rCicL<.^^-a-^ - f\o-T^ rX^A^^-cy ^!x^^^'^-^'^-^-^f RULINGS AS TO MEANING AND APPLICATION OF THE AWARD. Arbitration between the Eastern Railroads and Order of Railway Conductors and Brotherhood of Railroad Trainmen Submitted to Arbitration, under the Act of July 15, 1913 By Agreement Dated July 26, 1913. New York April 9, 1914/ I AW REPORTING COMPANY, Ofhcial Reporters, 11$ Braadway, New York. THE MARTIN P. CATHERWOOD LIBRARY OF THE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY Property of MARTIN P. CATHIRWOOD UftRA NEW YORK STATE SCHOOL fir IKDUSTRIM m LABOR RELATiBHo Cornell University RULINGS AS TO MEANING AND APPLICATION OF THE AWARD. AEBITEATION Between The Eastern Eailroads and Order of Railway Conductors and Brotherhood of Railroad Trainmen, Submitted to Arbi- tration, Under the Act of July 15, 1913, by Agreement dated July 26, 1913. 4fT) f?Cu yCy- , On March 25th, Mr. W. W. Atterbury, Vice- President of the Pennsylvania Railroad Co., re- signed from the Board, and his place was filled according to the provisions of the law by the ap- pointment of Mr. John G. Walber, Assistant to the Third Vice-President of the Baltimore & Ohio Rail- road Company. When the Board answers numbered questions, under given articles, they are questions which have been jointly submitted. When the Board passes upon specific cases, it is necessary to point out that some cases have been, pre- sented under one article by the Conference Committee and under another article by the Organizations. The grouping of cases, under the several articles of this Award, is without prejudice to the legal rights of either side. 2 ARTICLE A. "On runs of 155 miles per day or over, the pay of passenger conductors on steam trains, or upon trains on which an electric locomotive is used, to be 2.9 cents per mile; assistant conductors or ticket collectors, 2.3 cents per mile; baggagemen, 1.65 cents per mile; all flagmen and rear brakemen, 1.6 cents per mile ; brakemen, 1.6 cents per mile. These I'ates to obtain whenever the miles made at these rates in a day amount to a greater sum than the minimum day rates fixed by Article B. "Example 1 : A brakeman runs 159 miles at 1.6 cents per mile, equalling |2.544 — minimum day's pay is greater, should be paid minimum day, |2.55. "Example 2 : A brakeman runs 170 miles at 1.6 cents per mile, equalling |2.72, which is greater than the minimum day's pay, should be paid |2.72." ARTICLE B. "On runs of less than 155 miles per day the pay of passenger conductors to be |4.50 per day; as- sistant conductors and ticket collectors, $3.57 per day; baggagemen, $2.75 per day; regularly desig- nated flagmen or rear brakemen, $2.60 per day; brakemen, $2.55 per day. "In the meaning of this Award, a passenger day begins at the time of reporting for duty for the initial trip. Daily rates obtain until the miles made at the mileage rates exceed these daily minima. "Example : A Conductor making 91 miles with- in a day is paid $4.50; a conductor making 221 miles within a day is paid 221 x 2.9 cents, equalling $6,409. "In Articles A and B the Board names rates to apply to assistant conductors and ticket col- lectors in passenger service, but does not ci'eate such classes where not named in schedules or agreements. "The Board also names rates to apply to flagmen and rear brakemen in passenger service — in all cases to be paid to the man who is regularly desig- nated to perform the duties of rear trainman or flagman, regardless of his title in pay schedules." AETICLE 0. "(a) Passenger trainmen on short turn-around runs, no single trip of which exceeds 80 miles, in- cluding suburban and branch line service, shall be paid overtime for all time actually on duty or held for duty in excess of eight hours ( computed on each run from the time required to report for duty to the end of that run) within twelve consecutive hours, and also for all time in excess of twelve con- secutive hours computed continuously from the time first required to report until finally released at the end of last run, and will be computed for each employe on the basis of actual overtime worked or held for duty. Time shall be counted as continuous service in all cases where the inter- val of release from duty at any point does not ex- ceed one hour. "Example 1 : A crew makes two round trips from A to B, a distance of 60 miles for a round trip ; they go on duty at A at 7 a. m., off duty at B at 9 a. m., on duty again at B at 10 :30 a. m., off duty at A at 1 :00 p. m., on duty again at A at 2 :01 p. m., off duty at B at 3 :59 p. m., resume-duty at B at 5 :01 p. m., finally released at A at 7 :00 p. m. This crew has made 120 miles and has worked and been held on duty eight hours and twenty-seven minutes with- in a consecutive period of 12 hours, and is entitled to a minimum day's pay and twenty-seven minutes overtime, at the overtime hourly rates. "Example 2 : A crew in turn-around service, or, what is sometimes called shuttle service, with no period off duty in excess of one hour's duration, makes 170 miles in nine consecutive hours ; should be paid 170 miles at the mileage rates plus one hour overtime at the overtime hourly rates. "Example 3: A crew goes on duty at 7 a. m., re- leased at 7 p. m., and during this 12 hour period is relieved of duty one period of 4 hours and 1 minute, or two or more periods over one hour each, aggregating more than 4 hours off duty; no over- time. "Example 4 : Ovei'time accrues in less than a con- secutive 12 hour period whenever trainmen are on duty or held for duty more than 8 hours, exclusive of periods of 1 hour or more off duty. A crew goes on duty at 7 a. m., and off at 7:59 a. m., re- turns to duty at 9 a. m., and is relieved three times (30, 40 and 59 minutes) between 9 a. m.j and final release at 5 p. m., 1 hour is deducted from 7 ;59 a. m. to 9 a. m., should be paid 59 minutes overtime at the overtime hourly rates. "(b) The following are the overtime rates per hour for all passenger service : Conductors ............... 45 cent^ per hour Assistant Conductors and Ticket Collectors , . 35.T " " " Baggagemen... 27.5 " " " Flagmen or Bear Brakemen. 26 " " " Brakemen ....,..,. 25.5, " ," " "(c) Other pa*ssenger trainmen shall be paid for overtime on a speed basis of 20 miles per hour com- puted continuously from the time required to re- port for duty until released at the end of last run. Overtime will be computed on the basis of actual overtime worked or held for duty at the above rates, except that under the minimum day no overtime shall accrue to such passenger trainmen until the expiration of 7 hours and 45 minutes from time of first reporting for duty. ' "Example 1 : On a straightaway run a crew runs a train from A to C; leaves A 9 a. m. as No. 1, ar- rives at B, 60 miles from A, at 12 noon. The crew remains there until 3 p. m., then runs train No. 3 in same direction or at an angle from the direction train No. 1 runs, and arrives at O, 75 miles frbm B, at 6 p. m., a total distance of 135 miles and a spread of 9 hours ; crew is entitled to overtime at the hourly overtime rates after 7 hours and 45 minutes or i minimum day plus 1 hour and 15 minutes overtime. "Example 2 : A crew runs a train from A to B and returns to A, a distance of 180 miles for the round trip, going on duty at A at 7 a. m., and is released at A at 3 :50 p. m., time of trip made is less than average speed of 20 miles per hourj no overtime accrues. "Example 3 : A run from A toi B aiid return to A, a distance of 143 miles in each direction, spread is from 7 a. m. to 12 midnight, on continuous time and mileage, which would amount to 286 miles for the conductor,- at 2.9 cents per mile, or |8.294; otertime at 20 miles per hour begins after 14 hours and 18 minutes entitling the conductor, to 2 hours and 42 minutes overtime at 45 cents per hour, or $1.22 ; making a total for the trip and con- tinuous time and mileage of |9.51. If changed to a straightaway run in each direction he would be paid two minimum days at $4.50 each, or $9.00. "Example 4 : A conductor makes a round trip from C to D, and returns to C, a distance of 6 165 miles ; on duty at C at 7 :00 a. m., relieved at C, at 10 :00 p. m., 15 hours on duty or held for duty on the trip, overtime accrues after 8 hours and 15 minutes on speed basis of 20 miles per hour; con- ductor is entitled to 165 miles at 2.9 cents per mile, or |4.785 plus 6 hours and 45 minutes overtime at 45 cents per hour, or $3.04, or |7.82 for the trip. "Example 5: A crew goes on duty at A at 8 a. m., runs 50 miles to B, and goes off duty at 9 :45 a. m., on duty again at B at 11 :00 a. m. ; and runs through A to C, distance of 85 miles, and goes off duty at 1 :30 p. m. ; resumes duty at C at 4 :10 p. m. and runs 35 miles to A and is finally relieved at 5:45 p. m. Total distance 170 miles; on a speed basis of 20 miles per hour, overtime accrues after eight hours and thirty minutes; conductor is en- titled to 170 miles at 2.9 cents per mile, or $4.93 plus one hour and fifteen minutes overtime at 45 cents per hour, or 56 cents, or f 5.49 for the trip "(d) Regularly assigned passenger trainmen who are ready for service the entire month and who do not lay off of their own accord shall re- ceive the following minimum sums, exclusive of overtime for the calendar month : Conductors $135.00 Baggagemen 82 50 Flagmen or Rear Brakemen 78.00 Brakemen 76.50 "Extra service may he required sufficient to make up these guarantees and may be made between regular trips; may be made on lay-off days; or may be made before or after the completion of a trip; if extra service is made between trips which go to make up a day's assignment such extra service will be paid for on the basis of miles or hours which- ever is the greater, with a minimum of one hour. Extra service before or after the completion of a day's work will pay not less than a minimnm day. "(e) When a regular passenger man lays off of his own accord or is held out of service, the extra man will receive the same compensation the regu- lar man would have received, and the amount paid the extra man or men, will be deducted from the amount the regular man would have received had he remained in service, the sum of the payments to the man, or men, who may be used on the run, equalling the monthly guarantee. "Example 1 : A man is on a run of 439 miles in one direction or 878 miles for a round trip; he is assigned for 9 round trips per month; he lays off 1 round trip ; inasmuch as his entire service is paid on a mileage basis, he loses the actual number of miles he failed to make, or 878 miles, and the extra man is paid for 878 miles. 'Example 2 : A conductor has a regular run as follows: One day, 150 miles; he is paid a mini- mum day's pay of $4.50; next day, he makes 300 miles at 2.9 cents per mile, or |8.70; he has a lay- over and is off the third day. There are ten cycles like this in a 30-day month. Ten round trips at $13.20 for each trip equals $132.00. He is paid under the guarantee $135,00 for the month's work. If extra man fills this place on short day, he should receive the minimum day's pay, $4.50; on the day 300 miles are made, he receives 300 miles at 2.9 cents, or $8.70; if he makes both service days rep- resenting the work done in the cycle, he should re- ceive 3/28ths, 3/30ths, or 3/31sts of the $135.00 monthly guarantee according to the calendar days in the month, the regular man's pay to be reduced accordingly." ARTICLE C (c). Cases 23j 27 and 34. Under paragraph (t) of Article C, overtime com- mences for all members of the crew after seven hours and forty-five minutes; but excess mileage begins for the conductor after 155 miles; for the baggageman af- ter 166 miles; for the flagman after 162 miles and for the brakeman after 159 miles. After these distances have been run, overtime will.be computed on basis of twenty miles per hour. Case 25. In view of rule in effect on New York Central Rail- road and the Award as made, the Board believes that in equity the rul6 should apply only once, and that at the beginning of the day's work. ARTICLE C (d). Cases 13, 18, 19, 21 {one paragraph), 41 owd 69. Answer : The Award provides no monthly minimum for assistant conductors or ticket collectors. It was expected that in schedules where monthly guarantees are provided for, a proportional increase in the monthly guarantee would be applied. Cases 11, 37 {1st paragraph) and 178. For the purpose of making up the guarantees given by Article C (d), to regularly assigned men who work 30 days per month, running less than 155 miles per day, extra service cannot be required. If such men perform extra service, the schedules govern the bases of pay therefor. Case 177. The Board has carefiilly refused to interfere with seniority rights. Subject to the rights conferred by seniority rules, regular men may be used in, the place of extra men for the purpose of making up the" guar- antees, as provided by Article C (d). Questions. 1. Can or cannot crew he used in extra service to apply on the guarantee on days their assign- ment calls for service in excess of 155 miles, and who do not rvM sufficient number of days to absorb the monthly guarantee? Answer: Yes. 2. Can or cannot regularly assigned men in pas- senger service making less than the monthly guar- antees be used in performing as extra service tvork regularly performed by other men regularly as- signed in their ovm class who are laying off {of their own accord) ? Answer: The Board added to the question the phrase "of their own accord." With this addition the Board answers — ^yes. 3. Can or cannot regularly assigned men in pas- senger service making less than monthly guarantee be used in any class of service other than passenger to make up monthly guarantee? (ffl) On roads where schedules confine men to certain classes of service? Answer: No. (6) Where there are no such schedule restric- tions? Answer: It was the sense of this Board, in grant- ing a monthly guarantee, that the fair principle should govern that the men should work at any work of the class as usually employed, on individual railroads, to fulfil the obligations of the guarantee. 4. Do the bases of pay for extra service in "C (d)" apply only in making up the guarantees, or do these bases of pay apply to all extra service re- quired of passenger men, whether applying on guarantees or not? 10 Answer: Prevailing opinion, these bases apply only in making up the guarantees. (Messrs. Sheppard and Cease dissent.) 5. Can or cannot extra service he required of men in territory not covered by the pools to which they are assigned? (a) Where men have seniority rights on terru tory not covered hy their regular pool? (b) Where men have seniority rights on terri- tory covered by the pool? Answer: The question of territory in whicjh men are permitted to work was not submitted for arbitra- tion. Questions Prepared By The Board. 1. How shall regularly assigned passenger train- m,en, who earn tlwi/r monthly guarantee in regular assignment, be paid for extra service? 2. How will men who do not earn guarantee in regular assignment be paid for extra service after they have perform,ed extra service enough to make up the monthly guarantee? Answer: Prevailing opinion, after guarantees have been absorbed, extra service will be paid for on basis of schedules in effect prior to the Award. (Messrs. Sheppard and Cease dissent.) ARTICLE D. "Reductions in crews or increases in mileage in passenger service from assignments in effect No- vember 1, 1912, shall not be made for the purpose of ofT-setting these increases in wages, but nothing in this Award is understood to prevent adjustment of runs in short turn-around and suburban service that are paid under minimum rules, for the pur- pose of avoiding payment of excess mileage, or overtime that would accrue under these rules with- 11 out reducing the number of crews. Such runs may be rearranged, extended or have mileage changed by the addition of new train service; separate pools or assignments may be segregated or divided; provided that crews are not taken off or reduced in number. Added mileage up to mile- age equalling the mileage rate divided into the guaranteed daily rate does not change, take from, or add to the minimum day's pay, and this added mileage is not to be construed as "increase in mile- age" within the meaning of this Article. For the purpose of avoiding payment of excess overtime on turn-around runs in passenger service when any part or leg thereof is over 80 miles, the Companies will be privileged to rearrange runs, combine pools or sets of runs, and may establish inter- divisional runs, excepting when this may be pro- hibited by provisions of existing schedules, such runs to be paid for in accordance with the mileage schedules of this Award, but in no case less than the combination of trip rates in existence at the date of this Award." (ARTICLE D.) Questions. 1. Can or cannot runs of under eighty rmles and over eighty miles he combined? Answer: The intent of Article D might have been more clear if it had been printed in two paragraphs, the first paragraph ending with the words "within the meaning of this Article" and the second paragraph beginning with the words "for the purpose of avoid- ing payment of excess overtime on turn-around runs in passenger service when any part or leg thereof is over eighty miles". The Article being thus divided in two paragraphs, it is clear that the first paragraph defines what may be done under Article D with runs in short turn- around and suburban service that are oot paid under minimum rules; the second paragraph defines what 12 may be done on turn-around runs in passenger ser- vice when any part or leg thereof is over eighty miles. The Board, therefore, finds that runs under eighty miles and over eighty miles can be coinbined only when such combination does not result in reductions in crews or increases in mileage in passenger service from assignments in effect November ist, 1912, and which are not made for the purpose of offsetting these increases in wages. 2. In reassignment of runs must prior home terminals of each passenger crew he maintained; ( a ) Wh ere schedule provision prevents changing home terminal? (b) Where there is no such schedule provision? Answer: In the case of reassignment of runs, prior home terminals of each passenger crew must be main- tained where the schedule provision prevents chang- ing the home terminals. This result follows from Article Q. Where there is no such schedule provision the prior home terminal of each passenger crew need not be maintained. 3. Can or cannot summer business he added to regular business to avoid excess mileage or over- tim,ej (a) Where schedule provides that where summer train sheet becomes effective certain increases in crews will take place? (ft) Where no schedule provisions exist? Answer: Under the limitations of Article D sum- mer business may be added to regular business in order to avoid excess mileage or overtime where the schedule provides that, when the summer train sheet becomes effective, certain increases in crews will take place, unless the schedule or some other existing agreement which is protected by Article Q prevents. Where no such schedule provisions exist, summer business may be added to regular business. 13 AETICLE E. "For all special and incidental service in pas- senger and freight service not specifically covered by this Award a percentage of increase is hereby granted as follows : Passenger conductors 8.2 % Baggagemen 6.4 " Passenger flaigmen or rear brakemen 4.9 " Passenger brakemen 6.7 " Through freight conductors 10.1 " Through freight flagmen. 5.7 " Through freight brakemen 10.3 " Local freight conductors 13.2 " Local freight flagmen 7.1 " Local freight brakemen 11.1 " "It is not the intention of this Article to reclass- ify any service within existing schedules except as reclassified by this Award, nor to increase special allowances based on the standard mileage, hourly, or daily rates. "The Board finds itself unable from the evidence before it to make uniform rules for multiple unit electric service, but it is awarded that where stand- ard rates now obtain the standard rates fixed by this Award shall apply, and where special rates ex- ist, that such special rates shall take the percent- age of increase given by this Article ; provided that in no case shall the rates so increased be carried above the standard rates fixed by this Award. "Where on any road lower raltes than the stand- ard or prevailing rates were established by the Clark-Morrissey Award in 1910, the same percent- age of wage differentials will obtain under this Award, but all other conditions except rates will he superseded by this Award. It is intended that in no case shall the rates so increased be carried above the standard rates fixed by this Award. "This Board is uninformed as to the precise range of effect of the Clark-Morrissey Award. This Board 14 does not intend to open up any question as to stand- ardization of rates not directly connected with the Clark-Morrissey Award. Any dispute arising out of this exception may be submitted to this Board or a sub-committee thereof for final decision. Such submission shall be in writing. A statement should be agreed upon, and if not agreed upon, then the differences should be recited in detail." Cases 38, 39. Answer: (a) Where men were formerly paid by a daily guarantee less than the standard such daily guarantee will be increased by the percentages speci- fied in Article E. (b) Where men were paid the standard daily guar- antee, but no monthly guarantee, the awarded monthly guarantee will be paid. (c) Where men were paid a daily rate less than the standard, but with no monthly guarantee, a monthly guarantee will be paid, produced by multiplying the new daily guarantee by thirty. Case 67a. This Board did not rule on the number of crews operating between New York, Weehawken & Buffalo, as stated in this case. The case is referred back to the management and the men upon the representations made to this Board that the number of crews now in service between Wee- hawken, New York and Buffalo taking the exceptional rate, are not in excess of the number of crews in serv- ice at the time of the application of the Clark-Mor- rissey Award. If this statement is correct, the Board recommends acceptance of the situation by the men without prejudice to the principles involved. Case 74a. Rates on the Long Island Railroad, in both steam and electric service, are governed by Article E. The Board is clear that under the limitations of the paragraph in Article E relating to multiple unit serv- 15 ice, it is not free to readjust the length of the day and the mileage on the Long Island Railroad, nor to at- tempt to apply the standard conditions affecting opera- tion to the multiple unit service. The whole purpose of the paragraph, however, is to secure to the men in such service the proportional advantages as to pay which were given by the Award. Among these ad- vantages is the monthly guarantee. The Board there- fore believes that, in equity, the monthly guarantee should apply to both services and recommends that where the rate of pay is increased by a percentage the monthly guarantee shall be 30 times the daily pay. (Messrs. Smith and Walber dissent.) Questions. 1. (a) Was it the intent of the Board that the percentages of Article E should apply only on roads on which Clarh-Morrissey Awards were hand-ed down? Answer: No. (6) Were they to apply on roads where agree- ment was made to accept and apply the Clarlc- Morrissey Awa/rdsf Answer: Prevailing opinion, yes. (Messrs. Shep- pard and Cease dissent.) (c) Were they to apply on roads who did not so agree, hut whose settlements were a result of the Clark-Morrissey Awards? Answer: Prevailing opinion, yes. (Messrs. Shep- pard and Cease dissent.) 2. On roads ichere exceptions were made in Clwrk-Morrissey Award on certain runs on account of less being required of men thereon, should changed conditions requiring hours or miles equal to, or greater than, equivalent to minima take such run out of list of exceptions? Answer: Yes. 16 3, On roads on which Clarh-Morrissey Award made exceptions, must such exceptions he made to apply to runs created since that time under similar conditions and which have taken same rates as the excepted runsf Answer: Prevailing opinion, yes, (Messrs. Shep- pard and Cease dissent.) 4. Where Clark-Morrissey Award did not apply, as on page 73 of Organizations' presentation, pages 42 and 43 of Conference Committee's presentation, shall men be paid at standard rates awarded No- vember 10, 1913, or under provisions of Article Answer: Prevailing opinion, under provisions of Article "E". (Messrs. Sheppard and Cease dissent.) ARTICLE F. "Through and irregular freight, work, construc- tion, snow plow, circus or wreck train service, to be paid as follows : Conductors 4.00 cents per mile Flagmen 2.67, " " " Brakemen 2.67 " " " "Euns of 100 miles or less, either straightaway or turn-around, to be paid for as 100 miles.'^ Case 146. The Award does not change the basis of pay under this rule. ARTICLE G. "Way freight, pick up or drop, mine and rousta- bout service shall be paid as follows: Conductors 4.50 cents per mile Flagmen 3.00 « « « Brakemen 3.00 " « " 17 "Runs of lOO miles or less, either straightaway or turn-aroiind, to be paid as 100 miles." Case 74. The Long Island Railroad having paid standard rates in local freight service prior to this Award — this rule having been in effect at that time and the Award applying to that class of service dn that Railroad — rule is not superseded by the Award. Cases 93, 95 and 114, Answer: The Board fixed rates for certain classes of work, and when crews do such work they should be paid rates as specified. The Board has no jurisdiction to classify services. The Board awarded the same rate to freight flagmen and brakemen. ARTICLE H. "The services specified in this Article shall be paid for in accordance with the provisions of Ar- ticle F, of this Award, and at the rates therein specified. "Example: In case a crew is now paid a way freight rate in work train or wreck service, the conductor and the brakeman of such crew will de- termine whether they will hold their present wage or accept the rates as specified in Ai'ticle F." Case 89. Answer: Prevailing opinion, this case is answered by the example under Article H of the Award. (Messrs. Sheppard and Cease dissent.) ARTICLE I. "In all road service, other than passenger ser- vice, 100 miles or less, ten hours or less, shall con- stitute a day's work. On runs of 100 miles or less, overtime shall be paid for all time in excess 18 of ten hours; and on runs of over 100 miles, over- time shall be paid for the time used in excess of the time necessary to complete the trip, at an aver- age speed of ten miles per hour. The working time of trainmen shall begin at the time they are re- quired to report for duty and do report, and shall continue until they are relieved from duty at end of run. Overtime for each employe shall be com- puted on the basis of actual overtime worked or held for duty, and be paid for at the rate of ten miles per hour for the class of service performed. "Crews in pool or irregular freight service may be assigned to make short trips and turn-arounds with the understanding that one or more turn- around trips may be started out of the same ter- minal and paid actual miles with a minimum of 100 miles for a day, provided that the mileage of all the trips does not exceed 100 miles, and fur- ther provided that crews will not be started out of terminals under this rule after having been on duty ten consecutive hours." Questions. 1. In Gomhiming short freight trips, are or are not the railroads limited to an aggregate of 100^ miles? Answer: In combining short freight trips the rail- roads are limited to an aggregate of loo miles. 2. In assigning freight crews to short turn- around trips, must the number of trips and des- tinations be stated at time of assignmetttf Answer: Roads may order a crew or an individual for short turn-around service within fifty miles of a terminal, or through a terminal, in any direction, pro- vided the combination of short trips does not exceed 100 miles, and further provided that crews shall not be started out of terminals after having been on duty ten consecutive hours, and that such assignments do 19 not interfere with the seniority rules. This applies to crews in pool or irregular freight service only. It is not necessary that the number of trips or destinations within fifty miles be specified in the call, but the first call should specify turn-around service. 3. Did or did not the Board intend in award- ing payment for miles made with a minimum of 100, or hours consumed with a minimum 'of ten, and therefore injuring compensation for the en- tire crew between original reporting and final re- lease to comprehend all the service incidental to the trip which may be required of crem within this period? In other words, are oldarbitraries for side trips, doubling hills, terminal and intermediate switch- ing, etc., eliminated? Answer: Answered under Article P where the Board says: "The Board did not undertake to deal with allowances made by some of the railroads in their schedules for extra and incidental services, such as doubling hills, "terminal and intermediate switch- ing, turning engines, putting up coal, and the like." Service described in Case No. 167 is not turn-around as defined in Article I; therefore, Award does not authorize such service. ARTICLE J. "The services specified in this Article shall be paid for in accordance with the provisions of Article E, of this Award." ARTICLE K. "Regularly assigned way freight, wreck, work and construction crews who are ready for service the entire month and do not lay off of their own ac- cord will he guaranteed not less than 100 miles or ten hours for each calendar working day, exclusive of overtime. (This to include legal holidays.) If 20 through act of Providence it is impossible to per- form regular service, guarantee does not apply. "Crews may also be used in any other service to complete guarantee when for any reason regular assignment is discontinued, but such service shall be paid for at schedule rates unless the earnings from such rates would be less per day than would have been earned in regular assignment." Case 190. Without attempting to interpret the phrase "Act of Providence" with accuracy, the Board understands it to refer to interruptions of traffic from causes beyond human control, such as snow blockades, wind-storms, fires, floods, earthquakes, and the like. Questions. 1. Can or cannot excess miles over 100 per day he used to build up local freight guarantee if ruk is tied up on one or more holidays during the month? Answer: No. 2. Can or cannot regularly assigned men in local freight service, making less than monthly guarantee, be used in any class of service other than local freight to make up monthly guarantees? (a) On roads where schedules confine men to- certain classes of service? Answer: No. (5) Where there are no such schedMle regu- lations? Answer: It was the sense of this Board, in grant- ing a monthly guarantee, that the fair principle should govern that the men should work at any work of the class as usually employed, on individual railroads, to fulfil the obligations^ of the guarantee. 21 QUESTION SUBMITTED BY ORGANIZA- TIONS ONLY. Where regiilvurly assigned "pick-up and drop" crews work under same conditions and rates as local freight, was it the intention of the Board that the provisions of Article K should apply to them,; (a) Where already existing in schedule? (&) Where no guarantee provision exists? Answer: Article K does not refer to "pick-up and drop" Service. ARTICLE L. "C!onditions shall be maintained on the various roads in accordance with existing aphedules, unless modified by mutual agreement." Question. What "conditions'' are referred to in this Article? Answer: "Conditions" refer only to dead-heading. ARTICLE M. "Conductors and ti-ainmen in pool freight and in unassigned service held at other than home ter- minal will be paid continuous time fbr all time so held after the expiration of 18 hours from the time relieved from previous duty, at the rate per hour paid them for the last service performed. If held 14 hours after the expiration of the first 28 hour period, they will be paid continuous time for the next succeeding ten hours, or until the end of the 24 hour period, and similarly for each 24 hour period thereafter. Should a conductor or train- man be called for duty after pay begins, time will 22 be computed continuously. For the purpose of applying this rule the railroad company will designate a home terminal for each crew in pool freight and in unassigned service." Questions. Do or do not the provisions of. Article M be- come effective on October 1st, 1913, or are lines where there are no schedule provisions regarding home terminals entitled to a certain amount of time to designate home terminals, payment be- coming effective from such date of designation? If so, what amount of time? Answer: The stipulation provides that the Award shall become effective on October ist, 1913. Examples. 1. A crew goes on duty at a foreign terminal, and after being held 27 hours they then make a run of 100 miles in five hours, What are they entitled to on account of ha>i)ing made that trip at the rate of 20 miles per hour? Answer: Crew is entitled to pay for 100 miles and four hours' overtime. 2. A crew is called for duty at a foreign term- inal after having been held for 28 hours, and then makes a run of 100 miles in five hours. What are they entitled to? Answer : The crew having been held for a complete ten-hour period, compensation for final terminal de- lay and service trip should be paid for independently of each other. 3. A crew is dead-headed from a foreign term- inal, after being held 26 hours, to their terminal, a distance of 90 miles. What are they entitled to, [a) where dead- heading is paid for at half rates; (ft) where deadr heading is paid for at full rates? 23 Answer: Crew is entitled to eight hours' pay on account being held at away-from-home terminal, and for dead-heading in accordance with the provisions of schedule. 4. A crew arrives at a foreign terminal in through freight service; they are held there 25 hours, and are then called for a way freight train to their home terminal, a distance of 80 miles, and are on duty nine hours on such way freight, What are they entitled to? Answer: Crew is entitled to pay for minimum day and six hours' overtime at way-freight rate. 5. After being held fifty hours at a foreign ter- minal, a crew goes on duty and makes a run to their home terminal, a distance of 100 miles in five hours, What i» crew entitled to? Answer: Crew is entitled to pay for ten hours held away from home terminal at rate per hour paid them for service performed into the terminal, on account of the first 28-hour detention, plus pay for minimum day and three hours' overtime for class of service per- formed outbound. In this case second pay period began after 42 hours' detention at away-from-home terminal. 6. After being held in a foreign terminal 20 hours, a crew is ordered to deadhead home on a passenger train, a distance of 130 miles, Whut is the creto entitled to, (a) where dead- heading is paid for at half rates; (b) where dead- heading is paid for at full rates? Answer: Crew is entitled to two hours for deten- tion under held away from home terminal rule, dead- heading to be paid for in accordance with provisions of schedule. 7. A crew arrives at a foreign terminal at 1 :00 a, m., and at 6:50 p. m. is ordered to dead-head home on a passenger train, a distance of 130 miles. The train service is such that there is nothing be- tween 5:45 p. m. and' 3:00 a. m. on which this crew may return, 24 What is crew entitled to, (a) where dead-head- ing is paid for at half rates; (b) where dead-head- ing is paid for at full rates? Answer: Crew is entitled to pay for eight hours for being held at away-from-home terminal and for dead-heading in accordance with the provisions of existing schedule. Detention at away-from-home ter- minal continues until departure of train on which they dead-head. AETICLE N. "This request is denied." ARTICLE O. "The existing classifications of railroad yards in the East shall be maintained, with the right by mutual agreement between the management and the trainmen of any road to change the classifica- tion of a given yard, and the rate paid in each yard both for conductors and brakemen, shall be in- creased one cent per hour, but in no case shall it exceed the Chicago rates existing at the date of this Award. "The request that overtime be paid as time and one-half is denied. Overtime shall be paid pro rata on the basis of actual minutes. Other rules and schedule provisions to remain unchanged." ARTICLE P. "The earnings of conductors and trainmen in any class of service shall not be diminished by the provisions of this Award ; and if the rates that were higher or the conditions that were better ante- cedent to this Award are necessary to guarantee this requirement, they shall be maintained. Neither shall the earnings of a conductor, or a trainman, in any class of service, be increased above what the higher rates of pay and the conditions that were 25 better antecedent hereto guaranteed them, by a combination of the rates herein established with the conditions antecedent hereto or vice Tersa. "The Committees of the Conductors' and Train- men's organizations shall jointly decide whether they prefer the new rates and accompanying condi- tions or the old rates and accompanying conditions for each pool or set of runs, by taking up each schedule and eliminating therefrom every trip or special provision which is absorbed by this Award. Such joint selections shall be made before presen- tation of their desires to the management and shall apply alike to all trainmen in each pool^ set of runs, or assignments. "^Ori presentation of the selection thus made to the management, they shall be governed by the basis herein defined, and in the event that the man- aging officer and the committees representing the employes are unable to agree, such disputes shall be submitted to this Board, or a sub-committee thereof for final decision. Such submission shall be in writing. A statement should be agreed upon, and if not agreed upon, then the differences should be recited in detail. "It is the intention of this Article to assure to the men the option between what they now have as an entirety and the standard pay and condi- tions specified by this Award, and every clause must be interpreted in harmony with this purpose." Questions. In which of four ways can men exercise option; (a) All members of crew together? (b) All conductors in the pool, set of runs or assignments? All trainmen other than conductors, in the pool, set of runs or assignments? (c) Eojch occupation in the pool, set of runs or assignment? (d) Each individual? 26 / Answer: The men can exercise option by each oc- cupation in the pool, set of runs or assignment; that is to say, separately as conductors, baggagemen, flag- men and brakemen. CASES. In undertaking to arbitrate the rates of pay for forty-one railro3ds simultaneously in the Eastern terri- tory, many complications are necessarily met with, which make it difficult, if not impossible, to reconcile the differences and adjust the intricacies of the differ- ent schedules. In order to facilitate the application of Article P, as awarded, the prevailing opinion of the Board is that the word "entirety" in the last paragraph of this Article so far as it concerns "conditions", has reference only to such rules or regulations in existing schedules as cor- respond with those arbitrated. The Board did not undertake to deal with allowances made by some of the railroads in their schedules for extra and incidental services, such as doubling hills, terminal and intermediate switching, turning engines, putting up coal and the like; therefore, such allow- ances remain in effect. On roads which have the following rule in passenger service, either verbatim or substantially : "ten hours or less to constitute a day's work, all over ten hours to be paid as overtime", such members of a pool, set of runs or assignment, whose regularly assigned day is ten hours or less, may take the awarded rates and conditions ; while those whose regularly assigned runs exceed ten hours may keep their present rates and conditions ; it being understood that any change in the permanent assignment not made with the consent of the men, which affects the men on such assigned runs, shall reopen the option for the men concerned. (Messrs. Sheppard and Cease dissent.) Cases 2, 10, 12, 16, 17, 20, 21 {1st pa/ragraph) 131, 132, 149, 153, 162. Answer: Prevailing opinion; these cases are to be settled under the provisions of Article P. (Messrs, Sheppard and Cease dissent as to interpretation of Article P.) 27 Cases 118, 120, 139 and 140.. Answer: Prevailing opinion; these cases are to be settled under the provisions of Article P. (Messrs. Sheppard and Cease dissent as to interpretation of Article P.) Cases 129 and 130, 147, 15§. Answer: Prevailing opinion; these cases are to be settled under the provisions of Article P. (Messrs. Sheppard and Cease dissent ^s to interpretation of Article P.) Case 151. Answer: Prevailing opinion; in the judgment of the Board, Case 151 falls under Article P. (Messrs. Sheppard and Cease dissent as to interpretation of Article P.) AKTICLE Q. "Nothing in these proposals will be construed to change existing schedules or agreements, except as they are herein specifically amended." (Signed) SETH LOW, Chairman. (Signed) JOHN H. FINLEY, (Signed) A. H. SMITH, (Signed) JNO. G. WALBEE, (Signed) L. E. SHEPPARD, (Signed) D. L. CEASE. Attest : F. W ALLEI^, Acting Secretary. 28 STATEMENT AS TO ARTICLE P. By the Intermediate Arbitrators. When this Board was reconvened for the purpose of ruling on the meaning and application of its Award, about 100 cases, out of 134 in all; submitted to the Board, turned upon the iriterpretation of Article P. When the attempt was made to apply Article P., as written, to the varying conditions thus presented, it became apparent tliat the Award, literally interpreted, could not be reconciled with the statement on page 33 of the Report which ac- companied the Award, reading: "This Board has endeavored to define the meaning of these Articles , (D. P. & Q.) more clearly, so as to avoid some of the misunderstandings that in the past have grown up under them; but this Board has not attempted to change their meaning as established in previous arbitrations." The interpretation of Article P, agreed upon by a majority of the Board, the representatives of the employes not concurring, has removed fropa the field of controversy most of these cases. Some of the remaining cases turn on general rules such as the "10 hour day" rule in New England. Owing to the highly technical character of the ques- tions involved, the intermediate Arbitrators failed to appreciate, when joining in the Award, that gen- eral regulations such as this, applying to all runs and to all the men on a road, were inyolved in, the option contained in Article P. Were they free to do so they would prefer to give the Article at this time the significance which they intended it tq have, namely, that it should apply only to anomalous runs. The question of their right to do this under the terms of the law was submitted, with the consent of this Board, to the Honorable Alton B. Parker, who advised that it is 29 not now within tlie power of the Board to make this ruling. This being the case, the intermediate Arbitrators hope that the fact of this difference between the Award as made and the Award as understood by them will be taken into consideration both by the Kailroads and the men in applying the Award. April 9th, 1914. (Signed) SETH LOW, (Signed) JOHN H. FINLEY, 14368 3 1924 078 725 813