Notice! This document is for the information of UTU members. If there is any discrepancy between this version of our collective agreement and the current printed version issued to our members the printed version will be considered correct.

"File, Save As" on your browser to save as html or plain text.

COLLECTIVE AGREEMENT

BETWEEN

B.C. RAIL LTD.

(hereinafter called the "Railway")

and

The Council of Trade Unions on BC Rail Ltd.

(hereinafter called the "Council")

on behalf of

The United Transportation Union

Locals Nos. 1778 & 1923

(hereinafter called the "Union")

Representing a sub-unit of B.C. Rail Ltd. Employees

Composed of

Road Train Conductors, Trainmen, Brakemen,
Train Baggagemen, Yardmen, Switch Tenders
and Yardmasters.

Employed on

B.C. Rail Ltd.

January 1, 1996 to December 31, 1997

TABLE OF CONTENTS

Article Page No.

119 Accommodation 40

104 Administration of Agreement - Grievance Procedure 13

116 Annual Vacation With Pay 35

127 Assigned Road Service 52

201 Basis of Pay in All Services Except Yard Service,
Work/Construction Train Service,
Automatic Terminal Release 84

144 Bridges and Trestles 83

126 Broken Time 51

129 Cabooses and Resthouses 54

124 Called and Cancelled 48

123 Calling 47

204 Cleaning Coaches 90

146 Company Vehicles 84

305 Conductors Positions 105

203 Consist Of Crews - Passenger Train Service
Consolidated Wage Schedules 88

102 Construction Trains and Self - Propelled Equipment Operating on Construction Track Outside Yard Limits 10

402 Contracting Out 134

404 Council Funding 138

142 Crew Reduction Monitoring Committee 81

211 Crew Running Off Assigned Subdivisions 93

125 Deadheading 49

309 Deduction Of Union Dues 111

103 Detouring 13

114 Electric Lanterns 30

101 Employee Status 9

120a Experienced Men 40

120 Full Crew 40

143 Future Negotiations Respecting Reduced Crews 82

131 General Holidays 59

115 Group Insurance Plans 31

208 Heavy Material, Grain Doors, Train Inspection
and Seal Records 91

121 Held Away from Home Terminal 42

111 Household Goods

107 Investigations and Attending Court, Discipline,
Written Reprimands and/or Warning Letters,
Payment for Required Medical Examinations and Required Attendance at Instructional Programs and Periodic Rules Examinations 107

133 Jury Service. 76

109 Leave of Absence and Bereavement Leave 24

403 Local Rules 136

132 Material Changes in Working Conditions 64

117 Meals 39

306 No Applications Received 105

130 Pay Every Two Weeks 59

134 Picket Lines 134

301 Preference Of Work and Promotion. 98

137 Protected and Unprotected Employees 78

139 Protection for Trains Operating with Reduced Crews 79

140 Radio Communications Respecting Reduced Crews 80

202 Rates of Pay Per Hour for Passenger
and Freight Trainmen 88

145 Reduced Crews - Definition of Terms
Reducible Position; Blanked Position;
Protected Employee; and Unprotected Employee 83

122 Rest 43

118 Seats on Locomotives 39

108 Seniority and Promotion 22

106 Shortages and Overpayments 18

207 Snow Service 91

307 Spareboard 107

308 Spareboard Guarantee 110

304 Temporary Vacancy 103

Term of Agreement 8

Terms 9

138 The Assignment of Duties to Reduced Crews 79

141 The Movement of Employees Resulting from the Implementation of the Reduced Crew Consist 81

136 The Operation of Reduced Crews 77

105 Time Limit on Claims. 17

213 Trackmobile Operating Within Designated

Area of Squamish Shops 98

135 Training Allowance 77

303 Trainman Displaced 102

112 Transportation 29

147 Travel Insurance 84

210 Turns Away from Home 93

302 Unassigned Service 101

209 Unassigned Service Terminals 92

113 Uniforms - Safety Clothing
and Footwear Allowance 29

405 Union - Management Consultation 139

110 Visual Acuity, Physical and Hearing Tests 27

205 Water Service 90

128 Way Freight Service 53

212 Work Train Service and Self- Propelled Equipment 94

401 Yard Service Rules 114 - 134

Rule Advance Call

Annulling Regular Yard Assignments

Rule Cabooses - Transfer Service

Conductor - Pilot on Self-Propelled Equipment

Date of Ticket for Pay Purposes

Days Off

Definition of Work Week

Designated Point for Going

On and Off Duty

Filling Positions

Filling Water Cars

Five Consecutive Days Per Work Week

Five Day Work Week

Full Crew

Guarantee

Hoses - Coupling and Uncoupling

Incompetent Yardmen

Locomotive Condition

Lunch Period

Manning of Regular Yard Assignments

Minimum Day

Overtime

Overtime - Exceptions

Overtime - Spare Trainmen

Rates of Pay for Yard Service

Regular Yardmen Laying Off

Relieving Regular Assignments

Rest

Starting Time

Supervisors - Use of in Yard Service

Switching Limits

Use of Spare Men on Overtime

Yard Crew on Self - Propelled EquipmentÄ

Yard Rights of Trainmen in the Yard to

Which Regularly Assigned

Manning of Extra Yard Engines

Yard Service - Interpretation

Yardmen Not to Operate Weigh Scales or Water Livestock

407 Union Educational Fund 145

408 Joint Safety Advisory Committee 145

APPENDICES

Article 401

-Rule 25 Clarification 157

Cabooseless Conductor Only
Changes to Collective Agreement 208 - 234

Coal Service Agreement 172

Consolidated Wage Rates 152

Flexible Separation Plan 235

Fort Nelson Agreement 156

Letters of Understanding 158 - 207

Meals In Work Service 171

Right to Refuse 239

Signature Page 242

PREAMBLE:

This Agreement is effective the First day of January, A.D. 1993, except as otherwise provided, and supercedes all previous agreements, rulings, or interpretations which are in conflict therewith.

Gender Neutral Terms

Whenever the use of male gender is used herein, it shall apply equally to the female gender.

Within the context of gender neutral language referral to headings shall be used for the purposes of reference only and may not be used as an aid in the interpretation of the Agreement.

TERM OF AGREEMENT

Except as otherwise provided herein, this Agreement shall be in full force and effect from the first day of January A.D. 1993 until the thirty-first day of December A.D. 1995 and shall remain in full force and effect from year to year thereafter PROVIDED THAT either Party may, not less than ninety (90) days and not more than one hundred and twenty (120) days immediately preceding the thirty-first day of December A.D. 1995 or immediately preceding any succeeding thirty-first day of December therefor, by written notice to the other Party:

(a) require the other Party to commence collective bargaining with a view to the conclusion of a renewal or revision of the Collective Agreement, or a new Collective Agreement.

(b) terminate the Agreement on the next succeeding anniversary date thereof, and require the other Party to commence collective bargaining with the view aforesaid; or

(c) terminate the Agreement on the next succeeding anniversary date thereof. Except where an article indicates its effective date, all revisions from the previous Agreement and all new rules will become effective from the 23rd day of November A.D. 1993.

Should either Party give written notice to the other Party pursuant to subsection (a) hereof, this Agreement shall thereafter continue in lull force and effect until the Railway shall give notice of lock out, or the Parties shall conclude a renewal or revision of the Agreement or a new Collective Agreement.

TERMS

(a) The term "Trainman" as used in this Agreement shall be understood to include Conductor, Baggageman and Brakeman.

(b) The term "Yardman" shall be understood to include Yard Foreman and Helper.

(c) The term "Employee" shall be understood to include both Trainmen and Yardmen.

ARTICLE 101

EMPLOYEE STATUS

In the event of BC Rail Ltd. being absorbed by any other Railway or sold or leased to another Railway or private interests, the seniority rights established by the employees on BC Rail Ltd. will not be disturbed.

ARTICLE 102

CONSTRUCTION TRAINS AND SELF-PROPELLED EQUIPMENT OPERATING ON CONSTRUCTION TRACK
OUTSIDE YARD LIMITS

(A) CONSTRUCTION TRAINS

(i) Construction trains, whether the work is being done by the Railway or by the contractor will be manned by BC Rail Ltd. trainmen. Construction trains are defined as trains working in construction territory. Construction territory is understood to be track not yet approved by the Ministry of Transportation and Highways for the operations of regular trains.

(ii) Trainmen assigned to construction train service and held in that service will be paid from the time they come on duty until tied up, and will be paid not less than eight (8) hours for every working day so held, not including overtime lapping from previous day. Eight (8) hours or less to constitute one day, overtime after eight (8) hours at one and one half the straight time rate.

RATES OF PAY IN CONSTRUCTION TRAIN SERVICE
PER DAY OF 8 HOURS

Per Day Per Hour

S.T. O.T.
for after
8 hrs. 8 hrs.

Effective September 1,1993

Conductor $181.84 $22.73 $34.10
Brakeman $164.72 $20.59 $30.89
Effective January 1,1994
Conductor $185.44 $23.18 $34.77
Brakeman $167.92 $20.99 $31.49
Effective January 1,1995
Conductor $189.52 $23.69 $35.54
Brakeman $171.60 $21.45 $32.18

(iii) A construction train crew will consist of not less than one (1) Conductor and one (1) Brakeman.

(iv) Assigned construction trains will not be used for switching of cars in an operating yard when such switching is not incidental to the work being performed by the construction train.

(v) Trainmen assigned to construction trains will not be considered absent from duty from the time work is through Saturday night until usual starting hour Monday morning, unless notified, in writing, before they are tied up Saturday night that they will be required. If so notified and not used, they will be paid not less than one day's pay at construction train rate for each day so held and not used.

NOTE: The provisions of paragraph (v) will not apply when the construction train is working on Sunday to accumulate time off and when such accumulation of time is being taken off without pay.

(vi) Crews assigned to construction train service may be laid up at intermediate points at the end of their day's work when necessary to do so.

(vii) Regular starting time will be advertised in the bulletin calling for construction trains and will apply when the construction train is tied up at any point. To meet construction contingencies, starting time may be changed by three (3) hours providing that the crew is notified the day before on completion of shift. When not so notified, the bulletined starting time will apply. In cases of emergency, this understanding does not apply.

(viii) There will be no change in the rate of pay or conditions for trainmen in construction train service who handle revenue traffic in conjunction with such construction train service.

The handling of revenue traffic in construction train service will only be required until such time as the track under construction has been approved for the operation of regular trains by the Ministry of Transportation and Highways.

The foregoing is intended to provide for the occasional handling of revenue traffic as required. It does not permit the handling of revenue traffic on a regularly scheduled basis.

(B) SELF-PROPELLED EQUIPMENT OPERATING ON CONSTRUCTION TRACK OUTSIDE YARD LIMITS

With the exception of off track equipment all self-propelled equipment operating on construction track outside yard limits such as locomotive cranes, self-propelled drivers, self-propelled hoists, self-propelled ditchers, self-propelled rail loaders, and self-propelled shovels when used in the moving or switching of cars or empties along construction tracks where they are being loaded or unloaded of material or supplies incidental to their work shall have a Conductor-Pilot in charge.

NOTE 1: Pilot on self-propelled equipment operating on construction track will be paid on the same basis as a Conductor in construction train service.

NOTE 2: Self-propelled equipment shall not be used in handling of revenue loads.

ARTICLE 103

DETOURING

Foreign trains detouring over BC Rail Ltd shall be manned by BC Rail Ltd. crews. The question of operation under joint section or running rights agreement to be the subject of discussion between the Railway and the Union.

ARTICLE 104

ADMINISTRATION OF AGREEMENT_
GRIEVANCE PROCEDURE

(a) Nothing in this Agreement prevents the addition, deletion or revision of any provision thereof during the term of the Agreement and the representatives of the Railway and of the employees shall meet at the request of either party for that purpose. If mutual agreement cannot be reached on any addition, deletion or revision of any particular provision, consideration of the proposed change in the provision shall be deferred for the term of the Collective Agreement.

(b) Any question of interpretation of this Agreement which may arise may be taken up by the General Chairman or Acting General Chairman, with the Vice-President, Rail Operations, or his representative, and if not satisfactorily adjusted may be progressed further as provided for in the grievance procedure.

(c) In this agreement, unless the context otherwise requires, "grievance" means:

(i) Any dispute or difference between the employer and the Union concerning the dismissal of an employee, bound by the Agreement, and

(ii) Any dispute or difference between the persons bound by the Agreement concerning its interpretation, application, operation, or any alleged violation thereof, including any question as to whether any matter is arbitrable.

(iii) "Party" means a party to the Agreement.

GRIEVANCE PROCEDURE

A grievance concerning the interpretation or the alleged violation of this Agreement, or an appeal on behalf of an employee who believes that he has been unjustly disciplined or discharged shall be processed in the following manner:

Step 1:

Within thirty (30) calendar days from the date of cause of grievance, the Local Chairman may present the grievance, in writing, to the Manager, Operations and Maintenance, who will give a decision in writing, as soon as possible but in any case, within thirty (30) calendar days of receipt of grievance.

NOTE: At any time after Step 1 of the Grievance Procedure and before Final Settlement of Disputes the provision for a third party recommendation to resolve any difference between the parties may be implemented as follows:

Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, Mr. John Kinzie and Mr. David McPhillips or a substitute agreed to by the parties, shall at the request of either party on a rotation basis;

(a) investigate the difference;

(b) define the issue in the difference; and

(c) make written recommendations to resolve the difference within five (5) days of the date of receipt of the request; and, for those five (5) days from that date, time does not run in respect of the Grievance Procedure.

Step 2:

Within thirty (30) calendar days of receiving the decision under Step l, the General Chairman may appeal the decision in writing to the Vice-President, Rail Operations. or his representative, who will give a decision in writing as soon as possible but in any case within thirty (30) calendar days of receipt of grievance.

GENERAL

(i) Any grievance not progressed within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to lurther appeal.

(ii) Where a decision is not rendered by the appropriate Officer of the Railway within the prescribed time limit, the grievance may be progressed to the next step in the Grievance Procedure.

(iii) When the grievance involves a claim for wages, and a decision by the appropriate Officer of the Railway is not rendered within thirty (30) days from date of appeal, the claim will be considered to have been settled on the basis of its submission.

(iv) The settlement of a grievance shall not, under any circumstances, involve retroactive pay beyond a period of ninety (90) calendar days prior to the date such grievance was submitted at Step 1 of the Grievance Procedure.

(v) A grievance concerning the interpretation or alleged violation of this Agreement, or an appeal on behalf of an employee, that he has been unjustly disciplined or discharged, and which is not settled at Step 2 of the Grievance Procedure, may be referred by either party for final and binding settlement as provided in "Final Settlement of Disputes".

(vi) A request for arbitration must be made within sixty (60) calendar days following the decision rendered by the Vice-President, Rail Operations, or his representative, by filing notice thereof according to paragraph (l) (i) under "Final Settlement of Disputes".

(vii) The time limits specified in this Article will be extended for thirty (30) days at the request of either party, or for such period as may be mutually agreed upon.

FINAL SETTLEMENT OF DISPUTES WITHOUT
STOPPAGE OF WORK

(1) If any grievance arises under this Agreement, it shall be finally and conclusively settled as follows:

(i) The grievance shall be set out in writing by the party wishing to resort to this procedure, and delivered to the other party. The parties shall confer forthwith, and if agreement is reached then decision shall be final.

(ii) Should the grievance remain unsettled for a period of fifteen (15) calendar days from the date of its written submission by one party to the other, or for such longer time as the parties may agree to, then it shall be referred to the Arbitrator for final settlement without stoppage of work.

(2) There shall be established in the Province of British Columbia a qualified permanent Arbitrator, for final and binding determination of disputes without stoppage of work.

(3) The parties shall endeavour to agree to the name of an Arbitrator. If agreement is not reached by the parties, the selection shall be made by the Minister of Labour for British Columbia.

(4) The Arbitrator shall be appointed for a term of one (l) year and may be reappointed for an additional term or terms of one (l) year as the parties may decide.

(5) When an Arbitrator has been selected he can only be replaced before the expiration of his term of office by mutual agreement of the parties.

(6) The cost of the Arbitrator to be borne by both parties equally.

ARTICLE 105

TIME LIMIT ON CLAIMS

(a) Where there is a question regarding time to be paid for, any portion not in dispute will be allowed, and employee advised within thirty (30) calendar days from date of receipt of ticket regarding portion -which is not allowed together with reason why not allowed, otherwise such claim will be paid. In cases where all time claimed on any time return is disallowed such return will, within thirty (30) calendar days, be returned to employee through proper Officer of the Railway, otherwise such claim will be paid.

(b) Claim for compensation not allowed will be progressed in accordance with the terms of the "Grievance Procedure".

ARTICLE 106

SHORTAGES AND OVERPAYMENTS

(a) For shortage of fifty ($50.00) dollars or more, time cheque will be issued. Shortage of less than fifty ($50.00) dollars will be paid on next payroll.

(b) Overpayments of fifty ($50.00) dollars or less, will be deducted on next adequate payroll.

(c) Overpayments of more than fifty ($50.00) dollars will be deducted at not more than fifty ($50.00) dollars per pay period.

(d) Copies of wage correction slips will be forwarded, weekly, to the Local Chairman concerned where time returns have been adjusted through interpretation of the Collective Agreement.

ARTICLE 107

INVESTIGATIONS, AND ATTENDING COURT, DISCIPLINE, WRITTEN REPRIMANDS AND/OR WARNING LETTERS, PAYMENT FOR REQUIRED MEDICAL EXAMINATIONS AND REQUIRED ATTENDANCE AT INSTRUCTIONAL PROGRAMS, AND PERIODIC RULES EXAMINATIONS

(a) INVESTIGATIONS AND ATTENDING COURT

(i) Employee held for Railway's investigations or on Railway business on the order of the proper Officer, or held off duty by order of the Railway to attend court or coroner's inquest on a legal case in which the Railway is involved, or subpoenaed by the Crown in such case, will be furnished with necessary transportation and paid as under:

(ii) Employee in assigned service will be paid for actual time lost; when no time is lost, pay will be allowed hour for hour for first eight (8) hours in each 24 hours so held, computed from the time required to report or to deadhead, on basis of 1/8 of daily rate applicable to service in which usually engaged.

(iii) Employee in unassigned service, or on spare board, will be allowed pay hour for hour for first eight (8) hours in each 24 hours so held, computed from time required to report or to deadhead on basis of 1/8 of the daily rate applicable to service in which usually engaged, and if he loses his turn pay will be allowed for lull day of eight (8) hours or actual time lost when such time can be clearly determined.

(iv) Actual reasonable expenses will be allowed when away from home terminal.

(v) In application of this Article no allowance will be made for deadheading. Any court witness fees will be assigned to the Railway.

(vi) The minimum daily payment under paragraphs (ii) and (iii) above shall be four (4) hours. Should the time payable under (ii) and (iii) be in excess of four (4) hours the minimum payment shall be eight (8) hours.

(b) DISCIPLINE

(i) When a hearing is to be held, each employee whose presence is desired will be notified as to the time, place and subject matter. The hearing must be scheduled to be held within thirty (30) days following the completion of the investigation except that the time will be extended for a further thirty (30) days at the request of either party and beyond that if mutually agreed.

(ii) An employee, if he so desires, may have an accredited representative of the Union assist him, who will be accorded the privilege of requesting the presiding Officer to ask, for the record, questions which have a bearing on the responsibility of the employee. The employee will sign his statement and be given a carbon copy of it.

(iii) The employee and/or representative shall have the right to be present during examination of any witness whose evidence may have a bearing on the employee's responsibility, or to be accorded the right to read the evidence of such witness and offer rebuttal thereto. The employee and/or representative will be permitted to cross-examine any witness whose evidence is used by the Railway in a hearing.

(iv) An employee will not be disciplined or dismissed until a fair and impartial hearing has been held and until the employee's responsibility is established by assessing the evidence produced and no employee will be required to assume this responsibility in his statement or statements. A hearing shall be held and the employee advised in writing of the decision within fifteen (15) days time from the time the report is rendered, except as otherwise mutually agreed.

(v) When Canada Post is used, postmark will determine date of advice to employee.

(vi) An employee is not to be held off unnecessarily. Layover time will be used as far as practicable. An employee who is found blameless or an employee called by the Railway as a witness, will be reimbursed for time lost, in accordance with Part (a) of this Article.

(vii) If the employee should desire to make an appeal from the decision rendered, it must be instituted at division level within thirty (30) days from his receipt of the decision.

(viii) When an employee is dismissed or resigns, he shall within five (5) days be paid, and as soon as possible on request be given certificate of service.

(ix) No employee will be fined.

(c) WRITTEN REPRIMANDS AND/OR WARNING LETTERS

Employees will receive a copy of any written reprimands or warning letters placed on their file.

Written reprimands and/or warning letters will be removed from employees' personal file after a period of two (2) years from date of issue.

Employees giving advance notice will have their personal files made available to them for review at the Railway's head offices.

(d) PAYMENT FOR REQUIRED MEDICAL EXAMINATIONS AND REQUIRED ATTENDANCE AT INSTRUCTIONAL PROGRAMS

(1) Employees who are required by the Railway to be medically examined will be paid two (2) hours at the pro rata rate of the service the employee last performed. This applies to off-duty hours.

(2) All medical examinations and travel costs related thereto will be paid by the Railway when the employee is required by the Railway to undergo a medical examination.

(3) Employees who are required by the Railway to attend instructional programs will be paid actual time with a minimum of two (2) hours at the pro rata rate of the service the employee last performed. This applies to off-duty hours.

(e) PERIODIC RULES EXAMINATIONS

An employee required to take a periodic examination in the Canadian Railroad Operating Rules (CROR) during his off-duty hours shall be allowed payment on the following basis:

(i) An employee required to take a periodic "B" or lower-class rules examination will be paid a minimum day at the brakeman's road rate of pay.

(ii) An employee required to take a periodic "A" rules examination will be paid a minimum day at the road conductor's rate of pay.

(iii) Payment will not be made to an employee directed to take a rules examination as disciplinary measure, nor will an employee be paid for taking a rules examination which he fails to pass to the satisfaction of the Rule Examiner.

(iv) Payment will not be made for examinations taken when entering the service.

ARTICLE 108

SENIORITY AND PROMOTION

(a) Seniority and promotion shall be from the trainmen's seniority list and will include joint rights to both road and yard services.

(b) The Railway will prepare a seniority list. An employee will have access at all time to such list, which will be posted in a conspicuous place at terminal registering points. Such list will be compiled and posted each year on January 1st and July 1st and will contain a list of all employees and their seniority standing.

(c) An employee whose standing is incorrectly shown must protest to the Crew Supervisor, in writing within ninety (90) days of the date of posting, except that an employee absent on leave or through illness may enter his protest within ninety (90) days after returning to service. If protest is not received within the prescribed time, as above stated, no action will be taken.

Where a protest involving seniority standing is not satisfactorily settled by the Crew Supervisor, the employee may turn the matter over to the Local Chairman to be progressed.

(d) A new employee shall not be regarded as permanent until after forty-five (45) tours of duty and if retained shall then rank on the seniority roster from the date and time he commenced his first pay trip. In the meantime, unless removed for cause, which, in the opinion of the Railway renders him undesirable for its service, the employee shall be regarded as coming within the terms of this Agreement.

Where an employee is found to be undesirable under the probationary clause of the Collective Agreement, the employee involved will be interviewed so that he may fully understand the reason for termination. The Local Chairman will be apprised of the facts leading to the decision, if the employee so desires.

In the application of this clause, on a prolonged tour of duty, each twenty-four (24) hour period, or less, shall be treated as a separate "tour of duty".

(e) An employee will, within four (4) years from initial date of employment be required to pass examination for promotion to Conductor. Employees required to write examination for promotion will be notified in writing and, within 30 days of written advice, he must complete and return the necessary examination. Employees will be advised in writing of status resulting from examination. Copy to be furnished to Local Chairman concerned.

(f) Promotion will be governed by merit and ability. An employee promoted will be placed on the Conductor's seniority list in accordance with his seniority standing as an employee.

(g) Any employee failing his first examination for Conductor will be given a second trial not less than two (2) months or more than six (6) months later, but will retain his original standing as employee. An employee subsequently promoted, after failing or refusing to pass his second examination, will rank as Conductor from date of passing his examination.

ARTICLE 109

LEAVE OF ABSENCE AND BEREAVEMENT LEAVE

(a) The General Chairman and the Local Chairman of Locals Nos. 1923 and 1778 or their representatives will be granted free transportation in accordance with standard regulations of the Railway and leave of absence when required for Union work; notice must be given to the proper Officer of the Railway in sufficient time to arrange relief.

Legislative Representatives (one from each Local ) will be accorded the same privilege.

The names of the Legislative Representatives will be supplied to the Manager, Operations and Maintenance.

Either the Secretary/Treasurer or the Vice Local Chairman of Locals 1778 & 1923 will be allowed a leave of absence for Union business provided eight (8) hours notice of such leave is given to the crew office.

(b) Employees,at the discretion of the Railway, will be granted leave of absence, not to exceed three (3) months permission to be obtained in writing. Such leave may be extended by application in writing to the proper Officer of the Railway in ample time to receive permission or return to duty at the expiration of leave of absence, or proof furnished as to bonafide sickness preventing such return.This leave shall include Union educational leave.

The General Chairman will be provided with a copy of the request for leave of absence if such request is for a period exceeding thirty (30) days.

(c) Leave of absence under this Article shall not be granted for the purpose of engaging in work outside the Railway's service, except in cases involving sickness or other exceptional circumstances when approved by the Manager, Operations and Maintenance. and the Local Chairman. Leave of absence under this Article shall be granted to any employee elected or appointed to any Civic, Provincial or Federal Government position on the request of the General Chairman.

(d) An employee on authorized leave of absence shall be continued on the seniority list.

(e) Employees who have been laid off due to reduction of staff will receive fifteen (15) days notice by registered mail when being recalled for service, provided other employees are available. Otherwise they will return to actual service when recalled. Employees who do not return to actual service within fifteen (15) days of the date of notice will be considered to have resigned and their records closed accordingly except that in exceptional circumstances, local arrangements may be made between the Manager, Operations and Maintenance and the Local Chairman to extend the fifteen (15) day period.

(f) An employee who has been five (5) years in the Railway's service may be granted leave of absence for one (1) year and retain his seniority rights.

(g) An employee accepting a position with the United Transportation Union will have his seniority protected and his name shown on the seniority roster with proper standing and date.

Any employee accepting an official position with the Railway, their number will cease to advance on the seniority roster beginning at the time the employee accepts a lull-time position with the Railway performing work other than that which is covered by the Collective Agreement.

In returning to train service the employee's number on the seniority roster will again begin to advance after ninety (90) days of performing the work covered by the Collective Agreement.

Should the employee at any time cease to pay the U.T.U. (T) dues, his name will be removed from the seniority roster, and his standing will no longer be protected at the frozen level.

It is understood that the employee accepting an official position with the Railway will enjoy full U.T.U. privileges provided he is a member of the U.T.U..

Note: Any employee who does not wish to continue as an official will have six (6) months from the date of signing of this Agreement to return to train service. If an employee elects to remain as an official his seniority will cease to advance from the date of signing of the Agreement, and thereafter will be governed by the above clause.

BEREAVEMENT LEAVE

(h) An employee shall after having completed forty- five (45) tours of duty be entitled to leave of absence with pay up to a maximum of three (3) calendar days upon the death of a member of his immediate family. Members of the employee's immediate family are defined as the employee's spouse, mother, father, sons and daughters (includes adopted), sisters, brothers, mother-in-law, father-in-law, step-mother, step-father, common law spouses, common law children, grandchildren, common law family to apply to above, son-in-law, daughter-in-law and grandparents. Notwithstanding the above, in the event of the death of an employee's spouse and/or dependent children the employee will be entitled to five (5) days bereavement leave without loss of pay effective January 1,1994. Effective January l, 1995 this entitlement for spousal and dependent children bereavement leave will increase to seven (7) days.

Payment for each day shall be a minimum day's pay at the rate applicable to the class of service in which regularly employed.

(i) The Railway may grant up to two days additional leave without loss of pay for travel relating to attendance at the luneral of a member of the employee's immediate family if the funeral is held out of the Province.

ARTICLE 110

VISUAL ACUITY, PHYSICAL AND HEARING TESTS

(a) An employee taken out of service on account of imperfection of sight or hearing will have an opportunity for re-examination within a reasonable time limit before an eye or ear specialist satisfactory to both parties, and if the specialist finds his sight or hearing to be within the requirements of the Railway he will be reinstated and paid for the time lost, plus reasonable actual expenses.

Similar procedure to govern in instances where an employee is taken out of service on account of physical disability.

(b) The Railway and the Council agree that employees should not be subjected to sustained noise levels which could cause hearing impairment. To this end, the Railway and the Council agree to consult during the term of the Collective Agreement to determine work areas appropriate for noise testing and the mechanisms for establishing necessary hearing tests.

ARTICLE 111

HOUSEHOLD GOODS

Employees moving from one terminal to another after receiving a position by bulletin will have his household effects transported free on authority of the Railway which must be obtained in advance of shipment.

Where the movement of household goods involves a house trailer, a suitable system railway car and idler, if required, will be provided in lieu of a box car and will be transported free of charge.

When necessary to obtain foreign equipment, total per diem costs to be borne by the employee except that when foreign equipment is used at Railroad convenience, per diem charge will be borne by the Railway. Blocking, loading and unloading arrangements and charges to be the responsibility of the employee.

ARTICLE 112

TRANSPORTATION

(a) Employee travelling on Railway business will be supplied transportation.

(b) Employee, upon request, will be furnished with transportation when relief and service will permit

ARTICLE 113

UNIfORMS - SAFETY CLOTHING AND
FOOTWEAR ALLOWANCE

(a) Should the Railway require trainmen manning passenger and mixed trains to wear a uniform, said uniform shall be supplied by the Railway at no cost to the trainman.

(b) A trainman will be required to keep his uniform in a neat and tidy condition. The Railway will reimburse trainmen for one cleaning every two weeks, on submission to the Assistant Manager, Operations, of an expense account together with receipted bill stating the amount expended and marked "uniform cleaning".

(c) Employees who perform compensated service in November or December of any year shall be allowed one hundred and fifty ($150.00) dollars in lieu of safety clothing and footwear. This also applies to employees on W.I. or W.C.B.. This allowance shall be paid in the first pay period of February each year. A separate cheque will be issued for this amount.

(d) The Railway and the Union agree that employees who are issued with clothing and safety wear by the Company should take reasonable care of such clothing and safety wear. The Railway and the Union agree that there should be procedures in place to ensure that employees are exercising such care.

ARTICLE 114

ELECTRIC LANTERNS

(a) Each employee must provide himself with a white electric lantern. The electric lantern, bulbs and battery must be of a standard prescribed by the Railway and the lantern must be equipped with not less than two (2) white bulbs for instant use and a provision for a spare white bulb to be carried in the lantern.

(b) Each employee will be furnished with a white electric lantern by the Railway upon signing a payroll deductiort order for actual cost of the lantern, not including cost of bulbs and battery. Deduction will be made from his pay cheque on current payroll.

(c) When an employee leaves the service of the Railway, whether voluntarily, dismissed or by death, the lantern if in satisfactory condition, may be returned to the Railway whereupon the amount of deposit, made when lantern was issued, shall be refunded to the employee, or his estate.

(d) Replacement of lantern issued by the Railway will be made without cost to the employee under the following conditions:

(i) When worn out or damaged in performance of Railway service, upon return of the lantern;

(ii) When stolen while employee is on the premises of the Railway, without neglect on the part of the employee;

(iii) When destroyed in the performance of duty.

(e) The Railway will maintain at convenient locations, a supply of bulbs and batteries, to be drawn as required upon presentation of those worn out or broken, without cost to the employee.

(f) In the event that due to conditions beyond the control of the Railway it becomes unable to obtain a sufficient quantity of such electric lanterns, bulbs or batteries for the purpose set forth herein, the Railway shall thereby be relieved of compliance with this provision to the extent that such inability makes it impossible to comply herewith.

ARTICLE 115

GROUP INSURANCE PLANS

(1) GENERAL ADMINISTRATION

(a) Each of the constituent unions of the Council will be provided copies of the insurance plans and forms used by the various insurance companies as the plans and forms are issued and updated from time to time by the insurance carriers. The Railway will provide all unionized employees with a comprehensive booklet on the insurance plans in effect.

(b) At the request of the Council, the Railway agrees to meet on a quarterly basis with representatives of the Council to discuss the administration of the various insurance plans. No less frequently than twice per annum, the Railway will arrange a meeting between the Railway, the Council and the insurance carriers to discuss the administration of the various insurance plans.

(2) JOINT ADVISORY COMMITTEE

(a) There shall be a Joint Advisory Committee established to consider and make ongoing recommendations on all matters related to the effective administration of the group insurance plans applicable to unionized employees. The Committee shall consist of two representatives appointed by the Railway and two representatives of the Council.

(b) The Committee will be responsible for the periodic review of the insurance policies with a view to presenting proposals for change to the Railway or, through the Railway, to the insurance carrier involved.

(c) The Railway retains the right to place the various group insurance plans for bid from time to time, when it is anticipated that a change in carriers would result in lower costs and/or improved administration. The Railway will advise the Joint Advisory Committee of its intention to place an insurance plan for bid, and will report its reasons for selecting or retaining an insurance carrier to the Joint Advisory Committee.

(3) PROCESSING OF WEEKLY INDEMNITY CLAIMS

(a) The administration of the weekly indemnity (WI) plan will be primarily the responsibility of the insurance carrier. Only in exceptional circumstances will representatives of the Railway directly contact employees to verify their medical condition once they are in receipt of weekly indemnity benefits. The respective union will be advised before representatives of the Railway directly contact employees in this regard.

(b) Under normal circumstances, claims for weekly indemnity benefits will be processed by the Railway to the insurance carrier without delay and the Railway will urge the insurance carrier to do all that is possible to avoid periods when an employee is either without pay or WI benefits.

(c) When an employee is asked by the Railway and/or the insurance carrier for medical substantiation for a WI claim, the union concerned will be provided with a copy of the request to the employee. In the request, the employee will be advised of the date on which benefits will be suspended if documentation is not received.

(d) At the request of the appropriate union representative, details of the claim will be provided verbally by the Compensation & Benefits Department provided that where medical documentation is involved, the employee has given the appropriate release of information.

(e) The respective union and employee concerned will be advised in a timely manner when the insurance carrier is about to take action to cut off an employee from WI benefits.

(4) WEEKLY INDEMNITY CLAIMS DISPUTES

(a) At the request of any of the official representatives of the Council's constituent unions, a dispute over whether a WI claim will be paid based on a contention respecting medical evidence will be considered by the Joint Advisory Committee described in this Article. The employee concerned will be requested to sign a waiver allowing Committee members access to his medical documentation. All available information respecting a claim will be considered by the Committee on a strictly confidential basis and Committee deliberations will not be disclosed outside the committee. Following discussions, the Committee will provide the insurance carrier, the Railway, the employee and the appropriate union with a non-binding recommendation as to how the WI claim should be dealt with.

(b) If the Committee cannot come to agreement and there is a dispute over the medical evidence relating to the disability, the issue may be referred to an independent medical practitioner acceptable to all the committee members. If the Committee members cannot agree on the independent medical practitioner, the College of Physicians and Surgeons will be requested to do so.

(c) The medical opinion by the independent medical practitioner will be final and binding on the Railway and the Council and the matter will not be subject to the Grievance and Arbitration Procedure.

(d) The Railway and the Council will take all reasonable steps to ensure that any requests for independent medical opinions are dealt with and finalized without delay.

(5) TERMINATION OF EMPLOYMENT

(a) The Railway will consult with the respective union before action is taken to terminate the employment of employees who are on authorized leave, off sick, are injured, on Long Term Disability, on Workers' Compensation Board benefits, have a case outstanding before the Boards of Review or are on light duties.

ARTICLE 116

ANNUAL VACATION WITH PAY

(a) Annual vacation with pay shall be as follows:

Service at Beginning Vacation Basis
of Calendar Year Entitlement of Pay

Less than one (1)
calendar year 2 weeks 4%

One (1) and less
than eight (8)

calendar years 3 weeks 6%

Eight (8) and less
than fifteen (15)

calendar years 4 weeks 8%

Fifteen (15) and
less than twenty-two
(22) calendar years 5 weeks 10%

Twenty-two (22)
and less than twenty-nine
(29) calendar years 6 weeks 12%

Twenty-nine (29) calendar
years and over 7 weeks 14%

(b) A calendar year means a period of one (1) year commencing on January 1st.

(c) For the purpose of this Article only, in order to qualify for vacation entitlement in excess of two (2) weeks, the following will apply: Any employee commencing service on or before June 30 of any calendar year will be considered as having commenced service as at the preceding January 1st, and any employee commencing service on July 1 or later of any calendar year will be considered as having commenced service as at the following January l st.

(d) Vacation pay due for services rendered will be calculated on the basis of gross wages in the calendar year immediately preceding the year in which vacation is taken.

(e) In addition to the provisions of Clause (d) and providing proof of receipt is produced, an employee who is absent by reason of accident or sickness for a period exceeding forty-five (45) days in any calendar year and for which he receives compensation from the Workers Compensation Board or Weekly Indemnity (includes U.I.C. Sickness Benefits) will have the total amount of such compensation added to his gross wages for that year only, and the appropriate percentage calculated thereon to determine the amount of vacation pay due. Proof of receipt along with a request to have the amount(s) included in vacation pay calculation must be submitted to the Crew Supervisor five (5) weeks prior to the commencement of vacation. This Clause (e) will only apply to the calendar year in which the injury or sickness occurs.

(f) In computing service under Clause (a) of this Article, time worked in any position covered by similar vacation rules will be accumulated for the purpose of qualifying for vacation with pay.

(g) An employee who is retired, leaves the service of his own accord, is dismissed for cause, or whose services are dispensed with shall be paid for any vacation due him up to the date of termination of his service, calculated as provided for in Clause (a) of this Article.

(h) The word "service" in this Article means continuous employee relationship; leave of absence or other reasons when seniority is unimpaired will not be deducted EXCEPT that an employee who leaves the service of his own accord, or is dismissed for cause and not reinstated in the service within two (2) years of date of such dismissal, will if subsequently returned to the service, be required to again qualify for vacation with pay as per this Article.

(i) In the event of the death of an employee, vacation pay to which he is entitled to up to the time of his death, will be paid to the estate of the deceased.

(i) An employee who is laid off during the year and who has not been recalled at the beginning of the ensuing calendar year will have the right to request, on two (2) weeks' notice, vacation pay due him at anytime during the ensuing year prior to being recalled to service.

(k) An employee who has become entitled to a vacation with pay shall be granted such vacation within a twelve (12) month period immediately following the completion of the calendar year of employment in respect of which the employee became entitled to the vacation.

(l) Insofar as practicable, preference shall be given in order of seniority of the applicants where applications for vacation have been filed on or before January 31st of each year, such preference shall not be granted where applications have been filed after January 31st. Employees must take their vacation at the time allotted, unless otherwise mutually agreed. Those who do not apply for it prior to February 1St shall be required to take their vacation at a time prescribed by the Railway.

NOTE: Employees entitled to two (2) weeks' vacation must take such vacation in a continuous period. An employee entitled to three (3), four (4), five (5), six (6) or seven (7) weeks' vacation may, provided proper application is made prior to January 31st, and there is no additional expense to the Railway, take his vacation in two (2) portions, neither of which will be less than one (l) week. An employee taking his vacation in two (2) portions will only be allowed his seniority preference on the first portion. When all men on the seniority list have been granted one (1) choice, then the second portion will be granted in order of seniority.

(m) An employee must take any vacation with pay which may be due him prior to his retirement from the service.

(n) An employee who is displaced at the station at which employed necessitating exercising his seniority at another station, may be permitted to take annual vacation to which entitled prior to exercising his seniority at another station.

(o) An employee off duty on account of illness or injury, if he so desires, may count as vacation with pay the portion of the time absent equivalent to the vacation period for which he has qualified providing the time off duty on account of illness or injury is in excess of twice the vacation period. (Applicable to an employee on Workers' Compensation, not applicable to an employee receiving Weekly Indemnity payments under employees benefit plan).

(p) An employee suspended, or dismissed, but reinstated within two (2) years, will have the time out of service deducted in computing service for vacation with pay purposes.

ARTICLE 117

MEALS

Trainmen on freight train will be given reasonable time for meals between terminals on advising Train Dispatcher one (1) hour in advance.

Trainmen working trains No. 1 or No. 2 will be permitted to order meals from the Budd car attendant at a price of one dollar and eighty-eight cents ($1.88) per meal. This amount represents one-half of the minimum regular price. This shall also apply to trainmen deadheading at the instance of the Railway and trainmen must render to the Budd car attendant the message of instruction for him to deadhead.

Trainmen in work train service will be given opportunity for meals at reasonable hours, and reasonable provision will be made for trainmen on work trains to obtain meals.

Trainmen working for a Contractor will be provided meals, the cost for such meals to be borne by the Contractor.

ARTICLE 118

SEATS ON LOCOMOTIVES

Should a trainman be required to ride a locomotive he shall be supplied with a comfortable and adequate standard seat and a padded arm rest at window level. When practicable the seat shall be situated so as to give the trainman a clear view of the train.

ARTICLE 119

ACCOMMODATION

Trainman will be furnished suitable living accommodation away from home terminal without cost to the trainmen.

A trainman, who is temporarily working at a terminal which is not the terminal where his residence is established, will be provided accommodation within the limits of existing facilities. For each day accommodation is provided, the trainman availing himself thereof will be assessed not more than one ($1.00) dollar.

The Railway will agree to meeting with the Union's Committee to discuss requirements for accommodation.

ARTICLE 120

FULL CREW

Unless otherwise provided in this agreement, a train crew will consist of not less than one (1) conductor and two (2) brakemen in all classes of service.

ARTICLE 120A

EXPERIENCED MEN

(1) (a) One brakeman on each train must be competent and have had at least forty-five (45) tours as a Brakeman.

(b) A Conductor will not be compelled to take out a brakeman, who is found to be incompetent more than one round trip unless his incompetency is disproved.

(c) Objections or charges made against any Brakeman shall be in writing and must state clearly and fully the reasons for filing such objections or charges.

(2) REDUCED CREWS

(a) A new employee with no experience as a trainman must have a minimum of sixty (60) tours of duty in road and/or yard service on BC Rail Ltd. prior to working a reduced crew.

(b) Former BC Rail Ltd. employees who have completed sixty (60) tours of duty as trainmen within five (5) years prior to their date of hire shall take three(3) familiarization tours of duty in road service prior to working a reduced crew.

(c) Former employees of other railroads who have completed sixty (60) tours of duty as trainmen on these railroads and former BC Rail Ltd. employees who have completed sixty (60) tours of duty as trainmen beyond five (5) years prior to their date of hire shall take ten (10) familiarization tours of duty in road service prior to working a reduced crew.

(d) During the familiarization tours of duty specified in (b) and (c) above, the new employee will be assigned the full duties and responsibilities of a trainman under the observation of the experienced trainman who would normally work in that position.

(e) The Railway will provide the United Transportation Union with documentation to substantiate that the employees referred to in (b)and (c) above have worked sixty (60) tours of duty as trainmen.

(f) During such familiarization trips the new employee will be paid at the Brakeman rate of pay.

(g) A familiarization tour of duty shall be a complete trip up (or down) and back to the home terminal during which time the new employee will work with a crew up and back.

(h) On arrival at terminals, the new employee is covered by the provision of Article 122(a) of the Collective Agreement (Rest). The new employee will remain with his originating crew.

ARTICLE 121

HELD AWAY FROM HOME TERMINAL

(a) Trainmen in freight service held at other than home terminal longer than eleven (11) hours without being called for duty will be paid on the hourly basis for all time held in excess of eleven (11) hours. Time will be computed from the time pay ceases on the incoming trip until the time pay commences on the next outgoing trip.

(b) Payments accruing under this Article shall be paid for separate and apart from pay for subsequent service or deadheading and penalty payment will cease at time ordered for work or deadheading.

(c) When rest periods in excess of eight (8) hours booked, the eleven (11) hour period before pay commences will be increased correspondingly. For example, if ten (10) hours rest is booked, pay for time held will commence after expiration of thirteen (13) hours.

When any trainman so books rest, it will automatically tie up other trainmen on that crew.

(d) For the purpose of applying this Article the Railway will designate a home terminal for each crew in freight service.

(e) Time paid for under this Article will not be considered as Time on Duty in qualifying for time and one-half in other services.

ARTICLE 122

REST

REST AT TERMINALS

(a) Trainmen on arrival at terminals will not be called again for immediate duty if they want rest, the Trainman to be judge of his own condition. Notwithstanding the above, five (5) hours mandatory rest must be taken.

Exceptions to the above are as follows:

(i) A trainman or train crew whose actual time on duty on arrival (excluding final detention time) at the objective terminal does not exceed eight (8) hours and who is called immediately on arrival, and accepts, will be exempt from the mandatory rest requirement. This exemption shall not apply between the hours of 0001 - 0600. The maximum number of continuous hours on duty shall be eighteen (18) under this exception (excluding final detention time at the home terminal).

(ii) A trainman or train crew in passenger train service will be exempt from mandatory rest at the objective terminal provided that:

(1) the tour of duty commences between 0430 and 0900;

(2) he is called immediately upon arrival at the objective terminal (if he is not called immediately upon arrival then this exception does not apply);

(3) the maximum number of continuous hours on duty shall be eighteen (18) under this exception (excluding final detention time at the home terminal).

(iii) Trainmen working under provisions (a) (i) and (a) (ii) shall be given ten (10) hours mandatory rest at the home terminal.

(iv) A trainman or train crew whose actual time on duty on arrival at the objective terminal (excluding final detention time) does not exceed five (5) hours will be exempt from mandatory rest.

(v) The Vice-President, Industrial Relations or his representative and the General Chairman of the United Transportation Union or his representative will meet to discuss lurther exceptions to clause (a) if either party so desires.

Note: Sections (a) (i), (a) (ii) and (a) (iv) do not amend or affect the application of Article 201(9).

(b) Assigned and unassigned crews will be laid up at the home terminal for the period of rest (including mandatory rest), except the crew will not be laid up if rest booked exceeds eight (8) hours rest, unless all regular members of the crew arriving thereon book more than eight (8) hours rest (which includes mandatory rest). In the application of (a) (i) and (a) (ii) this clause shall apply after ten (10) hours rest including mandatory rest.

(c) Required rest (this is to include mandatory rest and any additional rest) must be booked on the train register when going off duty and will be given complete before being called. Rest so booked shall be subject to clause (a).

(d) Trainmen will not be permitted to book conditional rest, that is okay for certain trains but not for others, or okay for Conductor but not as Brakeman.

(e) A trainman will not be permitted to waive rest booked except (i) when required in emergencies; or (ii) when, upon arriving at his home terminal and after booking rest, he is displaced from his position before the rest period booked has expired. In this instance, he will be given the option, when exercising seniority, of continuing the rest period booked or terminating it provided that he has completed his mandatory rest. Notwithstanding clauses (a) to (d) and the above, trainmen away from home terminals may be deadheaded to home terminals.

Note: Clauses (a) to (e) apply to trainmen arriving at an objective terminal whether that trainman is working regular or spare. A trainman or train crew arriving at an away from home terminal may waive mandatory rest on arrival for the purpose of deadheading directly back to the home terminal.

REST ENROUTE

(f) Trainmen who have been on duty eleven (11) hours or more will have the right to book eight (8) hours rest; the same to be granted by Train Dispatcher as soon as it can be arranged without delay to other trains.

Rest booked en route will be a minimum of five (5)hours and eight (8) hours will be considered sufficient except in extreme cases.

The maximum number of hours on duty for all subdivisions, except trainmen or train crews working in auxiliary service, under exceptions (a) (i), (a) (ii), or working between Fort St. John and Fort Nelson per the Memorandum of Agreement dated June 7, 1984, shall not exceed 12 hours (11 hours if the crew is operating reduced pursuant to (k)below).

(g) When any trainman so books rest, it will automatically tie up the other Trainmen. A trainman will be the judge of his own condition.

(h) In the application of this rule, conductor will advise Train Dispatcher amount of rest required (including mandatory rest and any additional rest) and will endeavour to be ready to resume work at the time stated. Pay to begin immediately on expiration of rest and when conductor reports for duty, except as provided in (i) and (j)

(i) Time off duty for rest will be deducted in computing time for the continuous trip except that if rest is interrupted to transport the train or crew to objective terminal rest taken prior to the interruption will be paid.

(j) When it is possible to do so, crew will be taken through to objective terminal in which case crew on rest will be paid actual deadhead time.

(k) Road crews which are running reduced will have the right to book rest after ten (10) hours on duty. Every effort will be made to have such reduced crews reach the objective terminal within ten (10) hours, which could require the discontinuance of work en route.

(l) When a reduced crew books rest en route, the provisions of this Article apply.

(m) On the Tumbler Ridge (North) Coal run, if a reduced crew ascertains that in all probability the run cannot be completed within ten (10) hours, they shall have the right to invoke the provisions of this Article at Tacheeda.

(n) Trainmen in construction/work train service will be given mandatory six (6) hours rest per day. Trainmen in construction/work train service shall be entitled to book rest pursuant to Article 122 paragraph one of subsection (f) and subsection (k).

(o) Time occupied deadheading in accordance with Article 125 (c) will be included as time on duty for the purpose of booking rest.

ARTICLE 123

CALLING

(a) Freight trainmen living within two (2) miles of yard office, and passenger trainmen living within two (2) miles of passenger station, will be called in time to be on duty at the time required by the Railway but such call shall not exceed two and one-half (2 1/2) hours previous to the time required to report for duty. The meaning of "within two (2) miles" is understood to be the most direct route by which an automobile would travel.

(b) Trainmen will be given a two (2) hour call when practicable and when telephone service is available, call may be given by telephone. When for any reasons a call cannot be made by telephone, trainmen will be called in person.

(c) On S.A.P., emergency or auxiliary call, the first available crew or employee may be used, and no run-around will be involved, providing that the crew or employee standing first out is deadheaded to relieve the emergency crew or employee at the first convenient opportunity. When S.A.P., emergency or auxiliary call is placed, employee called will be considered to be on duty from the time of the call.

(d) When the location of a yard office or a passenger station is changed at any terminal in the future, trainmen residing within limits as prescribed in Clause (a) at the time of the change will still be considered as within calling limits.

(e) Employees living within the two (2) mile area as described in clause (a) must file their address at the central crew calling office and at the terminal at the point where they reside.

ARTICLE 124

CALLED AND CANCELLED

A trainman called for duty and cancelled one and one half (11/2) hours or more before time ordered for no penalty.

Cancelled between one and one half (11/2) hours before time ordered for and one (1) hour after time ordered for will be paid two (2) hours and forty (40) minutes and stand first out at the away from home terminal.

Cancelled between one and one-half (11/2) hours before time ordered for and one (l) hour after time ordered for will be paid four (4) hours and stand first out at the home terminal.

Cancelled after one (1) hour following the time ordered for will be paid eight (8) hours and stand last out.

The application of this rule is not to result in any duplicate payment.

EXAMPLES

Ordered for 0900

Cancelled between 0700 and 0730 - no penalty.

Cancelled between 0730 and 1000 - two (2) hours and forty (40) minutes and stand first out at away from home terminal.

Cancelled between 0730 and 1000 - four (4) hours and stand first out at home terminal. Cancelled after 1000 - minimum day and stand last out.

ARTICLE 125

DEADHEADING

(a) Employee deadheading or travelling on Railway business with the proper authority will be paid as follows:

Deadhead Rates of Pay Per Hour:

Per Hour
S.T. O.T.

Effective September 1,1993
Conductor/Foreman $25.28 $25.28
Brakemen/Helpers $22.51 $22.51

Effective January 1,1994
Conductor/Foreman $25.79 $25.79
Brakemen/Helpers $22.96 $22.96

Effective January 1,1995
Conductor/Foreman $26.36 $26.36
Brakemen/Helpers $23.47 $23.47

NOTE: Time and one-half will not apply for deadheading and time deadheading will not be considered as TIME ON DUTY in qualifying for time and one-half in other services.

(b) Deadheading paid separately from service will be computed on the basis of hours with a minimum of eight (8) hours.

(c) When deadheading is coupled with service, either prior to or following, actual time deadheading and any dead time will be paid for.

(d) Employee deadheading to exercise seniority rights or returning after having done so will not be entitled to compensation therefor. Deadheading in connection with relief work which employee has bid in or claimed on seniority basis shall not be paid for, but when not so bid in or claimed and employee is ordered by the Railway to deadhead any such deadheading shall be paid for, except where employee is forced to fill an assignment due to no application being received.

(e) Employee deadheading to take a preference run or promotion to which he is entitled by change of timetable or permanent vacancy, or when returning from same on account of being displaced by reduction of crews, will not be entitled to the deadhead time coming or going.

(f) Arrangements may be made by the Local Chairman and the Manager, Operations to fill vacancies of less than six (6) days at outside points by any qualified employee to avoid excessive travelling by spare men. Consent to such arrangements not to be unreasonably withheld.

In the event that a requirement for emergency relief arises, it is agreed that relief may be provided by the most convenient means regardless of zone arrangements.

(g) Employees to be deadheaded will be called for time at which it is expected train upon which he is to travel should be ready to leave. Deadhead employees will have no claim for runaround in this case.

Time of deadhead employees ceases upon arrival at agreed upon point for coming on and going off duty at destination terminal and any time earned by the working trainmen in yarding train, switching, etc., will not accrue to the employees deadheading.

(h) When two (2) crews are called to run and deadhead on the same train, first crew out shall deadhead and stand first out on arrival if deadheaded to distant terminal. If deadheading to intermediate point, first crew out will be called to handle the train and second crew will deadhead.

When more than one (1) crew is deadheaded on the same train for service at different points, the crew deadheading first out will be deadheaded to the nearest point, the second out to the next nearest point and so on. When deadheaded to the same point, they will stand out in the same order as they stood when called.

When a crew deadheads from terminal and another crew of the same class deadheads from an intermediate point to terminal on the same train, the crew deadheading from intermediate point will go on board ahead of the crew deadheading from opposite terminal.

The same provisions to apply to spare trainmen.

(i) Men being called to deadhead will be notified, when called, whether deadheading will be paid separately or coupled with service.

Vehicles used for deadheading crews by other than rail transportation will be of a type adequate for the transportation of personnel.

ARTICLE 126

BROKEN TIME

(a) Employee prevented from completing a trip or day's work due to illness will be paid actual time on duty, up to the time relieved from duty.

(b) Employee prevented from completing a trip or day's work due to injury sustained on duty will be paid for actual time on duty up to the time relieved from duty, but not less than eight (8) hours pay. Employee called to relieve another employee for completion of day or trip due to illness or injury on duty will be paid not less than eight (8) hours pay.

ARTICLE 127

ASSIGNED ROAD SERVICE

(a) Assignments, other than work train, will be bulletined specifying the home terminal, initial and objective terminal for each trip, territory over which the assignment is to perform service, starting time and days of operation. So far as it is practicable, assignments will start at the bulletined starting time, except that an assignment may be started at a time later, but not earlier than that specified in the bulletin unless otherwise mutually agreed. When bulletined starting time is changed more than three (3) hours, the assignment will be rebulletined.

(b) Crews assigned to regular runs will not be compelled to man runs other than that to which they are regularly assigned, except in cases of wrecks when no other crews are available.

(c) When an assigned crew is used instead of an available unassigned crew, the unassigned crew will be compensated to the lull extent of the hours made by the assigned crew making the trip.

(d) When an assigned crew is used outside its assigned territory it will be paid at schedule rates and conditions for such service in addition to and irrespective of the compensation provided for the assigned service.

(e) Where interruption of traffic occurs, the assigned mixed, wayfreight and switcher train crews will be called when it is possible to run trains and when traffic is available, regardless of assigned days. This will not constitute a runaround.

(f) When normal operation is resumed, such assigned crews will adjust themselves to their regular assignment at first opportunity and may be permitted to change off on the road.

(g) In the event that an assigned mixed, wayfreight or switcher train crew is cancelled on account of General Holiday, arrangements may be made to operate such assignment in turnaround service on the day preceding or on the day following the General Holiday.

(h) A trainman in assigned service ready and available for duty, who is not called for duty with the crew to which he is regularly assigned account of Railway error, Will be paid hours earned by his regular crew on that trip and assume his position with his regular crew upon return.

ARTICLE 128

WAY FREIGHT SERVICE

(a) On the Squamish Subdivision when trainmen are required to load or unload L.C.L. freight, express, royal mail, O.C.S. material or to detrain or entrain passengers enroute, trains will be limited to 35 cars.

(b) The Railway will arrange their way freight service to avoid the handling of L.C.L. merchandise at night and on Sundays. No way freight will be started before 0400 and not later than 1200, and men will be permitted, after 2000 to discontinue way freighting and local work, except picking up or setting off live stock, or car or cars of perishable freight, and run through to terminal.

(c) If the work on any way freight or switcher run is unduly heavy it will be lightened by employing an additional trainman.

ARTICLE 129

CABOOSES AND RESTHOUSES

(a) Crew in freight or work service will be provided with caboose or other suitable car properly equipped.

(b) Trainmen assigned to regular runs will not be required to stop in caboose or rest house at terminal points, and unless they are advised that they will be required before their regular run, will not be considered absent from duty if required and not on hand.

(c) Trainmen will not be compelled to handle cars in trains, the draft gear of which is defective and requires to be chained, lurther than to take care of perishable