Common use of Unassigned Service Clause in Contracts

Unassigned Service. (a) Six-Day Rule (i) New jobs created and permanent vacancies will be advertised for six (6) days to the system. Trainmen in the zone where the vacancy occurs will be allowed to apply and file on permanent vacancies or new positions during the bulletin period. Filing on will constitute a bid. If such trainman is not the successful applicant for the position he will revert to his former position. Filing on will apply to trainmen in the zone where the vacancy occurs only. (ii) It is not a requirement that the trainman securing the vacancy or job must have worked same during the sixty period as he may have been holding a preference position at the time, but he must have made written application prior to the expiration of the six-day period. (iii) The six-day period means six (6) full twenty-four (24) hour periods from the time the vacancy occurred or job was open. (iv) A trainman moving on to a position while it is open for the six-day period does not establish himself on the position and if displaced by a senior trainman before the expiration of the six-day period must return to the position from which he moved and cannot move to displace a trainman from a position that he had previously passed up. In other words, one position is open and goes to the senior trainman who has applied for it during the six-day period. (v) Under this six-day rule, when two or more positions are open and are being filled during the six-day period, the senior trainman can displace on to the position of his choice which is open and it will not be necessary for him to displace the junior trainman as would be the case in respect to these positions after the Expiration of the six-day period. (b) When crews in unassigned service are reduced, the junior Conductor’s crew will be reduced in a terminal. The senior trainman reduced who desires to remain on a rear-end position will be required to displace the junior rear-end trainman in unassigned service in that terminal. (c) A trainman exercising seniority in unassigned service will only be permitted to displace the junior man in such service, due regard being given to rear-end preference. (d) A trainman in unassigned service will be permitted to move from a head-end position for a rear-end position. (e) A trainman displaced from a rear-end position in unassigned service may elect to remain on the crew for head-end position or move to displace the junior head-end man in that class of service. (f) Intentionally deleted as per Memorandum of Agreement, effective July 19, 1999.

Unassigned Service. (a) Six-Day Rule (i) New jobs created and permanent vacancies will be advertised for six (6) days to the system. Trainmen in the zone where the vacancy occurs will be allowed to apply and file on permanent vacancies or new positions during the bulletin period. Filing on will constitute a bid. If such trainman is not the successful applicant for the position he will revert to his former position. Filing on will apply to trainmen in the zone where the vacancy occurs only. (ii) It is not a requirement that the trainman securing the vacancy or job must have worked same during the sixty period as he may have been holding a preference position at the time, but he must have made written application prior to the expiration of the six-day period. (iii) The six-day period means six (6) full twenty-four (24) hour periods from the time the vacancy occurred or job was open. (iv) A trainman moving on to a position while it is open for the six-day period does not establish himself on the position and if displaced by a senior trainman before the expiration of the six-day period must return to the position from which he moved and cannot move to displace a trainman from a position that he had previously passed up. In other words, one position is open and goes to the senior trainman who has applied for it during the six-day period. (v) Under this six-day rule, when two or more positions are open and are being filled during the six-day period, the senior trainman can displace on to the position of his choice which is open and it will not be necessary for him to displace the junior trainman as would be the case in respect to these positions after the Expiration of the six-six- day period. (b) When crews in unassigned service are reduced, the junior Conductor’s crew will be reduced in a terminal. The senior trainman reduced who desires to remain on a rear-end position will be required to displace the junior rear-end trainman in unassigned service in that terminal. (c) A trainman exercising seniority in unassigned service will only be permitted to displace the junior man in such service, due regard being given to rear-end preference. (d) A trainman in unassigned service will be permitted to move from a head-end position for a rear-end position. (e) A trainman displaced from a rear-end position in unassigned service may elect to remain on the crew for head-end position or move to displace the junior head-end man in that class of service. (f) Intentionally deleted as per Memorandum of Agreement, effective July 19, 1999.

Unassigned Service. (a) Six-Day Rule (i) New jobs created and permanent vacancies An Engineers' extra board will be advertised established at all home terminals. Engineers' extra boards may be established at other points, but the Engineers assigned thereto must average 2600 miles per month or they will be returned if they so request; it being understood that, unless older Engineers claim the right to go, the Engineer on the Engineers' extra board at the home terminal who is youngest in point of seniority will be assigned, and will not be paid for six (6) days deadheading to or from the outlying extra board; and it being further understood that if the Engineer so to be assigned is not then available, the outlying extra board will be protected until he is available by sending the Engineer who is first out on the Engineers' extra board at the home terminal. If Engineers younger in point of seniority are subsequently assigned to the system. Trainmen in the zone where the vacancy occurs will be allowed to apply and file on permanent vacancies or new positions during the bulletin period. Filing on will constitute a bid. If such trainman is not the successful applicant for the position he will revert to his former position. Filing on will apply to trainmen in the zone where the vacancy occurs only. (ii) It is not a requirement that the trainman securing the vacancy or job must have worked same during the sixty period as he may have been holding a preference position Engineers' extra board at the timehome terminal, but he must have made written application prior and the Engineer who was assigned to the expiration of outlying extra board is still protecting the six-day period. (iii) The six-day period means six (6) full twenty-four (24) hour periods same, the latter may secure permission from the time the vacancy occurred or job was open. (iv) A trainman moving on Master Mechanic to a position while it is open for the six-day period does not establish himself on the position and if displaced by a senior trainman before the expiration of the six-day period must return to the position from home terminal extra board, in which event the Engineer then on the home terminal extra board who is youngest in point of seniority will, as soon thereafter as he moved and cannot move to displace a trainman from a position that he had previously passed up. In other wordsis available, one position is open and goes be assigned to the senior trainman who has applied for outlying extra board in the same manner, it during being understood that the six-day period. (v) Under this six-day ruleEngineer first assigned will remain at the outlying point until so relieved, when two or more positions are open and are being filled during that no deadheading expense will be assumed by the six-day period, the senior trainman can displace on to the position of his choice which is open and it will not be necessary for him to displace the junior trainman as would be the case in respect to these positions after the Expiration Company by reason of the six-day periodtransfer. (b) Extra Engineers will run first in, first out, on their respective extra boards at their home terminal or on runs governed by their home terminal rights; this to apply to all terminals where extra boards are maintained. When crews in unassigned service are reducedit becomes necessary to call an extra Engineer to fill an extra or additional crew for the purpose of moving traffic or light engines, the junior Conductor’s crew such Engineer will be reduced in a considered as temporarily assigned to chain gang service on that district, and so handled until after the completion of one round trip or return to starting point, it being understood that Article 26 (held-away-from-home- terminal Rule) will apply to such extra Engineers while at the terminal opposite their home terminal. The senior trainman reduced who desires to remain on a rear-end position will be required to displace , irrespective of the junior rear-end trainman in unassigned service in home terminal for that terminaldistrict. (c) A trainman exercising seniority in unassigned service will only be permitted In the event of a shortage of extra Engineers at any home terminal, the Mechanical Superintendent shall hire or promote such Engineers as are available, and whom he considers competent and eligible, at that home terminal, before compelling extra Engineers from other home terminals to displace the junior man in accept such service. The Mechanical Superintendent shall, due regard being given however, have the privilege at any time to rear-end preferenceoffer temporary employment to extra Engineers away from their home terminals, and such extra Engineers shall have the privilege of accepting the same without interfering with their seniority when they return to their respective home terminals. (d) A trainman in unassigned service The Mechanical Superintendent, when the work or conditions justify it, may create, at any terminal, the position of extra passenger Engineer or Engineers, who will have preference to all extra passenger work on regular or irregular passenger trains on such territory as may be covered by bulletin, same to be posted as per Section (a), Article 4. Should the extra passenger Engineer, or Engineers, assigned to this service, be not available, then the emergency work will be permitted given to move from the oldest available freight Engineer of the district on which the service is to be performed, if he so desires, until the oldest Engineer in preferred or freight service on that district (except passenger or work train Engineers) can be given the run, the latter to retain same until the first available extra passenger Engineer is able to take the run. When the positions of extra passenger Engineers are abolished, which may be done whenever the Mechanical Superintendent deems it expedient, or when Engineers assigned to these positions give up the runs of their own volition, they will return to their home terminal and take the youngest man's turn or a head-end position for a rear-end positionvacant turn when seniority entitles them to either. (e) A trainman displaced from Extra Engineers, when capable, will be entitled to all straight away stub passenger work of 100 miles or less, and all turn-around stub passenger work, no single trip of which exceeds 80 miles, when no extra passenger Engineer is available. Extra Engineers will also be entitled to all preferred service, except passenger, when regular Engineers are off, or during the posting period except that no extra Engineer will be permitted to select a rear-end position in unassigned service may elect to remain on run or turn, for the crew for head-end position or move to displace the junior head-end man in that class of serviceEngineer he is representing. (f) Intentionally deleted When an Engineer is needed for service belonging to the Engineers' extra board, and there are no available extra Engineers, the senior available cut-off Engineer with home terminal rights on that territory will be called; it being understood that demoted Engineers holding regular runs as per Memorandum passenger Firemen will not be called on their layover, if other cut-off Engineers are available, unless they have previously notified the Master Mechanic in writing that they desire emergency service as Engineers on such lay-over. The emergency Engineer will continue to be used as such until, in the case of Agreementa hired Engineer, effective July 19an extra Engineer becomes available, 1999or, in the case of a demoted Engineer holding a regular assignment as Fireman, until he can again catch his regular assignment as Fireman, the object being to prevent the demoted Engineer from losing any more time than is necessary.