by representatives of the three carriers' Conference committees and the four organizations named. 16. This Memorandum of Agreement, which provided for an increase in rates of pay for men in yard service of 23¢ per hour, effective October 1, 1950, with an additional wage increase of 2¢ per hour, effective January 1, 1951, and also wage increases for men in road service as well as disposition of disputes on several rules governing working conditions, was referred to the Committee of General Chairmen of the Brotherhood of Locomotive Firemen and Enginemen for approval. On December 29, 1950, the Brotherhood of Locomotive Engineers announced that their general committee had instructed their Negotiating Committee to return to Washington to negotiate a more favorable settlement. The Memorandum of Agreement was rejected by the Committees of the Brotherhood of Locomotive Firemen and Enginemen and Brotherhood of Railroad Trainmen on January 5, 1951, and by the Committee of the Order of Railway Conductors on January 7, 1951. 17. Representatives of the four organizations, including the Brotherhood of Locomotive Firemen and Enginemen, returned to Washington, D. C., on January 17, 1951. After a conference with Dr. Steelman and the members of the National Mediation Board at the White House on January 18, 1951, the dispute was returned to the National Mediation Board on January 19, 1951 for further handling with the parties. 18. Separate and joint meetings were conducted almost daily with representatives of the carriers' conference committees and the four organizations by members of the National Mediation Board from January 19, 1951, through February 20, 1951, on which date recess was taken to permit representatives of the carriers and the organizations to appear and testify at hearings conducted by the Senate Committee on Labor and Public Welfare which commenced on February 22, 1951 and concluded on April 5, 1951. 19. Following conclusion of the hearings before the Senate Committee, conferences were resumed by members of the National Mediation Board with representatives of the carriers' conference committees and all four train and engine service organizations. A proposal for settlement of the dispute was made by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen and Order of Railway Conductors to the carrier representatives through the National Mediation Board on April 28, 1951. Copy of this proposal is attached marked exhibit "A." 20. On May 10, 1951, the carrier representatives advised this Board that the proposal of April 28, 1951, did not afford a basis for settlement of the dispute. Copy of carriers' letter is attached marked exhibit "B." 21. After separate negotiations between representatives of the three carriers' conference committees and those of the Brotherhood of Railroad Trainmen, an agreement was signed by them on May 25, 1951, disposing of the dispute so far as it concerned this Brotherhood. 22. Meetings were resumed between members of the National Mediation Board, representatives of the carriers' conference committees and those of the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen and Order of Railway Conductors on June 6, 1951. At the request of the National Mediation Board the carriers presented, on June 14, 1951, proposed complete agreements drawn for the purpose of implementing the provisions of the Memorandum of Agreement of December 21, 1950, mentioned above. These proposals were considered by the General Chairmen's Associations of the three organizations and on June 28, 1951, the chief executive of the three organizations advised the Board that the carriers' proposals of June 14, 1951, were not acceptable. 23. No further handling was given this dispute until July 24, 1951, on which date an exchange of correspondence was resumed between the members of the National Mediation Board and the representatives of both the carriers and the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, and Order of Railway Conductors, which resulted in an offer of the organizations to submit "the controversy" to arbitration. 24. On August 9, 1951, the chairmen of the three carriers' conference committees addressed a letter to the Board containing a summary of the proposals made by the carriers for settlement of the controversy with the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, and Order of Railway Conductors. They also stated specifically the subjects which the carriers were willing to arbitrate. A résumé of these proposals is attached, marked exhibit “C." 25. On August 21, 1951, the Board was informed by representatives of the organizations that the carriers' proposals submitted in their letter of August 9, 1951, were unacceptable to them as a basis for settling this dispute. 26. On November 6, 1951, the Brotherhood of Locomotive Firemen and Engine men set a time of 3:00 P. M., Thursday, November 8, 1951, for the withdrawal from service of employees represented by the Brotherhood on the following carriers: Baltimore and Ohio Railroad Company; the Chicago and North Western Railway Company including the Chicago, St. Paul, Minneapolis and Omaha Railway Company; the Louisville & Nashville Railroad Company and the Terminal Railroad Association of St. Louis. 27. On November 6, 1951, the Chairman of the National Mediation Board notified the President of the United States, in accordance with the provisions of Section 10 of the Railway Labor Act, that in the judgment of the Board this dispute threatened substantially to interrupt interstate commerce to a degree such as to deprive certain sections of the country of essential transportation service. 28. On November 6, 1951, the President issued Executive Order 10303 creating an emergency board to consider and report on the issues in dispute between the carriers and the Brotherhood of Locomotive Firemen and Enginemen. This Emergency Board commenced its hearings in Washington, D. C., on November 27, 1951, the hearings being concluded on December 17, 1951. The report of this Emergency Board to the President was filed on January 25, 1952. Shortly thereafter, the President of the Brotherhood of Locomotive Firemen and Enginemen notified the President that the report and recommendations of the emergency board were unacceptable. 29. On November 29, 1951, the Brotherhood of Locomotive Engineers requested the National Mediation Board to take the necessary steps to obtain the appointment of an emergency board to investigate and report on the issues in dispute between that Brotherhood and the carriers. This request was withdrawn on January 15, 1952. 30. Furher conferences were held between representatives of the carriers, the Brotherhood of Locomotive Engineers, the Brotherhood of Locomotive Firemen and Enginemen, and the Order of Railway Conductors, and the members of the National Mediation Board, commencing on January 11, 1952, and continuing in February 1952, but these conferences proved fruitless. 31. On January 30, 1952, the Brotherhood of Locomotive Engineers submitted a report on the issues involved to all Engineers represented by the organization, individually, together with a ballot on which the engineers were requested to indicate whether or not the Chief Executive of the organization would be empowered to call a strike. The result of this strike ballot has not been publicly announced. 32. At 9:00 A. M., Eastern Standard Time, March 9, 1952, employees in road and yard service represented by the Brotherhood of Locomotive Engineers, the Brotherhood of Locomotive Firemen and Enginemen, and the Order of Railway Conductors of the New York Central Railroad Company, Lines West, including the Toledo and Ohio Central Railway Company, and the Terminal Railroad Association of St. Louis withdrew from the service of those carriers. EUGENE C. THOMPSON, Secretary, National Mediation Board. Subscribed and sworn to before me this 10th day of March 1952. EXHIBIT A Notary Public. BASIS OF AGREEMENT PROPOSED BY BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, AND ORDER OF RAILWAY CONDUCTORS, APRIL 28, 1951 YARD, TRANFER, BELT LINE AND HOSTLER SERVICE Increase all basic rates of pay as follows (Pre-Conversion Rates): Effective Oct. 1, 1950_ Effective Jan. 1, 1951 Effective Apr. 1, 1951---. Total_ Cents per hour 23 2 8 33 YARD, TRANSFER, BELT LINE AND HOSTLER SERVICE 5 Day, 40-Hour Week: Establish 5 day, 40-hour week in yard, transfer, belt line, and hostler service, using same formula as used in applying the 5 day, 40-hour week to the nonoperating group, contingent upon reaching an agreement on the necessary implementing rules, conversion to be at the option of committees on the individual carriers, such option to be exercised any time after Jule 1, 1951, upon sixty days notice. Engineers and motormen1 Base rate-Average straight time hourly rate, not including the 10¢ per hour granted in 1948__ Conversion rate-20% of basic rate. In lieu of 10¢ per hour granted in 1948. Increase to nonoperating employees, Feb. 1, 1951. Increase to nonoperating employees, Apr. 1, 1951. Total Firemen and helpers1 $2.175 Base rate-Average straight time hourly rate, not including the 10¢ per hour granted in 1948- Conversion rate-20% of basic rate_. In lieu of 10¢ per hour granted in 1948 Increase to nonoperating employees, Feb. 1, 1951. Total 1 Same formula to be applied in establishing 5-day, 40-hour week for outside hostlers, inside hostlers, and outside hostler helpers; also car retarders, yard foremen, yard helpers, and switch tenders. ORC (ONLY) Agreement embodying principles applicable to yardmasters to be entered into for benefit of yardmasters. Dining car stewards, chefs and cooks to be granted wage increases equal to those granted other employees. Grant yard conductors and brakemen other rules such as daily earnings minimum, car retarder operators and footboard yardmasters as recommended by Emergency Board No. 51. (sic.) The increases herein provided for will be applied to the basic daily rates of pay for all classes and grades of road train service employees shown in tables on Pages 52, 53, 54, and 55 of Emergency Board No. 81's Report dated June 15, 1950. Existing differential between Asst. Conductors-Ticket Collectors and passenger conductors will be maintained. Existing differential between baggagemen and passenger brakemen will be maintained. SAVINGS CLAUSE The usual protections for arbitraries, miscellaneous rates, special allowances, existing money differentials above existing standard daily rates, mountain and desert differentials will be included in the agreements. MORATORIUM (BLF&E AND ORC ONLY) If a moratorium rule is to be included in the agreement, it should contain a provision for an annual increase, as an improvement factor, of 4¢ per hour or 32¢ per day to be added to all basic rates of pay in each class of service during the time the moratorium is in effect. COST OF LIVING ADJUSTMENT Include an escalator clause providing for quarterly adjustment of wages on basis of cost of living index issued by the Bureau of Labor Statistics (1 point to equal 1¢ per hour) with arbitrary base fixed at 184.0. First adjustment to be made July 1, 1951, based on the Price Index as of May 15, 1951. INTERDIVISIONAL RUNS This question to be referred back to the individual properties for further handling on the following basis: Where a carrier desires to establish interdivisional, interseniority, intradivisional, or intraseniority runs in passenger or freight service, the carrier shall give notice to the general chairmen of the organizations involved of its desire to establish such runs, giving detailed information with respect to the manner in which the crews will be assigned, including the specific trains on which the crews will operate in both directions, the length of lay-over at the away from home terminal, etc., the purpose being to furnish the employes with all necessary information to the end that the employes will be able to determine the extent to which their wages and working conditions will be changed and the added expense that will be imposed upon them as result of the adoption of the changes proposed by the carrier. At least six months' time from the date of this agreement will be allowed, within which to permit the carriers and the employe representatives on the individual properties to handle any changes proposed by the carriers under this rule and within the procedures provided in the Railway Labor Act, all unsettled questions to be handled on a national basis between duly authorized representatives of the carriers and of the employe organizations involved at a time to be mutually agreed upon. With respect to specific cases not finally settled on the national conference basis, the conferees will in good faith undertake to agree upon a method for ultimate and final disposition thereof. MORE THAN ONE CLASS OF ROAD SERVICE Road crews performing more than one class of road service in a day or trip will be paid for the entire service at the highest rate applicable to any class of service performed with a minimum of one hundred (100) miles for the combined service. The overtime basis for the rate paid will apply for the entire trip. (a) This rule will not permit the combining of road service with either yard or helper service. (b) This rule will not affect existing agreements covering lap backs or side trips, nor miscellaneous rules or agreements which provide for arbitrary or special allowances for time consumed or service performed not incidental to the principal trip except as provided in the following paragraph: (c) When crews in assigned or unassigned freight service are required to perform service not incidental to their principal trip enroute on their regular trip or assignment, they will be compensated for all time consumed in such additional service up to four hours, on the minute basis, at the highest rate applicable to any class of service performed on the day or trip with a minimum of one hour in addition to and without deduction from the regular allowance for the day or trip. If used in excess of four hours they will be paid not less than 100 miles in addition to and without deduction from the regular allowance for the day or trip. In no case will the earnings of crews so used be less than a basic day or the earnings of the trip or assignment exclusive of the payments above referred to. REPORTING FOR DUTY (a) In assigned road service where employees have a regular time for reporting for duty without being called and the train to which they are assigned is running more than one hour late, management may make one set back, not to exceed two hours, in the reporting time and compute compensation of the employees accordingly; provided, advance notice and a specified time to report is given at least two hours before the regular reporting time. Length of advance notice may be extended by mutual agreement between representatives of carrier and employees on individual railroads. (b) Failure to comply with the provisions of paragraph (a), employees will be considered on duty as of the regular reporting time. (c) Carriers will assume all expense incurred in giving advance notice under paragraph (a). (d) Calling rules on individual railroads are not affected in any manner. YARD SWITCHING LIMITS Where an individual carrier, after the effective date of this rule, finds it necessary to provide adequate switching service for new industries locating on the property, it will be permissible to use switching crews for this purpose outside of existing switching limits for a distance of five (5) miles. However, when such switching crews have accumulated the equivalent of thirty (30) 8-hour days' time, a road crew will then be assigned and used to perform such switching service until the time accumulated by the switching crews has been equalized, the purpose being to equally divide all such switching service between the road service employes and the yard service employes until such time as there is sufficient switching available to require the full time of one crew for eight (8) hours a day, when a road crew will be assigned thereto. For the purpose of applying this rule the carrier will keep an accurate account of the engine hours consumed in the switching service involved. Where a carrier desires to expand present yard facilities or construct new yards outside of switching limits, the duly authorized representatives of the carrier and the employes will meet and handle the matter under the provisions of the Railway Labor Act as amended. EXHIBIT B NATIONAL MEDIATION BOARD, Washington, D. C. At WASHINGTON, D. C., May 10, 1951. GENTLEMEN: The carriers have considered the proposals of the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, and Order of Railway Conductors, dated April 28, 1951, and entitled "Basis of Agreement." These proposals do not afford a basis for settlement of the current dispute. The carriers are still willing at this date to carry out the agreement of December 21, 1950. Under the agreement roadmen would now be receiving an increase of 18 cents an hour or $1.44 per basic day over rates in effect September 30, 1950, and yardmen would be receiving an increase of 33 cents an hour or $2.64 per basic day over rates in effect September 30, 1950. The carriers have made proposals with respect to the rules specified in the agreement of December 21, 1950, and have repeatedly stated if the parties cannot agree on the rules changes the carriers are willing to submit them to arbitration as provided by the agreement. Yours very truly, L. W. HORNING, Chairman, Eastern Carriers' Conference Committee. Chairman, Western Carriers' Conference Committee. W. S. BAKER, Chairman, Southeastern Carriers' Conference Committee. |