MEMORANDUM Of AGREEMENT
BETWEEN
SPOKANE PORTLAND AND SEATTLE RAILWAY COMPANY (SYSTEM LINES)
and
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Article 1
Road Switcher assignments may be established to provide roadswitching service under the following conditions to operate within a territorial limit of fifty (50) miles of the following stations: Albany Astoria, Beaverton Bend, Eugene, Pasco, Portland, Vancouver and Wishram. Road Switcher assignments will not he otherwise established except by special agreement between the party’s signatory hereto.
Road Switcher assignments will not be otherwise established except by special agreement between the parties signed by hereto. (Willbridge added per my letter of May 9, 1968 which is with correspondence dated June 28, 1968 in our file No. 10-RS Lyle added 3-28, 1968 St. Helens included per letter of 9-4-70 (page 102) Salem added May 25, 1983 letter (page 104)
Article 2.
To establish such assignments for engineers the Carrier will issue bulletins which will contain the following information: (l) The home terminal of the assignment and the one specific location of the engineer’s register which is to be used for both going on and off duty. (2) The time the engineer is to report for duty. (3) The days of the week which the assignment is scheduled to work. Assignments will be established for either five or six days per week. On five day assignments the rest days will be consecutive. (4} The specific holidays which the assignment will not work. (5) The specific territorial limits of the assignment.
Article 3.
Road Switcher assignments will not be worked as such until established by bulletin as outlined in Article 2. i.e. Not worked for a day or two from the extra board.
Article 4.
Engineers assigned to Road Switcher Service as provided in this agreement may be run back and forth over the territory within the limits of their assignment, into, Out of, and through assigned terminals without pay in addition to that specified in this agreement.
Article 5.
Engineers working Road Switcher assignments will not be run beyond the territorial limits of the assignment being worked. In the event an engineer on a Road Switcher assignment does perform service beyond the territorial limits of such assignment he shall be entitled to an additional day’s pay for each such instance, with the understanding that the time consumed outside the limits of the assignment will be deducted from the total time on duty.
Article 6.
Eight hours or less shall constitute a day’s work. Time shall be computed continuously from the time required to report for duty until released from duty, with overtime after eight hours computed on a minute basis at one and one-half ( times the basic rate and consistent with provisions of Articles 5, 7 and 10.
Article 7
Provisions of this agreement will supersede Rules 9- 11-13-14 and 63 to the extent such rules may be in direct conflict with This agreement.
Article 8
Engineers working assignments, other than Road Switcher assignments, operating within the territory of a Road Switcher assignment may perform any service within those limits without penalty accruing by reason of this agreement. However, engineers in passenger and through freight service who perform Road-Switcher service within the territorial limits of a Road-Switcher assignment will do so under provisions of Rule 33 of the current B.L.E. agreements.
Article 9.
An engineer on a Road Switcher assignment shall receive Holiday pay for the Holidays consistent with the National Agreement dated June 25th, 1964.
Article 10.
Engineers working Road Switcher assignments established under provisions of this agreement shall be paid the five (5) or six (6) day yard rate for the class of engine used, depending upon the number of days the assignment is bulletined to work.
Article 11
This agreement shall become effective March 25, 1968 and shall remain in effect until canceled upon thirty (30) days written notice from either party to the other.
Dated at Portland, Oregon this 19th day of March, 1968.
s/ W. M. Dunegan _ s/ H. J. Tierney _
General Chairman Chief of Personnel
Brotherhood of Locomotive Engineers Spokane Portland & Seattle
Railway Company
(system Lines)
Interpretation of road service guarantee and Road Switcher Agreement
March 26, 1968
Dear Sir and Brother:
Enclosed, please find one copy of our new “Road Service Guarantees” Agreement and one copy of our new “Road Switcher” Agreement. These are for your information and files.
Let us take these two agreements, paragraph by paragraph, and discuss their meaning and purpose. First, however, will you please read both of the agreements before reading the explanations. These two agreements are so closely related that I believe the overall picture will be more easily obtained if you start with the “Road Service Guarantees”,
Now that you have read the two agreements let us start with paragraph one:
ROAD SERVICE GUARANTEES
Paragraph one: Makes record of the fact that assignments in road service may be established for engineers for five, six or seven days per week under specific regulations.
FIVE DAY ASSIGNMENTS
Paragraph two: Provides a constructive (arbitrary) allowance of fifteen (15) miles for any and all road service assignments bulletined for five days per week. This fifteen miles will be paid in addition to all other earnings of the assignment.
Paragraph three: Provides a guarantee that engineers on five day per week road assignments will make not less than one hundred thirty (130) miles per day. In other words – – when an engineer bids in, or even catches, a road service assignment bulletined for five days per week he will know that on each and every day he works such assignment his total mileage will be 130 miles or more,
The examples following paragraph three should provide adequate information for the application of the guarantee. However, for further clarification: If in example two the final delay was only thirty minutes then claim would be made as follows – – Basic day, 100 miles – – 30″ air or 6 miles, – – 30″ final delay or 6 miles – – Constructive, 15 miles this produces a total of 127 miles. Therefore Guarantee of three (3) miles would be added to bring the total mileage for the Day to 130 miles.
In making out a time slip under conditions just mentioned, we should show the 100 miles in the proper space – – indicate the 30 minutes air in the proper space — indicate the 30 minutes final delay in the proper space – – write “Constructive “15 miles in a convenient and conspicuous place and write “Guarantee” 3 miles in a convenient and conspicuous place
Paragraph four: Is self explanatory.
SIX DAY ASSIGNMENTS
Paragraph five: Provides a guarantee that engineers in six day road service will make not less than 115 miles per day. Our six day road service assignments which are paid air test and final delay may not realize much benefit from this guarantee. (Especially those working into terminals where an arbitrary final delay is paid) however, six day road assignments such as the Willbridge Tramps will benefit immediately, if they work less than eight hours ten minutes (8″ 10″), For example: An engineer on a Willbridge Tramp assignment works eight hours; he is entitled to 100 miles basic day and l1.5 miles arbitrary (55 minutes per appendix “S”) for a total of 112 miles. This is less than the 115 guaranteed, Therefore either claim 3 miles under provisions of this guarantee or he can forget Appendix “S” and write on his time slips “Guarantee 15 miles” and thereby SUBMIT a total of 115 miles.
For another example: Any six day road service assignment which does not produce 115 miles through terminal allowances and or overtime will be paid the minimum of 115 miles.
Paragraph six: Provides a ten (10) mile constructive allowance to engineers working six day per week road Switcher assignments. This ten miles is to be claimed by writing “Constructive – 10 miles” in a convenient and conspicuous place on the face of your time slip and then adding the ten miles to your total daily mileage.
The following examples show how an engineer working a six day per week “RoadSwitcher” assignment would claim his time for: First – Eight hours or less he will claim the basic 100 miles plus “Guarantee – 15 miles” plus “constructive -10 miles” for a total of 125 miles. Second – Eight hours thirty minutes; he will claim the basic 100 miles plus thirty minutes overtime (9 miles) plus 6 miles “Guarantee” plus 10 miles “Constructive” for a total of 125 miles. Third – Nine hours he will claim the basic 100 miles plus one hour overtime (19 miles) plus 10 miles “Constructive” for a total of 129 miles.
TERMINATION CLAUSE
Paragraph seven: This is a standard termination clause which provides that either party (BLE or SPS) may cancel this agreement at any time upon thirty days written notice.
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The purpose of this agreement is two fold. First, it provides engineers in other than through freight and passenger service with an incentive bonus similar to that enjoyed by road service engineers working on runs where actual miles run create the incentive, Second, it protects engineers against loss of take home pay.
Please make note of the difference between the words “Guarantee” and “Constructive“,
The Guarantee establishes the minimum which will be paid, including overtime or other service allowances. Constructive miles are added to any and all other mileage claimed and paid in addition thereto, For example consider an engineer on a five day road Switcher who works: First – Eight hours or less claims 100 mile plus “Constructive” 15 miles and “Guarantee” 15 miles for a total of 130 miles, Second – Nine hours; claims 100 miles plus one hour overtime (19 miles) plus Constructive 15 miles for a total of 134 miles.
Let us now go to the “Road Switcher” Agreement.
Article 1: Provides for the establishment, of Road Switchers and designates the stations from which they may operate.
Article 2: Provides that bulletins advertising Road Switchers will contain certain pertinent information.
Article 3: Prevents the operation of Road Switchers except as regular assignments.
Article 4: Provides for unrestricted movement of a Road Switcher within its designated territorial limits.
Article 5: Provides that Road Switcher assignments are not to be used outside the territorial limits of the assignment, this Article also provides a penalty payment in the event Road Switchers are run beyond their territorial limits. That portion of Article five reading: “- – – total time consumed outside the limits of the assignment will be deducted from the total time on duty.” will be applicable only to the extent involving overtime because of Article 6.
Article 6: Provides eight hours or less as a basic day with overtime after eight hours, Please note the absence of any mileage component. Road Switchers will work on an hourly basis only, without regard to miles run, I insisted on this because I believe this method will be to our advantage.
Article 7: Provides relief from specific schedule rules, which would otherwise be in conflict with Road Switcher operation as follows: Rule 9 (a) provides that 100 miles or less shall constitute a days work – – we did away with the mileage component, 9(b) concerns a straight-away run and a Road Switcher will not operate on a straight-away basis. The second paragraph of (b) Provides a minimum of 100 miles for each leg of a turn-Around run if the run does not leave the turn-around point within eight hours. A Road Switcher will not operate on a turn-around basis therefore, this portion of Rule 9 (b) would not be applicable.
Rule 11 is our automatic release rule. Since Road Switchers by the very nature of their work, must move into, out of and through terminals this rule can not be employed.
Rule 13 provides for terminal allowances for freight or mixed train engineers. A Road Switcher is primarily a switching assignment under road rules. The application of Rule 13 to a Road Switcher assignment would not be feasible.
Rule 14 provides that engineers in pool or irregular freight service may be called to make short trips and turnarounds. Because Article 3 requires Road Switchers to be regularly assigned, Rule 14 is not applicable.
Rule 63 is our Side and Lap back rule. Because Road Switchers are basically switching assignments the “Note” at the end of Rule 63 precludes the application of Rule 63 to Road Switcher assignments,
Please consider at this time the fact that the pay provisions, applicable under the Road Switcher and Road Service Guarantees Agreements, prevent any monetary loss to engineers because of the omission of any or all of the aforementioned rules.
Article 8: Provides that engineers who may perform service within the territorial limits of a Road Switcher assignment, although they are not on a Road Switcher assignment, will do so under provisions of our Rule 33 (Conversion Rule) and not under provisions of Rule 10 (More than one class of road service).
Article 9: Provides Holiday pay for Road Switcher engineers under provisions of the National Agreement.
Article 10: Is self explanatory.
Article 11: Provides for termination of the agreement at any time upon thirty days written notice from either party to the other.
With Article 11 fresh in mind I would like to direct your attention to the fact that, some time ago, I assured several of our members that they wound be given an opportunity to vote on any Road Switcher agreement before it was consummated. However, because of the compelling interrelation of the two agreements at hand, I believe we should give them a try. If, after a reasonable test period, any of our members desire a vote on their retention, a ballot will be circulated. I trust you will agree with my opinion that a more intelligent consideration of the situation can be made after we see it in operation.
In closing I wish to advise you that AGCE Loomis and the Chairmen of the Northern Lines merger are going to commence meetings April 3 in St. Paul for the purpose of establishing a method for consolidating our seniority lists. Our meetings with management will commence April 8. I plan to leave on number 2 April 1.
Immediately upon my return I will provide you with all available information.
With best personal regards,
I Remain,
Fraternally yours,
(signed) W. M. Dunegan
General Chairman
PS During conference March 19, 1968 Mr. Tierney agreed that the majority of the time slips issued account final delay in excess of the arbitrary were in error. He assured me he would write the time keeping department regarding this matter and provide me a copy of his letter. Therefore, please continue to submit such claims showing the cause and time of the delay on the face of your time slips.