdiction shall each be furnished a copy of the seniority list.
C. If two (2) or more employees, both of whom hold seniority in another class of service, are assigned to position of yardmaster on the same date, their seniority standing as yardmaster shall be the same as their relative seniority standing in other class of service.
D. Yardmasters promoted from the ranks of switchman shall retain their seniority as switchmen, and in the event of reduction in force and there are no junior yardmasters for them to displace, shall be privileged within five (5) days (or if on leave of absence account of sickness or other reasons, for five (5) days from date of return) to displace a junior switchman. Yardmasters temporarily reduced shall retain their seniority date as yardmaster.
E. If an additional yard is established, the necessary position or positions of yardmaster shall be advertised to yardmasters at terminals agreed upon by General Chairman and Company's Manager of Labor Relations.
F. If a yard is discontinued or is changed from one location to another location, the seniority status of yardmasters affected, for the purpose of establishing said yardmasters in other yards, shall be arranged by agreement between the Company's Manager of Labor Relations and the General Chairman of the Western Railway Supervisors Association.
G. A yardmaster who is displaced, or whose position is abolished or is advertised under Article 7 (A.1), shall within five (5) days (or within five (5) days from date of return to duty if on leave of absence or absent account sickness, vacation or other reasons) exercise his/her seniority to displace any junior assigned yardmaster or to obtain any advertised vacancy or new position.
H. Yardmasters absent on account of illness, vacation, leave of absence, or other reasons, shall be privileged to exercise their seniority within five (5) days from date of return to duty to obtain any position which has been advertised under the provisions of Article 7 (A.1) and assigned to a junior yardmaster during their absence. In the application of this section, a yardmaster will be considered absent if he/she does not perform service during the seventy-two (72) hour period a yardmaster position is advertised under Article 7 (A.1).
I. Exchange of seniority rights between yardmasters from one yard to another, each assuming only the yardmaster seniority rights of the other, will be permitted, subject to the approval of Company's local officer in charge of the terminal, Local/District Chairmen representing yardmasters affected, the General Chairman of the Western Railway Supervisors Association and Company's highest designated officer.
J. A yardmaster promoted to an official position in the service of the Company, or exclusively employed by either the Western Railway Supervisors Association or the Transportation Communications Union, or a yardmaster assigned to a special project by the Company when approved by the WRSA, will retain seniority as yardmaster.
K. A yardmaster will not be privileged to work in any other craft not covered by the current yardmasters agreement when his/her seniority entitles him/her to work as yardmaster. If a yardmaster voluntarily relinquishes his/her position and thereafter declines to work as a yardmaster he/she will thereby forfeit his/her seniority as a yardmaster.
L. 1. Yardmasters employed on or prior to November 1, 1972 for Southern Pacific Transportation Company (Eastern Lines), January 1, 1973 for St. Louis Southwestern Railway Company and September 1, 1991 for Southern Pacific Transportation Company (Western Lines), shall have and retain all prior rights as yardmasters on their respective seniority districts which were in existence prior to the effective date of this Consolidation Agreement.
2. In the event two (2) or more yardmasters established seniority dates on their original seniority districts on the same date, they will be placed on the system seniority roster in accordance with the order in which they went on duty for the service, providing such information is available from Company's records; if not so available they will be placed on the seniority list in alphabetical order.
NOTE: System seniority applies only to the line (Eastern Lines, Western Lines or St. Louis Southwestern Railway Company) on which a yardmaster was promoted.
3. Yardmasters employed subsequent to November 1, 1972 for Southern Pacific Transportation Company (Eastern Lines), January 1, 1973 for St. Louis Southwestern Railway Company and September 1, 1991 for Southern Pacific Transportation Company (Western Lines), will not hold any prior seniority rights as yardmasters in any yard, but will be placed on the system seniority roster and will rank in accordance with the date and time they performed their initial service. In the event two (2) or more yardmasters perform initial service as yardmasters at the same time and date, they will be placed on the system seniority roster in alphabetical order.
4. Yardmasters will be permitted to voluntarily transfer from one yard to another yard only under the following conditions:
a. By being the successful applicant for a bulletined position, and remaining at the yard transferred to for a period of not less than thirty (30) days, provided seniority is sufficient to hold a regular assignment at that yard.
b. When there are sufficient yardmasters remaining in the yard transferring from, to protect all regular assignments, including regular extra board assignments.
5. In the application of this Agreement the method of handling bulletin applications or vacancy and assignment notices will not be extended beyond the yard involved, unless mutually agreed to; however, those yardmasters desiring information concerning other yards may utilize Company's telephone facilities to obtain such information.
6. Yardmasters transferring from one yard to another will do so and qualify for positions without expense to the Company.
Article 12 ATTENDING
COURT-CORONER'S INQUESTA. A yardmaster who is instructed by the proper officer to attend court, coroner's inquest or investigation as a witness in behalf of the Company, or to report to Company attorney to make statement in connection with legal proceedings to which the Company is a party, and is unable to perform work on his/her assignment as a result, will be paid for actual time lost.
B. If required to attend court or inquest or give statement to Company attorney outside the hours of his/her assignment, a yardmaster will be compensated at one-eighth (1/8th) of the pro rata daily rate of the position to which he/she is assigned for each hour in attendance, computed from the time he/she is required to report until released, with a minimum of four (4) hours. The maximum allowance on any calendar day for court or inquest service will be eight (8) hours. This section (B) will also apply to a regularly assigned yardmaster attending a formal investigation at the instance of the Company, the developments of which place no fault or responsibility on him, provided said investigation has not been requested by the yardmaster as a hearing under Article 17 (A.4).
C. If, under Sections (A) and (B) of this article, the proceedings are held in a city or town which is not within the yard limits of the yard where the yardmaster is employed, such yardmaster will be reimbursed for actual necessary expenses incurred in connection with such attendance.
Article 13 JURY
DUTYA. Each regularly assigned yardmaster who is summoned for jury duty and who is required to lose time from his/her assignment as a result thereof shall be paid for actual time lost with a maximum of a basic day's pay at the straight time rate of his/her position for each day lost less the amount allowed him/her for jury service for each such day, excepting allowances paid by the court for meals, lodging, transportation, subject to the following qualification requirements and limitations:
1. Each yardmaster must furnish the Company with a statement from the court of jury allowances paid and the days on which jury duty was performed.
2. The number of days for which jury duty pay shall be paid is limited to a maximum of sixty (60) days in any calendar year.
3. No jury duty pay will be allowed for any day as to which a yardmaster is entitled to vacation or holiday pay.
4. A yardmaster will not be required to work on his/her assignment on days on which jury duty:
a. ends within four (4) hours of the start of his/her assignment; or
b. is scheduled to begin during the hours of his/her assignment or within four (4) hours of the beginning or ending of his/her assignment.
Article 14 BEREAVEMENT
LEAVEThe application of bereavement leave shall be modified to permit payment of three minimum basic days' pay at the rate of the last service rendered for bereavement leave without regard to whether the employee stood to perform service on any of the three days. Bereavement leave will be allowed in the case of death of an employee's following relatives: Brother, sister, parent, child, spouse, spouse's parent, half-brother, half-sister.
Article 15 LEAVE
OF ABSENCEA. Yardmasters representing the Western Railway Supervisors Association, who are employees of the Company, shall be granted leave of absence and transportation on Southern Pacific Transportation Company (Western Lines), Southern Pacific Transportation Company (Eastern Lines), St. Louis Southwestern Railway Company, or the Denver & Rio Grande Western Railway Company as the case may be, in connection with their duties as such.
B. Other leave of absence will not be granted to exceed thirty (30) days, with an extension of thirty (30) days at the discretion of the Manager of Field Operations at the terminal involved, except in case of sickness or disability; except further that a yardmaster who has been in the Company's service five (5) years may be granted leave of absence for one (1) year and retain his/her seniority provided he/she does not accept position on another railroad.
C. A yardmaster granted leave of absence for one (1) year under this Article and who returns before the expiration of his/her leave shall be permitted to resume service and exercise his/her seniority in accordance with Article 11 (G).
D. Yardmasters elected to a Federal or State Office, or appointed as an official of the Federal or State Government, will, if requested, be granted leave of absence as necessary to the conduct of such duties but not to exceed the duration of term of office or appointment.
E. This Article only applies to employees who have established a permanent yardmaster seniority date.