Open Collections

The Chung Collection

Chung Logo

The Chung Collection

Collective agreement between Canadian Pacific Railway Company and the Brotherhood of Railroad Trainmen… Canadian Pacific Railway Company 1963

Item Metadata

Download

Media
chungtext-1.0356889.pdf
Metadata
JSON: chungtext-1.0356889.json
JSON-LD: chungtext-1.0356889-ld.json
RDF/XML (Pretty): chungtext-1.0356889-rdf.xml
RDF/JSON: chungtext-1.0356889-rdf.json
Turtle: chungtext-1.0356889-turtle.txt
N-Triples: chungtext-1.0356889-rdf-ntriples.txt
Original Record: chungtext-1.0356889-source.json
Full Text
chungtext-1.0356889-fulltext.txt
Citation
chungtext-1.0356889.ris

Full Text

  I
A
COLLECTIVE AGREEMENT
between
CANADIAN PACIFIC RAILWAY
COMPANY
and
THE BROTHERHOOD OF
RAILROAD TRAINMEN
on behalf of the
CONDUCTORS — BAGGAGEMEN —
BRAKEMEN — YARDMEN
and   SWITCHTENDERS
employed on the
Prairie & Pacific Regions
(including Esquimalt and Nanaimo Rwy.)
Rates effective June 1st, 1963
Rules effective July 1st, 1963 7
Z
PREAMBLE
The term "Trainman" as used in this
agreement shall be understood to include
Conductor, Baggageman and Brakeman.
The term "Yardman" shall be understood
to include Yard Foreman and Helper.
o CONTENTS
Passenger  Service
Page
Article 1     9
(a)—Rates of Pay
(b)—Initial Terminal Time
(c)—Junction, Turnaround and
Intermediate Terminal Switching
(d)—Road Miles and Road Time
(e)—Final Terminal Time
(f)—Freight and Mixed Trainmen
Running Passenger Trains
Article 2—Short Turnaround Runs   15
Article 3—Monthly Guarantee  20
Article 4  21
(a)—Extra Mileage made by passenger
crews
(b)—Manning extra passenger trains
(c)—Delayed or detoured passenger
trains
Article 5  23
(a)—Consist of crews
(b)—Consist of crews on self-propelled
equipment
Article 6  26
Passenger crews handling freight cars
Article 7  27
Handling less than carload Merchandise
Article 8—Handling Government Mail ____ 28
3 o
Article 15—Held away from home
terminal  46
Article 16—Monthly Mileages :______._  47
Article 17—Way freight Service  50
Article 18—Road Switcher Service  52
Article 19—Full Crew  54
Article 20—Work Train Service  54
Article 21—  58
Extension of Yard Switching Limits
Article 22—Deadheading  59
Article 23—Miscellaneous Service  62
(a)—Doubling
(b)—Turning engines or other equipment
(c)—Loading stock
(d)—Cleaning coaches
(e)—Coupling and uncoupling hoses
(f)—Heated cars
(g)—Meals enroute
Article 24—Calling   64
Article 25—Called and cancelled  65
Article 26—Rest  65
Article 27—Attending Court and Held off on
Company's Business  68
Article 28—Piloting   69
Article 29—Leave of Absence   70
Article 30—Caboose rules  71
Article 31—Defective equipment   74
Article 32—Investigation and discipline __ 75
Article 33—Experienced men   76
Article 34 i ... 77
Trainmen temporarily transferred Article 35—Seniority     78
Article 36  ____   90
Preference of Work and Promotion
Article 37—Filling temporary vacancies     95
Article 38—Zone arrangement  101
Article 39   106
Wages tickets and time not allowed
Article 40—Vacations  107
Article 41—Electric Lanterns   113
Article 42—Assigned Service Conditions 114
Article 43—Changing Home Terminals .. 116
Article 44—Health and Welfare  116
Article 45—Double Heading and Helping 118
YARD  RULES
Article 1   123
(a) and (b)—Rates of pay
(c), (d), (e), (f), (g), (h)—Five day week
(i)—10 shifts in a 14 day period
Article 2  125
(a)—Basic day
(b), (c), (d), (e), (f)-Overtime
Article 3  129
(a) to (h)—Starting time
(i)> (j)—Lunch period
(k) to (t)—Relief assignments and days
off
Memorandum—Isolated assignments
Article 4—Rest     135
Article 5  I  135
(a)—Attending Court
(b)—Company's Business
6
o Article 6  137
Wages Tickets and Time Not Allowed
Article 7  138
Seniority, Preference of Work and
Promotion
Article 8—Switching outside yard limits 146
and work train service
Article 9—Full Crew   148
Article 10—Inexperienced Yardmen  148
Article 11—Equipment of engines  149
Article 12—Coupling or uncoupling hose 149
Article 13—Investigations and discipline 149
Article 14  151
Rest before attending investigation
Article 15—Switching cabooses  151
Article 16  151
Cabooses in transfer service and shelter
.-■■,
Article 17—Guarantee  152
Statutory Holidays
Article 18—Spare yardmen   155
Article 19—Deadheading    157
Article 20—Vacations  158
Article 21—Leave of absence   164
Article 22—Promotion to Yardmasters
and Assistant Yardmasters   166
0
Article 23—Electric Lanterns   166
Article 24—Switchtenders   168
Article 25—Health and Welfare  169
1
Local Rules
Final Settlement of Disputes
Duration of Agreement
7  Helper
January 1. 1964,
per day $19.17
pro rata 2.396
time & one-half 3.594
vacation       19.17
Switchtender
per day $16.59
pro rata 2.074
Time & one-half    3.HI
vacation 16.59
- 7 -
September 1.  196^-
$19.35
2.419
3.629
19.35
$16.75
2.094
3.141
16.75
Mav 1.  1965
$19.73
2.466
3*699
19.73
$17.07
2.134
3.201
17.07
JA £ o Revision of Rates - Yard Rules
Article 1.	
Effective:  January 1, 1964
Yard Foreman
per day • $20.69
pro rata 2.5^6
time & one-half 3.#79
vacation       20,69
September 1, 1964  Kay 1, 1965
$20.39
2.611
3.917
20. B9
$21.29
2.661
3.992
21.29
2» 9o r
Conductors             4>l6«93                          h>17*09
Baggagemen' &
Brakemen               ^14.76                         \pl4»90
From Lake Louise V/es.t and from Kelson Jest
$17.42
1*15.19
per 100 Mies
a    iqq    ti
Effective:       January 1,   1964       -September 1,
1964      May 1.
.12__i
Conductors             cpl6_ 30                         cpl6«96
Baggagemen &
Brakemen               $14 * 70                          s^14 ♦ $4
kl7.29
*X5_13
per 100 miles
"      100    »
Conductors,   Baggagemen and Brakemen who entered
December 1st,  1959,  will receive in addition to
train service prior to
the above rates a
Q                             '         O
V
. YARD RULES
ARTICLE 1
Rate per day    Pro Rata "me*        Vacation Rat.
r ¥ One-half per day
(a) Yard Foreman—
$20.28       2.535 3.803 20.28
Helper —
$18.79       2.349 3.524 18.79
Switchtender—
$16.26       2.033 3.050 16.26
(b) Pilot will receive Foreman's pay.
Engine Herder will be paid Helper's pay, and
no Yardman acting as such will be used
outside of yard limits, except as otherwise
provided in Article 8 hereof.
(c) Five Day Work Week
A work week of forty hours is established
consisting of five consecutive days of eight
hours each, with two days off in each seven,
except as hereinafter provided. The work
weeks will be established in accordance with
the Railway's operational requirements. The
foregoing work week rule is subject to all
provisions of this agreement.
(d) Beginning of Work Week
The term "work week" for regularly assigned yardmen shall mean a week beginning on the first day on which the assignment
is bulletined to work.
(e) All regular or regular relief assignments for yardmen shall be for five consecu-
123 /•"
tive days per work week of not less than
eight consecutive hours per day, except as
otherwise provided in this agreement.
(f) A yardman on a regular or regular
relief assignment who takes another regular
or regular relief assignment, or a yardman on
the spare board who takes a regular or regular relief assignment, except as provided in
Clause (i) of this article, will be permitted
to go on the assignment of his choice and
will take the conditions of that assignment.
(g) A yardman on a regular or regular
relief assignment who goes on the spare
board will, except as provided in Clause (i)
of this article, take the conditions attached
to the spare board.
(h) The operation of Clauses (f) and (g)
of this article shall not involve the Company
in increased expense or in the payment of
penalty overtime.
(i) The principle of a yardman on a regular or regular relief assignment being permitted and also restricted to five shifts per work
week will be regulated as follows.
If, for any reason, a regular yardman
works more than ten shifts in any one fourteen day period, he will be required to lay
off the number of days he is over as soon
as possible during the following fourteen day
period, except that he will be permitted to
fill his regular assignment if relief at straight
time is not available.
124 o
If a regular yardman is unable to work
ten shifts within the fourteen day period, he
will be allowed to revert to the spare board
to obtain, if possible, the allowable shifts.
Shifts worked in this manner will be paid
at straight time. Yardman must notify the
proper authority each day he desires to be
placed on the spare board and will stand first
out according to seniority. Shifts lost by
any yardman as a result of leave of absence
or sickness will be considered as shifts
worked. «
Fourteen day periods will commence on
alternative Mondays unless otherwise agreed
locally.
Representatives of the Company and the
yardmen will cooperate in the application of
this clause, recognizing the principle of restricting or permitting a yardman to five
shifts in the work week. Records necessary
for the enforcement of this clause will be
the responsibility of local representatives of
the  yardmen.
The operation of this clause will not
involve the Company in any additional
expense.
ARTICLE 2
(a) Basic   Day
Eight hours or less will constitute a day's
work. Except as provided in Clauses (k) and
(1) of Article 7, regular assigned yardmen will
not be required to be available for duty
from completion of one tour of duty until
125 s
the starting time of his next regular shift.
(b) Overtime
Except as provided in the second paragraph of this clause, yard foreman or helper
assigned to regular shifts who is required
to work in excess of eight consecutive hours
or who is required to commence work on a
second tour of duty within twenty-four hours
of the starting time of the preceding shift,
paid for at pro rata rate, will be paid for time
worked in excess of eight hours continuous
service and for the second tour of duty at
one and one-half times the pro rata rate.
Yard helper assigned to regular shifts
who is required to commence work on a
second tour of duty as foreman within sixteen hours of the starting time of the preceding shift will be paid for the second tour
of duty at one and one-half times the pro
rata  rate.
Spare yardman who is required to work
in excess of eight consecutive hours will be
paid for time worked in excess of eight hours
continuous service at one and one-half times
the pro rata rate.
Note:—The foregoing shall not apply when
changing off where it is the practice to
work alternate days and nights for certain periods, working through two
shifts to change off or where exercising
seniority  rights.
(c) Work performed by regular relief men
on assignments which conform with the
provisions of Article 3, Clauses (k) to (r) in-
126 elusive shall be paid for at the straight time
rate.
(d) Regularly assigned yardman worked
Omore than five straight time eight hour shifts
in yard service in a work week shall be paid
one and one-half times the basic straight time
rate for such excess work except:
1. Where days off are being accumulated
under Article 3.
2. When changing off where it is the
practice to work alternately days and
nights for certain periods.
3. When working through two shifts to
change  off.
4. Where exercising seniority rights from
one assignment to another.
5. Where paid straight time rates under
existing rules or practices for a second
tour of duty in another grade or class
of  service.
Noie:—Yard helper working as yard foreman is regarded as being in a different
grade of service under the application
of sub-section 5 of this clause.
Except  as  provided  in  Article   1 (i),  a
regularly assigned yardman required to work
as yardman on the days off of his assignment
shall.be paid one and one-half times the basic
straight time rate for such work.
Note:— The days off for a regularly assigned
yardman  will  be  regarded  as the 48
hour period prior to the starting time of
the first shift of the work week.    On
127 regular relief assignments which do not
have two consecutive days off, the days
off will be  regarded  as  the  24 hour
periods prior to the starting time of the
regular shift  following  each day off.
Time worked as part of the last regular
shift prior to days off but within the
48 or 24 hour period specified above is
not regarded as time worked on days
or day off.
When   an   additional  day's  pay   at   the
straight time rate is paid to a yardman for
other service performed or started during
the course of his regular tour, of duty, such
additional day will not be utilized in computing the five straight time eight hour shifts
referred to in this Clause (d).
(e) There shall be no overtime on overtime; neither shall overtime hours paid for,
nor time paid for at straight time rate for
work referred to in Clause (d) of this Article
2, be utilized in computing the five straight
time eight hour shifts referred to in such
Clause (d) of this Article 2, nor shall time
paid for in the nature of arbitraries or special
allowances such as attending court, inquests,
investigations, examinations, deadheading,
etc., be utilized for this purpose, except when
such payments apply during assigned working hours in lieu of pay for such hours, or
where such time is now included under existing rules in computations leading to overtime.
Existing rules or practices regarding the
128 basis of payment of arbitraries or special
allowances such as attending court, inquests,
investigations, examinations, deadheading,
etc., also for calls, basic day, transfer time,
stand-by time, and compensation therefore,
preparatory time, starting time (except as
otherwise provided in Article 3 and similar
rules) are not affected by the provisions of
this agreement.
(f) Any tour of duty in road service shall
not be considered in any way in connection
with the application of the provisions of this
agreement, nor shall service under two agreements be combined in any manner in the
application of this agreement, except a regular or regular relief assignment may be set up
to contain not more than five shifts in a
work week in combined service as yardman
and  yardmaster.
ARTICLE 3
STARTING   TIME
(a) Yardmen will be assigned for a fixed
period of time which except as provided for
in Article 9, shall be for the same hours daily
for all regular members of a crew. So far as
it is practicable, assignments shall be restricted to eight hours work.
Pay of yardmen will continue until they
return to the point at which they started
work.
Note:— In Winnipeg (I) and (N) yard offices
will be considered as one and the same
point.
129 (b) Regularly assigned yard crews shall
each have  a  fixed  starting  time  and the
starting time of a crew will not be changed
without at least 48 hours advance notice.
Note:—When an assignment is to be cancelled for a statutory holiday or for a
reduction in the number of assignments,
regularly assigned yardmen will receive
at least 16 hours advance notice.
(c) Where three eight hour shifts are
worked in continuous service, the time for
the first shift to begin work will be between
6:30 and 8:00K; the second, 14:30 and 16:00K;
and the third, 22:30 and 24:00K.
(d) Where two shifts are worked in continuous service, the first shift may be started
during any one of the periods named in
Clause (c).
(e) Where two shifts are worked not in
continuous service, the time for the first
shift to begin work will be between the
hours of 6:30 and 10:00K, and the second not
later than 22:30K.
(f) Where an independent assignment is
worked regularly, the starting time will be
during one of the periods provided in Clauses
(c) and (e).
(g) At points where only one yard crew
is regularly employed, they can be started
at any time, subject to Clause (b).
(h) At points where the time is changed,
yardmen will work on the time used by the
community.  When Daylight Saving Time is
130 in effect in any particular locality, the yard
starting time of yard assignments whose
work is affected thereby may be governed
by Daylight Saving Time.
(i) Yard crews will be allowed 20 minutes
for lunch between 4 hours and 5% hours
after starting work without deduction in pay.
(j) Yard crews will not be required to
work longer than 5^ hours without being
allowed 20 minutes for lunch, with no deduction in pay or time therefor.
(k) Relief Assignments
When service is required by the Company
on days off of regular assignments, it may
be performed by other regular assignments,
by regular relief assignments, by a combination of regular and regular relief assignments, or by extra yardmen when not protected in the foregoing manner. Where regular relief assignments are established, they
shall, except as otherwise provided in this
agreement, have five consecutive days of
work. They may on different days, however,
have different starting times, providing such
starting times are those of the yardman or
yardmen relieved, and have different points
for going on and off duty within the same
terminal which shall be the same as those
of the yardman or yardmen they are relieving, except that in a seniority district having
more than one spare board, such relief
assignments as are established will be man-
131 ned from the territory allotted to a particular
spare board.
(1) Where regular relief assignments cannot be established for five consecutive days
on the same shift, as provided for in Clause
(k) above, such assignments may be established for five consecutive days with different starting times on different shifts on
different days, providing such starting times
are those of the yardman or yardmen relieved, and on different days may have
different points for going on and off duty in
the same terminal which shall be the same
as those of the yardman or yardmen they
are relieving, except that in a seniority district having more than one spare board, such
relief assignments as are established will be
manned from the territory allotted to a
particular spare board.
(m) After the starting times and days of
service have been established, changes therein may be made only in accordance with
schedule or bulletin rules.
(n) Regular relief assignments for yard
crews will be established for the crew as a
unit. However, if an operational problem
exists or arises which makes it impracticable
to relieve regular or regular relief crews as
a unit, or if either of the parties desires, the
designated days off need not be the same for
individual members of a crew.
(o) Representatives of the Company and
of the employees will cooperate in designat-
132 o
ing days off of individual members of a crew.
Note:— It is recognized in the application of
the foregoing that the nature  of the
work on certain assignments will require that some member or members of
the crew have knowledge of the work
of the assignment and that this will be
considered an operational problem,
(p) Except as otherwise provided for in
this Article 3, regular relief assignments shall
be established in conformity with schedule
articles  and  practices  in  effect  governing
starting times and bulletining of assignments,
and when so established may be changed
thereafter only in accordance with schedule
and bulletin rules.
(q) At points where closed yards are
maintained and no spare board is maintained for yardmen, relief work will be performed by employees in accordance with
schedule articles and practices in effect.
(r) Rules providing for assignments of
crews "for a fixed period of time which shall
be for the same hours daily" will be relaxed
only to the extent provided in (k) and (1) of
this  Article.
(s) Accumulation of Days Off
At points where it is not practicable to
grant two consecutive days off in a work
week to regularly assigned or regular relief
yardmen, agreements may be made to provide for the accumulation of days off over
a period not to exceed five consecutive weeks.
133 (t) Non-Consecutive Days Off
If the Company contends it is not practicable to grant two consecutive days off to a
regularly assigned or regular relief yardman, and that it is necessary to establish non-
consecutive days off, representatives of the
Company and representatives of the yardmen
will confer and endeavour to agree upon
accumulation of days off or the establishment
of non-consecutive days off. If such representatives fail to agree, the Company may
nevertheless establish non-consecutive days
off, subject to the right of the yardmen to
process the dispute as a grievance or claim
under this agreement, and in such proceedings the burden will be on the Company to
prove that it was not practicable to grant
two consecutive days off.
MEMORANDUM OF UNDERSTANDING
AS TO CLARIFICATION OF ARTICLE 3
1. Memorandum of Understanding dated
September 19, 1949, signed by Messrs.
McCracken and Meecham, in regard to
assignments at Vancouver and Coquitlam continues in effect.
2. In respect to isolated assignments commencing between the hours of 24:00K
and 6:30K, such assignments may be put
into effect by mutual agreement between
both parties, except as provided under
Clause (g) of Article 3.
3. At locations in yards where three eight
hour  shifts  are worked  in  continuous
134 service, yard assignments starting outside the periods specified in Clause (c) of
Article 3, and in effect prior to July 1st,
1963 may be maintained. Effective from
July 1st, 1963 at locations in yards where
three eight hour shifts are worked in
continuous service, new assignments required to meet operating requirements
and starting outside the periods specified
in Clause (c) of Article 3, will not be
established without mutual consent.
Such consent will not be withheld by the
Brotherhood when it can be shown a
proposed starting time is necessary to
meet operating requirements.
ARTICLE 4
Rest   Rule
Yardmen will have the right to book rest
after twelve (12) hours service. All yardmen
at the completion of their shift will have
the right to book rest up to ten (10) hours
clear, with two hour call. Yardman to be
the judge of his own condition.
ARTICLE 5
Attending Court
(a) 1. Yardman who is on regular assignment
and is called as witness in court or other
public investigation by the Company or
before a Coroner's inquest in a case in
which the Company is concerned, whether
or not the call as witness before Coroner's
inquest   is   communicated   through   the
135 Company, will be compensated to the
extent of wages which he would have
earned except for his absence as a result
of such call.
2. Yardman who is on spare board and is
called as witness in court or other public
investigation by the Company or before
a Coroner's inquest in a case in which
the Company is concerned, whether or
not the call as witness before Coroner's
inquest is communicated through the
Company, if time lost, eight hours to be
allowed per day of 24 hours, or portion
thereof.
3. If yardman is not detained from duty,
payment of wages is not required.
4. Actual reasonable expenses incurred
while away from home will be allowed.
5. Court witness fees and mileage will be
assigned to the Company in cases in which
pay is allowed.
6. If a yardman is subpoenaed for a case
in court or other public investigation
other than by the Company, and is, therefore, not called by the Company, no payment of wages or expenses is required
unless in the opinion of the officers of
the Company there are, according to the
merits of the individual case, some special
circumstances to justify it.
(b) Company's Business
Except as provided in Article 13, yardmen held off duty on Company's business or
136 o
by order of the Company's officers will be
paid at schedule rates for time lost in accordance with Clause (a), paragraph (1) and (2),
and actual reasonable expenses while away
from  home.
ARTICLE  6
WAGES  TICKET  AND  TIME
NOT   ALLOWED
(a) Ticket not allowed will be promptly
returned. If not returned to the employee
within sixty calendar days, the claim will
be  paid.
(b) When portion of claim is not allowed,
the yardman will be promptly notified and
reason given; the undisputed portion to be
paid on current pay roll.
(c) If an appeal is to be made regarding
a claim not allowed, it must be presented in
writing by the yardman or his accredited
representative to the proper officer of the
railway within sixty calendar days from the
date he was advised the claim was not
allowed.
(d) Claim made within the prescribed
time limits when disallowed may be progressed with the higher officers of the Railway in their proper order on appeal in
writing within sixty calendar days from the
date of each notification of declination, otherwise such claims become invalid. If notification of declination is not given within sixty
calendar days of appeal, then the claim will
be paid.   If not so notified, the claim shall
137 be allowed as presented, but this shall not
be considered as a precedent or waiver of
the contentions of the Company as to other
similar claims.
(e) The decision by the highest officer
designated by the Railway to handle claims
shall be final and binding unless within
sixty days from the date of such officer's
decision such claim is disposed of on the
property or proceedings instituted for the
final disposition of the claim by the yardman
or his accredited representative and such
officer is so notified. It is understood, however, that the parties may by agreement
in any particular case extend the sixty day
period herein referred to.
ARTICLE  7
SENIORITY, PREFERENCE OF WORK.
AND   PROMOTION
(a) The Company will prepare a seniority
list for each seniority territory. Yardmen will
have access at all times to such lists, which
will be posted in a conspicuous place in the
yard offices. Such lists will be compiled and
posted January 1st each year and will contain a list of all yardmen and their seniority
standing. The Company shall on request give
favorable consideration to the issuance of
a supplementary list for yardmen at any
specific location in July, if due to the number of changes that have taken place such
supplementary list is justified. Yardmen
who claim their standing is incorrectly shown
138 o
must protest in writing within ninety days
of the date of posting of the seniority list on
which the alleged error first appears, except
that a yardman absent on leave or through
illness may enter his protest within ninety
days after returning to service. If protest
is not received within the prescribed time
as above stated, no action will be taken.
A new helper shall not be regarded as
permanently employed until after six
months service, that is six months from date
of making first pay shift, and if retained,
shall then rank on the seniority list from the
date and time he commences his first pay
shift covered by this Agreement. In the
meantime, unless removed for cause, which
in the opinion of the Company renders him
undesirable for its service, the helper shall
be regarded as coming within the terms of
the Agreement.
(b) Helpers will be required to pass examination for yard foreman as required in
their turn, but in any event not later than
five years from their initial date of employment as helper, and will be advised in writing, a copy to be furnished to the Local
Chairman. Any helper not promoted will be
promptly advised the reason in writing. Any
helper failing to qualify for promotion will
be given a second trial not less than two
months or more than six months later. Failing to pass on second examination, he will
rank junior as helper to those subsequently
139 promoted as foreman. If by reason of sickness or other proper leave of absence, a
helper is unable to take his examination at
the appointed time, he shall be required to
take examination within sixty days of his
return to duty.
Note:— Men who entered the service as yardmen prior to January 1, 1945, and who
lost their promotion rights under former promotion rules will not be considered as regaining any rights as a result
of this Agreement. Men who have
established promotion rights as foremen
prior to July 1st, 1963 will retain their
rights as such.
(c) A helper will have no seniority standing as yard foreman until qualified as provided for in Clause (b) of this article and
will then rank as yard foreman in the same
order as he ranks as helper. When a non-
promoted helper is required to take charge
of a crew as foreman, it will not count as
promotion.
(d) Yardmen will have preference of
work and promotion according to seniority
in the one or more yards under their respective  superintendents.
Yardmen established on separate seniority lists at Cranbrook and Nelson-Tadanac
prior to July 1st, 1963, will retain their rights
on previously constituted seniority territories.
140 o
Subsequent amalgamation of superintendents territories — yardmen affected will be
protected in a like manner from the date of
amalgamation.
(e) A yardman may claim preference of
work in accordance with seniority in another
yard to a bulletined position or by giving
ten days notice and will be required to
remain in such yard for not less than one
year unless he is successful applicant to a
bulletined position as provided in Clause (g)
or unless he cannot hold a regular assignment in that yard, and can only be displaced
from that yard during this period by a senior
man working in that yard or by a man who
is otherwise unable to hold a regular position
on his promotion territory.
When a yardman who has claimed preference of work in another yard in accordance
with the first paragraph of this clause is
displaced and cannot hold a regular assignment in such yard prior to the expiration of
the one year period, he may claim preference
of work in any other yard on his promotion
territory, subject to the one year provisions
of the first paragraph of this clause except
as provided in the third paragraph of this
clause.
A yardman unable to hold a regular assignment in the yard in which he was
assigned, may move to another yard for a
regular assignment without ten days notice
and will then be governed by the provisions
141 of this clause, except he will not be subject
to the one year restriction imposed so that
he may return to his former yard when his
seniority entitles him to a regular position,
including vacancies of five days or more in
that yard. A yardman desiring to return to
his former yard under these conditions, will
notify the officer in charge who will advise
him of vacancies occurring and such yardman will fill the vacancy immediately or
otherwise forfeit his right to that vacancy.
A yardman unable to hold the spare board
in the yard to which assigned, may move to
another yard under the same conditions applying to a yardman unable to hold a regular
position and may return to his former yard
when able to hold the spare board.
(f) A yardman exercising seniority to a
regular position in the yard to which assigned, will be required to hold it for not
less than thirty days and will be permitted
to move on giving twenty-four hours written notice to the officer in charge indicating
the assignment he desires, except if a vacancy
of five days or more occurs, the senior man
shall have preference.
(g) Permanent vacancy or new assignment will be advertised for five days and
given to the senior qualified man applying
therefor. If no applications are received, the
senior helper on the spare board in the yard
where the new assignment is created will
be assigned. If no spare man is available in
that yard, the junior spare man working on
142 o
o
the seniority territory will be assigned but
he will be allowed to revert to his former
yard, if he so desires, and will be relieved
when he is no longer the junior man. Deadheading resulting from the proper application
of this clause will not be paid for.
A permanent vacancy is defined for the
purpose of this article as a vacancy created
as a result of severence of service or promotion to an official position.
(h) Extra yard engines in service five consecutive days, the starting time of which
has not varied more than one hour and thirty
minutes on any one of the five days, will
thereafter be considered a new assignment.
(i) Vacancy of less than five days will be
filled by spare man. A vacancy of five consecutive days or more, or a vacancy known
to be of five consecutive days or more, may
be taken immediately by the senior yardman
in that yard desiring such vacancy except as
provided in the third paragraph of Clause (e)
and arrangements may be made between the
Local Chairman and local officers to post
notice advising of such vacancies and method
of filling same.
(j) A yard foreman may work as a helper
on any regular assignment his seniority entitles him to, as long as all assignments for
yard foremen are filled with promoted men,
otherwise the junior promoted man holding
a regular assignment as helper in that yard
will be placed on the vacancy as foreman.
If a promoted man is not available in
143 that yard, the junior promoted man working
as a helper on the promotion territory will
be placed on the vacancy as foreman.
A yard foreman required to move to another yard under the provisions of the second
paragraph of this clause, will be allowed to
revert to his former yard as helper or yard
foreman if he so desires and will be relieved
when he is no longer the junior promoted
foreman.
k) WThen an extra engine is required, the
helper with senior foreman's rating on the
yardmen's spare board will be used as foreman and if the extra engine is started at a
time when no promoted men are on the spare
board, the helper with junior foreman's rating starting at the same time in that particular yard and if none are available at that
starting time, the one from the closest following shift will be used when proper notice
is given him, two hours being considered
sufficient.
As an exception to the above, when an
extra engine is started between the hours of
22:30 and 24:00K and no spare foreman is
available at the same time or on a following
shift between these hours, the available helper with junior foreman's rating starting between 22:30 and 24:00K nearest to that time
will be used.
(1) When a regular foreman books off from
one to five days, the helper with senior foreman's rating  on the assignment  will take
144 o
charge of the crew, otherwise the crew will
be manned as per Clause (k) of this article.
(m) A yardman returning to service after
being absent for more than five days for any
reason will be required to give at least twelve
hours notice on resuming service.
(n) A yardman unable to hold a regular
assignment in a particular yard may revert
to the spare board in that yard in preference
to going to another yard for a regular position, subject to the provisions of Clauses (g)
and (j) of this article.
A yardman displaced will be advised and
must select his new assignment within two
hours of notification. If local conditions warrant, the two hour period may be extended
by mutual arrangement between the Local
Chairman and the local officers.
A yardman failing to comply with these
regulations will be required to give at least
twelve hours notice before taking his new
assignment and during this period such yardmen will be available for spare work if no
other spare yardmen at straight time rate are
available.
(o) When a new yard is created which
affects the employment of yardmen on an
adjacent seniority territory, representatives
of the Company and of the Organization will
meet to decide how the new yard will be
manned and in such discussions, the fundamental rights of yardmen affected on both
seniority territories will be recognized.
145 (p) Deadheading in the exercise of seniority or deadheading to fill vacancies resulting
from the exercise of seniority will not be
paid for.
ARTICLE 8
SWITCHING OUTSIDE OF YARD LIMITS
AND WORK TRAIN SERVICE
(a) Yardman will not be required to go
outside of yard terminals except for switching or transfer service, and yard crews whose
work takes them outside of the switching
terminals will receive Yardman's rates.
(b) Yardman allotted to other than his
regular duties will receive not less than
schedule rates of pay for yardman. If a
yardman is used in an emergency in road
service, road rates and conditions will apply.
Ruling:   The first sentence of this clause
means that a yardman will receive not less
than his schedule rate per hour for all time
engaged in other than his regular duties,
but not less than his daily guarantee, except when used to relieve a yardmaster,
assistant yardmaster or stationmaster for
thirty consecutive days or more, he will
be paid the rate of the man relieved.
Note:— The above will not prevent the Company from using yardmen to  handle
high explosives to powder houses adjacent to terminals, or for the purpose
of handling mill or transfer work within
a reasonable distance of terminal.  The
superintendent will regulate the man-
; 146 \
o
ning of a crew to protect a pile driver
working within a terminal.
(c) Yardmen shall man all work train
service operating exclusively within the
recognized confines of terminal switching or
yard limits and may be assigned to combined
work train and switching service, this service to be paid for under yard rates and conditions, excepting that road crews will handle
this work in the smaller terminals where
there are not sufficient yard crews to man
this service, and will be paid at road rates
and under road work train conditions.
The necessity of changing or re-establishing recognized switching limits, in order to
render switching services required because
of extension of industrial activities and territorial extension of facilities must be
recognized.
The present switching limits will be
designated by general notice at all points
where yard engines are assigned and will
only be changed by negotiations between the
proper officer of the Company and the General Chairman. The concurrence of the
General Chairman will not be withheld when
it can be shown that changes are necessitated
by industrial activities and territorial extension of facilities. Yard limit boards may or
may not indicate switching limits.
In the extension of switching limits, the
rights of road men thereon will be conserved
by negotiations respecting the allocation of
147 work therein between road and yardmen.
This Article 8 is not intended to prevent
the Company from using yardmen to switch
industrial tracks within reasonable distance
of existing terminal switching limits.
ARTICLE 9
FULL   CREW
A yard crew shall consist of not less than
a foreman and two helpers, except where
special arrangements are made between the
officers of the Company and the General
Chairman.
The engine follower of a yard crew may
be used individually to accompany movement of the locomotive used during the regular shift between yards, change off points
and shop tracks at the beginning or end of
the regular shift on the basis of continuous
time payment; time to be computed from the
time required to report for duty until released from duty. When so used he will
start and finish at the same point as the
other members of the crew. If such yardman
is held on duty after the time claimed on
the regular wage ticket, he will submit his
own wage ticket for such excess time.
ARTICLE 10
INEXPERIENCED YARDMEN
Yard foreman will not be compelled to
work with an incompetent helper, after such
man has been reported in writing to the yard-
master, unless his incompetency is disproved.
148 o
Yard foreman will not be compelled to work
with two inexperienced helpers, if experienced helpers are available.
ARTICLE 11
EQUIPMENT OF ENGINES
(a) Yardmen will not be required to work
with an engine that is not properly equipped
with footboards, grab irons, automatic couplers and headlights.
(b) Yardmen will not be required to move
cars by the use of stake, cable or chain between engine and cars or between cars
except in cases where the draft gear is damaged or in some other temporary emergency.
This will not be construed to interfere with
Article 12.
ARTICLE 12
COUPLING OR UNCOUPLING HOSE
Yardmen will not be required to couple
or uncouple air or steam hose on cars or
chain up cars in yard or on repair tracks
where carmen are employed.
ARTICLE 13
INVESTIGATIONS—DISCIPLINE
(a) When an investigation is to be held,
each employee whose presence is desired
will be notified as to the time, place and
subject matter.
(b) An employee, if he so desires, may
have an accredited representative of the
Brotherhood assist him.   The employee will
149 sign his statement and be given a carbon
copy of it.
(c) If the employee is involved with responsibility in a disciplinary offense, he shall
be accorded the right on request for himself
or an accredited representative of the Brotherhood, or both, to be present during the
examination of any witness whose evidence
may have a bearing on the employee's responsibility, to offer rebuttal thereto and to
receive a copy of the statement of such witness.
(d) An employee will not be disciplined
or dismissed until after investigation has
been held and until the employee's responsibility is established by assessing the evidence produced and no employee will be
required to assume this responsibility in
his statement or statements. An investigation shall be held and the employee advised
in writing of the decision within 15 days
from the time the report is rendered, except
as otherwise mutually agreed.
(e) An employee is not to be held off unnecessarily in connection with an investigation. Lay-over time will be used as far as
practicable. An employee who is found
blameless, or an employee called by the Company as a witness will be reimbursed for
time lost in accordance with Article 5, Clause
(a), paragraphs (1), (2), and (4).
(f) If the employee should desire to make
an  appeal  from  the  decision  rendered,  it
150 o
o
must be instituted at division level within
sixty days from his receipt of the decision.
(g) When an employee is dismissed or
resigns he shall within five days be paid,
and as soon as possible on request be given
certificate of service.
ARTICLE  14
REST BEFORE ATTENDING
INVESTIGATION
Yardman who is on night duty shall not
be required to attend an investigation into
a matter duly reported until he has had an
opportunity of having at least eight hours
rest after going off duty, unless the extreme
urgency of the case demands otherwise.
ARTICLE 15
SWITCHING CABOOSES
On arrival of freight trains in terminal
receiving yards, and before trains are switched, vans shall be taken off trains and placed
in van siding and disturbed as little as possible until again required. Yardmen shall
not switch or make up trains with vans
attached.
ARTICLE 16
CABOOSES IN TRANSFER SERVICE
AND SHELTER
Yardmen in transfer service will be supplied with a caboose or other suitable car
properly equipped.
151 At points where two or more yard engines
are employed, suitable shelter will be provided for the accommodation of yardmen.
ARTICLE 17
GUARANTEE
(a) A regularly assigned yardman who
does not lay off of his own accord will be
paid not less than the number of days in the
month, less the bulletined days off of the
assignment and statutory holidays; or his
proportion thereof when an assignment is
created or discontinued. Overtime and allowances for specified holidays provided in
Clause (d) of this article will not be applied
against the guarantee. This will not apply
to spare men. The statutory holidays referred to are: New Year's Day, Good Friday,
Victoria Day, Dominion Day, Labour Day,
Thanksgiving Day, Christmas Day, provided
that when any of the above holidays fall on
Sunday, the day substituted by the Federal
Government, shall be observed.
(b) An assignment will not be cancelled
on a working day of that assignment and
worked on the statutory holiday to avoid
payment of guarantee for the working day
cancelled, except that by mutual agreement
between the Representatives of the Company _
and the Representatives of the yardmen
present practice will be continued respecting a shift immediately preceding the statutory holiday being regarded as the statutory
holiday.
152 o
o
(c) In event a regular or regular relief
job or assignment is abolished, schedule rules
and practices will govern,
(d) Statutory Holidays
(1) Regularly assigned employees who
qualify in accordance with Section 2
hereof shall receive eight (8) hours
straight time for each of the following
statutory holidays:
New Year's Day     Dominion Day
Good Friday Labour Day
Victoria Day Thanksgiving Day
Christmas Day
provided that when any of the above
holidays fall on Sunday the day substituted by the Federal Government
shall be observed. Employees required
to work on such holidays shall in addition be paid for time worked in accordance with the provisions of the Wage
Agreement.
(2) In order to qualify for pay for any one
of the holidays specified in Section 1
hereof, an employee must have rendered sixty-five (65) days cumulative
service within a twelve-month period
since the last date of employment, must
be available for duty on such holiday,
if it occurs on one of his regularly assigned work days excluding vacation
days and must render compensated
service on the work day of his work
week immediately preceding and the
153 work day of his work week immediately following such holiday. A qualified
employee whose vacation period coincides with any of the statutory holidays above will receive an extra day's
vacation with pay instead.
(3) Spare yardmen and men on joint and
common spare boards required to perform yard service on the above specified
holidays shall be paid in accordance
with the applicable rules of the Wage
Agreement and shall receive in addition
eight (8) hours pay for the position
filled at pro rata rates.
(4) Only one basic day's pay shall be paid
to an employee for a statutory holiday
irrespective of the number of shifts
worked. Such payment shall be at the
rate of the highest rated position
worked in yard service on that day.
An employee entitled to payment for a
statutory holiday on which his assignment does not work, shall be paid at
the rate of the position he would have
filled had his assignment worked on the
holiday.
Shifts commencing between 12 midnight and 11:59 p.m. both inclusive, on
the specified holiday shall be considered
as work on the specified holiday.
154 ARTICLE   18
SPARE  YARDMEN
(a) Representatives of the Company and
the yardmen will cooperate in the establishment of a spare board at each point where
yard service is maintained to the end that
relief service may be provided.
The service of spare yardmen will as
nearly as possible be so regulated by the
Local Chairman and officers of the Company,
that they will earn a minimum of sixteen
days per month at yard rates. This is not
to be construed as constituting any guarantee.
(b) Any shift in yard service in excess of
ten straight time shifts worked by a spare
yardman in a fourteen day period will be
paid for at time and one-half. It is recognized
that the Company is entitled to have a spare
yardman work ten straight time shifts in
yard service in a fourteen day period. A
spare yardman who has worked ten straight
time shifts in yard service in a fourteen day
period will remain on the spare board, but
will not be used in yard service during the
remainder of that period if other spare yardmen are available.
Fourteen day periods for the purpose of
this clause will commence on alternate
Mondays unless another day is agreed upon
for any particular yard.
(c) Yardmen on the spare board will be
called first-in first-out except as provided in
155 clauses (b) and (h) of this article. If run
around, through no failure on his part, a
spare yardman will be paid for three hours
and stand first out.
(d) A yardman reduced will be notified
and when reverting to the spare board will
do so immediately and take his turn on
the board from the time of booking on.
(e) A spare yardman called and afterwards cancelled or set back will be paid
three hours at the pro rata rate and will
stand first out. If cancelled after time
ordered to commence duty, he will be paid
eight hours at the pro rata rate and will be
liable for further service to the extent of
a minimum day.
(f) A spare yardman not available for
call in his turn will be placed at foot of spare
board.
(g) A spare yardman will be considered
available for service unless leave of absence
has been granted. In such cases they must
notify the General Yardmaster in writing
when they are again ready for service.
(h) Nothing in this agreement shall obligate the Company to work a spare yardman at
overtime rate when there is a spare yardman
who could work at pro rata rate.
(i) Where men now or may in the future
hold seniority in both road and yard service
and agree to work from common spare board
protecting both classes of service necessary
rules shall be negotiated between representa-
156 tives of the Company and representatives of
the Union.
ARTICLE   19
DEADHEADING
(a) Yardmen deadheading at the instance
of the Company will be paid at their regular
hourly rates, overtime pro rata, with minimum of one day's pay, unless they are used
in other service within twenty-four (24) hours
from time pay for deadheading commences,
in which case they will be paid not less than
one day's pay for the combined service. Time
paid for deadheading will be deducted when
computing overtime in combined service.
(b) When, under the five day work week,
the Company is compelled to order yardmen
to go to a subsidiary or outlying point
because (1) no spare board has been established there, and (2) sufficient regular relief
assignments cannot be set up to take care of
all "days off", resulting in excessive deadheading mileage being involved, representatives of the employees and representatives of
management will cooperate in working out
suitable arrangements in individual cases
with a view to providing relief at minimum
expense to the railways. A yardman exercising seniority to a job or assignment will not
be paid deadheading.
157 ARTICLE  20
ANNUAL VACATIONS
Section 1
(a) An employee who, at the beginning
of the calendar year, has less than two years
continuous employee relationship, but who
has had more than thirty days compensated
service and/or available for duty in the preceding calendar year, shall be allowed one
working day's vacation with pay for each
fifty (50) days worked and/or available for
service, or a major portion of such days, during the preceding calendar year, with a maximum of five working days, until qualifying
for further vacation under clause (b) of this
section.
(b) An employee, who, at the beginning of
the calendar year has two or more years continuous employee relationship, and has more
than thirty days compensated service and/or
available for duty in the preceding calendar
year, shall be allowed one day's vacation with
pay for each 25 days worked and/or available for service, or a major portion of such
days, during the preceding calendar year,
with a maximum of ten working days until
qualifying for further vacation under Clause
(c) of this section.
(c) An employee who, at the beginning of
the calendar year, has maintained a continuous employee relationship for at least fifteen
years and has completed 3750 days compensated service and/or available for duty,
158 shall be allowed fifteen working days vacation with pay during such year, and in subsequent years shall be allowed one working
O day's vacation with pay for each 16% days
worked and/or available for service, or a
major portion of such days, during the preceding calendar year, with a maximum of
fifteen working days, until qualifying for
further vacation under Clause (d) of this
section.
(d) An employee who at the beginning of
the calendar year has maintained a continuous employee relationship for at least twenty-
five (25) years and has completed 6250 days
compensated service and/or available for
duty shall be allowed twenty(20) working
days vacation with pay during such year,
and in subsequent years shall be allowed one
working day's vacation with pay for each
12x/2 days worked and/or available for service or major portion of such days during the
preceding calendar year, with a maximum of
twenty (20) working days.
(e) In computing service under clauses
(a), (b), (c) and (d) of this section, days
worked in any position covered by similar
vacation rules will be accumulated for the
purpose of qualifying for vacation with pay.
f** (f) Time off duty on account of bona fide
illness, injury, or to attend organization business, not exceeding a total of fifty days in
any calendar year, shall be included in the
computation of service for vacation purposes.
159 (g) An employee will be compensated for
vacation on the basis of the service to which
he was assigned at the time of taking his
vacation.
Note:—The words "employee relationship"
mean continuous employee relationship,
absences for furlough or other reasons
when seniority is unimpaired will not
be deducted except as otherwise provided in Section 3 (c).
Section 2
(a) An employee who has become entitled
to a vacation with pay shall be granted such
vacation within a twelve month period immediately following the completion of the
calendar year of employment in respect of
which the employee became entitled to the
vacation.
(b) Applications for vacation from employees filed between December 15th of the
previous year and January 31st, shall, insofar as it is practicable to do so, be given
preference in order of seniority of the applicants. Such applicants will have preference
over later applicants.
Applicants will be advised in February of
the dates allotted them and unless otherwise mutually agreed, employees must take
their vacation at the time allotted.
(c) Unless otherwise mutually agreed,
employees who do not apply for vacation
prior to February 1st shall be required to
take their vacation at a time to be prescribed
160
o by the Company.
Section 3
(a) An employee who is retired, leaves
the service of his own accord, is dismissed
for cause, or whose services are dispensed
with shall be paid for any vacation due him
up to the date of termination of his service,
calculated as provided for in Section 1. Vacation allowance for services rendered in the
year service is terminated will be calculated
on the basis of time worked and/or available
for duty in that year.
(b) An employee who is laid off shall be
paid for any vacation due him at the beginning of the current calendar year and not
previously taken, and, if not subsequently recalled to service during such year shall, upon
application, be allowed pay in lieu of any
vacation due him at the beginning of the
following calendar year.
(c) An individual who leaves the service
of his own accord, or who is dismissed for
cause and not reinstated in his former standing within two years of date of such dismissal
shall, if subsequently returned to the service,
be required to qualify again for vacation
with pay as provided in Section 1.
(d) In the event of the death of an employee, vacation pay to which he is entitled
up to the time of his death will be paid to
the estate of the deceased.
161 Section 4
(a) In filling vacancies created by employees on vacation with pay, as provided
in this agreement, the schedule rules will        ^^
apply unless otherwise mutually agreed upon
between   the   General   Chairman   and   the
Assistant General Manager.
(b) Time off on account of vacation under
the terms of this agreement will not be considered as time off account employee's own
accord under any guarantee rules and will
not be considered as breaking such guarantees.
QUESTIONS AND ANSWERS
1. Q. Do the words "working days vacation
with pay", appearing in section 1 (a), (b),
(c) and (d) mean the days on which the
assignment is bulletined to work?
A. Yes.
2. Q. Under section 1 (b), (c) and (d) are two
qualifications required, i.e. two, fifteen,
and twenty-five years continous employment relationship and the minimum days compensated service and/or
available for duty as shown?
A. Yes.
3. Q. Should  suspensions  and  time  out  of
service account having been dismissed
but reinstated within two years, be deducted in computing service for vacation with pay?
A. An employee suspended or who was
dismissed   but   reinstated  within   two
162 years, was not available for service during these periods, and consequently, the
time out of service should be deducted
in computing service for vacation with
pay purposes.
4. Q. What   is   the   intent    of   the   word
"assigned" as used in section 1 (g)?
A. The classification in which the last service was performed prior to taking vacation, except where employees are only
intermittently employed on Yardmas-
ter's positions. For employees who have
worked regularly in both Yardmen's
and Yardmasters positions, vacation
pay will be pro-rated on the basis of
service performed in each position at
the established vacation rate for each
position.
5. Q. Must an employee take his vacation as
a continuous period?
A. Employees entitled to one or two weeks
vacation must take such vacation in a
continuous period. An employee entitled to three or four weeks vacation
may, provided proper application is
made between December 15th and January 31st, and there"is no additional expense to the Company, take his vacation
in two portions, neither of which will
be less than one week.
6. Q. Where employees are displaced at the
station at which employed necessitating
them exercising their seniority at an-
163 years, was not available for service during these periods, and consequently, the
time out of service should be deducted
in computing service for vacation with
pay purposes.
4. Q. What    is    the   intent    of   the   word
"assigned" as used in section 1 (g)?
A. The classification in which the last service was performed prior to taking vacation, except where employees are only
intermittently employed on Yardmas-
ter's positions. For employees who have
worked regularly in both Yardmen's
and Yardmasters positions, vacation
pay will be pro-rated on the basis of
service performed in each position at
the established vacation rate for each
position.
5. Q. Must an employee take his vacation as
a continuous period?
A. Employees entitled to one or two weeks
vacation must take such vacation in a
continuous period. An employee entitled to three or four weeks vacation
may, provided proper application is
made between December 15th and January 31st, and there'is no additional expense to the Company, take his vacation
-»__. in two portions, neither of which will
be less than one week.
6. Q. Where employees are displaced at the
station at which employed necessitating
them exercising their seniority at an-
163 other station, may they be permitted
to take the vacation to which entitled
on the basis of time worked during the
preceding year prior to exercising their
seniority at another station?
A. Yes.
7. Q. May an employee off duty on account
of illness or injury, if he so desires,
count as vacation with pay the portion
of the time absent equivalent to the
vacation period for which he has
qualified?
A. Yes, providing the time off duty on
account of illness or injury is in excess
of twice the vacation period to which
the employee is entitled for the calendar
year.
ARTICLE 21
LEAVE OF ABSENCE
(a) Yardmen who are members of the
General Committee will be granted free
transportation in accordance with the standard regulations of the Company and leave of
absence when required for Committee work
where the necessities of the service will
allow. Notice must be given to the proper
officer of the Company in sufficient time to
arrange  relief.
(b) Yardmen at the discretion of the Company will be granted not to exceed three
months leave of absence, permission to be
obtained in writing. Such leave may be
extended by application in writing to the
164 proper officer of the Company in ample time
to receive permission or return to duty at
the expiration of leave of absence, or proof
furnished as to bona fide sickness preventing
such return.
(c) Leave of absence under this article
shall not be granted for the purpose of engaging in work outside the Company's service,
except in cases involving sickness or other
exceptional circumstances when approved
by the Assistant General Manager and the
General Chairman.
(d) The name of an employee on authorized leave of absence shall be continued on
the seniority list.
(e) Yardmen who have been laid off due
to reduction of staff will receive fifteen days
notice by registered mail when being recalled
for service, provided other yardmen are available. Otherwise they will return to actual
service when recalled. Yardmen who do not
return to actual service within fifteen days
of the date of the notice will be considered
to have resigned and their records closed
accordingly, except that in exceptional circumstances, local arrangements may be made
between the Assistant General Manager and
the General Chairman to extend the fifteen
day period.
165 ARTICLE 22
PROMOTION TO YARDMASTERS
AND ASSISTANT YARDMASTERS
Yardmen and other employees who, subsequent to January 1, 1958, accumulate 90
days service as yardmaster or assistant yard-
master, will be given preference for appointment to bulletined positions as such in
accordance with provisions of agreement
governing yardmasters and assistant yard-
masters.
ARTICLE 23
ELECTRIC LANTERNS
1. All yardmen must provide themselves
with an electric white lantern. The electric
lanterns, bulbs and batteries must be of a
standard prescribed by the Company and the
lantern must be equipped with not less than
two white bulbs for instant use and a provision for a spare white bulb to be carried
in the lantern.
2. A yardman will be furnished a white
electric lantern by the Company upon signing payroll deduction order of the actual
cost of the lantern supplied, not including
the cost of bulbs and batteries. This deduction will be made from the pay cheque in
the current payroll.
3. A yardman, who prior to January 1,
1960, has already provided himself with an
electric lantern, may continue to use it until
worn out, provided such lantern is of a satis-
166 factory type and contains two serviceable
white bulbs for instant use and a provision
for carrying a spare white bulb in the lantern,
as required under the provision of Clause 1.
4. When a yardman leaves the service of
the Company, either voluntarily, by discharge or by death, the lantern if in satisfactory condition, may be returned to the
Company, whereupon the amount of deposit,
made when the lantern was issued, shall be
refunded to the yardman or his estate.
5. Replacement of lanterns issued by the
Company will be made without cost to the
yardmen under the following conditions:
(a) When worn out or damaged in the performance of Company service, upon return of the lantern.
(b) When stolen while a yardman is on the
premises of the Company, without neglect
on the part of the yardman.
(c)When destroyed in the performance of
duty.
6. The Company will maintain at convenient locations, a supply of bulbs and
batteries to be drawn as required upon
presentation of those worn out or broken,
without cost to the yardmen.
7. In the event that due to conditions beyond the control of the Company, it becomes
unable to obtain a sufficient quantity of such
electric lanterns, bulbs or batteries for the
purpose set forth herein, the Company shall
thereby be relieved of compliance with the
167 provisions of this agreement to the extent
that such inability makes it impossible to
comply herewith.
ARTICLE 24
SWITCHTENDERS
(a) Switchtenders regularly assigned shall
have a fixed starting time which will not
be changed without at least 48 hours advance
notice.
When an assignment is to be cancelled
for a statutory holiday or for a reduction
in the number of assignments, regularly
assigned switchtenders will receive at least
16 hours notice.
(b) The following yard rules apply to
switchtenders:
Article 1; Article 2; Article 3, clauses (c),
(d), (e), (g), (h), (k), (1), (m),(p), (q), (r),
(s), (t); Article 5; Article 6; Article 7,
clause (a); Article 13; Article 14; Article
17; Article 18; Article 20; Article 21;
Article 22 and Article 23.
(c) Except where required to work longer
under regular arrangement for changing off
from one shift to another, switchtenders who
have been on duty for 12 hours or more will
have the right to book rest, the men to be
the judges of their own condition.
(d) Switchtenders will be held responsible
for the performance of their regular duties
during their lunch period.
168
o
o (e) Preference to the position of switch-
tenders will be according to seniority on the
Superintendent's Division on which employed, dating from the time service was
taken as such and retaining positions held
as of November 12th, 1919.
(f) Permanent vacancies or new jobs
created will be bulletined for ten days and
given to the senior qualified applicant.
(g) In filling positions other than as provided in Clause (f), preference will be given
to men incapacitated in the employ of the
Company (either in yard, train, engine, maintenance of way or telegraph service) but who
are capable of performing the duties of
switchtenders. In such cases, if more than one
applicant, preference will be given according to seniority in the Company's service.
Yardmen permanently transferred to Switch-
tender service will lose their seniority standing in yard   service.
(h) In the event of the position of switch-
tender being abolished at any point, the man
or men affected will have the right to exercise their seniority rights to the junior
similar position or positions on their promotion  territory.
ARTICLE 25
Health and Welfare
The provisions of Article 44 of rules
applicable to trainmen also apply to yard-
169 men and switchtenders.
Local Rules
Rules necessary to meet local conditions
and not inconsistent with the provisions of
this Agreement may be negotiated and made
effective, subject in each case to the approval
of the Assistant General Manager and the
General Chairman.
Final Settlement of Disputes
Without Work Stoppage
All differences between the parties to
this agreement concerning its meaning or
violation which cannot be mutually adjusted
shall be submitted to Canadian Railway
Board of Adjustment No. 1 for final settlement without stoppage of work.
Duration of Agreement
Rates provided in this agreement are
effective June 1st, 1963. Rules unless otherwise specified, are effective July 1st, 1963.
This agreement supersedes all previous
agreements, rulings, interpretations or understandings. It will remain in effect until
December 31, 1963, and thereafter until re-
170 o
vised or superseded, subject to sixty (60)
days notice by either party, after November
1st, 1963.
Signed at Montreal, Quebec,
April 8th, 1963.
FOR THE EMPLOYEES
(Sgd.)   S. McDonald
General Chairman
Brotherhood of Railroad
Trainmen
FOR THE COMPANY
(Sgd.) D. M. Dunlop
Assistant General Manager
Prairie Region
(Sgd.)   A. M. Fraser
Assistant General Manager
Pacific Region
(Sgd.)   A. M. Hand
Chairman, Company's
Negotiating Committee
171 UNION DUES AGREEMENT
MEMORANDUM OF AGREEMENT between the Canadian Pacific Railway Company and the Brotherhood of Railroad Trainmen to provide for payment of union dues
as a condition of continued preference of
employment with the railway company.
1. (a) Beginning with the month of July
1963 and each month thereafter every
employee who is covered by the collective agreement between the Canadian
Pacific Railway Company Prairie and
Pacific Regions and the Brotherhood
of Railroad Trainmen, as of 12:01 a.m.,
on the first calendar day of the month
shall, subject to the conditions and
exceptions set forth herein, tender to
the Brotherhood of Railroad Trainmen
on or before the last day of that month
the amount of the Brotherhood of
Railroad Trainmen Union dues. This
amount shall not include special assessments, initiation fees, fines, penalties
or insurance. The amount to be tendered shall be such sum as may from
time to time be assessed by the Union
on its members according to its Constitution for general Union purposes; —^
it shall not extend to a special assessment or to an increment in an assessment which relates to special Union
benefits such as, for instance, Union
insurance in which the non-member
172 employee as such would not participate or the benefit of which he would
not enjoy,
(b) If such payment is not tendered by the
20th day of that month, the employee
becomes delinquent and the Union
may, during the ten-day period immediately following, place with the
Superintendent of the Company Notice
of Delinquency in the prescribed form,
with copy to the employee delinquent,
who shall lose his preference of employment as of Midnight of the 10th.
Such notice may only be served with
respect to one month of delinquency
and must be served by the Union within the ten-day period immediately
following the 20th day of that month.
2. NOTICE OF DELINQUENCY
Brotherhood of Railroad Trainmen
Lodge No.
(Place)
(DateT
To:
The Superintendent
(Division)
173 (Headquarters)
This is official notice that _
(Name)
(Employee No.)
who was assigned as.
at  	
(Station)
at 12:01 a.m. on the first calendar day of the
month of , 19 is in
arrears in the amount of $ for
B. of R. T. Union dues for that month and
under the terms of the Union Dues Agreement will lose his preference of employment
as of Midnight on the 10th day of this month
of , 19	
A copy of this notice has been forwarded
to  him.
(Sgd.)   	
Local Chairman
(Sgd.)   	
Treasurer
o
o
174 BROTHERHOOD OF RAILROAD
TRAINMEN
— NOTICE —
""(Date)""
This is to advise you that your union dues
amounting to $  will be payable to   at
  on or before
the 20th day of each month.
Treasurer Lodge No	
3. Such notice shall not be valid with respect to a month in which the compensation earned in a position covered by
the collective agreement between the
Canadian Pacific Railway Company
Prairie & Pacific Regions and the
Brotherhood of Railroad Trainmen is
less than the amount of monthly Union
dues after deductions have been made
as required by law, and of monies due
the Company, and pension and medical
fees.
4. This agreement does not supersede or
in any way affect the constitutional
requirements of the Brotherhood of
Railroad Trainmen with respect to the
payment of dues by its members.
5. An employee so notified who disputes
the fact that he has failed to comply
175 with the terms of this agreement, shall,
within a period of ten (10) calendar
days from the date of such notice,
request the railway in writing to
accord him a hearing. Such request
shall be honored by the railway and
date set for hearing as soon as possible, but within ten (10) calendar
days of the date of receipt of request
therefor. Advice of such hearing shall
be given to the Brotherhood.
6. The receipt by the railway of a request
for a hearing shall operate to stay
action on the Brotherhood's Notice of
Delinquency in the payment of Union
dues until the hearing is held and the
final decision on the property is
rendered.
7. Either (a) withdrawal by the Union of
Notice of Delinquency or (b) proof to
the Superintendent of the Company by
the employee that he has tendered to
the Union payment of arrears for the
month of Delinquency, shall restore
preference of employment.
8. An employee for whom replacement
is not available or cannot be made
available may be continued in service
until he can be relieved.
9. Membership in The Brotherhood of
Railroad Trainmen shall be available
to any employee eligible under the
provisions of the constitution of the
176
o o
Brotherhood of Railroad Trainmen.
Membership shall not be denied for
reasons of race, national origin, color
or religion.
10. The operation of this agreement shall
not result in additional expense to the
Company and there shall be no payment for deadheading incurred in
connection therewith.
11. No part of this agreement shall be
used against the Company, in any
manner whatsoever, either directly or
indirectly, as a basis for a grievance
or time claim by or on behalf of any
employee.
12. In the event of any action at law
against the parties hereto or either of
them resulting from the application of
this agreement, all parties shall cooperate fully in the defence of such
action. Each party shall bear its own
cost of such defence except, that if at
the request of the Organization counsel
fees are incurred these shall be borne
by the Organization. Save as aforesaid
the Organization shall indemnify and
save harmless the Company from any
losses, damages, costs, liability or expenses suffered or sustained by it as
a result arising out of the terms of
this agreement.
177 13. This agreement is effective July 1,1963
and will remain in effect until revised,
superseded, or terminated, subject to
six months notice by either of the
parties to the agreement on the other
party, at any time after January 1,
1964.
Signed  at Montreal, Quebec,
April 8th, 1963.
FOR THE EMPLOYEES
(Sgd.)   S. McDonald
General Chairman
Brotherhood of Railroad
Trainmen
FOR THE COMPANY
(Sgd.)  D. M. Dunlop
Assistant General Manager
Prairie Region
(Sgd.)  A. M. Fraser
Assistant General Manager
Pacific Region
(Sgd.)   A. M. Hand
Chairman, Company's
Negotiating Committee
:
178 

Cite

Citation Scheme:

        

Citations by CSL (citeproc-js)

Usage Statistics

Share

Embed

Customize your widget with the following options, then copy and paste the code below into the HTML of your page to embed this item in your website.
                        
                            <div id="ubcOpenCollectionsWidgetDisplay">
                            <script id="ubcOpenCollectionsWidget"
                            src="{[{embed.src}]}"
                            data-item="{[{embed.item}]}"
                            data-collection="{[{embed.collection}]}"
                            data-metadata="{[{embed.showMetadata}]}"
                            data-width="{[{embed.width}]}"
                            async >
                            </script>
                            </div>
                        
                    
IIIF logo Our image viewer uses the IIIF 2.0 standard. To load this item in other compatible viewers, use this url:
http://iiif.library.ubc.ca/presentation/cdm.chungtext.1-0356889/manifest

Comment

Related Items