Common use of Protecting Service Clause in Contracts

Protecting Service. Promotion to Locomotive Engineers' Working List at Home Stations 59.1 Except as provided in paragraphs 59.2 and 59.3 when an addi- tional locomotive engineer is required the senior locomotive engineer not working as such assigned to the home station will be promoted to the locomotive engineers' working list. Shortage of Locomotive Engineers at Home Stations 59.2 When all available locomotive engineers assigned to a home station have been promoted to the locomotive engineers' working list and further locomotive engineers are required, a shortage of locomotive engineers will be deemed to exist. 59.3 If by promoting available locomotive engineers at a home station to the locomotive engineers' working list there would result a need for the movement of engine service employees from other home stations on the seniority district for the xxxxxxx of passenger service who would be senior Overcoming a Shortage of Locomotive Engineers at Home Stations by Bulletin 59.4 At any time when the Company can foresee that locomotive engineers will be required to move from one terminal to another terminal in order to avoid a shortage of locomotive engineers developing at a terminal, the Company may in advance of actual requirements, including in advance of change of timetable, bulletin for 14 days to the seniority district for applications from locomotive engineers who are prepared to proceed to the home stations requiring additional locomotive engineers on an if-and-when required basis. 59.5 Any qualified locomotive engineer is eligible to apply. A locomotive engineer who is off for any reason during the entire period of the bulletin will be permitted to make application when he reports to duty. 59.6 A successful applicant provided his absence will not create a shortage of locomotive engineers at his own home station, will be required to respond when advised and must report to the point where the shortage exists as soon as practicable. Such locomotive engineer to have the privilege of taking either a temporary or permanent clearance. 59.7 A successful applicant who elects to take a temporary clearance will not be permitted to displace on any local road assignments unless unable to hold unassigned and/or work train service. 59.8 A successful applicant who elects to take a temporary clearance will not be subject to recall to his home station unless it would otherwise require the movement of a locomotive engineer from another home station to the successful applicant's home station. Otherwise he will remain at that point as long as the shortage exists or until the next change of timetable, whichever occurs first. In either case he will be returned to his originating home station. Employees working on a temporary clearance at a shortage location will be permitted to change it to a permanent clearance at a change of card. 59.9 If locomotive engineers who elect to take a temporary clearance are released prior to the change of timetable such release will be in reverse order of seniority. Locomotive engineers released prior to change of timetable will be subject to recall to the point from which released in seniority order to protect locomotive engineers' positions until the next change of timetable. 59.10 The General Chairman will cooperate with appropriate Company Officers in the application of paragraphs 59.4 to 59.9. Overcoming a Shortage of Locomotive Engineers at Home Stations When No Applications are Received 59.11 The junior locomotive engineer not working as such on the seniority district will be required to respond when advised and will report to the shortage location within seven days of being notified that their services are required at the shortage location. Such locomotive engineer to have the privilege of taking either a temporary or permanent clearance. 59.12 A locomotive engineer who elects to take a temporary clearance will not be permitted to displace on any local road assignments unless unable to hold unassigned and/or work train service and shall remain at the point where locomotive engineers are required as long as the shortage exists or until the next change of timetable or until recalled as a locomotive engineer to his home station, whichever occurs first, notwithstanding that junior demoted locomotive engineers become available later. If released, not including recall, prior to the change of timetable, the senior locomotive engineer required to move under paragraph 59.11 will be released. In either case he will be returned to his originating home station. 59.13 When the junior locomotive engineer not working as such is not available to move within a reasonable time as required by paragraph 59.11 the next junior locomotive engineer not working as such at the terminal shall be sent immediately and when the junior locomotive engineer not working as such is available he shall be sent to relieve the locomotive engineer who filled the original requirement. 59.14 In the application of this article, locomotive engineers who have moved to a home station on a temporary clearance to overcome a shortage of locomotive engineers will be permitted to exercise their seniority in order to overcome a shortage of locomotive engineers which may subsequently exist at another home station. 59.15 If a locomotive engineer is released at a change of timetable or prior to change of timetable when recalled under paragraph 59.12, such release will not be effective until a replacement locomotive engineer is available. 59.16 Locomotive engineers who protect service under the provisions of this article will be paid for all time travelling to the point where the shortage exists on the basis of 12-1/2 miles per hour at minimum passenger rates for miles up to 200 and at one-half minimum passenger rate for miles in excess thereof. This paragraph does not apply to locomotive engineers exercising seniority under paragraph 59.14. 59.17 Locomotive engineers who protect service in keeping with paragraphs 59.4 to 59.12 will when deadheading on passenger trains be provided with sleeping accommodation between the hours of 2200 and 0600 when such is available. 59.18 Locomotive engineers who protect service under this article and who have moved on a temporary clearance will, when meals are not provided by the Company or at Company expense, be allowed $18.00 per day where accommodations with cooking facilities are provided and $28.00 per day where accommodations without cooking facilities are provided. The allowance will be paid for each calendar day such locomotive engineer works or is available for work at or out of the point where the shortage exists provided such point is not his normal place of residence. This paragraph does not apply to locomotive engineers exercising seniority under paragraph 59.14.

Protecting Service. Promotion to Locomotive Engineers' Working List at Home Stations 59.1 Except as provided in paragraphs 59.2 and 59.3 when an addi- tional locomotive engineer is required the senior locomotive engineer not working as such assigned to the home station will be promoted to the locomotive engineers' working list. Shortage of Locomotive Engineers at Home Stations 59.2 When all available locomotive engineers assigned to a home station have been promoted to the locomotive engineers' working list and further locomotive engineers are required, a shortage of locomotive engineers will be deemed to exist. 59.3 If by promoting available locomotive engineers at a home station to the locomotive engineers' working list there would result a need for the movement of engine service employees from other home stations on the seniority district for the xxxxxxx of passenger service who would be senior Overcoming a Shortage of Locomotive Engineers at Home Stations by Bulletin 59.4 At any time when the Company can foresee that locomotive engineers will be required to move from one terminal to another terminal in order to avoid a shortage of locomotive engineers developing at a terminal, the Company may in advance of actual requirements, including in advance of change of timetable, bulletin for 14 days to the seniority district for applications from locomotive engineers who are prepared to proceed to the home stations requiring additional locomotive engineers on an if-and-when required basis. 59.5 Any qualified locomotive engineer is eligible to apply. A locomotive engineer who is off for any reason during the entire period of the bulletin will be permitted to make application when he reports to duty. 59.6 A successful applicant provided his absence will not create a shortage of locomotive engineers at his own home station, will be required to respond when advised and must report to the point where the shortage exists as soon as practicable. Such locomotive engineer to have the privilege of taking either a temporary or permanent clearance. 59.7 A successful applicant who elects to take a temporary clearance will not be permitted to displace on any local road assignments unless unable to hold unassigned and/or work train service. 59.8 A successful applicant who elects to take a temporary clearance will not be subject to recall to his home station unless it would otherwise require the movement of a locomotive engineer from another home station to the successful applicant's home station. Otherwise he will remain at that point as long as the shortage exists or until the next change of timetable, whichever occurs first. In either case he will be returned to his originating home station. Employees working on a temporary clearance at a shortage location will be permitted to change it to a permanent clearance at a change of card. 59.9 If locomotive engineers who elect to take a temporary clearance are released prior to the change of timetable such release will be in reverse order of seniority. Locomotive engineers released prior to change of timetable will be subject to recall to the point from which released in seniority order to protect locomotive engineers' positions until the next change of timetable. 59.10 The General Chairman will cooperate xxxx xxxxxxxxx with appropriate Company Officers in the application of paragraphs 59.4 to 59.9. Overcoming a Shortage of Locomotive Engineers at Home Stations When No Applications are Received 59.11 The junior locomotive engineer not working as such on the seniority district will be required to respond when advised and will report to the shortage location within seven days of being notified that their services are required at the shortage location. Such locomotive engineer to have the privilege of taking either a temporary or permanent clearance. 59.12 A locomotive engineer who elects to take a temporary clearance will not be permitted to displace on any local road assignments unless unable to hold unassigned and/or work train service and shall remain at the point where locomotive engineers are required as long as the shortage exists or until the next change of timetable or until recalled as a locomotive engineer to his home station, whichever occurs first, notwithstanding that junior demoted locomotive engineers become available later. If released, not including recall, prior to the change of timetable, the senior locomotive engineer required to move under paragraph 59.11 will be released. In either case he will be returned to his originating home station. 59.13 When the junior locomotive engineer not working as such is not available to move within a reasonable time as required by paragraph 59.11 the next junior locomotive engineer not working as such at the terminal shall be sent immediately and when the junior locomotive engineer not working as such is available he shall be sent to relieve the locomotive engineer who filled the original requirement. 59.14 In the application of this article, locomotive engineers who have moved to a home station on a temporary clearance to overcome a shortage of locomotive engineers will be permitted to exercise their seniority in order to overcome a shortage of locomotive engineers which may subsequently exist at another home station. 59.15 If a locomotive engineer is released at a change of timetable or prior to change of timetable when recalled under paragraph 59.12, such release will not be effective until a replacement locomotive engineer is available. 59.16 Locomotive engineers who protect service under the provisions of this article will be paid for all time travelling to the point where the shortage exists on the basis of 12-1/2 miles per hour at minimum passenger rates for miles up to 200 and at one-half minimum passenger rate for miles in excess thereof. This paragraph does not apply to locomotive engineers exercising seniority under paragraph 59.14. 59.17 Locomotive engineers who protect service in keeping with paragraphs 59.4 to 59.12 will when deadheading on passenger trains be provided with sleeping accommodation between the hours of 2200 and 0600 when such is available. 59.18 Locomotive engineers who protect service under this article and who have moved on a temporary clearance will, when meals are not provided by the Company or at Company expense, be allowed $18.00 per day where accommodations with cooking facilities are provided and $28.00 per day where accommodations without cooking facilities are provided. The allowance will be paid for each calendar day such locomotive engineer works or is available for work at or out of the point where the shortage exists provided such point is not his normal place of residence. This paragraph does not apply to locomotive engineers exercising seniority under paragraph 59.14.

Protecting Service. Promotion to Locomotive Engineers' Engineers Working List at Home Stations 59.1 49.1 Except as provided in paragraphs 59.2 Articles 49.2 and 59.3 49.3, when an addi- tional additional locomotive engineer is required required, the senior locomotive engineer not working as such assigned to the home station will be promoted to the locomotive engineers' ’ working list. Shortage of Locomotive Engineers at Home Stations. 59.2 49.2 When all available locomotive engineers assigned to a home station have been promoted to the locomotive engineers' working list and further locomotive engineers are required, a shortage of locomotive engineers will be deemed to exist. 59.3 49.3 If by promoting available locomotive engineers at a home station to the locomotive engineers' engineer’s working list there would result a need for the movement of engine service employees Engine Service Employees from other home stations on the seniority district for the xxxxxxx of to protect passenger service who would be senior to locomotive engineer to be promoted, or already promoted, a shortage of locomotive engineers will be deemed to exist. Overcoming a Shortage of Locomotive Engineers at Home Stations by Bulletin 59.4 49.4 At any time when the Company Corporation can foresee that locomotive engineers will be required to move from one terminal to another terminal in order to avoid a shortage of locomotive engineers developing at a terminal, the Company Corporation may in advance of actual requirements, including in advance of change changes of timetable, bulletin for 14 seven (7) days to the seniority district District for applications from locomotive engineers who are prepared to proceed to the home stations requiring additional locomotive engineers on an if-and-and if and when required basis. 59.5 Any qualified 49.5 A locomotive engineer is not holding a regular road assignment and a locomotive engineer not working as such are eligible to apply. . 49.6 A locomotive engineer who is off for any reason on leave of absence or on vacation with pay during the entire period of the bulletin will be permitted to make application when he or she reports to for duty. 59.6 A successful applicant provided his 49.7 Successful applicants, providing they are not junior to the Senior locomotive engineer not working as such at the point where the shortage exists, and providing their absence will not create a shortage of locomotive engineers at his own their home station, will be required to respond when advised and must report to at the point where the shortage exists as soon as practicable. Such locomotive engineer to have the privilege of taking either a temporary or permanent clearance. 59.7 49.8 A successful applicant who elects to take a temporary clearance will not be permitted to displace on any local road assignments unless unable to hold unassigned and/or work train service. 59.8 A successful applicant engineers who elects to take a temporary clearance have bid in positions at the point where the shortage exists. 49.9 Successful applicants will not be subject to recall to his their home station unless it would otherwise require the movement of a locomotive engineer from another home station to the successful applicant's ’s home station. Otherwise he they will remain at that point as long as the shortage exists or until the next change of timetable, whichever occurs first. In either case he they will be returned to his originating home station. Employees working on a temporary clearance at a shortage location will be permitted to change it to a permanent clearance at a change of card. 59.9 If locomotive engineers who elect to take a temporary clearance are released prior to the change of timetable such release will be in reverse order of seniority. Locomotive engineers released prior to change of timetable will be subject to recall to the point from which released in seniority order to protect locomotive engineers' positions until the next change of timetable. 59.10 The General Chairman will cooperate with appropriate Company Officers in the application of paragraphs 59.4 to 59.9. Overcoming a Shortage of Locomotive Engineers at Home Stations When No Applications are Received 59.11 The junior locomotive engineer not working as such on the seniority district will be required to respond when advised and will report to the shortage location within seven days of being notified that their services are required at the shortage location. Such locomotive engineer to have the privilege of taking either a temporary or permanent clearance. 59.12 A locomotive engineer who elects to take a temporary clearance will not be permitted to displace on any local road assignments unless unable to hold unassigned and/or work train service and shall remain at the point where locomotive engineers are required as long as the shortage exists or until the next change of timetable or until recalled as a locomotive engineer to his home station, whichever occurs first, notwithstanding that junior demoted locomotive engineers become available later. If released, not including recall, prior to the change of timetable, the senior locomotive engineer required to move under paragraph 59.11 will be released. In either case he will be returned to his originating home station. 59.13 When the junior locomotive engineer not working as such is not available to move within a reasonable time as required by paragraph 59.11 the next junior locomotive engineer not working as such at the terminal shall be sent immediately and when the junior locomotive engineer not working as such is available he shall be sent to relieve the locomotive engineer who filled the original requirement. 59.14 In the application of this article, locomotive engineers who have moved to a home station on a temporary clearance to overcome a shortage of locomotive engineers will be permitted to exercise their seniority in order to overcome a shortage of locomotive engineers which may subsequently exist at another home station. 59.15 If a locomotive engineer is released at a change of timetable or prior to change of timetable when recalled under paragraph 59.12, such release will not be effective until a replacement locomotive engineer is available. 59.16 Locomotive engineers who protect service under the provisions of this article will be paid for all time travelling to the point where the shortage exists on the basis of 12-1/2 miles per hour at minimum passenger rates for miles up to 200 and at one-half minimum passenger rate for miles in excess thereof. This paragraph does not apply to locomotive engineers exercising seniority under paragraph 59.14. 59.17 Locomotive engineers who protect service in keeping with paragraphs 59.4 to 59.12 will when deadheading on passenger trains be provided with sleeping accommodation between the hours of 2200 and 0600 when such is available. 59.18 Locomotive engineers who protect service under this article and who have moved on a temporary clearance will, when meals are not provided by the Company or at Company expense, be allowed $18.00 per day where accommodations with cooking facilities are provided and $28.00 per day where accommodations without cooking facilities are provided. The allowance will be paid for each calendar day such locomotive engineer works or is available for work at or out of the point where the shortage exists provided such point is not his normal place of residence. This paragraph does not apply to locomotive engineers exercising seniority under paragraph 59.14.

Protecting Service. Promotion to Locomotive Engineers' Working List at Home Stations 59.1 Except as provided in paragraphs 59.2 and 59.3 when an addi- tional locomotive engineer is required the senior locomotive engineer not working as such assigned to the home station will be promoted to the locomotive engineers' working list. Shortage of Locomotive Engineers at Home Stations 59.2 When all available locomotive engineers assigned to a home station have been promoted to the locomotive engineers' working list and further locomotive engineers are required, a shortage of locomotive engineers will be deemed to exist. 59.3 If by promoting available locomotive engineers at a home station to the locomotive engineers' working list there would result a need for the movement of engine service employees from other home stations on the seniority district for the xxxxxxx of passenger service who would be senior Overcoming a Shortage of Locomotive Engineers at Home Stations by Bulletin 59.4 At any time when the Company can foresee that locomotive engineers will be required to move from one terminal to another terminal in order to avoid a shortage of locomotive engineers developing at a terminal, the Company may in advance of actual requirements, including in advance of change of timetable, bulletin for 14 days to the seniority district for applications from locomotive engineers who are prepared to proceed to the home stations requiring additional locomotive engineers on an if-and-when required basis. 59.5 Any qualified locomotive engineer is eligible to apply. A locomotive engineer who is off for any reason during the entire period of the bulletin will be permitted to make application when he reports to duty. 59.6 A successful applicant provided his absence will not create a shortage of locomotive engineers at his own home station, will be required to respond when advised and must report to the point where the shortage exists as soon as practicable. Such locomotive engineer to have the privilege of taking either a temporary or permanent clearance. 59.7 A successful applicant who elects to take a temporary clearance will not be permitted to displace on any local road assignments unless unable to hold unassigned and/or work train service. 59.8 A successful applicant who elects to take a temporary clearance will not be subject to recall to his home station unless it would otherwise require the movement of a locomotive engineer from another home station to the successful applicant's home station. Otherwise he will remain at that point as long as the shortage exists or until the next change of timetable, whichever occurs first. In either case he will be returned to his originating home station. Employees working on a temporary clearance at a shortage location will be permitted to change it to a permanent clearance at a change of card. 59.9 If locomotive engineers who elect to take a temporary clearance are released prior to the change of timetable such release will be in reverse order of seniority. Locomotive engineers released prior to change of timetable will be subject to recall to the point from which released in seniority order to protect locomotive engineers' positions until the next change of timetable. 59.10 The General Chairman will cooperate with appropriate Company Officers in the application of paragraphs 59.4 to 59.9. Overcoming a Shortage of Locomotive Engineers at Home Stations When No Applications are Received 59.11 The junior locomotive engineer not working as such on the seniority district will be required to respond when advised and will report to the shortage location within seven days of being notified that their services are required at the shortage location. Such locomotive engineer to have the privilege of taking either a temporary or permanent clearance. 59.12 A locomotive engineer who elects to take a temporary clearance will not be permitted to displace on any local road assignments unless unable to hold unassigned and/or work train service and shall remain at the point where locomotive engineers are required as long as the shortage exists or until the next change of timetable or until recalled as a locomotive engineer to his home station, whichever occurs first, notwithstanding that junior demoted locomotive engineers become available later. If released, not including recall, prior to the change of timetable, the senior locomotive engineer required to move under paragraph 59.11 will be released. In either case he will be returned to his originating home station. 59.13 When the junior locomotive engineer not working as such is not available to move within a reasonable time as required by paragraph 59.11 the next junior locomotive engineer not working as such at the terminal shall be sent immediately and when the junior locomotive engineer not working as such is available he shall be sent to relieve the locomotive engineer who filled the original requirement. 59.14 In the application of this article, locomotive engineers who have moved to a home station on a temporary clearance to overcome a shortage of locomotive engineers will be permitted to exercise their seniority in order to overcome a shortage of locomotive engineers which may subsequently exist at another home station. 59.15 If a locomotive engineer is released at a change of timetable or prior to change of timetable when recalled under paragraph 59.12, such release will not be effective until a replacement locomotive engineer is available. 59.16 Locomotive engineers who protect service under the provisions of this article will be paid for all time travelling to the point where the shortage exists on the basis of 12-1/2 miles per hour at minimum passenger rates for miles up to 200 and at one-half minimum passenger rate for miles in excess thereof. This paragraph does not apply to locomotive engineers exercising seniority under paragraph 59.14.exercising 59.17 Locomotive engineers who protect service in keeping with paragraphs 59.4 to 59.12 will when deadheading on passenger trains be provided with sleeping accommodation between the hours of 2200 and 0600 when such is available. 59.18 Locomotive engineers who protect service under this article and who have moved on a temporary clearance will, when meals are not provided by the Company or at Company expense, be allowed $18.00 25.00 per day where accommodations with cooking facilities are provided and $28.00 40.00 per day where accommodations without cooking facilities are provided. The allowance will be paid for each calendar day such locomotive engineer works or is available for work at or out of the point where the shortage exists provided such point is not his normal place of residence. This paragraph does not apply to locomotive engineers exercising seniority under paragraph 59.14.