******************** IMPORTANT NOTE ******************** * * * This electronic version of the SCL-TCU clerical * * agreement has been created for the

Transcription

1 ******************** IMPORTANT NOTE ******************** * * * This electronic version of the SCL-TCU clerical * * agreement has been created for the convenience * * of all those concerned. * * * * While it is intended that the contents of this * * electronic document accurately reflect the * * agreement between the parties, in situations, * * if any, where there is a discrepancy between * * this electronic document and the original * * written documents, the original written documents * * are controlling. * * * * If a reader discovers such a discrepancy, please * * contact Mr. M. M. Gardner via electronic mail or * at Marvin_Gardner@csx.com providing specific * details * ******************** IMPORTANT NOTE ********************

2 AGREEMENT Between the SEABOARD COAST LINE RAILROAD COMPANY and All that Craft or Class of Clerical, Office, Telegrapher, Station and Storehouse Employees Represented by the BROTHERHOOD OF RAILWAY AIRLINE AND STEAMSHIP CLERKS FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES EFFECTIVE JANUARY 1, 1975 Initial Project started: November 28, 1990 Initial Project completed: January 21, 1991 Updated: October 11, 1991 Issued: November 1, 1991 Updated: April 4, 1995 The parties to this Agreement pledge that no provision herein shall be interpreted or applied in a manner that would unlawfully discriminate against any employee because of race, religion, national origin, or sex.

3 RULE 1 -- SCOPE... 5 ELECTRONIC DATA INTERCHANGE... 6 RULE 2 -- Approval of Applications... 7 RULE 4 -- Designation of Seniority Districts... 8 RULE 5 -- Seniority Rosters RULE 6 -- Exercise of Seniority RULE 7 -- Promotion, Assignment and Displacement Basis (See Clerical Salary Agreement of December 15, 1994) RULE 8 -- Elective Seniority RULE 9 -- Declining Promotions RULE Reentering Service RULE Bulletining New Positions or Vacancies and Bidding Therefor (See Clerical Salary Agreement of December 15, 1994) Standard Form of Bulletin (Sample) RULE Time in Which to Qualify RULE Filing Applications on Other Seniority Districts and Rights of Employees Assigned (Revised March 1, 1974) RULE Former Position Vacant RULE Temporarily Filling Bulletined Positions RULE Temporary Vacancies RULE Reducing and Increasing Forces RULE Use of Unassigned or Extra Board Employees RULE Basic Day RULE Overtime RULE Performance of Overtime RULE Absorbing Overtime RULE Notified or Called RULE Jury Duty RULE Reporting and Not Used RULE Holidays Rule Interpretation by J. C. Amidon, Senior Director Labor Relations on 01/12/ RULE Established Rates Side Letter #5 to the 1986 TCU National Agreement RULE Changing Title and Rate of Position RULE Basis of Pay and Maintenance of Earnings RULE Preservation of Rates RULE Rating Positions RULE Change in Rate of Position RULE Trading Positions RULE New Positions RULE Meal Period RULE Attending Court, Investigations and Hearings RULE Time Limits -- Claims or Grievances RULE Investigations RULE Decisions and Appeals of Discipline RULE Unjust Treatment RULE Leave of Absence RULE Status After Leave of Absence RULE Promoted to Excepted, Subordinate Official or Official Positions and Training Employees for Promotion to Position of Train Dispatchers RULE Established Starting Time RULE Changing Assigned Starting Time, Rest Days and Points for Beginning and Ending Tour of Duty RULE Duties Changed RULE Travel Time and Expenses RULE Automobile Allowances... 56

4 RULE Supplemental Sickness Benefits RULE Compassionate Leave RULE Excused Time RULE Bond Premiums RULE Office Machines RULE Health and Safety RULE Posting Notices RULE 57 - Consolidations or Division of Offices, Departments and Work RULE Transferring with Positions RULE Transportation When Transferred RULE Free Transportation RULE Transportation and Leave Granted Representatives RULE Excepted Positions RULE Emergency and Wreck Service RULE Handling Train Orders RULE 64 1/2 -- Attending Rules Classes RULE Regularly Assigned Employees Performing Extra or Relief Work RULE Teletype Machines RULE 67 - Vacations RULE Union Shop and Dues Deduction Agreements RULE Health and Welfare Agreement RULE Stabilization Agreement RULE Duly Accredited Representative RULE Agreements, Interpretations and Schedules RULE Shutdown or Suspension of Work RULE Effect and Duration ADDENDUM NO. 1 EXCEPTED POSITIONS ADDENDUM NO. 2 ON-LINE SENIORITY DISTRICT LIMITS ADDENDUM NO. 3 VACATION PROVISIONS ADDENDUM NO. 4 UNION SHOP AND DUES DEDUCTION AGREEMENTS ADDENDUM NO. 5 PHOSPHATE ELEVATOR PORT BOCA GRANDE ADDENDUM NO. 6 MONTHLY-RATED POSITIONS ADDENDUM NO. 7 THROWING HAND SWITCHES ADDENDUM NO. 8 MOBILE AGENCY ARBITRATION AGREEMENT ADDENDUM NO. 9 OFF-TRACK VEHICLE INSURANCE ADDENDUM NO. 10 ABSOLUTE BLOCK SYSTEMS INCLUDED MEMORANDUMS OF AGREEMENT

5 RULE 1 -- SCOPE These rules shall govern the hours of service and working conditions or employees engaged in the work of the class or craft of office, telegrapher, station and storehouse employees, as represented by the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, subject to the exceptions noted in Addendum No. 1. (a) Employees who regularly perform the writing and calculating incident to keeping records and accounts, writing and transcribing letters, bill, statements and similar work, including stockmen, countermen, OS&D clerks, warehouse and storehouse foremen, checkers, stenographers, ticket clerks, ticket office employees; crew clerks, crew callers, also those employees in the operation of office mechanical devices in connection with such duties and work such as comptometer operators, I.B.M. and key punch operators, and other office and station employees, such as office boys, messengers, train announcers, gatemen, certain baggage and parcel room employees and telephone switchboard operators. (b) Manager of telegraph offices, assistant manager of telegraph offices, manager-operators, agents, mobile agents, agent-operators, agent telephoners, car distributors, division car distributor-operators, report clerk-operators, telegraph operators, ticket-clerk-operators, clerk-operators, clerk-operator-cashiers, weighmaster-clerk-operators, towermen and train directors, towermen-operators, towermen-telephoners, block operators, levermen, levermen-operators and staffmen. Operators of mechanical-telegraph (including teletype machines) used for transmitting and/or receiving communications, except when such machines are used solely for communication between offices in the same town or city, are not located in telegraph offices and are not connected to inter-town or inter-city circuits. And also such supervisory agents, station agents, assistant station agents and ticket agents as are listed herein; all of whom are referred to herein as employees. (c) Employees employed in and around stations, store-houses, warehouses, offices, scrapdocks, and transfers to perform service such as laborers, porters, janitors, cleaners, coopers, sealers, truckers, stowers, freight handlers, callers, scalers; certain baggage, mail and parcel room employees, red- caps, maids; crane operators, automotive power truck or tractor operators; laborers who are used to close doors, bleed air, transfer and adjust overloads and bad order cars or to clean freight equipment on yards or at agencies; and non-clerical employees at phosphate elevators, not including stevedore duties at Rockport elevator. ** NOTE ** By Agreement dated May 16, 1981, Rule 1 was amended to include:

6 (d) Positions or work covered under this Rule 1 shall not be removed from such coverage except by agreement between the General Chairman and the Director of Labor Relations. It is understood that positions my be abolished if, in the Carrier's opinion, they are not needed, provided that any work remaining to be performed is reassigned to other positions covered by the Scope Rule. ** NOTE ** By Agreement dated May 7, 1981, Rule 1 was amended to include: With respect to the present performance of work by outside parties or employees of other crafts which is covered by the revised Scope Rule, the Carrier and the Organization agree that any dispute at any location where such work is presently being performed by outside parties, or employees of other crafts, the dispute will be processed under the provisions of the Seaboard Coast Line Clerical Agreement effective January 1, 1975, with the understanding that the Scope Rule, as revised and effective on May 16, 1981, will not be applicable nor will it be introduced by either party during the process of such dispute. This will not be construed as license to remove work from the coverage of the agreement on or after May 16, 1981 (effective date of the agreement) except in accordance with the rule or rules of the Seaboard Coast Line Agreement. Further, it is not intended that the rule will be expanded to cover work now performed by outside parties or employees of other crafts. This understanding shall become effective as of May 16, 1981, and remain in effect until changed in accordance with the Railway labor Act as amended. ** NOTE ** Rule 1 amended by Article V of the 1986 TCU National Agreement to include: ELECTRONIC DATA INTERCHANGE Section 1 -- Scope Rules Except as provided in Section 2 nothing in this Article shall be construed to permit the removal of work and functions currently covered under individual scope rules at the property level.

7 Section 2 - Data Interchange Electronic data may be transmitted, received and exchanged among railroads and between them and their shippers and/or receivers (or their agents), including the use of Railinc or other similar data switching services, without any requirement that employees represented by the organization signatory hereto participate in such function. Input and retrieval of data between railroads and their shippers and/or receivers (or their agents) must be related to the shipper's or receiver's business. Section 3 - Request for Information If requested by the organization, the carrier will furnish on a monthly basis the name and location of customers accessing its computers under this Agreement and the estimated time utilized for data entry. Section 4 - Savings Provision (a) Nothing in this Article is intended to restrict any of the existing rights of a carrier. (b) This Article shall become effective 15 days after the date of this Agreement except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representative on or before such effective date. RULE 2 -- Approval of Applications (a) The applications of new employees shall be approved or disapproved within sixty (60) days after the applicant begins work, unless a longer time is mutually agreed to by the employing officer and the Division Chairman in writing. (b) In the event of applicant giving false information, this rule shall not apply. (c) Employees whose applications are approved and who have been in service sixty (60) calendar days of longer will, upon request, if they leave the service of the Company, be furnished with a service letter showing length of service, capacity in which employed and cause for leaving.

8 RULE 3 -- Seniority (a) Seniority begins at the time an employee's pay starts on the seniority district in which employed and shall terminate on the last day of the calendar month in which the employee attains the age of 70. Employees shall be retired from the service of the Company on the last day of the calendar month in which they attain the age of 70, and when that occurs the provisions of this agreement, other than this paragraph, shall automatically terminate as to each employee so retired; provided, however, that any monetary claim which such employee may have pending prior to such retirement shall not be affected thereby. (b) Where two or more employees enter upon their duties at the same hour on the same day, the employing officer shall designate at the time the respective standing of such employees on the seniority roster. ** NOTE ** Rule 3 was amended by Article VII of the 1986 TCU National Agreement to include: The seniority of any employee whose seniority under an Agreement with BRAC is established after the date of this Agreement and who is furloughed for 365 consecutive days will be terminated if such employee has less than three (3) years of seniority. The "365 consecutive days" shall exclude any period during which a furloughed employee receives compensation pursuant to an I.C.C. employee protection order or an employee protection agreement or arrangement. RULE 4 -- Designation of Seniority Districts Seniority Districts of defined limits, as set forth in Addendum No. 2, shall be established as follows and shall not be changed except by mutual agreement of the parties hereto: No. 1 - Rocky Mount Division No. 2 - Raleigh Division No. 3 - Florence Division No. 4 - Atlanta Division No. 5 - Savannah Division No. 6 - Waycross Division

9 No. 7 - Jacksonville Division No. 8 - Tampa Division, excluding elevator employees, Rockport No. 9 - Customer and Freight Accounting, Jacksonville No Disbursements, Jacksonville No Machine Bureau, Jacksonville No Reproduction Bureau, Jacksonville No Purchasing and Stores, Jacksonville No General Manager-Transportation, JX Office, Mail Room, Jacksonville No Mechanical, Signal, Engineering, Real Estate Departments and Central Transcription Bureau, Jacksonville No Passenger Traffic Department-General Office, including Dining Car Department-General Office, Jacksonville. No Passenger Traffic Department-General Office, including Mail Room and Mail and Express Bureau, Richmond No Freight Traffic Department - General Office, Jacksonville No Freight Traffic Department-General Office, Richmond No Freight Traffic Off-Line No Auditor Car Service Accounts, Richmond No Freight Claim Agent's Office, Richmond No Elevator employees, Rockport ** NOTE ** Rule 4 was amended by agreement dated November 27, 1990, to include: Effective December 1, 1990, Rule 4 - Designation of Seniority Districts of the January 1, 1975 SCL Clerical Agreement is amended to include "No Former Clinchfield Railroad". Also, on that date the employees presently on the CRR Clerical Seniority District No. 1 will be transferred to the SCL Seniority District No. 27 in the same relative standing, and CRR Clerical Seniority District No. 1 will cease to exist. A new seniority roster will be posted within 30 days from the effective date. On the above effective date, the positions and work presently under the Scope of the January 1, 1973 CRR Clerical Agreement will be transferred to and covered under the Scope of the January 1, 1975 SCL

10 Clerical Agreement, and the provisions of the January 1, 1973 CRR Clerical Agreement will be cancelled. RULE 5 -- Seniority Rosters (a) Seniority rosters, showing number, name, position occupied, rate of position, date of birth, location and seniority date of all employees, as referred to in Rules 1, 3 and 4, will be posted in agreed-upon places accessible to all employees affected. Names of employees who retain seniority rights under Rule 43 (a) or who are absent from the service shall be carried on the seniority roster with an appropriate designation indicating their position or the cause of their absence. The rosters will be revised and posted in July of each year and will be open to protest for a period of sixty (60) days from date of posting; and upon presentation of proof of error by an employee or his representative, such error will be corrected. The Division Chairman and Vice General Chairman will be furnished with a copy of the rosters. (b) Effective with the posting of the annual seniority roster, protests on seniority dates for correction or for addition or deletion of names will be confined to names added since posting the previous annual roster. Seniority dates of all employees shown on the annual seniority roster will be considered permanently established, except as a result of typographical errors, omissions, or as may be corrected as a result of protest filed within the sixty (60) day period after posting of said roster. The names of employees, other than new employees, which are not shown on a seniority roster prior to July 1, of the current year (except as provided in these rules), will not be added to subsequent rosters except by approval of the Management and Vice General Chairman. (c) Employees in military service, who retain reemployment rights, will be allowed a period of sixty (60) days from the date they return to service to file protest. (d) In March and October of each year the Carrier will notify the Vice General Chairman the name, address and date of employees entering and leaving the service. RULE 6 -- Exercise of Seniority Seniority rights of employees covered by these rules may be exercised only in case of vacancies, new positions, or when affected by abolishments or reduction of forces, except as otherwise provided

11 in this agreement. ** NOTE ** Rule 6 was amended by agreement dated September 25, 1975 to include the following understanding: 1. When an employee is notified that he will be displaced, he shall remain on the position through his assigned hours on the work day prior to the designated date the senior employee intends to occupy the position. 2. The incumbent who remains on the position and who is not thereafter physically displaced, due to death, resignation or retirement of the employee extending notification of displacement, is considered permanently assigned to the position without rebulletining. RULE 7 -- Promotion, Assignment and Displacement Basis (See Clerical Salary Agreement of December 15, 1994) Employees covered by these rules shall be in line for promotion. Promotion, assignments and displacements shall be based on seniority, fitness and ability; fitness and ability being sufficient, seniority shall prevail. The word "sufficient" is intended to more clearly establish the right of the senior employee to a position where two or more employees have adequate fitness and ability. RULE 8 -- Elective Seniority ** NOTE ** Rule 8 was revised by agreement effective January 1, 1991, to read: (a) In the event an employee is unable to secure a position in his present seniority district within thirty (30) miles of his protective headquarter's point, he may within seven (7) calendar days elect to exercise seniority over a junior employee in another seniority district provided the position is within thirty (30) miles of his protective headquarter's point. An employee transferring under this Section (a) will establish

12 the same seniority date in the seniority district to which transferred that he held in his former district and will continue to retain and accrue seniority in his former district. (b) In the event an employee is unable, through an exercise of seniority, to obtain a position in his present district and would thereby become furloughed, he may elect to exercise seniority over a junior employee in any other seniority district. He will establish the same seniority date in such seniority district as he holds in his former seniority district and will continue to retain and accrue seniority in his home seniority district. (c) In the event an employee working in an elective district under this rule is unable to retain a position in the elective district or former district, due to reduction in forces or displacement by a senior employee, he may exercise seniority on another position in any other seniority district in accordance with paragraph (b), forfeiting his seniority in the previous elective district but continuing to retain and accrue all seniority rights in his home district. (d) An employee who leaves his home seniority district in accordance with paragraphs (a), (b) and (c) above, exhausts his seniority in the elective district and returns to his home seniority district shall retain and continue to accrue seniority in the elective district. However, he must return to the elective district at the first opportunity to secure a bulletined position, or forfeit all seniority in that district. (e) Except as provided in paragraph (a), the time limits for exercising seniority, as provided for in this rule, shall be thirty (30) days from the date the position was abolished or the employee became displaced or was removed from the payroll. RULE 9 -- Declining Promotions Except as provided in Rule 17, employees declining promotions or declining to bid for a bulletined position shall not lose their seniority.

13 RULE Reentering Service Employees voluntarily leaving the service shall forfeit all seniority and, if they reenter the service, will be considered new employees. RULE Bulletining New Positions or Vacancies and Bidding Therefore (See Clerical Salary Agreement of December 15, 1994) (a) New positions or vacancies of more than thirty (30) calendar days' duration will be promptly bulletined in agreed-upon places accessible to all employees affected, for a period of ten (10) calendar days on line of road and five (5) calendar days in general offices, simultaneously to the entire seniority district as enumerated in Rule 4. The bulletin will show location, title, not more than four principal and/or preponderant duties sufficient to identify position, rate of pay, assigned hours of service, assigned meal period, assigned rest days and, if temporary, the probable or expected duration. If the bulletin expires on a Saturday, Sunday or holiday, the expiration date shall be extended to the next work day. Bulletin shall be in standard form as shown below, with copy of the bulletin and notice of assignment being given to the Division and Vice General Chairman. NOTE: It will not be necessary to show the principal and/or preponderant duties on bulletins advertising relief positions, it being understood that the duties to be performed will be those attached to the positions relieved. However, if the relief position is to perform work on certain days that is not relief as contemplated in Rule 19(f), the principal and/or preponderant duties for such days will be shown on bulletins. (b) Employees desiring such positions will file their bids with the designated officer within that time, stating their applicable seniority date. An assignment will be made within five (5) calendar days thereafter. The name of the successful applicant will immediately thereafter be posted for a period of five calendar days where the position was bulletined. (c) The successful bidder will be required to protect the new assignment no later than the first day of the work week following the posting of the assignment bulletin, unless otherwise agreed to by the Division Chairman and appropriate officer of the Carrier.

14 (d) Employees who bid on bulletined positions will not be permitted to withdraw such bid after close of bulletin. Should such employees fail to accept the awarded position, they must give satisfactory explanation to the appropriate officer of the Carrier, with copy to the Division Chairman. Disputes involving satisfactory explanations will be resolved, upon request by either party, through investigation procedure as prescribed by Rule 38. Standard Form of Bulletin (Sample) Place: (Tampa, Fla.) Date: (June 1, 1974) Advertisement No.: (90) (John Doe's vacancy or new position as the case may be) Title of Position: (Rate and Bill Clerk) Location: (Tampa Agency, Tampa, Fla.) Rate of Pay: (Show correct rate) Principal and/or Preponderant Duties: (Not more than 4, i.e., Rating and Billing Freight, etc.) Assigned Hours: (8 a.m. to 5 p.m., one hour for meal) Meal Period: (12:30 p.m. to 1:30 p.m.) If straight 8-hour assignment, indicate 20 minutes for lunch as per Rule 35(b).) Work Days: (Monday through Friday) Assigned Rest Days: (Saturday - Sunday) Expected Duration: (Indicate whether permanent or temporary. If temporary and the expected duration is known, so state.) Bulletin Expires: (5 p.m. June 7, 1974) Submit bids to: (Division Superintendent, Tampa, Fla.) NOTE: Show correct applicable seniority date and furnish copy of bid to the proper Division Chairman. Signed: Title: cc: Vice General Chairman Division Chairman

15 (e) Notice of assignment will contain the following information and may be included on advertisement bulletins: Position of (Title) at (Location) advertised on my bulletin No. of (Date) has been assigned to (Assignee) (Seniority Date). cc: Vice General Chairman Division Chairman (f) When an employee junior to other bidders is assigned to a bulletined position, the senior employee making the bid will, upon written request, if filed within seven (7) days from date of assignment, be advised in writing the reason for non-assignment. the position sought is of the same, greater or lesser remuneration. RULE Time in Which to Qualify ** NOTE ** Effective April 1, 1993, Rule 12 was revised to read: (a) Except as provided in Rule 7 and 11(f), employees bidding on or awarded bulletined position or exercising displacement rights, will be allowed thirty (30) days in which to qualify. As agreed, in the application of Rule 12(a), it is understood and agreed that an employee bidding for a position or exercising displacement rights will be allowed reasonable and necessary time to qualify, not to exceed thirty (30) working days, subject to the provisions of Rules 7 and 12(b). An employee will be given full cooperation of department heads and others in his efforts to qualify. NOTE: An employee who has been disqualified on a position will not be again assigned to or allowed to displace on this position or a similar position unless he can demonstrate to Carrier representatives he has improved his skills to do such type work.

16 (b) When it is determined that the employee cannot qualify, he may be removed before the expiration of thirty (30) working days, subject to appeal under provisions of the unjust treatment rule. (c) An employee who fails to qualify within thirty (30) working days or is disqualified thereafter may return to his former position and, within five (5) days thereafter, exercise seniority rights on any position bulletined during his absence or he may go directly to such bulletined position, except those bulletined as a result of his absence. (d) An employee displaced as a result of an employee who failed to qualify (or is disqualified) may exercise his seniority rights in the same manner. (e) In the event an employee's former position has been abolished or a senior employee has exercised displacement rights thereon, he will have the privilege of exercising seniority rights over junior employees. ** NOTE ** The following understanding dated May 16, 1983, accompanies Rule 12. If the displaced employee is held on the position for training purposes and the displacing employee vacates the position for any reason other than by displacement before the training period ends, the employee displaced will be considered permanently assigned the position without rebulletining. RULE Filing Applications on Other Seniority Districts and Rights of Employees Assigned (Revised March 1, 1974) (a) Employees making application for positions bulletined on other seniority districts will, if they possess sufficient fitness and ability, be given preference on a seniority basis over non-employees or employees not covered by these rules to any vacancy not filled by an employee holding seniority in the district where the vacancy occurs. ** NOTE ** On October 7, 1980, the parties agreed to the following application of paragraph (a): Employees who file or who have filed application for transfer from one seniority district to another will be given preference for

17 bulletined positions, in accordance with Rule 13(a), when such bulletined positions have not been bid in by qualified employees holding seniority in the district where the vacancy occurs. Of course, if the employee filing application to transfer to the other seniority district does not possess sufficient fitness and ability to be assigned to the position, or if no applications for transfer have been filed in that district, the vacancy will continue to be filled pursuant to Rule 17(h) by requiring the junior qualified unassigned or furloughed employee in the district to report for the vacancy not filled through the bulletin procedures or by employees requesting transfer. (b) Employees transferring under this rule will carry with them all seniority to the new seniority district, and their name and date will be dovetailed onto the roster. Seniority established in the former seniority district will be forfeited and the employee's name removed from the former seniority district roster. ** NOTE ** On August 14, 1980, paragraph (c) was amended to read: (c) Employees desiring to transfer under this rule will do so in writing to the Carrier official responsible for the assignment of employees in the seniority district to which a transfer is desired, with a copy to the employee's immediate supervisor and to the officer issuing the seniority roster on which the employee's name appears. A brief resume of the service record must be prepared by the employee and accompany the request, such resume to be prepared on form supplied by the Carrier. An employee will be permitted to make a request for a specific vacancy, at a specific location, or request general in nature for any vacancy that may occur in the seniority district to which transfer is desired. Those employees filing an application for transfer, prior to time a vacancy is bulletined, shall be given preference over those who file for a transfer during the bulletin period. No requests for transfer (for that vacancy) received after the bid period closes will be honored. Where an employee has made a specific or general request for a vacancy, such request will expire on the following December 31st, or upon the employee's failure to accept a position as the senior qualified applicant. Written notification must be extended to the applicant within five (5) calendars days of the close of the bulletin period; and acceptance or rejection shall be signified in writing, within five (5) calendar days from the date of notification. An employee whose request for transfer has expired may renew same at any time. (d) The provisions of Rule 12 of the current working agreement shall be applicable to an employee transferring from one seniority district to another. However, where an employee is disqualified on the position to which transferred in the new seniority district, fall-back rights are contemplated; and such employee may elect to have seniority restored on former district roster by filing

18 notice of such election in writing with Carrier official issuing the seniority roster, with copy to the Vice General Chairman, within five (5) calendar days from the date of disqualification. If such an election is not filed within said period, the employee shall retain seniority on the district to which transferred. (e) An employee who prior to this rule was not required to change seniority districts or residence to maintain protective benefits will not be required to do so by operation of this rule. NOTE: An employee transferring under this rule to a position bulletined as a temporary vacancy, if relieved by the return of the absent employee, will be required to exercise his seniority, subject to the provisions of Rule 7, on any position bulletined in the district to which transferred while occupying the temporary vacancy. In the event he is unable to retain a position in the district to which transferred in this manner, he may then return to his former seniority district and be governed by the provisions of paragraph (c) of Rule 16. ** NOTE ** It was agreed effective October 1, 1991, and subsequently amended on March 24, 1993 to read: 1. Clerical employees wishing to exercise voluntary seniority rights under the SCL and L&N Agreements from one roster to another must place application, in addition to those now prescribed by the respective rules with: R. P. Byers Senior Director Employee Relations 500 Water Street Jacksonville, Florida a. Section 2 of this agreement applies only to clerical employees exercising voluntary seniority rights under Rule 13 of the SCL Agreement or Rule 12 of the L&N Agreement to another roster within a thirty mile radius. The existence of a furloughed/protected employee at that location previously required is hereby removed. b. It is the intent of this agreement to allow employees to use their seniority to work wherever they want, however, it is not the intent to create unnecessary turnover in any area. c. The Parties signatory to the agreement will determine whether or not the assignment to the senior applicant will create surplus employees in the affected district and in such cases the assignment may be rejected.

19 When a position is advertised on a Jacksonville roster and there are no successful candidates from the advertising roster, the senior applicant under Rule 13 (407) will be awarded the position if there are no vacant positions on the roster from which the 407 applicant is transferring. d. Employee Relations will coordinate voluntary transfers within the Jacksonville area rosters. Information concerning numbers of jobs, employees, vacancies, shortages or surpluses for each roster will be discussed with the affected departments and shared with TCU representatives. e. The parties agree to meet periodically after the effective date of this agreement to evaluate how much turnover has occurred and to work together to address any problems regarding voluntary transfers. 3. a. Those SCL employees exercising seniority rights to Seniority District 18b will be placed according to Section 2a of the Customer Service Center Agreement effective April 7, 1991, in sequence following other active clerical employees throughout the entire CSXT System pursuant to the Voluntary Transfer Agreement (so-called 5 Party Agreement) effective January 1, RULE Former Position Vacant When an employee bids for and is awarded a permanent position, his former position will be declared vacant and will be bulletined promptly. An employee bidding for and being assigned a bulletined position will not be permitted to bid on his former position until it is bulletined a second time, unless his new position is abolished or unless he is displaced there from by a senior employee before close of bulletin on his former position. RULE Temporarily Filling Bulletined Positions Bulletined positions may be filled temporarily pending an assignment; and, in the event no bids are received from employees covered by this agreement, assignment may be made by appointment, with bulletin to be issued accordingly.

20 RULE Temporary Vacancies (a) Vacancies of thirty (30) calendar days or less duration shall be considered temporary and may be filled without bulletining; however, when there is reasonable evidence that such vacancies will extend beyond the thirty (30) calendar day limit, they shall be bulletined immediately. (b) When a regularly assigned employee is absent from the service and it becomes necessary to advertise the vacancy under this rule, it will be advertised as a temporary vacancy. (c) An employee relieved from a bulletined temporary vacancy, under this rule, may within seven (7) days return to his former position or he may exercise his seniority on any position bulletined while he was occupying the temporary vacancy, except those bulletined as a result of his absence. In event his former position has been abolished or senior employee has exercised displacement rights thereon, he may exercise seniority rights over any junior employee if such right is asserted within fifteen (15) calendar days. ** NOTE ** The following application of Rule 16 was reached by Agreement dated May 6, 1988: Employee Jones is regularly assigned occupying a position in elective District No. 14. A temporary position becomes available in home District No. 18. Clerk Jones is the senior applicant and awarded the temporary position in home District No. 18. The regular occupant reports back to work and returns to the former position. What are Clerk Jones options? Under Rule 16, Clerk Jones must return to his former position or he may exercise his seniority on any position bulletined while he was occupying the temporary vacancy, except those bulletined as a result of his absence. In the event his former position has been abolished or a senior employee has exercised displacement rights thereon, he may exercise seniority rights over any junior employee if such right is asserted within fifteen (15) calendar days. Additionally, if positions are advertised in the home district while he was occupying the temporary vacancy in such district, he may exercise seniority rights to those positions, however, he must return to the elective district at the first opportunity to secure a permanent bulletin position; otherwise he shall forfeit any seniority in the elective seniority district as provided in Rule 8(c).

21 (d) When a vacancy has been bulletined as temporary and later becomes permanent, the employee then occupying the position will be considered permanently assigned without re-bulletining. RULE Reducing and Increasing Forces (a) When reducing forces, seniority rights shall govern. In all cases of abolishment of established positions, except as provided in paragraph (b) of this rule, employees affected will be given all reasonable advance notice practicable, but in no case less than five (5) assigned working days, prior to the effective date of the abolishment. Such information will be bulletined to all employees in the seniority district showing name of the present occupant, location, title, rate of pay, days and hours of assignment and effective date of abolishment, with copy to be furnished to the Division and Vice General Chairman Example: (1) Assignment abolished effective with the close of business on Friday; Saturday and Sunday are rest days. The employee assigned thereto would be notified prior to starting time the previous Monday. (2) Assignment abolished effective with the close of business on Monday; Saturday and Sunday are rest days. The employee assigned thereto would be notified prior to starting time the previous Tuesday. (b) Rules, agreements or practices, however established, that require advance notice to employees before abolishing positions or making force reductions are hereby modified to eliminate any requirement for such notices under emergency conditions, such as flood, snow storm, hurricane, tornado, earthquake, fire or labor dispute other than as covered by paragraph (c) below, provided that such conditions result in suspension of a Carrier's operations in whole or in part. It is understood and agreed that such force reductions will be confined solely to those work locations directly affected by any suspension of operations. It is further understood and agreed that notwithstanding the foregoing, any employee who is affected by an emergency force reduction and reports for work for his position without having been previously notified not to report, shall receive four (4) hours' pay at the applicable rate for his position. If an employee works any portion of the day he will be paid in accordance with existing rules. (c) Rules, agreements or practices, however established, that require advance notice before positions are abolished or forces are reduced are hereby modified so as not to require advance notice when a suspension of a Carrier's operations, in whole or in part, is due to a labor dispute between said Carrier and any of its employees. Division Chairman will be furnished copy of all advance notices of positions to be abolished, if such notices are posted. Promptly upon termination of the emergency conditions, all positions and incumbents thereof shall

22 be restored to the status prevailing prior to the emergency. (d) When a position which has been abolished is reestablished within thirty (30) days, it will be offered to the last regularly assigned incumbent, if still in service; and if he elects to do so (confirmed in writing) he will be returned to the position without regard to seniority. If he does not elect to return to the position (confirmed in writing), it will be bulletined as provided in Rule 11. When an employee returns to a reestablished position under this rule, other employees who were displaced account of this temporary reduction in force, if they elect to do so, may return successively to their former positions in the same manner as provided above. (e) Employees whose positions are abolished or who are displaced through exercise of seniority will be considered unassigned and may exercise seniority rights in the seniority district where working, but must do so within fifteen (15) calendar days. Employees whose seniority, fitness and ability entitled them to a regular position or a guaranteed extra board, which does not require a change in residence, must exercise their seniority within the fifteen (15) days referred to herein, except in cases of personal illness, unavoidable causes, lack of fitness and ability, or inability to exercise seniority as result of no position available. An employee referred to in this Section (e) who fails to exercise his seniority to a regular position which does not require a change in residence will be notified, by certified mail sent to the last address given, which regularly assigned position he must displace on. He will be required to report within seven (7) days of receipt of notice, or give satisfactory reason for not doing so, or be considered out of the service. Employees whose positions are abolished or who are displaced through exercise of seniority, under this rule, will not be permitted or required to perform compensated service during the fifteen (15) day period referred to herein, until such time as an exercise of seniority has been made. Under the provisions of this rule, employees will not be permitted to perform unassigned work and then exercise seniority to a regular position. (f) Unassigned employees, as referred to in paragraph (e) of this rule, desiring to be considered available to perform work, as outlined in Rule 18, must notify the proper officer in writing, within fifteen (15) days from the date affected, with copy to the Division Chairman, that they will be available and desire to be used. An unassigned employee may withdraw his written notice of willingness to perform such work at any time before being called for such service by giving written notice to that effect to the proper officer, with copy to the Division Chairman. Such employee is then considered as furloughed. Unassigned employees used for extra or relief work under this rule will not be subject to the provisions of paragraph (a). (g) Furloughed employees (those not available for extra or relief work) must file their address in duplicate with the proper officer (the officer authorized to bulletin and award positions) at time of reduction (within fifteen (15) calendar days) and advise

23 promptly of any change in address. Employees failing to file their address or give satisfactory reason for not doing so will be considered out of service. (h) If no bids or applications are received for bulletined positions or vacancies, the junior furloughed employee, having the necessary fitness and ability, will be assigned thereto. In the absence of such furloughed employee, the junior unassigned employee protecting work, as outlined in Rule 18, who resides within thirty (30) miles of said position or vacancy, shall be required to report for and be assigned to said position or vacancy. Employees assigned under the provisions of this rule will be required to protect such position within seven (7) days of receipt of notice (by certified mail sent to the last address given), or give satisfactory reason for not doing so, or be considered out of service. ** NOTE ** The following application of paragraph (h) was reached by Agreement dated October 7, 1980: Employees who file or who have filed application for transfer from one seniority district to another will be given preference for bulletined positions, in accordance with Rule 13(a), when such bulletined positions have not been bid in by qualified employees holding seniority in the district where the vacancy occurs. Of course, if the employee filing application to transfer to the other seniority district does not possess sufficient fitness and ability to be assigned to the position, or if no applications for transfer have been filed in that district, the vacancy will continue to be filled pursuant to Rule 17(h) by requiring the junior qualified unassigned or furloughed employee in the district to report for the vacancy not filled through the RULE Use of Unassigned or Extra Board Employees (a) Subject to Rule 7, where guaranteed extra boards are not established or are exhausted, unassigned employees in the seniority districts as defined in Rule 4, who have, in accordance with Rule 17, indicated a desire to protect temporary vacancies or relief work, shall be given first preference, on a seniority basis, to: 1. New positions or vacancies during period of advertisement and assignment; 2. Short or temporary vacancies as defined in Rule 16; 3. Absences account of employees on vacation; or

24 4. Vacancies, if filled, occasioned by conditions in Rule 49 and 50, to the extent of completing forty (40) hours (five straight-time 8-hour shifts) as defined in paragraph (b) of this rule. (b) The term "work week" for unassigned employees shall mean a period of seven (7) consecutive days starting with Monday. ** NOTE ** The following application of paragraph (b) was reached by Agreement dated May 9, 1983: Paragraph (b) of the June 19, 1979 interpretation of Rule 18 is amended to provide that when an unassigned clerk is called to protect a monthly rated position within the terminal, such clerk will take the conditions of the assignment including the rest days. If an unassigned employee has been called for an assignment in the terminal and has already worked, for example, two days in his work week before going on the assignment, he may be worked three additional days at straight time in his work week. Time and one-half rate will not apply to employees who work more than forty (40) hours in the work week on six-day, monthly rated positions. (c) When filling short vacancies occasioned by failure of the regularly assigned (not relief) employee to report for duty, the following procedure will be observed, in the order shown: 1. By the use of unassigned employees who have not completed forty (40) hours' work in that week, as provided for in paragraphs (a) and (b) of this rule. 2. By the senior qualified regularly assigned employee, in the immediate office, as established by agreement between the Division chairman and appropriate Carrier officer, who has filed a written request at least five (5) days prior to the occurrence of the vacancy desired. (d) When filling short vacancies occasioned by failure of the regularly assigned relief employee to report for duty, the following procedure will be observed, in the order shown: 1. By use of unassigned employees who have not completed forty (40) hours in that week, as provided for in paragraphs (a) and (b) of this rule. 2. By the employee who works the job five (5) days per week, if he desires the work.

25 3. By the senior qualified available regularly assigned employee, in the immediate office, as established by agreement between Division Chairman and appropriate Carrier officer, who has filed a written request at least five (5) days prior to the occurrence of the vacancy desired. (e) The designation "available" as used in paragraphs (c) and (d) of this rule excludes employees who have completed sixteen (16) hours of continuous service, those who cannot protect their regularly assigned positions if called in advance thereof, or employees who cannot fulfill the full eight (8) hours of their regularly assigned position. ** NOTE ** The following application of paragraph (e) was reached by Agreement dated May 9, 1984: An extra yardmaster, after completion of a working day as a yardmaster, would not be allowed to work as a clerk within the same 24-hour period if an extra clerk can protect the assignment at straight time. If the filling of clerical assignment (the extra yardmaster's clerical position) required the payment of a penalty, the incumbent extra yardmaster will be used at the straight time clerical rate. (f) When it is mutually agreed, extra boards may be established; and rules governing the manner of working the extra boards will be in writing. Agreements covering extra boards must be signed by the appropriate Carrier officer and the General Chairman or vice General Chairman. Where such extra boards are established, they shall be designed to work on a rotating basis, unless otherwise agreed, filling all positions coming under the coverage of the working agreement. Incumbents of such extra boards will have preferential rights, to the extent of forty (40) straight-time hours, when filling vacancies referred to in paragraph (a), "cubbing" or assisting other occupants of positions covered by the agreement, due to an influx of work, not exceeding five (5) consecutive days. Extra board employees' work week shall be Monday through Sunday and rest days need not be consecutive. They shall be guaranteed ten (10) days per half, except that such guarantee shall be reduced by one (1) day's pay for any day on which an employee does not work by reason of his failure to respond to call or is unavailable. NOTE: Extra boards will not be used to avoid establishing