CORNELL UNIVERSITY LIBRARY 3 1924 078 705 930 THE MARTIN P. CATHERWOOD LIBRARY OF THE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924078705930 0t37 i "US' RULINGS AS TO MEANING OR APPLICATION OF THE AWARD. IN THE MATTER OF THE ARBITRATION BETWEEN THE WESTERN RAILROADS AND BROTHERHOOD OF LOCO- MOTIVE ENGINEERS, and BROTHERHOOD OF LOCOMO- TIVE FIREMEN AND ENGINEMEN, Submitted to Arbitration, Under the Provisions of the Act of Congress, Approved July 15, 1913, by Agreement Dated August 3, 1914. An Award having been made in the above entitled pro- ceeding by the Board of Arbitration, which Award was dated and filed with the Clerk of the United States District Court at Chicago, Illinois, April 30, 1915, and parties to said Arbitration having developed certain difference of opinion as to the meaning or application of the Award and having submitted to the United States Board of Mediation and Conciliation certain questions, together with certain other questions which were submitted to the Board while in session, involving the meaning or applica- tion of the Award, and having requested that the said Board of Arbitration be reconvened under the provisions of Section six (6) of the Act of Congress approved July 15, 1913, and Section ten (10) of the Arbitration Agreement, dated August 3, 1914, to pass upon the same, the Board met in Chicago, Illinois, August 17, 1915, and after having considered the questions in- volved in this controversy decides the same as follows: Property of MARTIN P. CATHERWOOD LIBRARY NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS Cornell University 2 ARTICLE I— BASIS OF DAY AND OVERTIME. Passenger Service. The minimum passenger rate for Engineers shall be $4.30, and for Firemen $2.50, one hundred (100) miles, or less, six (6) hours and forty (40) minutes or less, shall constitute a minimum day's work in all classes of Passenger Service except as otherwise speci- fied herein; miles made in excess of one hundred (100) pro rata. On short turnaround runs, no single trip of which exceeds eighty (80) miles, including Suburban Service, overtime shall be paid for all time actually on duty or held for duty in excess of eight (8) hours (computed on each run from the time required to report for duty to end of that run) within twelve (12) consecutive hours; and also for all time in excess of twelve (12) consecutive hours computed continuously from the time first required to report to final release at end of last run. Time shall be counted as continuous service in all cases where the interval of release from duty at any point does not exceed one hour. All other passenger overtime shall be computed on the basis of fifteen (15) miles per hour from the time required to report for duty until released, and sepa- rately for each part of a round trip run. All passenger overtime will be paid for at the rate of seventy-five (75) cents per hour for Engineers and forty-five (45) cents for Firemen, and will be computed on the minute basis. When employes of any road elect to retain their present overtime basis, no part of this Article is to be used in computing or paying passenger overtime. Freight Service. The minimum freight rate for Engineers and Fire- men shall be according to class of locomotive, as pro- vided in Article II, for ten (10) hours, or less, or one hundred (100) miles, or less; miles made in excess of one hundred (100) pro rata. Overtime in Freight Service is to be computed on the basis of ten (10) miles per hour, and paid pro rata on the minute basis. General. Road Engineers and Firemen required to perform a combination of more than one class of road service during the same trip will be paid at the rate and accord- ing to the rules governing each class of service for the time or miles engaged in each, but will be paid for the entire trip not less than a minimum day at the highest rate applying for any class of service performed during such trip. Where two or more engines of different weights on drivers are used during a trip or day's work, the high- est rate applicable to any engine used should be paid for the entire day or trip. QUESTIONS UNDER ARTICLE I. Passenger Service. Question 1: May the Engineers or Firemen elect to accept Paragraph No. 1 and reject the remainder of this Section? Question 2: May they elect to accept Paragraph 2 and re- ject the remainder of this Section? Question 3: May they elect to accept Paragraph No. 3 and reject the remainder of this Section? Answer to Questions 1, 2 and 3: It is the judgment of the Board that the Engineers or Firemen may elect to accept Para- graph 1, provided they accept Paragraphs 3 and 4 in conjunc- tion with it; — they may also accept Paragraph 2 alone or they may accept Paragraph 2 in conjunction with Paragraph 4. Question 4: May they elect to accept Paragraph No. 4 and reject the remainder of this Section? Answer: No. Question 5: May they elect to accept Paragraph No. 5 and reject the remainder of this Section? Answer: Question No. 5 is excluded on the ground that it is irrelevant and immaterial. Question 6: May the men reject the rate of pay in Para- graph No. 1 and accept the remainder of the paragraph? Answer: Yes. Question 7: May the men accept Paragraph No. 2 and except suburban service therefrom? Answer: No. Question 8: Does the phrase, "single trip," in Paragraph No. 2, refer to a straightaway trip or to a turn-around trip? Answer: Straightaway. Question 9: Does the second Paragraph of this Article pertain to anything except Passenger Service? Answer: No. Question 10: Does the second Paragraph apply to Branches which are now on a monthly basis? Answer: Yes; if awarded rates are accepted. Question 11: May the men retain present overtime rates and rules and take the minute basis and apply same to their schedules? Answer: Yes; it being understood that the question means that in computing overtime actual minutes will be counted. Question 12: Will the application of Article No. I, both Freight and Passenger Service, eliminate the calendar day and place the men on a trip basis? Answer: The application of Article I, both Freight and Passenger Service, eliminates the calendar day. Question 13: May the final terminal delay rule now in effect on a ten-hour road be retained if the men elect to accept Paragraph No. 1? Answer: Yes. f Question 14: May the initial terminal delay rule now in effect on a ten-hour road be retained if the men elect to accept Paragraph No. 1? Answer: Yes. Question 15: Under Paragraph No. 2, may the Company hold the Fireman to watch the engine, at points where they have one hour or more dead time, and release the Engineer? Answer: It is the judgment of the Board that this question does not come within the scope of the Award and should be adjusted in accordance with the rules and practices in individual schedules on the various roads. Question 16: May the men retain present method of figur- ing compensation on through passenger runs and accept Para- graph No. 2 and the 75-cent and 45-cent rate for overtime? Answer: The answer to the above question is covered in the answer to Questions 1, 2 and 3. Question 17: On a road where passenger overtime is fig- ured on a basis of 20 miles per hour and paid pro rata at ten miles per hour, may the men compute overtime on short turn- around runs under the eight and twelve-hour rule and retain 20 miles an hour basis and pro rata rate of pay? Answer: Answer to Questions 1, 2 and 3 covers this. Question 18: What is a turn-around trip under Paragraph No. 2? Answer: The Award applies to any passenger run, regular or irregular, including suburban service, no "single trip" of which exceeds eighty (80) miles. Question 19: On a road which computes overtime after schedule speed of train, may the men retain such rule and accept the 75-cent and 45-cent overtime rate per hour? Answer: No. Question 20: Does the turn-around rule (Paragraph No. 2) prohibit the railroads from making a turn-around out of runs, the single of which exceeds 80 miles? Answer: The company may operate runs as "turn- arounds," the single trip of which is more than eighty (80) miles and less than one hundred (100) miles, on the basis of actual miles run. Overtime on such runs to be based on a speed of fifteen (15) miles per hour, computed from time required to report for duty at starting point until relieved at end of round trip; this to include time at turn-around point. If crew is released from duty at turn-around point, they will be paid on the basis of single trips, with a minimum of one hundred (100) miles for each; overtime after six hours and forty minutes on duty. Terminal delay will not be paid for at turn-around point unless such allowances are paid under existing schedules. Turn-around runs will be definitely specified by Company. Question 21: May a road retain a ten or twelve-hour de- parture rule and accept the 75-cent rate for passenger overtime ? Answer: Yes, provided the average speed of train is fifteen miles per hour, or less. Question 22: On a road having both an eight and ten-hour basis for computing time and the men elect to accept the ten- hour basis as awarded, over their eight-hour territory, would they be permitted, under the Award, to spread their present ten-hour rates over the entire system? Answer: Yes, provided such an arrangement can be mu- tually agreed upon between the Railroad Company and the men. Question 23: May the men accept mileage basis in passen- ger and retain the hour basis in freight ? Answer: Under Paragraph two of "General Regulations," Page 23 of the Award, the men are privileged to retain their present rule and accept any daily rate that may be awarded. Freight Service. Question 24: Does Paragraph No. 2 refer to road overtime only, or does it also apply to terminal overtime, when such time is already provided for? Answer: Paragraph No. 2 under "Freight Service" refers to road overtime. General. Question 25: May the men reject the first Paragraph of this rule, and accept the last Paragraph? Answer: Yes, with the understanding that this question refers to cases where two engines of different weights on drivers are used during same trip. Passenger Service. Question 26: Does Paragraph No. 2 apply to assigned serv- ice or to unassigned service, or both 1 Answer: The Award applies to any passenger run, regular or irregular, including suburban service, no single trip of which exceeds eighty (80) miles. EXAMPLES SUBMITTED BY THE SUB-COMMITTEE. Examples: Paragraph No. 2. Question 27: Eeport for duty at A at 5 :00 A. M. Leave A at 5 :30 A. M. Arrive at Bat 6:30 A.M. Distance from A to B is 20 miles. Leave B at 6 :45 A. M. Arrive at A at 7 :45 A. M. Leave A at 8:00 A. M. Arrive at B at 9:00 A. M. Leave B at 9:15 A. M. Arrive at A at 10:15 A. M. Eeleased at A at 10:30 A. M. Eeport for duty at A at 4:00 P. M. Leave A at 4:30 P. M. Arrive at B at 5:30 P. M. Leave B at 5:45 P. M. Arrive at A at 6:00 P.M. . Eeleased at A at 7:00 P. M. 8 Please state allowance for the day. Answer: Crew would be entitled to one hundred twenty (120) miles and two (2) hours' overtime. (See footnote, page 13.) Question 28: Eeport for duty at A at 5:00 A. M. Leave A at 5 :30 A. M. Arrive at B at 6:45 A. M. Distance from A to B is 30 miles. Leave B at 7:35 A. M. Arrive at A at 8:35 A. M. Released at A at 8:45 A. M. Report for duty at A at 10:00 A. M. Leave A at 10 :30 A.M. Arrive at B at 11:45 A. M. Leave B at 12:30 P.M. Arrive at A at 1 :45 P. M. Released at A at 2:00 P. M. Report for duty at A at 3 :30 P. M. Leave A at 4:00 P.M. Arrive at Bat 5 :15 P.M. Released at B at 5:30 P. M. Report for duty at B at 7:30 P. M. Leave B at 7:45 P. M. Arrive at A at 9:00 P.M. Released at A at 9:15 P. M. Please state allowance for the day. Answer: Crew would be entitled to one hundred eighty (180) miles and five (5) hours, thirty (30) minutes' overtime. (See footnote, page 13.) Question 29: Report for duty at 6:00 A. M. Leave A at 6 :30 A. M. Arrive at B at 7:30 A. M. Distance from A to B is 25 miles. Remain on engine at B from 7:30 A. M. until 10:30 A. M. Leave Bat 10:30 A.M. Arrive at A at 11:30 A. M. Released at A at 12 o'clock noon. 9 Report for duty at A at 1:30 P. M. Leave A at 2:00 P. M. Arrive at B at 3:00 P. M. Remain on engine at B from 3:00 P. M. until 4:30 P. M. Leave B at 4:30 P. M. Arrive at A at 5 :30 P. M. Released at A at 6:00 P. M. Please state allowance. Answer: Crew would be entitled to one hundred (100) miles and two (2) hours, thirty (30) minutes' overtime. (See footnote, page 13.) Question 29 (a) : Under above example, if crew had been released at B on both trips, please state allowance. Answer: If crew was released at B each time, they would be entitled to 100 miles. (See footnote, page 13.) Question 29 (b): Under above example, if the distance from A to B were thirty miles, please state allowance if held on duty at B. Answer: Under the above example, if the distance from A to B were thirty (30) miles, crew would be entitled to one hun- dred twenty (120) miles and two (2) hours, thirty (30) minutes' overtime. (See footnote, page 13.) Question 29 (c) : Also state allowance if released from duty atB. Answer: If released from duty at B each time, with the distance of thirty (30) miles from A to B, crew would be entitled to one hundred twenty (120) miles. (See footnote, page 13.) Question 30: Report for duty at A at 8:00 A. M. Leave A at 8:30 A. M. on a passenger train. Arrive at B at 9:30 A. M. Distance from A to B is 32 miles. Leave B at 9 :45 A. M. on a freight run. Arrive at A at 11 :45 A. M. Released at A at 12 o'clock noon. Report for duty at 1:30 P. M. 10 Leave A at 2:00 P. M. on a freight train. Arrive at Bat 3:30 P. M. Eeleased at B at 3:45 P. M. Report for duty at B at 5:00 P. M. Leave B at 5 :30 P. M. on a passenger train. Arrive at A at 6:30 P.M. Please state how this time would be paid under Article No. 1. Answer: While the language of the Award does not clearly provide for this class of service, it was the intention of the Board that, if more than one class of road service was performed, Para- graph 1, under caption "General," Article I, would apply. Question 31: Eeportat A at 4:00 A. M. Leave A at 4:30 A. M. Arrive at B at 5:30 A. M. Distance from A to B is 40 miles. Leave B at 6:25 A. M. Arrive at A at 7:25 A. M. Released at A at 7:45 A. M. Report for duty at A at 4:00 P. M. Leave A at 4:30 P.M. Arrive at Bat 5 :30 P.M. Released at B at 5 :45 P. M. Report for duty at B at 7:45 P. M. Leave B at 8:00 P.M. Arrive at A at 9 :00 P.M. Released at A at 9:15 P. M. Please state allowance. Answer: Crew would be entitled to one hundred sixty (160) miles and five (5) hours and fifteen (15) minutes' overtime. (See footnote, page 13.) Question 32: Report for duty at A at 6:30 A. M. Leave A at 7 :00 A.M. Arrive at B at 8:30 A. M. Switch at B from 8:45 A. M. until 11:45 A. M. Released at B at 11:45 A. M. until 2:45 P. M. Report at B for duty at 2:45 P. M. 11 Leave B at 3:00 P. M. Arrive at A at 4:30 P. M. Released at A at 5:00 P. M. Distance from A to B is 47 miles. Please state allowance under Article No. 1, Paragraph No. 2. Answer: Paragraph 2, Article 1, of the Award, governs for road service portion of this example. Provisions of different schedules will govern question of payment for switching at inter- mediate or terminal point. Question 33: Report for duty at A at 8:00 A. M. Leave A at 8:30 A. M. Arrive at B at 9:00 A. M. Distance from A to B is 12 miles. Leave Bat 9:50 A. M. Arrive at A at 10:20 A. M. Released at A at 10:35 A. M. Report for duty at A at 8:00 P. M. Leave A at 8:30 P. M. Arrive at B at 9:00 P. M. Leave B at 9:15 P. M. Arrive at A at 9:45 P. M. Released at A at 10:00 P. M. Please state allowance. Answer: Crew would be entitled to one hundred (100) miles and two (2) hours' overtime. (See footnote, page 13.) Question 34: Report for duty at A at 6 :00 P. M. Leave A at 6:30 P.M. Arrive at Bat 8:15 P.M. Distance from A to B is 34 miles. Released at B from 8:30 P. M. until 9:25 P. M. Leave B at 9:45 P. M. Light engine. Arrive at A at 11 :50 P. M. Held on duty at A. Leave A at 4:30 A. M. Light engine. Arrive at B at 5:45 A. M. 12 Leave Bat 6:00 A. M. Arrive at A at 7:30 A. M. Eeleased at' A at 7:45 A. M. Please state allowance. Answer: While the language of the Award does not clearly provide for this class of service, it was the intention of the Board that, if more than one class of road service was performed, Para- graph 1, under caption "General," Article I, would apply. Question 35: Report for duty at A at 6:30 A. M. Leave A at 7:00 A. M. Passenger train. .Arrive at B at 8:15 A. M. Distance from A to B is 22 miles. Released at B at 8:45 A. M. Report for duty at B at 9:40 A. M. Wrecking service. Leave Bat 9:50 A. M. Arrive at C at 10:50 A. M. Distance from B to C is 56 miles. Wrecking from 10:50 A. M. to 6:30 P. M. Leave Cat 6:40 P.M. Arrive at B at 8:40 P. M. Leave B at 8:55 P. M. Passenger train. Arrive at A at 10:10 P. M. Released at A at 10:30 P. M. Please state allowance. Answer: While the language of the Award does not clearly provide for this class of service, it was the intention of the Board that, if more than one class of road service was performed, Para- graph 1, under caption "General," Article I, would apply. Question 36: Report at A at 11 :50 A. M. Leave A at 12:20 P.M. Arrive at Bat 1:30 P.M. Released at B from 1:45 P. M. until 10:30 P. M. Report for duty at B at 10:30 P. M. Leave Bat 11 :30 P.M. Arrive at A at 1:10 A. M. 13 Released at A at 1:45 A. M. Distance from A to B is 27 miles. Report for duty at A at 6:30 A. M. Leave A at 6:30 A. M. Arrive at Bat 7 :00 A.M. Distance from A to B is 15 miles. Leave B at 7:15 A. M. Arrive at A at 7:45 A. M. Leave A at 8:00 A.M. Arrive at E at 9:30 A. M. Distance from A to E is 45 miles. Released at E at 9:45 A. M. Report for duty at E at 4:45 P. M. Leave Eat 5 :00 P.M. Arrive at C at 6:10 P. M. Distance E to C is 20 miles. Released at C at 6:20 P. M. Report for duty at 8:00 P. M. Leave C at 8:25 P. M. Arrive at A at 9:00 P. M. Relieved at A at 9:30 P. M. Please state allowance. Answer: Crew would be entitled to one hundred seventy- four (174) miles and twenty-one (21) hours and forty (40) min- utes' overtime. (See footnote) Question 37: Report for duty at A at 6:00 A. M. Leave A at 6:30 A. M. Way freight. Arrive at B at 10:30 A. M. Distance from A to B is 22 miles. Released at B at 10:45 A. M. Report for duty at B at 1:00 P. M. Leave B at 1:25 P. M. Passenger train. Arrive at Gat 3:25 P.M. Distance B to Gr is 35 miles. NOTE: This Board adopted Paragraph 2, of Article I, Passenger Service, from the Eastern Engineers' and -Firemen's Award, with the interpretations and applications that had theretofore been placed upon same. Therefore, under these interpretations, the answers to the Examples cited under Questions 27, 28, 20, 29 (a), 29 (b), 29 (c), 31, 33 and 36 are correct. 14 Leave G at 3 :45 P. M. Passenger train. Arrive at Bat 5 :45 P.M. Eeleased at B at 5:55 P. M. Eeport for duty at B at 7 :00 P. M. Leave B at 7 :30 P. M. Way freight. Arrive at A at 9 :30 P. M. Eeleased at A at 9:45 P. M. Please state allowance. Answer: While the language of the Award does not clearly provide for this class of service, it was the intention of the Board that, if more than one class of road service was performed, Para- graph 1, under caption "General," Article I, would apply. Question 38: Eeport for duty at A at 1:30 P. M. Leave A at 1:45 P. M. Arrive at G at 5 :45 P. M. Distance from A to G is 90 miles. Leave Gat 6:00 P.M. Arrive at F at 8:30 P. M. Distance from G to F is 36 miles. Eeleased at F at 8:45 P. M. Eeport for duty at F at 6:30 A. M. Leave Fat 6 :50 A.M. Arrive at G at 8:50 A. M. Eeleased at G at 9:00 A. M. Eeport for duty at 1 :45 P. M. Leave Gat 2:00 P.M. Arrive at A at 6 :00 P. M. Please state allowance. Answer: The crew would be entitled to one hundred twenty-six (126) miles from A to F, at which point they were released. When crew reported for duty at F at 6:30 A. M. the following morning, it would be considered beginning a new day, with the understanding that Article I, as to Passenger Service, was accepted, and is, therefore, applicable; overtime would be computed separately for each part of the run, as per paragraph 3 of Article I. 15 Question 39: Report for duty at A at 6 :00 A. M. Leave A at 6 :30 A. M. Dead Freight. Arrive at D at 10:30 A. M. Distance A to D is 56 miles. D is a junction point on the main line and is the ter- minal for a branch line. There is an extra list maintained at D for this branch line and a great deal of stock business is turned over to the main line at this point. Released at D at 10 :50 A. M. Report for duty at D at 6 :00 P. M. Leave D at 6 -.45 P. M. Stock train. Arrive at A at 9 :45 P. M. Released at A at 10 :00 P. M. Please state allowance. "While tied up at D, waiting for stock, as indicated in above example, several other trains are run through that point, in Dead Freight Service, in both directions. Please state effect on crew tied up, as to compensation, if any. ' ' Answer: The Award does not make any provision for serv- ice indicated in above example. Rules and practices in different schedules will govern. Question 40: Report for duty at A at 4 :00 A. M. Leave A at 4 :30 A. M. Dead Freight. Arrive at D at 7 -.30 A. M. Distance A to D is 51 miles. Leave D at 8 :15 A. M. Arrive at A at 11 :45 A. M. Not released at A. Leave A at 12 :15 P. M. Wrecking service. Arrive at C at 1 :00 P. M. Leave C at 1 :15 P. M. Arrive at A at 2 :30 P. M. Distance A to C is 40 miles. Please state allowance. Answer: While the language of the Award does not clearly provide for this class of service, it was the intention of the Board 16 that, if more than one class of road service was performed, Para- graph 1, under caption "General," Article I, would apply. Question 41: Report for duty at A at 10 :30 P. M. Leave A at 11 :00 P. M. Dead Freight. Arrive at G at 11 :30 A.' M. Distance from A to G is 100 miles. Not released, although Gr is a terminal. Leave G at 11 :45 A. M. Time Freight. Arrive at D at 12 :30 P. M. Distance from G to D is 45 miles. Released at D at 12 :45 P. M. Please state allowance. Answer: The Board declined to provide a general rule cov- ering questions of this nature; therefore, rules and practices in different schedules must govern. Question 42: Report for duty at A at 3 :00 A. M. Leave A at 3 :30 A. M. Time Freight. Arrive at D at 7 :30 A. M. Distance from A to D is 89 miles. Released at D at 7 :45 A. M. t Report for duty at D at 4 :30 P. M. Leave D at 5 :00 P. M. Dead Freight. Arrive at A at 5 :00 A. M. A and D are both main line terminals. Please state allowance. Answer: This crew was released at D, a terminal,- and is, therefore, entitled to hours or mileage, whichever is the greater, for that part of the run, with a minimum of 100 miles. On the return trip, having been released, they start a new day and will be paid miles or hours, whichever is the greater, with a minimum of 100 miles. Question 43: Report for duty at A at 6 :00 A. M. Leave A at 6 :30 A. M. Way Freight. 17 Arrive at B at 11 :30 A. M. Distance fom A to B is 24 miles. Beleased at B at 11 :45 A. M. Report for duty at B at 1:30 P. M. Leave B at 1 :45 P. M. Passenger Service. Arrive at A at 2 :15 P. M. Released at A at 2 :30 P. M. Report for duty at A at 4:00 P. M. Arrive at B at 5 :00 P. M. Passenger Service. Leave B at 5 :30 P. M. Way Freight. Arrive at A at 7 :30 P. M. Released at A at 7 :50 P. M. Please state allowance. Answer: While the language of the Award does not clearly provide for this class of service, it was the intention of the Board that, if more than one class of road service was performed, Para- graph 1, under caption "General," Article I, would apply. Question 44: Report for duty at A at 4:30 A. M. Leave A at 5 :00 A. M. Dead Freight. Arrive at F at 11 :30 A. M. Arrive at A at 7 :35 P. M. Distance A to F is 98 miles. Not released at F, although a terminal. Leave F at 12 :10 P. M. Run around another crew at F with rest up. Released at A at 7 :50 P. M. Please state allowance. Answer: The Board declined to provide a general rule cov- ering questions of this nature; therefore, rules and practices in different schedules must govern. Question 45: Report for duty at A at 5 :30 A. M. Leave A at 6 :00 A. M. Work train service. Arrive back at A at 8 :00 A. M. Miles made, 24. Leave A at 8 :30 A. M. Arrive at D at 10 :50 A. M. 18 Leave D at 10 :55 A. M. Return to A, arriving at 12 :50 P. M. Miles run, 42. Leave A at 1 :30 P. M. Work between A and B until 4 :30 P. M. Arriving at A at 5 :00 P. M. Miles run, 12. Released at A at 5 :30 P. M. Please state allowance with regard to runaround at ter- minal. Work train rules same as Through Freight. Answer: The regulations pertaining to work train service were not submitted to the Board beyond the rate of pay. There- fore, present work train rules in individual schedules remain in effect with awarded rates. GENERAL Question 46: Report for duty at A at 4 :45 A. M. Leave A at 5 :15 A. M. Way Freight. Arrive at D at 4 :30 P. M. Distance A to D is 50 miles. Leave D at 4 :45 P. M. Through Freight. Arrive at G at 7 :30 P. M. Distance from D to G is 50 miles. Used same engine all day. Answer: Crew will be entitled to hours on Way Freight and miles and on Through Freight under Article I, "General," the question of release at terminal being governed by rules in individual schedules. Question 47: Report for duty at A at 7 :00 A. M. Leave A at 7 :30 A. M. Way Freight. Arrive at D at 11 :30 A. M. Distance from A to D is 35 miles. Released at D at 11 :45 A. M. Report for duty at D at 1 :45 P. M. Leave D at 2 :00 P. M. Passenger Service. Arrive at A at 4:00 P. M. Leave A at 4 :40 P. M. Passenger Service. Arrive at D at 6 :30 P. M. 19 Leave D at 6 :45 P. M. Through Freight. Arrive at A at 9 :45 P. M. Released at A at 10 :15 P. M. Please state allowance under following circumstances: A is a junction point on the main line and the terminal of a branch that ends at D. Work is all done on the branch, where there is but this one crew assigned. State allowance under "General." Answer: While the language of the Award does not clearly provide for this class of service, it was the intention of the Board that, if more than one class of road service was performed, Para- graph 1, under caption "General," Article I, would apply. Question 48: Eeport for duty at A at 6 :30 A. M. Switch at A from 7 :00 A. M. until 11 :30 A. M. Leave A at 11 :40 A. M. Arrive at B at 12 :40 P. M. Distance A to B is 12 miles. Switch at B from 12 :40 P. M. until 5 :00 P. M. Leave B at 5 :00 P. M. Arrive at A at 5 :50 P. M. Switch at A until 6 :30 P. M. Released at A at 6 :45 P. M. Please state under first Paragraph of "General" what al- lowance would be in each class of service. Answer: The Board holds that the Award does not cover service of this kind, except as to payment of a minimum day's pay, the rate to be determined by provisions of individual sched- ules applicable to such service. Question 49: Report for duty at A at 6 :00 A. M. Leave A at 6:30 A. M. Passenger Service. Arrive at B at 7 :45 A. M. Distance A to B is 43 miles. Engine breaks down. Leave B at 1 :15 P. M. Detained in taking down engine. Arrive at terminal C at 5 :15 P. M. Running extra with light engine. 20 Distance from B to C is 65 miles. Please state allowance under head of "General." Answer: While the language of the Award does not clearly provide for this class of service, it was the intention of the Board that, if more than one class of road service was performed, Para- graph 1, under caption "General," Article I, would apply. Question 50: Report for duty at A at 4 :45 A. M. Leave A at 5 :15 A. M. Through Freight. Arrive at D at 11 :15 A. M. Distance from A to D is 20 miles. Leave D at 11 :50 A. M. Passenger Service. D is not a terminal. Arrive at terminal C at 2 :30 P. M. Distance from D to C is 100 miles. Eeleased at C at 2 :45 P. M. Please state allowance. Answer: The Board decides in this case the payment should be made under Paragraph 1, under caption "General" of Article I. Question 51: Report for duty at A at 5 :30 A. M. Leave A at 6 :15 A. M. "Way Freight. Engine carrying maximum freight rate. Arrive at D at 12 :15 P. M. Distance from A to D is 40 miles. Leave D (which is not a terminal) at 12 :45 P. M." Pas-, senger Service. Engine carrying minimum passenger rate. Arrive at C (terminal) at 4:45 P. M. Distance from D to C is 100 miles. Released at G at 5 :00 P. M. Please state allowance under second Paragraph of "General." Answer: The Board decides in this case the payment should be made under Paragraph 1, under caption "General" of Article I. I 21 Question 52: Beport for duty at A at 11 :45 A. M. Leave A at 12 -.15 P. M. Through Freight. Arrive at B at 1 :30 P. M. Distance, 24 miles. Engine weighing 78,000 lbs. on drivers. Change engines and get Mallet weighing 275,000 lbs. on drivers. Leave B at 1 :45 P. M. Arrive at D at 4 :45 P. M. Distance from B to D is 3,0 miles. Change engines and trains, getting engine weighing 125,000 lbs. on drivers. Leave D at 5 :00 P. M. Passenger Service. Arrive at G (terminal) at 5 :55 P. M. Distance from D to Gr is 28 miles. Please state allowance. Less than 100 miles run. Answer: The Board decides: With the understanding that the rule "General" in awarded Article I is accepted, the crew would be entitled to a minimum of one hundred (100) miles for this service at the rate applicable to Mallet engine weighing 275,- 000 lbs. on drivers, as per rule "General' ' under Article I, for the reason that less than one hundred (100) miles were made on the entire trip. Under the Award a minimum day is guaranteed at the highest rate per class of engine. ARTICLE II— RATES OF PAY. PASSENGER SERVICE. The minimum rates of wages per day shall be: Engi- Firemen neers Coal Oil Engines less than 80,000 lbs. on drivers $4.30 $2.50 $2.50 Engines 80,000 lbs. and less than 100,000 lbs. on drivers 4.30 2.55 2.50 Engines 100,000 lbs. and less than 140,000 lbs. on drivers 4.40 2.60 2.50 22 Engines 140,000 lbs. and less than 170,000 lbs. on drivers 4.40 2.70 2.55 Engines 170,000 lbs. and less than 200,000 lbs. on drivers 4.45 2.85 2.70 Engines 200,000 lbs. and less than 250,000 lbs. on drivers 4.45 3.00 2.85 Engines 250,000 lbs. and less than 300,000 lbs. on drivers 4.65 3.20 3.05 Engines 300,000 lbs. and less than 350,000 lbs. on drivers 4.80 3.40 3.25 Engines 350,000 lbs. and over on drivers 4.80 3.60 3.45 Mallet engines regardless of weights on drivers 5.00 4.00 3.85 FREIGHT SERVICE. The minimum rates of wages per day shall be: Engi- Firemen neers Coal Oil Engines less than 80,000 lbs. on drivers $4.75 $2.75 $2.75 Engines 80,000 lbs. and less than 100,000 lbs. on drivers 4.80 2.85 2.75 Engines 100,000 lbs. and less than 140,000 lbs. on drivers 4.85 3.00 2.85 Engines 140,000 lbs. and less than 170,000 lbs. on drivers 5.10 3.20 3.05 Engines 170,000 lbs. and less than 200,000 lbs. on drivers 5.30 3.45 3.30 Engines 200,000 lbs. and less than 250,000 lbs. on drivers 5.45 3.70 *3.55 Engines 250,000 lbs. and less than 300,000 lbs. on drivers 5.60 3.80 3.80 Engines 300,000 lbs. and over on drivers 5.75 4.00 4.00 Mallet engines less than 275,000 lbs. on drivers 6.00 4.00 4.00 Mallet engines 275,000 lbs. and over on drivers 6.50 4.25 4.25 *Oil differential not to apply on engines weighing over 215,- 000 lbs. on drivers. 23 Existing rates of pay per day that are higher than the above minima are hereby awarded. WORK, WRECK, PUSHER OR HELPER, MINE RUNS, CIRCUS TRAINS, AND TRAINS ESTABLISHED FOR THE EXCLUSIVE PURPOSE OF HANDLING MILK. Through Freight Rates will apply on all work, wreck, pusher or helper, mine runs, circus trains, and to trains established for the exclusive purpose of handling milk; all according to class of engines; overtime to be computed on minute basis. Through Freight Rules in this award as to mileage and overtime to apply. BELT LINE OR TRANSFER SERVICE. The Board recognized that in Belt Line or Transfer Service the grade of work is clearly different from ordinary switching service, and may, therefore, properly be entitled to higher rate of pay; but the information before the Board shows that conditions over the Western territory vary so widely in this service that they are unable to reach an agreement regarding a fair rate for such service. The Board, therefore, refers the question of Belt Line or Transfer Service back to the Engineers and Firemen and the management of the different roads for local settlements, which shall take into consideration the difference between Belt Line or Transfer Service and Switching Service, in fixing the rates of pay. GRADES OF 1.8% AND OVER. The territory in which there exists a differential in rates of pay by reason of gradients has been long established, and we make no change in respect thereto. On railroads where a differential in the rates of pay for Engineers and Firemen are allowed under schedules in effect October 10, 1913, on account of grades or mountain service, either by excess rates or constructive mileage, such differential shall be maintained in addition to the rates granted by this Award. NARROW-GAUGE LOCOMOTIVES. This request is declined. 24 ELECTRIC LOCOMOTIVES, ELECTRIC EITHER MULTI- PLE UNIT OR SINGLE. GASOLINE OR OTHER SERVICE. Wherever electric service is installed as a substitute for steam, or is now in operation on any of the railroads parties to this Arbitration, or on any of the tracks operated or controlled by any of them as part of their system, the Locomotive Engineers and Firemen shall have the preference for the positions of Engi- neers, or Motormen, or Helpers on electric locomotives or multi- ple unit trains; but this right of the Engineers and Firemen shall not operate to displace any man operating electric power on any of the railroads parties to this Arbitration, on May 1, 1915. Since the use of electric locomotives or multiple unit trains upon steam railways is in so early a stage of development, and there is as yet no approximation of stable conditions, but a wide variation in existing practices, the Board find themselves unable, from the evidence before them, to make any uniform rules regu- lating rates of pay and conditions of service for Engineers, or Motormen, or Helpers employed in such trains. The minimum day's wage of $4.30 for Engineers or Motormen, and $2.50 for Helpers in Passenger Service, and $4.75 for Engineers or Motor- men, and $2.75 for Helpers in Freight Service is, however, awarded; but the day's work covered by the same, both as re- gards hours of service and mileage covered, is that which now exists in Electric Service on the various roads, not that covered under the preceding headings pertaining to "Freight and Pas- senger Service." This award is without prejudice to existing contracts for such service. QUESTIONS UNDER ARTICLE II. Question 53: On roads where excess mileage is allowed in existing schedules, and the rate is lower than that provided in Award, can we hold the excess mileage and also take the rate provided in the Award? Answer: Yes, the awarded rates can be accepted without question of excess mileage having any influence. Question 54: Can the existing schedule rates now paid 25 on one class of engine be retained, and the awarded rate be applied to another class of engine coming within the same group of weights on drivers? Answer: Yes. Question 55: Can the rates as provided in Article II of the Award be applied to engines working on an eight hour day? Answer: Yes. Question 56: In wreck, pusher or helper, mine runs, circus trains, etc., can these different classes of service be separated in order to apply the schedule to one or more of these classes and apply the Award to the other, or others? Answer: The Engineers or Firemen on any railroad may elect to accept the awarded rate and rule together for either wreck, pusher, helper, mine runs, circus trains, etc., separately, or they may retain their existing rate and rules covering either class of service separately. Question 56 (a): Can the existing schedule rules in any one of the above mentioned classes be retained, and also the awarded rate applied? Answer: The Engineers or Firemen on any railroad may elect to accept the awarded rate and rule together for either wreck, pusher, helper, mine runs, circus trains, etc., separately, or they may retain their existing rate and rules covering either class of service separately. Question 57: On roads having rule providing that in work train service, crew will receive pay for every day in the month, with existing schedule rate lower than the awarded rate, can this rule be retained and also apply the rate awarded? Answer: The regulations pertaining to work train service were not submitted to the Board beyond the rate of pay. There- fore, present work train rules in individual schedules remain in effect with awarded rates. Question 58: On roads where the existing schedule rates for Through Freight Service are higher than the awarded freight rate, with existing schedule work train rate lower than 26 the awarded rate, can this existing higher schedule freight rate be applied to work train service? Answer: Yes. Question 59: What classification rate will apply when crew works part of a day in yard service and balance of day in pusher, work or other service? Answer: The Award does not provide for combination of road and yard service. Rules and practices in different sched- ules to apply. Question 60: Under the Award, should helpers be em- ployed on "McKeen" gasoline motor cars? Answer: The Award does not designate where helper shall be employed, but when helpers are employed they shall receive the rate provided for in the Award. Question 61: In gasoline motor service, what does the day in hours and miles consist of? Answer: The day's work and mileage in gasoline motor service is that which now exists on the various roads. Question 62: Does the Award contemplate applying elec- tric service rules and rate to gasoline motor service? Answer: The Award contemplates applying the minimum rates in second Paragraph, under the heading "Electric Loco- motives, Electric Either Multiple Unit or Single. Gasoline or Other Service" to the existing rules covering gasoline motor service. Question 63: Electric engines used in Cascade tunnel are now paid as helpers and allowed the F 8 Class engine rate, which carries $5.30 rate for Engineer and $3.63 rate for Fireman per day in Freight Service. In allowing freight rate on helpers will this electric engine receive the freight rate? Answer: The Award only provides minimum rates, and is without prejudice to existing contracts for such service. Question 64: Does the Award provide the payment of Through Freight rate in Freight Service on branches? 27 Answer: The Award does not differentiate between main line and branch service. Question 65: What rate of pay will apply to a Fireman who is assigned to an engine employed in switching service at various mines, in order to do which the main line is used for a distance of one mile at various times during the day? Answer: Through freight rates will be paid to Engineers and Firemen when their work consists exclusively of mine run work and switching incidental to such service. Question 66: What rate would he get if he rah a distance of one mile- on the main line in the morning, to reach the mine where he was employed in switching service, and then switched balance of day at the mine and at night brought the loads from the mine back to the terminal from which he started in the morning? Answer: Through freight rates will be paid to Engineers and Firemen when their work consists exclusively of mine run work and switching incidental to such service. Question 67: What arrangements should be made in apply- ing the Award on electrical power, relative to mileage and hours of service, on a road which, at the present time, has no such service? Answer: Rules in the Award relating to electric service should be written into various schedules. ARTICLE III— LOCAL OR WAY FREIGHT. A minimum of thirty (30) cents per hundred miles, or less, is to be added for Local Freight Service to Through Freight Rates for Engineers and Firemen, according to class of engine. Miles over one hundred to be paid for pro rata. QUESTIONS UNDER ARTICLE III. Question 68: Can the 30 cents differential be added to Local Freight having 12% miles per hour as basis for computing overtime, without going to 10 miles per hour for overtime basis ? Answer: Yes. 28 Question 69: Where but one freight train is run on a branch, and does all local as well as Through Freight work, could the 30 cents differential be applied? Answer: As the Award contains no definition of Local or Way Freight Service, the Board feels that the matter will have to be governed by character of the work performed or by condi- tions establishing Local or Way Freight trains on each railroad. Question 70: Does the 30 cent differential on Local Freight apply to present rate, or to rates proposed in the Award? Answer: If the present Through Freight rate is retained the 30-cent differential will be added thereto. If the awarded Through Freight rate is adopted, the 30-cent differential will be added thereto. Question 71: If present Through Freight rate is higher than the Award and differential in effect is lower than the Award, could the 30 cent Award be added to present Through Freight rate? Answer: There can be no freight rate that is higher than the Award, as the Award provides for existing rates to continue, and the 30-cent differential provided for Local or Way Freight would be added to the present Through Freight rate. Question 72: On a certain class engine existing differential is 35 cents, and on another class engine the differential is 25 cents. Can the 35 cents differential be maintained and the 30 cents differential be secured on the class of engine now paving the 25 cent differential? Answer: Yes. The Award provides a differential for Local or Way Freight service to be added to existing or awarded Through Freight rates. Question 73: Where Engineers and Firemen on local train are allowed five (5) hours' pay while laying over on Sunday, Engineers doing necessary work on engines, can this rule be retained and the differential of 30 cents in the Award be also applied? Answer: Yes, unless he is relieved from doing the work. 29 ARTICLE IV— SWITCHING SERVICE. RATES OF PAY. The Minimum rate of wages per day of ten (10) hours or less; overtime pro rata on minute basis, shall be: Engi- Fire- neers men Engines less than 140,000 lbs. on drivers $4.25 $2.70 Engines 140,000 lbs. and over on drivers 4.40 2.75 MALLET ENGINES. Engines 275,000 lbs. or less on drivers 5.15 4.00 Engines over 275,000 lbs. on drivers 5.40 4.00 BEGINNING AND ENDING OF DAY. Time to begin when required to report for duty and to end at time engine is placed on designated track or Engineer or Fire- man is released, exclusive of time off for meals. MEALS. Engineers and Firemen in Switching Service shall be al- lowed one hour for meals between the hours of 11:30 a. m. and 1:00 p. m., and between the hours of 11:30 p. m. and 1:00 a. m., but if required to work the meal hour or any part thereof, they will be paid for the hour in addition to the minimum day, and be allowed thirty (30) minutes under pay for meals. The time for meals will commence at the time Engineer and Fireman are released from care of engine. Engineers and Firemen will not be required to work longer than six (6) hours without being allowed thirty (30) minutes for meals. Existing rates of pay per day that are higher than the above minima are hereby awarded. QUESTIONS UNDER ARTICLE IV. Question 74: Does the Award make all yards the same class? Answer: Yes. 30 Question 75: Can rate awarded be accepted and maintain present rules? (There being a tie vote, the question is not answered.) Question 76: When would crew be relieved! Will they be paid for inspecting engine and making out reports ? Answer: Crews in Switching Service will be relieved under the Award when engine is placed on designated track, or Engi- neer or Fireman is released. Question 77: Would switch engine that has $4.25 rate in yard be paid as per weight on drivers if used in Belt or Transfer Service? If the yard rate was higher, could this rate follow the engine in belt or transfer ? Answer: The Award does not provide for Belt Line or Transfer Service. In the opinion of the Board, however, should the awarded yard rates be higher than the rate now paid crew in Belt Line or Transfer Service the awarded switching rates should obtain in such service until different rates are mutually agreed upon. Question 78: If yard engine is sent outside yard limits to bring in outlaw, or perform other service, would they receive freight rates for entire day? If not, how paid? Answer: The Award does not provide for combination of road and yard service. Rules and practices in different sched- ules to apply. Question 79: If yard engine crew worked 10 minutes pre- paring engine to be left for meal hour, would they be paid for the hour account working part of meal hour, or would they be en- titled to stay off duty 10 minutes longer than rest of the crew, providing meal hour was within the hours specified in Award? Answer: The Award provides that if crew works any part of the meal hour they will be paid for hour in addition to the minimum day, and be allowed thirty (30) minutes under pay for meals. It must be understood that the meal hour cannot ter- minate later than one o'clock. Question 80: If crew is held responsible for engine during meal hour, are they entitled to pay? 31 Answer: If crew is not released from care of engine during meal hour they would be entitled to pay. Question 81: Could we maintain present method of paying meal hour and accept third Paragraph of Award under "Meals?" Answer: No. In accepting the awarded meal hour, it must be accepted in its entirety and it will not be permissible to take part of the present rule for the purpose of making a better rule than is provided in the Award for meals. Question 82: Would time be continuous and 30 minutes be allowed for meals if meal hour was given other than between the hours of 11:30 and 1:00 A. M. or P. M.? Answer: Yes. Question 83: If crew take charge of engine or are relieved at outside point, where would payment begin if required to regis- ter and report work at roundhouse — at time reporting at round- house, or time of arriving at or leaving engine? Answer: Crews in Switching Service will be relieved under the Award when engine is placed on designated track, or Engi- neer or Fireman is released. Question 84: On road having flat rate of $4.50 per day of ten hours or less for certain "road engines" in Switching and Transfer Service, can this rate be maintained and rates of Award applied to all other engines used in Switching and Trans- fer Service? Answer: Yes. Question 85: Will the Award automatically go into effect if notice is not served upon the General Manager, to the con- trary? Answer: Under the law under which the Arbitration was held the Railroads are required to put the Award in practical operation at the expiration of ten (10) days from the time same was made and filed. Question 86: If switch engine started to work at 12:00 32 noon, what arrangements are made for the meal hour, other than the sixth hour ? Answer: If a switch engine was started to work at 12:00 noon the Engineer and Fireman would be allowed continuous time with a minimum of ten hours and would not be required to work longer than six hours without being allowed 30 minutes for meal. ARTICLE V— BEGINNING AND ENDING OF A DAY. In all classes of road service, an Engineer's or Fireman's time will commence at the time he is required to report for duty, and will conclude at the time the engine is placed on the desig- nated track or relieved by hostler at terminal. QUESTIONS UNDER ARTICLE V. Question 87: Can Article V be applied to Narrow Gauge road that is on eight-hour basis? Answer: Yes. Question 88: Can Article V be applied to any road having eight-hour schedule if they do not accept ten-hour basis'? Answer: Yes., Question 89: Could this Article be accepted and retain present rules pertaining to initial and final terminal delay? If so, explain how figured. Answer: The Arbitration Board denied any form of initial terminal delay beyond that involved in the rule that pay should begin in all cases at the time an engineer or fireman is required to report for duty. It is the understanding of the Board that Article V may be applied and rules of existing schedules govern- ing payments for initial terminal delay retained, to be applied and paid for under the practices and at the rates provided for in existing schedules. Time paid for under existing initial terminal delay rules cannot be used to compute road overtime unless exist- ing schedule rules and practices permit; that is, duplicate pay- ment for the same time is not contemplated by the Award. Engineers and Firemen may accept Article V and retain existing final terminal delay rules. If existing final terminal 33 delay rules are retained they shall be applied and paid for under the practices and at the rates provided in existing schedules and not under the Award, and without causing duplicate payment for the same time. ARTICLE VI— TERMINAL DELAY. INITIAL TERMINAL DELAY. Compensation for Initial Terminal Delay is not allowed be- yond that involved in the rule, that pay shall begin in all cases at the time an Engineer or Fireman is required to report for duty. FINAL TERMINAL DELAY. For Freight Service, Final Terminal Delay shall be com- puted from the time the engine reaches designated main track switch connection with the yard track. For passenger Service, Final Terminal Delay shall be com- puted from time train reaches terminal station. Final Terminal Delay, after the lapse of 30 minutes, will be paid for the full delay at the end of the trip, at the overtime rate, according to class of engine, on the minute basis. If road overtime has commenced, terminal overtime shall not apply, and road overtime will be paid to point of final relief. QUESTIONS UNDER ARTICLE VI. Question 90: May Engineers or Firemen secure payment of initial terminal delay, under the Award, independent of any other time earned on trip? Answer: The Arbitration Board denied any form of initial terminal delay beyond that involved in the rule that pay should begin in all cases at the time an Engineer or Fireman is required to report for duty. It is the understanding of the Board that Article V may be applied and rules of existing schedules govern- ing payments for initial terminal delay retained, to be applied and paid for under the practices and at the rates provided for in existing schedules. Time paid for under existing initial terminal delay rules cannot be used to compute road overtime unless exist- ing schedule rules and practices permit; that is, duplicate pay- 34 ment for the same time is not contemplated by the Award. Engineers and Firemen may accept Article V and retain ex- isting final terminal delay rules. If existing final terminal delay rules are retained they shall be applied and paid for under the practices and at the rates provided in existing schedules and not under the Award, and without causing duplicate payment for the same time. Question 91 : Who will determine ' ' designated lead ' ' under Article VI of Award? Answer : The switch leading from main track to yard would be designated "main track" switch. Should any controversy arise over this question it would be a matter of adjustment be- tween the Committee and the officers of the Company in the usual manner. Question 92: If crew is required to perform switching service after arrival at ' ' designated lead, ' ' can company add such switching time to road time and defeat payment of final terminal delay? Answer: The Award does not cover the question of pay- ment for switching by road crews after arrival at terminal and provisions of various schedules should therefore govern. The Award only provides for final terminal delay. Question 93: Where schedules provide for given allow- ances account handling engine or train from station to round- house, or coach yard, may Committee relinquish such allowance and accept payment for final terminal delay under Award? Answer: If miles are allowed for such service, time cannot also be allowed, or vice versa. Question 94: Where schedules now provide for initial ter- minal delay, but no final terminal delay, may Committee accept final terminal delay under Award and retain initial terminal delay of schedule, and vice versa? Answer: The Arbitration Board denied any form of initial terminal delay beyond that involved in the rule that pay should begin in all cases at the time an Engineer or Fireman is required to report for duty. It is the understanding of the Board that 35 Article V may be applied and rules of existing schedules govern- ing payments for initial terminal delay retained, to be applied and paid for under the practices and at the rates provided for in existing schedules. Time paid for under existing initial terminal delay rules cannot be used to compute road overtime unless exist- ing schedule rules and practices permit; that is, duplicate pay- ment for the same time is not contemplated by the Award. Engineers and Firemen may accept Article V and retain existing final terminal delay rules. If existing final terminal de- lay rules are retained they shall be applied and paid for under the practices and at the rates provided in existing schedules and not under the Award, and without causing duplicate payment for the same time. Question 95: Where schedule provides for payment of ini- tial terminal delay of one hour, after thirty (30) minutes delay, crew is called to report at 4 :30 A. M., arrives destination 2 :30 P. M., distance 100 miles, would any overtime accrue? If arriv- ing at 3 :30, would any overtime accrue ? Answer: The question as framed does not call for a de- cision upon the allowance of terminal delay, because no terminal delay is shown. Question 96: Where such schedules now provide for initial and final terminal delays, does Award affect such, if desired to retain schedules? Answer: The Arbitration Board denied any form of initial terminal delay beyond that involved in the rule that pay should begin in all cases at the time an engineer or fireman is required to report for duty. It is the understanding of the Board that Article V may be applied and rules of existing schedules governing pay- ments for initial terminal delay retained, to be applied and paid for under the practices and at the rates provided for in existing schedules. Time paid for under existing initial terminal delay rules cannot be used to compute road overtime unless existing schedule rules and practices permit; that is, duplicate payment for the same time is not contemplated by the Award. Engineers and Firemen may accept Article V and retain existing final terminal delay rules. If existing final terminal delay rules are retained they shall be applied and paid for under 36 the practices and at the rates provided in existing schedules and not under the Award, and without causing duplicate payment for the same time. Question 97: In what manner is Article VI applicable to work, wreck, pusher or helper, mine runs, Belt and Transfer Service? Answer: As to work train service: The regulations per- taining to work train service were not submitted to the Board be- yond the rate of pay. Therefore, present work train rules in indi- vidual schedules will remain in effect with awarded rates. As to wreck, pusher or helper, mine runs, etc.: The Engi- neers or Firemen on any railroad may elect to accept the awarded rate and rule together for either wreck, pusher, helper, mine runs, circus trains, etc., separately, or they may retain their existing rate and rules covering either class of service separately. Belt and Transfer Service being a subject for further nego- tiations would not be included. Question 98: In handling passenger equipment, after ar- rival, from station to coach yard, will final terminal delay begin at passenger station or coach yard? Answer: Final terminal delay for Passenger Service shall be computed from time train reaches terminal station. Question 99: Are Enginemen entitled to final terminal de- lay time, computed from the time the train stops at the passen- ger station, and in addition thereto the mileage from the passen- ger station to the roundhouse or designated engine track, in instances where engines are handled by engine crews between these points? Answer: In the application of awarded Article VI when final terminal delay accrues mileage between designated points and point of release will not be allowed. When final terminal delay does not accrue actual mileage will be allowed from desig- nated switch or passenger station to point of release, and will be added to the actual mileage of the trip. Less than one mile not to be counted. This applies to both Passenger and Freight Service. Question 100: Does initial and terminal delay rules apply 37 to turn-around services under Article I ? Answer : When a day's work is composed of a round trip or a series of runs, final terminal delay will be computed on only the last run. ARTICLE VII— AUTOMATIC RELEASE AND TIE-UP. The request contained in the first paragraph of this article is denied. CONTINUOUS TIME. Engineers and Firemen in train service tied up under the law will be paid continuous time from initial point to tie-up point. When they resume duty on continuous trip, they will be paid from tie-up point to terminal on the following basis: For fifty (50) miles or less, or five (5) hours or less, fifty (50) miles pay; for more than fifty (50) miles and up to one hundred (100) miles or over five (5) hours and up to ten (10) hours, one hun- dred (100) miles pay; over one hundred (100) miles, or over ten (10) hours, at schedule rates. It is understood that this does not permit running engines through terminals or around other crews at terminals unless such practice is permitted under the pay schedule. QUESTIONS UNDER ARTICLE VII. Question 101: Will the acceptance of Award permit us to retain all other rules applicable to "tie-up" under the law, as were negotiated in April, 1908? Answer: The Award modifies the agreement of April 19, 1908, concerning tie-up between terminals only in respect to En- gineers and Firemen tied up under the law who resume duty on continuous trips. Question 102: If present "tie-up" rules are abrogated by application of Award, when is crew tied up under the law, and after "tie-up" when does he resume duty? Answer: The Award modifies the agreement of April 19, 1908, concerning tie-up between terminals only in respect to En- gineers and Firemen tied up under the law who resume duty on continuous trips. 38 Question 103: Where schedules provide for eight-hour day, will Article VII allow payment of 50 miles for four hours or less, and 100 miles for more than four hours and less than eight? Answer: No. ARTICLE VIII— HELD AWAY FROM HOME TERMINALS. Engineers or Firemen in pool freight and in unassigned serv- ice held at other than home terminal, will be paid continuous time for all time so held after the expiration of twenty-two (22) hours from time relieved from previous duty, at the rate per hour paid him for the last service performed. If held fourteen (14) hours after the expiration of the first thirty-two (32) hour period, he will be paid continuous time for the next succeeding ten (10) hours, or until the end of the twenty-four (24) hour period, and similarly for each twenty-four (24) hour period thereafter. Should an Engineer or Fireman be called for duty after pay begins, his time will be computed continuously. QUESTIONS UNDER ARTICLE VIII. Question 104: Does this rule apply to unassigned Passen- ger Service where crews run first in, first out ? Answer: We know of no such service. If an unassigned crew was called upon to run an extra passenger train, Article VIII would apply. Question 105: Does this rule apply to pool or chain gang service, where crews are running first in, first out, and hauling gravel between two designated points'? Answer: Yes, provided one of the ' ' designated points ' ' has been designated by the company as a home terminal. Question 106: What will be considered the "home ter- minal" for crews from different seniority districts running be- tween two terminals on "blanket runs?" Answer: The Award in no instance designates "Home Ter- minal," but ordinarily the home terminal should be the terminal where the crews reside or start from. 39 Question 107: Will the last sentence in this rule void the initial terminal delay allowed in individual schedules ? Answer: Awarded rule makes no restriction. Time earned under Article VIII, if less than ten hours, can be combined with service called for and be paid for as a continuous trip. Question 108: Under this rule are we to understand that a new day commences at the beginning of the 23rd hour? Answer: Yes. Time will begin at the expiration of the twenty-second (22nd) hour, but crews will not be entitled to a full day or ten (10) hours at "Held away from home terminals" until after the expiration of thirty-two (32) hours. Question 109: Can time earned under this rule be com- bined with other service to fill out 100 miles or ten hours, or is it to be paid independent of all other allowances or time made? Answer: Awarded rule makes no restriction. Time earned under Article VIII, if less than ten hours, can be combined with service called for and be paid for as a continuous trip. Question 110: If an Engineman is called after being held away from his home terminal twenty-four hours to run or fire a passenger engine a distance of 200 miles, which is made in five hours, what will he be allowed, in miles or hours ? Answer: Awarded rule makes no restriction. Time earned under Article VIII, if less than ten hours, can be combined with service called for and be paid for as a continuous trip. Question 111: What is a "Home Terminal" under this Article VIII, and by whom is it to be designated and in what manner? Answer: The Award in no instance designates "Home Ter- minal," but ordinarily the home terminal should be the terminal where the crews reside or start from. Question 112: If an Engineman on a regular assigned freight run goes into a terminal which is not his home terminal, and his run is annulled out of that terminal, would he be allowed compensation under this rule? Answer: The Board did not attempt to designate "as- 40 signed" or "unassigned" service, the presumption being that this matter was well denned on individual roads. Question 113: What is meant by "unassigned service" in the first line of this rule? Answer: The Board did not attempt to designate "as- signed" or "unassigned" service, the presumption being that this matter was well denned on individual roads. ARTICLE IX— DEADHEADING. Deadheading on Company's business on Passenger Trains will be paid for the actual mileage at 4.3 cents per mile for Engi- neers, and 2.5 cents per mile for Firemen, and for deadheading on other trains at 4.75 cents per mile for Engineers and 2.75 cents per mile for Firemen; provided, that a minimum day at the above rates will be paid for the dead-head trip if no other service is performed within twenty-four (24) hours from time called to deadhead. Deadheading resulting from the exercise of seniority rights will not be paid for. QUESTIONS UNDER ARTICLE IX. Question 114: If an Engineer or Fireman is called to dead- head 100 miles on a passenger train, and are not used for 62 hours after reaching a terminal, which is not his home terminal, what will he be paid, in miles or hours ? Answer: Under Article IX, if no service is provided within twenty-four (24) hours, the Passenger Engineer is entitled to a minimum of one hundred (100) miles at 4.3 cents per mile, and the Fireman at 2.5 cents per mile. The Board holds that after expiration of the first twenty-four (24) hours, as provided in Article IX, if held at away from home terminal, Article VIII applies, and the Engineer or Fireman should be compensated for the balance of the delay in accordance with Article VIII at the overtime rate for Passenger Service. If deadheaded to away from home terminal on freight train, the rate of payment while under provisions of Article IX will be at rates specified therein, and while under provisions of Article VIII, as given in the above interpretation, the rate per hour for the engine on which deadheaded will apply. 41 Question 115: Does the proviso in Article IX mean that no more than a minimum day will be paid in any case? Is it susceptible to that interpretation? Answer: No. The actual miles made will be allowed at stipulated rates, with a minimum of one day's pay, provided no other service is performed within twenty-four (24) hours from time called to deadhead. In other words, all mileage made in excess of one hundred (100) miles will be paid pro rata. Question 116: Will deadhead mileage be paid to an Engi- neer or Fireman who may be displaced by a senior man exercis- ing his seniority? Answer: No. It is clear from this question that the dead- heading must necessarily be the result of the exercise of seniority rights and is properly within the awarded rule covering that point. Question 117: Will overtime be allowed to men deadhead- ing on either passenger or freight trains, and if so, how? Answer: No. Question 118: Can deadhead mileage, or time, be combined with other service? Answer: The question of combining deadhead mileage with other service was not before the Board and provisions of indi- vidual schedules will govern. Question 119: Can deadhead mileage be used to fill out a day's work of 100 miles or ten hours? Answer: The question of combining deadhead mileage with other service was not before the Board and provisions of indi- vidual schedules will govern. Article x— hostlers. The minimum pay for Hostlers will be $4.20 per day of 12 hours, or less, overtime pro rata. Only roundhouse employes who, in handling engines, are required to have a knowledge of main line train movements, will come under this designation. Engineers and Firemen will have preference for positions as Hostlers. This will not operate to disqualify those who now 42 hold such positions, nor to prevent same being filled from other classes of employes who may be eligible thereto, who can qualify. All other roundhouse employes handling engines during twenty-five (25) per cent, or more, of their daily assignment will receive $3.00 for 12 hours, or less, overtime pro rata. On roads where the right to legislate for Hostlers has been conceded by the Company to the Engineers or Firemen, such right as specified in individual schedules shall not be affected by the adoption of this Article. QUESTIONS UNDER ARTICLE X. Question 120: On roads where there is no agreement now in effect, do the rates specified in the Award apply to the men now in the service? Answer: Yes. Question 121: Will Hostlers making any and all character of main line movements receive the $4.20 rate, even though the Railroad may not require any particular qualifications 1 Answer: The Board is of the opinion that the awarded rule should be applied in its entirety except where individual sched- ules provide a higher rate for twelve (12) hour service than the Award, in which case such rate may be retained. The rate of $4.20 per day of twelve (12) hours or less applies only to such Hostlers as are required to have a knowledge of and do make main line movements. The intention of the Award is that em- ployes who handle engines on main line under conditions which require that they should have a knowledge of main line train movements should be men of experience and be able to qualify for such service. The $3.00 rate applies to Hostlers, Engine Despatchers or other roundhouse employes who are not required to have a knowledge of main line train movements, but who are engaged in handling engines during twenty-five (25) per cent or more of their daily assignment of twelve (12) hours or less. While no provision was made in the Award for meal hour it was the intention of the Board that these men be allowed reasonable time at convenient hours for meals. 43 Question 122: On roads where rules are now in effect gov- erning Hostler Service, can we apply the rates in the Award and the rules in the schedules, including the "meal hour," where allowed, and all arbitrary allowances for switching or handling of cars in the terminal? Answer: This question is answered by answer to Question 121, except as to arbitrary allowances for switching or handling of cars in the terminal, which are not affected by the Award. Question 123: "What rate will apply in case overtime is earned? Where rules that provide for payments of the one- tenth rate are in effect, will they apply? Answer: If the awarded rule relative to Hostlers is accepted it carries with it the awarded basis for overtime, which is pro rata. Question 124: On roads where the ten-hour day is now in effect, can such roads retain the ten-hour day and apply the rates in the Award? Answer: The awarded rate is a rate of $4.20 per day of twelve (12) hours or less, and when paying this rate the Railroad has the right to require twelve (12) hours' work. Question 125: On roads that have rules in effect govern- ing dual positions of Hostler-Foreman, will such positions carry the rates provided for in the Award, according to character of service performed? Answer: The Board is of the opinion that the awarded rule should be applied in its entirety except where individual sched- ules provide a higher rate for twelve (12) hour service than the Award, in which case such rate may be retained. The rate of $4.20 per day of twelve (12) hours or less applies only to such Hostlers as are required to have a knowledge of and do make main line movements. The intention of the Award is that em- ployes who handle engines on main line under conditions which require that they should have a knowledge of main line train movements should be men of experience and be able to qualify for such service. The $3.00 rate applies to Hostlers, Engine Despatchers or other roundhouse employes who are not required to have a knowl- 44 edge of main line train movements, but who are engaged in handling engines during twenty-five (25) per cent or more of their daily assignment of twelve (12) hours or less. While no provision was made in the Award for meal hour it was the intention of the Board that these men be allowed reasonable time at convenient hours for meals. Question 126: Does the Award give jurisdiction to the Firemen on roads where they have no jurisdiction at the pres- ent time, to the extent that Firemen can claim the positions when vacancies occur? Answer: Paragraph 2 of awarded Article X answers this question. ARTICLE XII— ASSISTANCE FOR FIREMEN. On coal-burning locomotives, either passenger or freight, coal will be shoveled forward at specified points, whenever nec- essary, or by men riding on locomotives for that purpose, so that it can be reached by Firemen from deck of the locomotive. Coal of proper size for firing purposes will be placed on all tenders. It is understood that the Committees on individual roads will take up with their respective officers the question of shovel- ing coal forward on tenders and determine the points where men shall be located to do this work. QUESTIONS UNDER ARTICLE XII. Question 127: Is it the intent of this Article that when coal cannot be reached by the Firemen from the deck of the loco- motive that it is necessary that the coal be shoveled forward? Answer: It is the intent of Article XII that coal shall be shoveled forward on tenders so that it can be reached by the Firemen from the deck of the locomotive; however, the last para- graph of this Article specifically provides that the committees on individual roads will take up with their respective officers this question and determine the points where men shall be located to do this work. It is understood, of course, that it will not be necessary to have coal shoveled ahead on engines that are equipped with practical mechanical stokers, or coal passers, 45 in good working order, or where two (2) Firemen axe employed. Question 128: Does this Article mean that if the coal gets back so that it can no longer be reached from the deck of the engine that the Firemen can tie up and wait for some one to shovel same ahead? Answer: No. Under ordinary circumstances the Commit- tee and Management of each road should be able to determine points where coal ought to be shoveled ahead, in order to reach their terminal or end of run or where coaling stations are main- tained, without the necessity of Firemen being required to do this work. Therefore, if this question is determined, and the company will station men to do this work as requested by the Committee, there should be no occasion for Firemen to com- plain; however, even though men are assigned to do this work under normal conditions, or ordinary circumstances, there may be emergency cases when, after the coal was shoveled ahead, the train could not reach its terminal without the necessity of again shoveling it ahead, in such cases the Firemen would be required to do this work, in order to reach terminal without delay. Question 129: If an agreement is reached as to where men shall be placed to shovel coal ahead, and it later develops that men are required to shovel their own coal ahead at some other point, will the Committee have the right to go back and insist that men be placed at certain points to take care of the situation? Answer: The officers of the railroad and the committee representing the men should determine at which points it is necessary to furnish help to assist the Firemen. If after such agreement has been arrived at, and it is found that conditions change, the officers and the committees should confer in an effort to adjust the matter satisfactorily to both parties. Question 130: If men are located at certain points to shovel coal ahead, and after leaving the point where the coal has been shoveled ahead, it again becomes necessary to go back ■ after it, may the Fireman send a message asking for some one to shovel the remainder of the coal ahead? Answer: No. Under ordinary circumstances the Com- 46 mittee and Management of each road should be able to determine points where coal ought to be shoveled ahead, in order to reach their terminal or end of run where coaling stations are main- tained, without the necessity of Firemen being required to do this work. Therefore, if this question is determined, and the company will station men to do this work as requested by the Committee, there should be no occasion for Firemen to com- plain; however, even though men are assigned to do this work under normal conditions, or ordinary circumstances, there may be emergency cases when, after the coal was shoveled ahead, the train could not reach its terminal without the necessity of again shoveling it ahead; in such cases the Firemen should be required to do this work, in order to reach terminal without delay. Question 131: Is the following a separate rule: "Coal of proper size for firing purposes will be placed on all tenders," and does it mean that the Firemen will not be required to assist in placing coal on tenders, but that at all times it will be placed there for him? (There being a tie vote, the question is not answered.) ARTICLE XIII— TWO FIREMEN. When a second Fireman is deemed necessary on coal-burning locomotives in Freight Service weighing more than 200,000 pounds on drivers, the matter will be taken up with proper officials of individual railroads by the Committee. Failing to reach a settlement, the matter shall be referred to an Adjust- ment Commission to be composed of five (5) persons, two (2) of whom are to be chosen by the Railroad Company, two (2) by the Committee, and one (1) to be selected by the four (4) thus chosen, who shall be the Chairman of the Commission. Should the four (4) men fail to agree on the fifth, then three (3) days after the last of the four have been selected, the fifth man shall be named by the United States Board of Mediation and Con- ciliation. If, for any reason, the selection of the fifth man can- not be made by the United States Board of Mediation and Con- ciliation, he shall be named by the United States District Judge of the District in which the controversy may have arisen. All 47 expenses incurred in connection with the settlement of such matters shall be borne equally by the two (2) parties to the controversy. When two Firemen are employed on a locomotive as a result of the application of the preceding paragraph, they shall each be paid the rate for the class of engine next below, per Article II of this Award. QUESTIONS UNDER ARTICLE XIII. Question 132: Is it the intent of this Article that when two firemen are found necessary they shall be used over the entire district, or only over the heavy grades ? Answer: The placing of two Firemen on certain engines and the districts upon which they are operated is a matter to be settled between the representatives of the individual rail- roads and the men, either direct or through arbitration. Question 133: Is it the intent of this Article that where at this time men are employed as helpers to the Firemen over certain districts, that they now be succeeded by Firemen from the regular lists? Answer: The Award does not change the present status where helpers are now employed. Question 134: Does the rate for class of engine next below mean the next class engine that the road has in service, as shown under classification in Article II, or the next rate shown in the Award, regardless of whether any of these engines are now in service ? Answer: He may take the existing or awarded rate for the. class of engine next below. ARTICLE XIV— MISCELLANEOUS. CLEANING OF LOCOMOTIVES On railroads where Firemen are required to clean locomo- tives, they shall be relieved of such cleaning. 48 SETTING UP WEDGES, FILLING GREASE CUPS, CLEAN- ING HEADLIGHTS, ALSO PLACING SUPPLIES ON LOCOMOTIVES Where Engineers and Firemen are required to set up wedges, fill grease cups, or clean headlights, they shall be relieved of such service at all points where competent round- house force is employed. Neither will they be required to place on, or remove tools or supplies from locomotives, fill lubricators, flange oilers, head- lights, markers or other lamps at points where roundhouse force, or an engine watchman is employed. QUESTIONS UNDER ARTICLE XIV. Question 135: Does the term "Relieved of such cleaning" mean that Firemen will be relieved of all cleaning required of them? Answer: Firemen will be relieved of cleaning locomotives. Question 136: Under the second Paragraph of this Article what is meant by ' ' competent roundhouse force ? ' ' Answer: The language "Competent roundhouse force" applies to employes who will be required to "set up wedges," that is, men who have knowledge of such work. Question 137: At points where the Railroad is required to fill grease cups, and set up wedges, does it follow they will also screw grease cups down, and tighten jam nuts? Answer: Yes. The intent of the rule is to relieve Engi- neers and Firemen from filling or screwing down grease cups at points where roundhouse force is employed. Question 138: Will Article XIV relieve a Fireman from placing coal on tenders, or assisting in placing coal on tenders, at points where shop force or coal chute man is employed? Answer: It is opinion of the Board that Article XIV does not cover this question. 49 ARTICLE XV— OFFICIAL RECORD OF WEIGHTS ON DRIVERS. For the purpose of officially classifying locomotives, each railroad, party to this arbitration, will keep bulletin at all terminals showing actual weight on drivers of all engines in its service. QUESTIONS UNDER ARTICLE XV. Question 139: Does weight on drivers include sand in box, water in the boiler and fire in the fire-box, or does it mean the builders' weight, with empty boiler? Answer: The understanding is that "weight on drivers" refers to the weight on drivers of the engine in working condi- tion, which would include "sand" in sand-box, "water" in boiler, and "fire" in fire-box. ARTICLE XI— EFFICIENCY TESTS. We recognize the necessity of making efficiency tests, but when such tests are made they should not be conducted under conditions that are hazardous to the employes. ARTICLE XVI— THROWING SWITCHES AND FLAGGING. The complexity of the service and the variety of the rules are such that this Board does not deem it wise to undertake to formulate a general rule upon this subject at this time. GENERAL REGULATIONS. In awarding the above rates, rules and conditions it is understood that the Engineers or Firemen on any railroad may elect to take any daily rate, rule or condition as herein awarded, but the Board denies right of the men to take a part or whole of any rule herein awarded and couple it with a part or whole of any rule in the present schedule and thereby create a new condition not contemplated by the Award. Nothing herein is to be construed to deprive the Engineers or Firemen on any railroad from retaining their present rules 50 and accepting any daily rate that may be awarded, or retain their present daily rate, and accept any awarded rule. It is further understood that the foregoing does not in any manner conflict with or nullify any part of Article 12 of the Arbitration Agreement, which reads as follows: "That any rates of pay, including excess mileage or arbi- trary differentials, that are higher, or any rules or conditions of employment contained in individual schedules in effect October 10, 1913, that are more favorable to the employes than the Award of said Board, shall not be modified or affected by said Award." ADDITIONAL QUESTIONS SUBMITTED TO THE BOARD AT CHICAGO, ILLINOIS, ON AUGUST 19, 1915. SUPPLEMENTAL QUESTIONS UNDER ARTICLE I. Supplemental Question 1: Is it necessary for a crew with run of less than 80 miles to return over the same route in order to come within the provisions of Paragraph 2 of Article I? Answer: A crew returning over substantially the same route would come under provisions of Paragraph 2, Article I. Supplemental Question 2: Is it permissible for a railway company to re-arrange their runs for the purpose of avoiding payment which is made necessary by the application of the turn- around rule in passenger service, as awarded, and, if so, can the company change terminals or require men to run off their seniority district, or couple up short runs with well-established long runs, for no other purpose than to evade the terms of the Award? Answer: While this Board would discourage any im- proper changes that are made for the mere purpose of defeating provisions of the Award, it is not within the province of this Board to say what changes or arrangements the management of a road may make. Existing seniority rules are not affected by the Award. Supplemental Question 3: Is it permissible to apply the 51 100 miles or less, ten hours or less, as a basis of a day's work, on both the narrow and standard gauge Colorado lines of the D. & K. Gr., and retain the present differential on account of mountain grade, still retaining present basis of pay on the Utah Lines? Answer: Answer to Original Question No. 22 applies to this Question. Supplemental Question 4: Have the railroad companies the right to change terminals in order to escape payment of overtime under paragraph 2 of Article I of the Award, or de- duct any allowances that have been made in schedules prior to the Award? Answer: The question as to right to change terminals is covered in answer to Supplemental Question 2, as follows: "While this Board would discourage any improper changes that are made for the mere purpose of defeating provisions of the Award, it is not within the province of this Board to say what changes or arrangements the management of a road may make. Existing seniority rules are not affected by the Award. ' ' As to schedule allowances: Such allowances will be con- tinued except that in applying the Award such allowances will not be paid as duplicate payments unless so paid under exist- ing schedules. Supplemental Question 5: If an engineer has completed his day in the yard, and is then called for road service, is it per- missible, under the Award, to combine both services ? Answer: Answer to Original Question No. 48 applies to this Question. Supplemental Question 6: Can we, under Article I of Award, substitute the rule which provides for 100 miles or less, 6 hours and 40 minutes or less, shall constitute a minimum day's work in all classes of passenger service instead of the rule which provides a schedule of ten miles per hour in branch service and at the same time retain our present schedule provisions on all main line passenger service, which is better than the Award? Answer: Answer to Original Question No. 64 applies to this Question. Supplemental Question 7: Does the short turn-around 52 rule, paragraph 2, contemplate a minimum day as set forth in Award on runs of less than eighty miles? Answer: The minimum day applies to second Paragraph of Article I. SUPPLEMENTAL QUESTIONS UNDER ARTICLE II. Supplemental Question 8: What rates of pay should apply to work, wreck, pusher or helper, mine runs, circus trains, or trains established for the exclusive purpose of handling milk, on a line where there are now no through freight rates ? (There being a tie vote, the question is not answered.) Supplemental Question 9: Did Award contemplate mini- mum rates to apply to any and all electric service ? Answer: Yes. Supplemental Question 10: The Company declines to pay the minimum freight rate to engineers and firemen who are em- ployed "breaking in engines," insisting that the Award permits them to retain the present practice of keeping this crew on a monthly basis? Answer: The question of "breaking in engines" did not come before the Board for adjustment. Supplemental Question 11: Does the electric line known as the "Deadwood Central" properly come under the Award? Answer: Yes. Supplemental Question 12: If required to take engines out of the house and into the yards for the purpose of trying out and to run over the valves or make tests, what rate would apply? Answer: Answer to Supplemental Question No. 10 applies to this Question. Supplemental Question 13: Did the Board intend the min- imum rate, both as to passenger and freight, to apply to narrow gauge locomotives ? Answer: The Board declined to grant any increase in rates in this part of the service. Supplemental Question 14: Did the Board intend any 53 awarded rules to apply to engines in narrow gauge service? Answer: The Awarded Rules will apply to Narrow Guage Service. Supplemental Question 15: Did the Award apply to all firemen, regardless of color? (There being no majority vote, the question is not answered.) Supplemental Question 16: Can we retain our present rules and accept the minimum awarded rate of $4.30 per day in electric service? Answer: Yes. Supplemental Question 17: Is it permissible to spread the ten-hour rate now in effect over the eight-hour territory, pro- viding employes are willing to establish the ten-hour basis for the entire system at a minimum rate of $5.75 per one hundred miles? Answer: The answer to Original Question No. 22 applies to this Question. Supplemental Question 18: If we adopt the ten-hour basis, can we adopt the ten-hour basis in effect on mountain ($5.97) less the 22-cent differential? In other words, would $5.75 be the universal rate on valley, if we adopt the ten-hour basis, and mountain rate remain the same? Answer: The answer to Original Question No. 22 applies to this Question. Supplemental Question 19: Will Firemen and Hostlers on the Y. & M. V. receive awarded rates? Was it the intent of the Board that the awarded rates, rules, conditions, etc., should apply to colored firemen in the same manner as the application to white firemen? (There being no majority vote, the question is not answered.) SUPPLEMENTAL QUESTIONS UNDER ARTICLE III. Supplemental Question 20: Was it the intent of the Board of Arbitration to include mixed train service when a minimum of thirty cents per one hundred miles, in excess of through freight rates, was allowed for local or way freight engine? 54 Answer: Answer to Original Question No. 69 applies to this Question. Supplemental Question 21: Does the thirty-cent differen- tial, awarded to local freight service, apply to branch locals the same as main line? Answer: Answer to Original Question No. 64 applies to this Question. SUPPLEMENTAL QUESTIONS UNDER ARTICLE IV. Supplemental Question 22: Will a crew given an hour for meals between twelve and one, and returning to work at one o 'clock, be entitled to another meal hour at the expiration of the six-hour period, viz. : 7 :00 P. M. ? Answer: Answer to Original Question No. 86 applies to this Question. Supplemental Question 23: A switch engine goes to work sharp at twelve noon and crew must be given thirty (30) minutes in which to get their dinners and be also paid for the hour. They will be released for dinner at 6 :00 P. M. and be off duty until 6:30, but they will be paid continuous time from 12:00 noon when they commenced work. If the engine went on duty at 11 :00 A. M., was released at 12 :00 noon for dinner, resumed work at 1 :00 P. M., would that fill the requirements as contemplated by the Award? Is it also understood that this engine must be released for supper at 6 :00 P. M. and crew's time would be continuous as far as the supper hour is concerned? Answer: Answer to Original Question No. 86 applies to this Question. Supplemental Question 24: If crew is held responsible for engine during meal hour are they entitled to pay? Manager holds that it is the duty of the engine crew to protect the com- pany's property even though they are not on duty. Answer: Answer to Original Question No. 80 applies to this Question. SUPPLEMENTAL QUESTIONS UNDER ARTICLE V. Supplemental Question 25: If management requires engi- 55 neers to report for duty at leaving time of train or only a few minutes prior to leaving time, will the engineers be relieved of the responsibility of oiling, seeing that engine has necessary sup- plies and equipment, and for failure caused by negligence of other employes who are assigned to the work of inspecting and preparing the engine for the trip? Answer: The Board declines to take any action on this subject, and refers the matter back to the men and the Manage- ments for adjustment. Supplemental Question 26: If crews are required to take charge of engine or are relieved at outside point, and are re- quired to report at roundhouse, or register in and make report, where would payment begin and end? Answer: Crews will be relieved under the Award when engine is placed on designated track, or Engineer or Fireman is released. SUPPLEMENTAL QUESTIONS UNDER ARTICLE VI. Supplemental Question 27: Crew arrives at designated yard switch track connection at 6 :00 P. M. They consume twen- ty minutes in placing their train on designated yard track, and taking their engine to designated roundhouse track, arriving at designated roundhouse track at 6:20 P. M. They are then re- quired to inspect their engines and make out the necessary re- ports thus consuming twenty minutes additional time, having completed their work at 6 :40 P. M., would they be entitled to 40 minutes final terminal delay under the Award? Answer: Answer to Supplemental Question No. 26 applies to this Question. SUPPLEMENTAL QUESTIONS UNDER ARTICLE VIII. Supplemental Question 28: If an assigned crew is held at away-from-home terminal 24 hours, plus the usual time detained at such terminal, for the purpose of waiting for cars, and this is a weekly practice, would not the crew be entitled to pay, account of being held away from home terminal as provided in the Award? Answer: Answer to Original Question No. 112 applies to this Question. 56 SUPPLEMENTAL QUESTIONS UNDER ARTICLE IX. Supplemental Question 29: Would it be considered that a fireman had exercised his seniority rights if he was pulled off as a fireman and deadhead to some outlying point for service as an engineer, even though he was the oldest fireman in line of seniority on the division and the engineers on the extra board were all working? Answer: If he was ordered by the Company to relieve the Engineer he would be entitled to pay under the Deadhead Rule. Supplemental Question 30: Was it the intent of the Award to restrict or prevent engineers and firemen from obtaining a leave of absence unless they were willing to pay the deadhead mileage of crew sent to relieve them? Answer: No. SUPPLEMENTAL QUESTIONS UNDER ARTICLE X. Supplemental Question 31: Are Hostlers entitled to Meal Hour? Answer: Answer to Original Question No. 121 applies to this Question. Supplemental Question 32: Where roundhouse employes have been classed as Hostlers, although not being required to make main line movements, and not having been represented in the past by either the engineers or firemen, will they still be classed as Hostlers and will they come under the $4.20 rate ? Answer: Answer to Original Question No. 121 applies to this Question. Supplemental Question 33: In some instances the Com- pany has abolished the Hostlers and retained them in the service under different designations, viz.: "fire knockers" and in- creased the roundhouse foreman's salary to $3.00 per day and required him to do the hostling ; and in other instances employes who had previously been performing Hostler service were in- structed to put their time in "two hours handling engine and one hour coaling engines" and the rest "knocking fires," at a salary of 18 cents per hour? Answer: Answer to Original Question No. 121 applies to this Question. 57 Supplemental Question 34: Under the Award has the Company the right to discontinue the position of engine de- spatcher and call the men filling the position an engine handler, and displacing the enginemen, who have always held the job, by a man who was taken from the job of knocking fires? Answer: Answer to Original Question No. 121 applies to this Question. Supplemental Question 35: If Hostlers are required to try injectors, gauge cocks, water glass cocks, and to inspect valves for steam leaks inside of cab, make out report on air on each engine handled, and are held responsible for this, would they be entitled to the $4.20 rate? Answer: Answer to Original Question No. 121 applies to this Question. Supplemental Question 36: If required to take engine and switch out tanks, dead engines, move dead engines, switch cars on pit track or store room track, what rate would apply? Answer: Answer to Original Question No. 122 applies to this Question. Supplemental Question 37: Would it not be unfair for the Company to use crews engaged in trying out engines to go to East Clinton and bring engines or tanks over to Comanche roundhouse and vice versa, formerly done by the hostlers, and thus deprive them of the $4.20 rate? Answer: This question did not come before the Board for adjustment. Supplemental Question 38: The Company contends that, when the position of Hostler is vacant, the engineers and firemen will be given the preference, but when they take the position they give up their seniority as engineer or fireman as the case may be? Answer: Seniority rules are not affected by the Award. Supplemental Question 39: Have the Company the right to displace "negro hostlers" by roundhouse employes, or will the engineers and firemen have preference for such positions over roundhouse employes or new men employed? Answer: Paragraph 2 of awarded Article X answers this Question. 58 Supplemental Question 40: On the C, St. P., M. & 0. E. E. the position of Hostler is filled from the ranks of engineers and firemen. Under those conditions can a Hostler be classed as roundhouse force? Answer: Answer to Original Question No. 121 applies to this Question. Supplemental Question 41: Does the fact that an engineer or fireman accepts a position as Hostler, by the terms of the Award, force him to relinquish his seniority standing? Answer: Answer to Supplemental Question No. 38 applies to this Question. Supplemental Question 42: Does the Award contemplate, in any particular, the restriction of the Organizations' right to legislate for Hostlers on any road covered by this arbitration? Answer: The Award is without prejudice as to this Question. Supplemental Question 43: Under the Hostler rule as awarded, is it permissible for the Company to "work Hostlers on a spread of over twelve hours without paying them overtime, or in other words, can the Company deduct the dead time in any spread to avoid paying overtime. For example, a main line hostler reports for duty at 5 :00 A. M., works until 12 :00 M., and is then released until 4:00 P. M., when he again goes on duty and works until 8 :00 P. M., when he is finally released for the day. Please state if the dead time between 12 M. and 4 :00 P. M. can be deducted. If dead time cannot be deducted, would he be entitled to claim a minimum day for each period worked? Answer: The Award provides that twelve hours, or less, shall constitute a day's work in this class of service. Supplemental Question 44: The Company has abolished the hostlering jobs at Lafayette and Lake Charles, La. These jobs were hostlers' jobs for a number of years and tracing pay rolls records will show this. The work at Lafayette is done by using Eoundhouse Force for example: They are using one man for a time of two hours, then this man returns to the Eoundhouse and is put doing something else and then another man is taken out of the Eoundhouse and so on until the twelve 59 hours are done. For example: At Lake Charles one man is employed practically all night to do Hostler work, but in mak- ing his trip card, Roundhouse Foreman sent in two hours as hostler and ten hours as handy man. From my point of view the job cannot be handled in two hours. We consider it an all night hostlers' job from the amount of engines handled at that point, which are as follows : Two main line local engines. Two L. C. N. engines. Three switch engines. Local engines have to be turned every night on Wye about one-half mile from Round- house. Have to cross main line to give them coal, oil and water. The job is now filled by a Roundhouse man from Lafayette, but is vacant. Do you think that job could be bulletined and given to an engineer or fireman? Answer: Answer to Original Question No. 121 applies to this Question. Supplemental Question 45: Is it permissible in applying the Award, to discontinue the practice of Hostlers who were formerly required to put engines on trains, thereby offsetting the $4.20 rate when required to make main line movements, and require the engine crew to do this work? Answer: Questions of this character did not come before the Board for adjustment. Supplemental Question 46: Was it the intent of the Board to abrogate old rules providing for meals and require the hostlers to work twelve hours continuously without being allowed time to eat? Answer: Not when the employes elect to retain existing rules. Supplemental Question 47: Was it the intent of the Board that the awarded rates should apply to the St. L. Terminal Assn. Manager has failed to put the Award into effect? Answer: Yes, insofar as they apply to the service of that road. Supplemental Question 48: Will a Hostler receiving the $4.20 rate be entitled to an hour off for his meals in accordance with the meal hours for Hostlers contained in firemen 's schedule which provides for additional pay if used during the meal hour ? 60 Answer: Existing conditions as to payment for meal hour are not prejudiced by the Award. __ SUPPLEMENTAL QUESTIONS UNDER ARTICLE XIV. Supplemental Question 49: Under the Award are rail- roads permitted to require Hostlers to fill lubricators, , flange oilers, lamps, etc.? Answer: This question did not come before the Board for adjustment. Supplemental Question 50: In regard to placing supplies on the locomotive, the Company holds that ice is not a supply; therefore, they will not place same on engines. Answer: The Board did not attempt to designate the character of "supplies." GENERAL. Supplemental Question 51: Has Manager the right to annul a favorable rule in order to offset the additional cost of transfer service? Answer: The Board declined to take any action in regard to Transfer Service, except to refer the subject back to the Engineers and Firemen and the Management of the individual roads for adjustment upon such conditions as the parties may agree. Supplemental Question 52: We contend that, according to the Award, the Company has not the right to change home terminal for the purpose of offsetting or beating the terms of the Award. They contend that they have such right, and, in fact, have made some changes on the railroad in order to offset the Award. Answer: Answer to Supplemental Question No. 2 applies to this Question. Supplemental Question 53: They also claim that they have a right to put on regular assigned crews in order to defeat the Award. The position of employes is that Company has no right to make these changes for the purpose of cheapening the Award. ' 61 Answer: Answer to Supplemental Question No. 2 applies to this Question. Supplemental Question 54: If managers' contention is sustained by the Board (which is the abrogation of the present work train rules if they adopt the awarded rate) does that mean that all through freight rules, such as automatic release at terminals and special allowance for switching or re-railing cars, or loading or unloading stock, will apply as work train rules ? Answer: The regulations pertaining to work-train service were not submitted to the Board beyond the rate of pay. There- fore present work train rules in individual schedules remain in effect with awarded rates. Supplemental Question 55: "Was it the intent of the Board to eliminate the short run rule's in firemen's schedule? Answer: The Board made no provision for short runs in freight service. Chicago, Illinois, August 30, 1915.. (Signed) J. C. PRIT CHARD,, Chairman, (Signed) CHARLES NAGEL, (Signed) H. E. BYRAM, (Signed) W. L. PARK, (Signed) F. A. BURGESS, (Signed) TIMOTHY SHEA, Arbitrators. Attest : H. S. Milstead, Secretary. CORNELL UNIVERSITY LIBRARY 3 1924 078 705 930 DATE DUE GAYLORD PRINTED IN U.SA