# Transcript of Record — Transcontinental & Western Air, Inc. v. Koppal > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386407_0247%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1953 - **Citation:** 345 U.S. 653 ## Text “LIBRARY sad aes “BYPREME COURT. U,§. hls Big: TRANSCRIPT OF RECORD — * : se & : . . 4 : » ‘ a Supreme Court of the United States 3 oe ao OCTOBER TERM, 1952 ee Find , 4 : : ¢ " No. 509. ee ed ees wats pee » e ' “PRANSCO ONTINENTAL & WESTERN AIR, INC. PETITIONER, iat é ae v8. ae a) os Y ° y e° . ’ . - “© ‘ ~ JOSEPH H. KOPPAL so e . ~~ . “ ‘ 164 is 145 Iso 1S] Is] 1s2 183. [fol. 1} : var Sewer zs ot ; IN THE DISTRICT COURT OF THE UN TED STATES 7 FOR THE WESTERN DISTRICT MISSOURI,” it WESTERN DIVISION see \ . Behar sh Joutrs: H. Korrat,, r ‘Taintiff, Weg Seve tre! St eo a tod TRANSCONTINENTAL aNd Western Air, INc., at corporation, a ta’ Defendant. a ; ee . & 4 PR tae etins Civil Case No. 6434 SUR Mite (Plaintiff demands a trial by jury) ; Complaint ‘Filed June 30, (1950 si’, now the plaintiff, and for his cause e of action, a, Com, _- plains and states as follows:- .°. 1.-The sdrindletion: of this: Court is founded upon the provisions of the Railway Labor Act of the United States, ‘Title 45 USCA Sections. 151-188, and because the plaintiff is a resident of the State of-Kansas, the defendant a resi- dent of the State of Delaware, and the amount in contro- versy exceeds $3,000.00 exclusive of interests and costs. ; 2." Plaintiff states that at alf times mentioned herein the _+ defendant: was a Delaware corporation and a common varrier by air engaged in inter -state and foreign commerce, and operated its airlines,.oices and shops in Kansas ‘ | “ity, Missouri, within the Wyptern Division of the ésfprn |) trict of*the District Court off this United States ior ihe State of Missouri. eis [fol.2] 3. Plaintiff further states ‘that he j isa vaihdais of the State of Kansas, and that on or about the 8th day of November, 1949, and for many yedrs prior thereto, Te was employed ’ by the defendant as a master mec hanie in its engine departn®nt, and that.on said date his status’ as an -employee of the defendant was gove red by the terms of an agreement between T ranscontinental’ And Western Air, fon “the defendant herein, and the International Associa- -tion of Machinists, hereinafter referred to as ‘‘said a&ree- J-—01605 eS : bee ol oe : ; ’ aT ° q 6 ment,’ ' whic h Association was and is the legally designated collective bargaining representati ve. for the class of em-- _ ploy ees to which plaintiff. belonged, and that the efféctive “date of said agreeinent w as March2, 1949, plaintiff further - states that on the 8th day of November, 1949, he was not a member of the International Association of /Machinists, — nor a party. to the aforesaid: agreement ; that on said date the gelationship of the employer and ‘employe¢ between the 3 plaintiff and the defendant was governed by. ‘and was sub- _ ject fo, the provisions of the’ Railway Labor Act. (45 USCA Sections 151-188), and that although plaintiff was not a _ member of said International Association of M: achinists, | the terms arid conditions of his employment were governed hy the-aforesaid-agreement-by_and-—through the operation — _of the aforesaid Railway Labor. Act. Plaintiff further - states thit according to. the terms and provisions of said agreement there are certain seniority, job and employment rights vested in him, 6f which he-could not be deprived by the defendant without just ¢ause or reason, due process of law, and @mpliance with the ferms of said agreement. ‘The- (fol. 3] particular terms and provisions of ‘said agreengnt which vest seniority, ‘job and ~employment- Fights inthis plaintiff. were and are as follows: . ; Article VI . roa (a) Definitions: . o (1) System seniority ‘shall be eaiciaa as the lenath: of service for which an employee receives credit, re- gardless of loc ition, in any. of .the classifications covered by this Agreement, with this Company or any of its predec eSSOrs. The definition of system seniority shall include ability to perform the required work of | the job in a satisfactory manner, and except as heréin- - after provided shall accrue from. the date of entering * a classification On-a regular ‘assignment. System seniority shall. be_ applicable only: to the mechanical ‘classifieations and only to Mechianies and: highe YT within the mechanical classifications. , (2) Point seniority shall be defined as the length of service for which an. employee receives credit in a ° ig, *. RIO. - (da) Seniority Lists: ° -he opén to protest for a period of fifteen - (15) days from date of posting, but if the seniority date ona 4 list is | not protested within the preseribed time limit ' & after the initial appearance “of _Niame on a list, such. d@te shall stand as correct ant official an all subse- - . quent lists. Any employee on leave, on special assign- © . ment, .in a laid- ‘off. Status, on vacation, or on sick or ; injured: absence at the time of posting shall have a period of fifteen (15) days-from the date of his return to service to file a prétest , or the balance of the original correction period, whichever is greater. - Except as hereinafter provided in fiiragraphis (3), (4), (5), and (6) below, if two {2) orm more employees within a classification have the same seniority date, théir namies will appear on ‘the seniority list in alphabetical order, & .. Will be grouped into four (4) “generat groups as set ‘forth below, with a separate seniority “list for each »— classi fice 1tion—w ithin a group, and for the purpose of computing and applying, seniority, it is understood that i ‘all Company operations within. any city or metropoli- tan area shall be considered -as one point, except at: Kansas City, where two (2) points wil continue to be ~~ “yecagnized for employees i in Group No. 2: Group No.1: . eines Group No, 2 ~ Lead Iaspector’ ‘ Receiving ‘Inspector ifol.5] Inspeecter ~ + Lead Stotes ( ‘lerk Lead Mechanic, “°° Stores Clerk “* ° A Mechanic eat é : ; Mechanie Heiper ie ‘Lead Ground Service: Helper : Ground Service Helper | =. ~ Lead Fleet Service Helper - lee »- Fleet Service Helper ¥ .Lead Janitor — ee ? _ Janitor . : ¢ oO. ‘Group No.3 —. Group No. 4 | Tead Commissary Clerk. © Lead Cargo Agent - Commissary ‘lerk | Cargo Agent & Conimissary Helper ee eaewme | * (:3) Employees covered by this Agreement who were classified ‘as Mechanic, Senior Mechanic, Master Me- -chanic, Lead Mechanic, Inspector, or Lead Inspector, $ 2 ¢ + . - . : . - on. January pany payroll in the classification. on a job not identified _ as ‘‘temporary’’ or “acting.” If, 4wo or*more me-— _chanies -have éntered the classification ef Leak Me- chanie .or bispector on the: same date, they will be _ listed on the seniority. list for the higher classification ' in the same order as shown'on the Mechanic list. This. seniority date shail -be both their system and point seniority dat- within; the respective. classifications on all futur’? rosters, ‘unless an individual has changed, ass point location since-February 16, 1946, in which. ~ {fot 6] case the point seniority. date will -be the date of transfer to the new point. : (5) Employees reclassified from — Aguecition Me: chanic or Junior Mechanie during the year 1946 shall continue: to have a seniority date of January 1, 1946, -as a Mechanic on all future | ‘seniority: rosters in the same order as indicated on thé 1947 seniority lists, un- less an individual has changed point location since January: 1, 1946, in-which case the point seniority date - will be the date of, transfer. > (6) Employees whe. were classified. as Apprentice Mechanics at the time of entering the military or naval “service of the United States prior to January i, 1946, “upon return to Compants employment under the. pro- Visions of par agraph (f), Article NIT, if subsequently © \ - @- ‘ ¢ Pe o he eats ‘a i reclassified to Mechanic, shall he granted a - seniority’ date of Januare 1, 1946, as a Mechanics This’ seniority. «late will not govern the,yay status of such employees id uron reclassifieation they will start at the minimum hourly: =rate- of a ‘Mechanic, and ‘theregfter be -subject to automatic progression based on actual time spent in = ‘thé classification”. Mechanic Helper “Kyaipees in .the service of the Conipany ‘on December ‘4i, 1948, in-: | cluding those Trainées in active service and Trainees . after January 1, {949. "After reclassification to. Me- -. chanie, T ‘ainees in the active service of thé Company on Janvary 1, 1949, will be permitted to work one (1) day aga Mechanic to establish seniority and theri-laid if jobs are not available to which their seniority | will entitlethem. ©... .; ; | (7) No s@niority credit shall "be. trehefetradl -Fepmn’ unless he refuses to return, in.order of senidrity, when the force is again . increased within his eriginal group and, classification. . [fol. 7] (ey ‘Less of Seniority: hac eons “6 An. employee wilk lose his wenigrity status and his name will be removed from the : seniority; lists under the’ followi ing conditions: _. ° (1) He quits or resigns. " (9). He ‘is discharged for just cause. (3) He does no®inform the: Company in writing or. by telegraph of his intention to returh to service within seven (7)-days of receipt of a notice offering to re- employ him after a lay-off. re (4) He'does not return ra the service on or iatols a “date specified in the notice from. the Company after ae ee ® NN een a2. - s 2 . - — Ee : : : coe. % w ae 7 + Ss ° ; ea: 2 Sar 2 te a lay. off. which ‘date shall be not. prior to ifteen (15) days after. sending such: notice; provide that sub- divisions (3) and (4) of this ‘paragraph (e) shall not apply to ‘offers of tempordr€ work. Any notice pre- vided for in this paragraph (¢) shail be sent by Regis-. ‘tered Mail (return ‘receipt requested) ‘or. telegram. to~ the émploxee at the last address filed by hiny with the. Industrial Relations Bepértrent. | (5) He is absent three: {3} co utive wWork.days without notifying the | OMPEDY, u eee _—Feason. is given. .- gis: rs (6) He fails to volte to work at. the erid of an. authorized. leave of absence. re fe 2 ae (7) He engages | in gainful edislovinent: while: on BS ave of absence in y®lation af Article XIIT(e). (8) dle is laid off and does not return.to work for a period, of. two and one- half* years ‘after lay- off. .(f) Loss of Classification Seniority: ne i (1) Where employees at a. point ate’ accruing - seniority in lower classifications \t-the sarhe point and» _ are affected by, a, reduction in fo ce, they shall be re-~ quired fo immediately exercise-their seniority, in the highest classification their “Seniority. will permit. {fol. 8]. Failure to exercise senidrity. within a ‘classi-. - fieation will cause ‘loss of. gl ea in the glass sification. (2). Any. Lead > Inspector, Shispector, or Lead Me- chanie laid off in a reduction in force at a point. ‘and ' _ accruing seniority ‘i lower classifications: at another point will be, required to,exercise his seniority in ‘the highest: posible. classification within ten (10) days after actual lay-off.or his name will be stricken from the seniority list of. the lower classifications’ in the: . _ order of refusal to, exercise seniority. chy (3) Any employee reduced from a classifi cation due toca reduction in force and- refusing to aecept the first. job open. in‘the higher classific cation for which he is -qualified ‘at’ the: point where reduced shall have his name removed tien the senidrity. list for that classi* mit ‘ation at fhe point. r 6 a) 9 x @) Reduction a: Increase of W ouliliad Force: - ao > Th W Whenever the numbeét of employees in any at wv “3 ety o al j & wis 9 ) ee es available, Mgchahic ‘conlority siaP overs Lower. « “ lagsifications in. Group No. 1 will be governed hy the same policy, Le.,°Ground Service Helper seniority will. govern in the selection af Land Ground Service Helper; » Fleet Service Helper: ‘Seniority. will govern in the selec- ‘Hon of Lead Fleet Service Helper: ind Janitdr 4 gSenior- ‘ity. will govern in the selection of Lead Janitor. Hi “(4) The same. prince iple of seniority in moving from. ; a “lower if a-higher classification in Groups Ne, 2, . - No. 3, and Noe will he applied” as, set, forth. iu para. - j graph. ( (h) (3): above ‘fo povern classifications below that of* Mechanic. as aia _, (5) When ani emplovee ‘moves to'a liigher cléssifica: a tion under the terms of this Agreement to fill a tem- ~ ‘ porary. or bulletined job, he shall*continue to acerue — - ‘seniority in the lower classification at the point from which promoted, and in-case. of - subsequent demotion. from a billetineéd job dae to reduetion in force, he~ ;shal! continue to accrue point seniority in the classi- “fication at the point where’ demoted. kite s ~ 7 , a “4° Article XVI GE ea Vocations | oo Sk > (ay. iiiclovoon will be eligible for annual. paid vaes ations based on the number of months worked during the preceding calendar year and in-accordance with the regulations here- a Austen ach torte : f a Reis ; ties ZF {fol. 12] (b). Vacation: Allotinent Schedule ay The* vacation year shail he from January i to. the ss hedulg itt (b) (2) above. However, in no case will a- vacation be: fees to an eniployee until he has compléted C‘ompahy at 2 4" Compensation for the yaci ition period shall be com puted at the employee's dpe rate -of pay (including ' premium pay). in effect “nt the time the vacation is Sabot * a5 : -(g) Ifa holiday récopilbied in Witicke VII td) occurs: during the émploy ee’s vacation period, he shall be paid at. straight time for the day, in addition to-his vacation period. [fol 14] «(h) Vacation leave j is not cumulative and must be taken during the year following fhe ye ar. in which vaca-. tion is ae rued,: cunless an employee has. ree ‘eived written iequesi Treen hits supervisor i) lorego iuis Vac ation during the year. Otherwise, if not taken within the’ ¢ ‘alendar vear whe ne oo Herth le, his vacation will be forte ited, : ‘ ~(ij) An employee .temporarily terminating because of - lay-off due to reduction in farce or an employ ee granted a leave of absence shall be’ given-vacation “pay based an the ‘number of nionths worked in the preceding year ‘in a«- >eordance With paragraph pay seniority shall be counted. (i) Sick, leave: allowanee will accrue during each. calen- -)dar inonth for which an employe Ge receives pay for eighty, ! ht. time house, whether he is work: | ing or is on sick leave Mr va ration. (j) The employees covered by this Auvociient, and the - Union, recognize an obligation to be truthful and ‘honest. and to prevent. unnecessary absences and other abuses of sick leave privileges. (3 | ‘Article XVIII a ng - ? . om" “hongevty .- °. (a) All employees covered iby this agreement will re- ceive, for each year Qf completed employment spent in-any of the lassifications covered by this Agreement exclusive of the first three ‘(3) years of employment, longevity of oné (1) vent an hour for each year of continuous employment, to a maximum of ten (10) cents. .The maximum of ten (T0) ~ cents will thus ‘be reached at the end of ier ca (13) years of employ me ; * (b) Employees who now receive ten’ (10) cents or more longevity under. former longevity ‘plans will rétain their longevity and will accrue no more.. (¢), Employees gett receiving less than ten (10) cents longevity will retain their present longevity but will- accrue no more until the scale in (a) above catches up. Thereafier, they willereceive longevity based on the provi- icle, trie (d) Longevity acérued in any \classification will -be‘re- tainé@d upon transfer or prometidn to another classifica- tion. For the purpose of computing longevity credit, only [fol.17] Article XX : Jaakeonce Benéf 6 The prese nt. group sick and acci ent insurance plan, hospitalization plan, and any insurance benefits’as in effect on .-the date of this Agreement shall not be altered or changed to the extent of decreasing the pene tits or ites xarite sing the rate withant conferring with the Union at least fifteen (15) “we to the date “of change. j ‘ ice “ reas, Sone oe 4. Plaintiff. furjher states that Article XI, section (b) (10) of the aforesaid agreement, which was in full force . and effect in November, 1949, provided that an investiga- tion and fair he: aring must be given to all employees with more than ninety days’ service with the defendant before such employee eoukl be’ discharged from. the service of the defe ndant, and that said hearing should. be held before a. | representative of the defendant other than the one bringing the cofuplaint agaist such an employee ; that said Article further provided that the employee shoald .be notified in writing of the precise charge against him and be given a reasonable opportunity to secure the presence of neces- sary witn@sses at such .a hearing. The provisions of Article XI, section (by (10): are as follows : “No employ ee who has been in the service of the Com- pany ninety (90) days or more shall be discharged without a fair hearing before a designated representa- “tive of the Company other than the one bringing com- or agaist the-employee. Suspension from the service of the Company pending a hearing, which shall “be prompt, shall not be’ deemed a violation of, this. rule. At a reasonable time prior to ‘the hearing, such - employ ee and his duly authorized ‘representative will cbe apprised, in writing, of the precise charge and given - a reasonable opportanity to secure the presence of — necessary witnesses. If a stenographiec report of the investigation is taken, the Union Committee o® rep- resentative will be furnished a copy. .A written de-. cision will be issued within five (5) work days after - [fol. 18] the close.-of such hearing. If* the deci- sion is not satisfactéry, then appeal may be made in "cassie ‘e with the procedure prescribed in ‘Step ‘3.” Plaintiff further states that on or About November 12, 1949 plaintiff was wrongfully and unlawfully ‘discharged from the service pf the defendant for an alleged violation: of the sick leave rule set forth in paragraph 3. above; thac plaintiff was discharged without .a fair hearing, that he WRs nei notified in writing of theeprecise charge against him, and that he was not given a re ‘asonable epportumty co secure the presenee of witnesses at ‘a hearing. prior to 9° -1¢8 ; ; ere i. 25165 ai “ the time of. his discharge. At such a hearing ‘the plaintiff could and Would have produced witnesses in his behalf. and. at which hearing fhe plaintiff*could have proved that he - was not guilt» of the alleged violation, of the sick leave rule; and that as a’ direct and proximate result -of the wrongful acts and misrepresentations of the defendant, the _. plaintiff was deprived and defrauded by, the defendant of his enrploy ment, seniority rights, pension rights, and other — property rights under the aforesaid agreement between the -defendant and the International-Association: of Machinists. | 6. Plaintiff states that: as a direct and proximate result of the wrongful and tortuous acts of the defendant as afore- ‘said, he has-been unlawfully deprived’ of his employment, seniority rights ‘and-other property rights under the agree- ment as set forth in paragraph 3 above;that he has been caused. to stiffer much mental anguish and has: been unable to secure other employment, all to lis Alamage in the sum {fol. 19] of Seven. Thousand Five Hundred (8%; 300. 00) ae ° -. 7. Plaintiff further states “that his see-bs the ade-~ tendant was wilful, fraudulent, wider and — without legal justification or excuse, and th e defendant was actuated by malice, spite and ill will towards the plain-’ ‘tiff, and plaintiff asks that defendant be punished therefor in the amount of Fifteen Thousand ($15,000, 00) Dollars. i herefore, Plaintiff Prays fog, actual. damages in the® sum of Seven Thousand Five Hundred ($7,500.00) Dollars, and for punitive damages in the sum of Fifteen Thousand «| ($15,000:00) Dollars, or for a total of twenty-two Thousand Five ‘Hundred ($22,900. 00) Dollars, and for his costs © heréin. ane at Fred J. Freel, Ray D. Jones, Jr. Attorneys: tor Plaintiff, 900 -Bryant. Building, Kansas City, Missouri, TiArrison 3632. : ; a: ‘ [File endorsement mitted.) rhe ? 19 . [fol. 20], Ly Unrrep: Srares District Court | " Answer—Filed August 14,1950 Comes now defendant and for its answer to plaintiff’s com- -plaint. states : ‘1. Defendant admits the averments of paragraphs 1,: 2, 3 and 4 of said complaint, exeept the averments that plain- tiff is a resident of the State-of Kansas and.that he was 1fot a. member of ‘the International Association of Machinists. Defendant is without knowledge concerning plaintiff’s place. of residence and his membership or non-membership in the Internatioyg] Association of Machinists, 2. Defendant denies’ the averments of paragraphs 5, 6 and 7 of said-complaint.. — SA ) _3. Further. answering said complaint, defendant states that on November 9, 1949, plaintiff-was suspended for ‘abusing the sick leave, provision of the « et referred to ) of the defendast. Wherefore; having fully answered, defendant prays to be discharged with its costs. | ; r Ruby .D. Garratt, Garrett & Ruark, Attorneys for Defendant, 822’ Scarritt Bldg., Vi. 0750, Kansas ° City, Missouri. ceeds nel eins ° és [fol. 21] Received copy hereof this’ 14th day of’ August, 1950, ; g Fred J. Freel, Attorneys for Plaintiff. - {File endorsemenfomitted. ] mi & o* S Seer [fol. 2 22 Ix Usitep States District. Court . INTERROGATORIES To DereNvaxt anb Motion To:Proptce— ‘ +. Filed August 29, 1950 Comes now “the plaintig’, under Rules 33 and 34 of the. Federal Rules of Civil rocedure; as Amended, and sub- : mits the folloWing interrogatories to. the defendant. to be. ‘answered by the defendant under oath according to law, and ioves the Court to order the. defendant to produce for. . inspection and copying by the plaintiff all of the documents ~ listed in this motion below if the defendant answers in- terrogatories concerning such documents in the aflirmative. Plaintitt. further’ ‘states to the Court-that the matters and - things herein inquired: about are material and relevant to ad the -plaintiff’s cause, and that plaintiff kept-no record or records eoficerning the things herein. inquired about but “that it is the belief of the plaintiff. that the defendant did make and keep the records in question. ae terr ak at?" % 0: * {nterrogatory | eo \ No. ? x Please state on what date or.dates. plaintiff abused the sick leave provisions of. the contract referred to in the complaint, ‘as alleged in paragraph | 3 of -de- ® fendant’s answer. ake * 2. Was the plaintiff’s é siiienion from defendant’ s em: ployment on: November 9, 1949, in writing? aout & pie ted If the answer to question No. 2%4sin the affirmative, , plaintiff moves’ the Court, ts order the defendant to produce .said. written ngfice of suspension for the plaintiff’s inspection aud copying. 3 { fol. 23] 4. If plaintiff’s suspension notice of November 9 , 1949, ‘> was not in writing, please state the name, position held with defendant, and home addre&s of the per- son giving said suspension notice, both at the time of the giving of said, notice and at the time of tty TSas ° ° 5 W: as the vfaintiff? = notific ation of a hearing to be hek Ps . y . a. . a - . on November th, 1949, as alleged in paragraph 3 ot defendant’s answer, in writing? : id . . t Interrogatory Oe n= Reg ca er, No. - 3 3 : oe eft If the answer to question No. 5 is- in the affirmative; Maintiff moves the Court .to order defendant to - | progfic ea copy of said notification of hearing for i in- spection and copying by. the plaintiff. . Was the hearing as alleged in paragraph 3. of de. _ fendant’s answer held before an ofticiat or employer of the defendant? ©. —— . If the prt td qtiestion No. 7 is in the affirmative please’ \state the name, position held with the de-— fendant, and home addresseof said’ employee or etic ial, both at the time of said hearing and at the tine of answering this interrogatory. . . Was a stenographie record mane of the. proceedings ‘at said hearing? : tf the answer to interPogatory No. 9 is in the’affirma- * tive, plaintiff moves the Court to order defendant to Br ol. 24) — «© to produce a copy of said stenographic’ record for in-.. neice: and copying by: the Plaintiff. see: | . Plesse. state the name, position held with the de- fendant, and the address, both at the time of said hearing and at the time of answering this interroga- ‘tory, of every employee .of the defendant who was present at said hearing, either as an observer, ad- viser, counselor, or witness. ‘ 2, Were records or exhibits of‘any kind introduc ed into - evidence or presented, as evidence against the plain- tiff at said hearing? . If the answer to inter rogatory No. 12 is in the aflirma.” tive, plaintiff mov es the Court to order. defendant to produce a copy of all said records or exhibits for in-. spection and copying -by the plaintiff. eee Was a written decision issued within five work days after the close of said heang? li the answer ‘La interragatory Na: 14% is in the. afiems®. =x t? ve; rlaintiff move $ the Court to order the defendant to froduce said Written decision for inspection and copying by the plaintitt, Ss = «—C Interrogatory Sa ; | No: - 16. Over what period. or periods of time had the plaintiff - been employed by the defendant according to the ‘records -of defendant, and during said period or periods in what capacity was the plaintiff employed — by the defendant, and at what locations within the defendant’s inter-national system of airways. was ee. .: «plaintiff so employed? - | 17. Do the records of the defendant show that the eee . tiff was on leave or leaves of absence. at any time . during 1949? *e ee ee na 18. If the answer to question ‘No. 17 isin the: affirma- 7 tive, please state.the date’ or dates of such -leave or: leaves of absence as shown by the. records of the ; defendant, and the Se er reason therefor. - 19. Dé*the records of the defendant show the number of - sick leaves taken by the plaintiff during his entire period of employment with ee defendant? | 20. If the answer ‘to question is in‘’the affirmative, _ peease state the date or dates on which sick leave or whether or not the plaintiff was compensated for "~ time off on such sick leave or leaves and the amount of such compensation, if any. 21. Did an official or’ an employee of the defendant ake leaves were ; taken and ‘the reasons therefor, and’. -, a complaint against the plaintiff for abusing the sick . -_ — leave provision of the contract - referred to in the com- plait? si, “ 22. If the answer to “question No. 21 is in the affirma- tive, please state the name and address of such official or employee, and the position held by him “with the defendant, both at the time said complaint was made and at the time of answering this. inter- rogatory. ~ DO Bo 3 3. What is the net financial witth of the -defendant, Tfanseontinental And W estern Air, Ines; and please explain how suel net financial worth of y de- (fol. 26) fendant. is computed. - é | to “—~ “Inferrogatoryy 1 | ee Rone st - No,: - We eee Ea = 24. Has defendant issued a financial statement for the > ‘year 1950? 25. If the answer té No. 24 ta in the piskties. plaintiff moves the Court for an order requiring defendant to produce a copy of such financial state- ment for inspection and copying by. the plaintiff. | 26. What is the nanie and address of the individual re- sponsible for the preparation of defendant's financial — cS go ecg Sel or a = | - Where .are the company-wide ‘financial dtatentents \ - | of the defendant>located, and what is the name and . : a address of their present custodian? . | e aa lie Nae, Fred J: Freel, Attorney for the Plaintiff. Keceived | copy of the foregoing interrogatories and q Motion to Produce, this 29th day of August, 1950. es 4 Garrett & Ruark, Attorney for Defendant. Tule endorsement omitted:} ' Tae eee ‘3s TE. © GS ae ‘ 4 | fol. 27] Ty U NITED STATES Districr pssaisse$ i As : « _Answer® TPoplorremnce routes To ‘Derenpaxt AND Motion To Propuce—Filed September 12, 1950 Comes now the defendant, Trans World Airlines, ine. by John P. Mead, its Labor elations Director, | makes Answer to Written: Interrogat yries heretofore. filed, and . states: ‘. ; pa Te a Novethber g. 1949. : f- ya Reet See eas ne ae . 3 ; x : ‘ Nk ies 4 ater Lapeer io = . See answer to 2. +. ‘>. Yes. , 7 -_~ . ree, " ay . Yes. . Mr. BK. T: Huff, Ginn i ine Maintenance, 6032 Hardy, Merriam, Kansas. . t. e 9. re » Aireraft Shop, 307 Coronado Road, North Kansas ‘City, Mo.; W. . No. ; : . 3 i \ . Ma Mk we See answer to 9. “2 . F. Woodling, Regional Director Industrial Rela- : eat 220, W ent. 70th Terrace, Kansas City, Missougi; —, baer. P DeMattia, Mee hanie, (Unknown); V..Villnave, are? 3607 : Vi irginia, KanSas - City, “Missouri; . EK. Bowman, Inspec tor, Route: ¥10, Nofth Kansas Thol 28) City, Mo.; H. M. Hamarstrom, Master Me-. chanic 4121 Walnat, Kansas City, Missouri; W. J. oy aren! Foréman—Engine Prod., R. R. #1, Kansas * City, Kansas; R. W. ichtenberger, General Foreman | North 32nd ‘St. Kansa’s City; ; D. Myers, Manager—Overhaul, . 4811 W. Hawkins, Administrative Assistant, 4206 West 73 Terrace, Mission, Kansas; F. M., Hiddin, Personnel - — Administrator, 413 Bast 45th St., North. Kansas C ity, , a Mo, Kansas; L. "12 : re 13.-See: answer to 12. — MG ‘14.. No written decision was issued inasmuch as plaintiff) ; “y oluntarily resigned at the conclusion of said hear- . “ing. : ” ee : } : = * 15. See answer to 14. Seats de sn eee og 16. ~ Date Position. Location — ‘a io. 19-42- 3- 1-43 “Apprentice Me- Washington Na- chanic ¥1 = ~— tional Airport’... 3- 1-43- 7- 1-43 Junior Meé- - Washington Na- | oe chanie *2 tional Airport. = « 7: 1-43- 1- 144 Junior Me-. Washington Na- - a epee chanie ¥1- __s‘ tional Airport chanic ek ; Kansas a — 17. Yes. pisses : = : awe “C ause: or Reason: therefor \g 18. Daté of, Absence ~ _ |» Give by Plaintiff eee 8-17-49 Sy ie ee Stomach : : “8-18-49 i eto Upset Stomach’ = # 9-98-49 + . ._ Upset Stoniach. 10-19-49 Sore throat.and cold 7 11-8 -49 Bee Nic Ao nS. 19: No. i » be 20. See answer to. 19, ae 21. Yes. ae ; S 22. Mr. L. Dd. Myers, ackane Overhaul, 4811 € ‘oronada. + Road, North Kansas € itv, Missouri. “[fol. 307 .23.°The net worth of ‘the defendant on December 31, 1949 was $20,955,464. The: balance sheet reflecting said net worth and rel: ited statements of income and © gurplas. weré cértified by Messrs. Haskins & Sells, Temple Building, Kansag, ( ‘ity: 6, Missouri on Mare th 16, 1950. . 24. No. . oo, Jog See answer to 24. 26. Mr. A. V. Lestie, Vice President and Tre: isurer 20 _ West Oth Street, Kansas City, “Missouri. a *," ww + Seer : * : s 27. See answer to-26. eid ae epics aoe Trans World: Airlines, Inc.,° By Jehi P. Mead, eo Labor Relations Director, Ragen eee we ine eae sworn to * by: John a. ‘Mead. Jurat omitted im printing. : | a ae : Geena, os, Tol 31] Received a copy of the ‘above and. foregoing mt 3 _ Answers to Written pasos ere iio this 17th day of Sep- tember, 1950. : m Fréd J. Freel, Attorney for Plaintift.- "ER ° a File endorsement omitted: ee Sokare ; : A a soo i : | [fol..32]) Ix Unrrep, SrazEs Distaict Count. Eales Ohs MeO eh PLAENTIFF’s IN RROGATORIES To Derexnaxt—Filed “.. February 12, 1951 ‘Comessnow the plaintiff ander ‘rule 33 of the Federal Rules of Civil. Procedure, as amended, and submits the following interrogatoriessto the defendant to be answered - by the defendant under oath according to law. Plaintiff . further states to, the Court, that the matters and things herein. inquired ‘about are material and relevant to plain- tiff’s cause,, and are wholly within, the custody or knowledge ‘of the defendant. | decinane ° ¢ Please state the number of employees of the defendant, ise were charged with abuse of the sick leave provisions ‘of the eontract referred. to in the te omplaint during each of the twelve months of 1949, -at defendant’ s overhaul: base f% . in Kansas City, Kansas. ° a0 +f ore lease state the number 4 employees at defendant’ s overhaul base in Kansas City, , Kansas who were discharged for abuse ofthe sick leave provisions of the ¢ontract re- referred to. in the. complaint during each (of the twelve gatas of 1949, ; “a ees 3 : ; . Did the defendant have a Written or unwritten: policy ee of sisdiey ition’ oy administration of the sick leave provi- sions of the contract re ferred t to in plaintiff’s vetition? * ° vat "4. If the answer to inferrogatory No. 3 is in th - affirma. ‘tive, ‘please state such policy im: - the ansWey ‘to. this in- _ terrogatory. ‘& Was there “any change in ie defendant’ S policy per- | taining to the sick leave provisions of the contract referred _ to in the sop apr in October or Ngyember of 1949? | - ffol. 33] . If the. answer to interrogatery No. 5 is in - siicative please state what the change i in policy’ was: “*) -Were there any letters, posters, signs or ‘notices dis- eS - tributed to or placed upon a bulletin board for the informa- tion of, defendant Ss @Plovees at its overhaul base $. ~ Kansas ( ity, Kansas ¢ pertained*to the sick leave. Nisam of the contract re. y the defendant during 1949 whi is? red to in plaintiff's petition? ’ 3 . If the answer to interrogatory .N Jo. 7 is in the athens ee are copies of such letters, posters;‘stgns or notices still in the possession of the defendant and. what is the name of _ custodian? - ae | What was the practice or custom of the- defendant in cma ta ‘a vonfirmation: of si¢kness’’ of ah employee at its - overhaul base in Kansas City, Kansas during 1949 upon ain employee’s return to work after ap illness of one day or after any abserice from work due ‘to illness of an em- ployee at said overhaul base? e Fred J. Freel, Atterney for Plaintiff, HOO - Bryant - ‘Building, Kansas City; Missouri, HArrison 3632. e Mailed CaPY of foregoing to Garrett & Ruark. "xthorneye for Defe ndant, 82° Scarritt Building, Kansas City, Missouri with sufficient’ postage ‘hereon, thig 12th day. of. Febr uary, 1951; >. K red J. F reel, Attorney for Plaintift N fol. 34 Bats. | [File endorsement omitted ] ’. ; a eS ‘ * ’ ¢ [fol. 25] ¢ In Unirep STATES Disprikt Court Axswins To Puainvire’s Ixrerrocarortes ‘To Derenpant— . SRE I" ebruary 28, 1951 fei “5 Comes now the dete ndantt, Trans World Airlines, Ine, by John P. Mead, itty Labor Relations Director, rhakes 5 “Answer to Written Litrrogatories heretofore filed, and iS states: —_ e etiployee was charged with abuse of, the sick ave provisions of the contract, referred to in the _ complaint during the month of Oetober 1949 and four employees were so charged during the mouth of No- vember 1949... - ; 7 As a result of the charges set out in (1) above, -one giro ee was, discharged in November 1949 and one: resigned in October: 1949- and: two resigned in Novem- 7 ber 1949. gees ° | Vag . / os W hile the defendant had no written policy of interpre- tation or administration of the sick leave provisions of the contract referred to in plaintiff’s petition, de-, fendant’s interpretation and administration was well. - known to and concurred in by the International As- sociationJof Machinists who represented defendant.’s employees under said contract. ‘Said interpretation and adminisifation ¢ can, be summarized as follows: Phy sician’s certificates were ng ordinarily required te confirm ilnexs, ‘of three days or less, the defendant. rekving oy the honor of the individual employee in ‘}fol. 36] stating ‘that he was too ill to perform his as- signed, fasks. - Muploy ees and the Union recognized an “obligation to be truthful and honest and to prevent un- hecessary absences and other abuses of ‘sick leave. privileges. The Unidn coope ‘ated with defendant in '* Heinting out to its merhbershifs the absolate necessity of preventing abuses: if defendant Was to continue its liberal poliey. “ Nbuse of sick leave privileges was recognized as a serious offense invelving suspension and dismissal. When é@vidénce of abuse came to the: attention of the defendant, the émplovee involved was | ee ad , Y \ » wee . : : é = m . 4 ‘ *. ‘ e 4 3 . : bt « . i stfspended pending hearing under Article XI of said : contract. . cae he ae ot a: No. | gAe eee . ma poem 6. See (5). Soeig: ne pa Pa. ee, Soe | 8. See (7). eae we See ia. fay ieee eae * > —_frans World Airlines, Inc., By John P. Mead, Laber Relatfons Director, : . o ° e é . (fol. 877 Duly sworn do by John P. Mead. Jurat omitted Jin printing. : — — Mailed copy of foregoing io Fred J. Freel, 900 Bryant Bldg., this 25¢h day of Feb., 1951, Jean’ M. Brady, Notary * °* Publie. AJy-Commission Expires: Oct: 15, 1954. oa | a Ruby D. Garrett, Attorney for Defendant. ive o 4 [File gndorsement omi fed. | 2 (fol. S01. ee. Unirep States District Court Pre-rRiaL OrpeR- OF THE District Cou rt—December 28, Lee 1950, G p P-trial confer ence held fhe above- entitled cause, the time of the bringing of this action, plaintifl Was | a : Sident of the State of Kansas.") 0 DEP xhibit A, here marked, is a edpy of the ncreorsent be- twéen Transcontinental and Western . Air, Ine., - and the Meehanics and Related Employeés in the service of Trans- . continerital and, Western Air, Inc, as represented | by the” International | Association ‘of Machinists, executed March 22, 1949,-said contract being’ the bargaining agreement eovering plaintiff's employnre nt with defendant. Said ex-- hibit is now ‘admitted in ne at and made a part of the recordin this cause. . : exhibit 1, heré. marked, is a capy ‘of a letter; dated No- vember 9, 1949) relative to the suspension of, plaintiff and . . : ¢ " . . : e © . 4 ° wi 2 » : . a 4 . ° . 5 . > . . e - > JU hearing to be held regarfling the same on November 11, 1949, Plaintiff contends that ‘copy of said letter was not delivered to him until after the hearing therein referred to was held. »Defendant’s contention is that a wopy'‘of said letter, was delivered to plaintit? by Mr, Parker: on November 9%, 1949, . ; -Exhibit 2. he Te marked, is the’ restr plaintiff, ungler prote st, on Noventher 11,. 49>atfer hee ing on plain ~ suspension was held before Mr. ‘Ed Huff. Exhibit 3, here marked, is a copy of Emplovee’s Notifiea- tion of Absence, as. prepared by. one of -defendant’s uurses, relative. to plaintiff's absence from service on fol. 39] November 8, 1949, ; | Said ahowe-exhibits are now ' admitted in evidence and made a part of the record in this beam 4 en to. the respective contentions of the parties. | It is plaintiff’s theory that, he was not ‘given writt en notice of the charge made against him before hegring was held on. his suspension from service. Plaintiff wc that he a.tended the hearing so held: on November 11; 1949, and knew of the nature of the charge made against him prior to attending. . It is: plaintiff's furthér contention. that’ the ‘hearing held by M r. Ed Huff, Manager of Line aeaaergye for defend: ant, was a prejudiced and unfair : hearing, 1 that Mr. Huff pete judged said matter before hearing ' evi- dence théreon. After said hearing was held, Mr. Huff an- nounced a decision to the effect that plaintiff should be dis- churged “from service, but, before officially: entering such decision, he extended to plaintiff an opportunity to accept said decision or to execute & resignation from service. Plaintiff thereafter executed. a resignation, but “he contends that lie did so under protest. ’ 3 Deféndant’s contention: issthat, after written notice, of the nature of the charge e made against plaintiff, a hearing was held, at the termination of. which plaintiff executed a resignation from service, - . ‘ ‘The parties are to sulfnit dial. briefs and requests for charge to be made by the Court pn’ ear h issue here involved, five (4) davs before trial. [fol. 49! This gause ts now set for tal o on Monday,- Janu- ary 29, ion; at 10: (00 o’elock, AM, before a jury, : it is ordered, that the trial of this cause be gov erifed by - the above stipulations and agreentents, unless modified by -: the Court to prev ent manifest injusticé. ages 2 Py Albert A. Ridge, Judge. to ae * ; aeiaee $1 .: Dated at esions ( ity, ‘Missouri, this 28th day of De- % Sdiber, 1950, + Le i rive. ae & , “Filed in the U wited States District: ( ‘ourt December 29, ° “1950. é [fol.41] ° PLAINTIFF'S EXHIBIT sth equipmgnt employees and in- cluding all & rades of Mechanies and Inspectors, Fleet Serv- iee Helpers and. Ground Service Helpers; Cargo, Commis-. sary, and Stockroom employees as certified by the } National Mediation Board on Nevember 20, 1945, and May ‘15, 1946. _ *, Artide I. Purpose of Agreement. (a) The purpose of this Agreement is, in the mutual in- terest of the Company and the employees, to prov ide for the operationsof. the services of the Company under methods. *Shich will further, fo the fullest extent: possible, the safety of air-transport ation, the efficiency of operation, and the continuation of employment undergconditions of reasonable - working hours, proper compensation, and reasonable work- ing conditions. It is recognized by this Agreement to be the duty of the C onipany and. the employees to cooperate ° fully, beth n@vidually and collectively, for these purpases. (bh) No “employee covered by: this Agreement will be*in- terfered with, restrained, coerced, or diseriminated against . by the Company, its officers, or agents, because of member- ship i in or lawful activity on behalf’ of the Union. (c) It is understood that wherever in this Agreement employees or jobs are referred to in the masculine gender, it shall ly recognized as referring to both male and “femsile employees. a e “Article Tl ‘ \ \ Poe, ‘Bene of Agree} nent (a The Company agrees all work generally rescuaiaed as mechanical inspection work, mechanie’s work, and help- er’s work sperformed in and about \C ompany shops, main- tenance bases, overhaul bases, fine service, stations, and (fol. 41-2] other Company facilities, including but not limited to mechanical work, involved i d‘smantling, over- haulings Fy repairing, fabricating, assembling, welding, and erecting: gabe ree of aigplanes, airplane engines, radio equipment, electrical systems, heating systems, hydraulic! systems, and machine tool work in connection therewith, and ineludine the dismantling, vepairing a, asse mbling, and el recting of all mae hinery and mechaniecai dey ‘ices and auto- - a3 ‘ BH nrotive and building masbadinniaen and repair , work, and the vork of Steres Clerks, Conimissary Clerks, Commissary . Helpers, and Cargo Agents i in the handling of stores stock, “commissary. supplies . mail, express, ‘argo, and. freight is recognized as coming within the jurisdictign of the Inter- national Association of Mace ‘hinists and is covered by this | Agree ment.’ : (b) Emplovees cove red by .this Agreement shall: be gov- erned by all Company rules, regulations, and orders pre- viously ar hereafter ‘ued by proper authorities ‘of the Company which are not ini conflict with the terms and eondi-. tions of this Agreemént and % ich have been made avail- able to the affected employees prior to becoming’ effective. (c) It is agreed thet gall work covered by this Agreement shall be perfor med by: ¢ ethployees in- ‘the’ classifications speci. . -@ fied herein, except that at other than ‘major stations’ or . overhaul bases on sltifts where theres not sufficient work as herein described for Ground Service Helper, Fleet Serv- , ice Helper, Gommissary Clerk, or Carge Agent to justify. the assignment of an employee coming within any of these —— any employee who is in the same or higher pay bra®@ket may be assigned to do the work. It is recognized that at major stations where Nias «the scheduled number of flights are on the ground at one time or in cases of emergency where it is necessary in order to maintaig flight schedules, any. employee who is in the eb or hither classifies tion may be assigned to the per- rynance of ‘work covered by any of the classifications | i gov ‘e, In this event it is “understood, however, that . pasa outside the classifications covered by this Agrt®- ment will not be assigned to perform this work if employees in the same ®r higher classifications covered by this Agree~ ~ ment are available and ‘ec: an be assigned without interfering with their regular duties. If the Union doubts the fairness ‘of the assignment, it miay invoke the grievance procedure for settlement of the matter. S - ¢ fy & ee [fol 41-3] Article TH Status: of Agreement pice (a) [tise expressly” understood and agreed that.w han mthis Agreement is accepted by the parties and signed by their * authorized: representatives, ‘it will supersede ‘any and all avreemeuts existing or previously executed between the’ Company. and any Union or individual affecting the, craft or class of employees covered by this Agreement. (b) It is further undergtood and agreed that all provi- signs of.this Agreement Mall be. binding upon the succes- ' sors or assigns of the Company. ‘In case of a consolidation or merger, representatives of the Company and the Union will meet without delay and negotiate for proper provisions for the protection of employ ee seniority. -and other property rights. (ce) All matters. nut: ‘covered by this Agtechent or the Railway Labor: Act, as amended, shall remain exclusively and without. limit tation within the prerogativ es of Manage- ment. i A rtjcle IV _- Classifications of Work = - (2) Mechanical Classification mee oi ay ‘Lead Inspector : The work of a Lead Inspector shall.consist of and include leading and direging the work of Inspec- tors and performing such inspection werk as may be required to the satisfaction of the Company, and must hold valid Federal licenses as required for his assignment.as set forth in Artiele V. A Lead Inspee- tor will not. Supervise og direct the working force other than Inspectors but may be required to give ° **on-the-job’’ instruction, and training to Inspectors. (2) Inspector ||: , ‘ The work of an Inspastor will consist of and include bases mae ov ‘erall itispection of C ompany aircraft Qneluding , S)power plant} in connection with major repairs ‘and - ° overhauls at those points on the Company’s system ’ e dé te Fore AT Aes FO SAR ep eee H Rs RNR EI ela AL END bial ERO HE, yiteisite ss) rae . Sipe alata beh Tar 3 es 4 as BME: ea a x t 3 at ee Ore eae ‘ Samia ike S55 Se y pe alae EES LIA PL ee od -where such work is performed. The work of Inspeec- _ tor will include the inspection of materialg, paxts, ‘ and subassemblies as neeessary. An Inspector must he pices of performing the ins} rection ° “work as- bol. 41 -4] signed to, the satisfaction of the © ompany and must hold valid Federal ‘licenses for his assignment - - “as set forth in Artic le V. Iie shall be selected from * — ° the Meehanie or higher classification and Wil net ie Bee Supervise or direct the working foree.- ° (3): Lead Mee hanic The ek: of a Lead Mechanic shall cons&tst of and include leading ; nd directing the work of other em- Veet oy performing such .mechanical work as may be re- x * erste t, RPP RES RECS ed hold valid Federallicenses as required for his as- ig a . aie al Aa may be required to: sign for his own work‘and the - work of others in his group (not including work his- .torically performed by: Inspectors), provided, how- ever, that sach signing shall*nét relieve any other 6 -work he performed lor from being required to’ ~chanie may he required. to give ‘ton-the-job’” instruc- tion and training to employees. of any classification’ - except Enapettora f covered by this Agreement. | ..(4) Master Mee hanic - EP 4 = *4 A Master Mechanic shall be any Mechanic who, after two and one-half (21%) years’ employment by the -Company as a Mee hanic, has availed himself of’ an aa opportunity to take and successfully pass the appli- . eable portions of the Master Mechanic’s examiation (written arid practical) for his station or department - or section thereof and x vho possesses valid Federal : 2°, . icénses as required for his assignment, as set forth in Article, V2 Applications for examinatiow and as- sigmment to Master Mechanic rating will be. subjest to Article a (a) (1). The Master Mechanic’ S eX- ployees of the Mechanic or. lower classification ¢ and quired to the satisfaction of the Company and niust signment, as set forth in Article V. A Lead Mechanic: mn cs appropriate Company work. records. A Lead Me- member of his group from , responsibility — | % amination as irzceed upon by the C ompany and the Union for each brane h of the mechanics! trade will. afford the eligible Mechatic an “opportunity. to- _ demonstrate his ability to perform any or all phases _. .. of coestiuction, repairing, assembling, and installing . all units.cr component .parts of airplanes, engines, or equipment handled in the ‘particular. department ‘or section. to which assigned, *\ Master Mechanic — may be required to give ‘‘op- th@job”’ instruction ~ftfol. 41 5] to employees of the sane or lower classification » | Mechanic ~ ~brtshall not perforn the work of .a Lead Mechanic in leading all cling the Ww ork of other employees The wofk ofa Mev hanic. shall consist ‘of “and include any and all work generally recognized as mechanics’ work performed in and about Company shops, main-~ tenance basess overhaul bases, and Company build- ings, inc luding but not limited to mechanical work involved in dismantling, overhauling, repdiring, fabricating, assembling, welding, and erecting all parts of airplanes, airpline engines, radio equip- ment, electrical systems, heating systems, hydraulic sVstems, and mac ine tool work in connection there- with. In addition, the work of-a Mechanic. shall in- clude the dismantling, repairing, assembitwt:, and work. A Mechanic with oné vear or more experience may be required te give ‘‘on-the-job’’ inforination to ce anathor Mechanic and to instruct apprentice mechan- but will not be held responsiblé for instructing more _ one (1) apj re ntice mechanie® at any one time: « i ~ (6) Mee hanie Helper The work of a Mechanic Helper shall intchide the. performance of sheeple repetitive | johs sie ‘has elean- ing spark plugs, moving parts and equigimne nt ex- ; clusive of stores stoed, cleaning out oi! tanks, other - erecting. of machinery, mechanical: devices, automo- : tive equipment, and building maintenance and repair duties now recognized as Work of a Mechanic Hulpe r, = ae ; simple ‘repetitive jobs + as agreed wpon. between the. é © ompany and District 142 of the Union and assisting of Meehani¢s as required. Mechanic Helpers will perform no work géererally recognized as Mechanics? - work. The 6% of Mee haniie Helpers to :-Mechanics ~-exvlnsive of Lead Mechanjes, Master Mechanic¢s, Inspectors, and Ledd Inspec tors) \systemwide shall not exceed one fo ten (1 to 10). :. F (7) Ground Servi ice Hélper : i The work of a Ground Service Helper shall consist : of and include driving all types of trucks, tractors, and antgsnotive equipment, the ‘servicing of aireraft . and automotive equipment with fuel oil, and water, [fol. 41-6] the changing of oil, and the greasing of aircraft “ and autonrotive equipment, operation of bulk* fuel Dis stations, portable air conditioners, and beoster bat- — : — teries, the placing and removal .of swiigeand engine a e - covers, and the blocking er of aircraft. nm | A Ground Service Ilelper: maiptain equipment . * e used in-his work in a clean, safetondition ; however; ~ -s. > he shall not perform any mechanical work of any .% "nature. It-is further agreed and understood that a- ' Ground Service Helper may be required to perform other work of a general utility nature. © * (8) Lead Ground Servi ice Helper A Lead Ground. Service. Helper will he familiar with all of the duties of a Ground, Service Helper. and will be capable of performing all such duties and will | perform such duties if @irected by the Company. Jn — ‘ Peta. addition, he will he aw orking feader ‘of the group. (9) Fleet Service Helper - . ‘Thy work of a Fleet Service Helper shall indlade all ~ ” eleaning, washing, and polishing of aircrafi, both on the interior and exterior. He may also be required to’clean all parts ramp) and automotive equipment. A Fieet Sérvice Hetper shall do’ all echattine of park- ins lots (provided that no driving is required), mul. ing ‘hails. removing: sew, clean ing ramps. and side. . = i 38 fo. 41-7] inside (also outside fitst story window washing) | walks, moving materials and: equipment (exclusive of stores stock), -provided that he operates no ma- chinery. The Fleet Service Helper will do all,other | work generally recognized as common.dabor, and may. be required to perform janitor work, and he. ™ shall do. no mechanical} work or work of a higher classification. ° (10) Le: ad Fleet Service: Helper ee © - A Lead Fleet Service Helper will be familiar with ° all of the duties. of a fleet Service Helper and will be captble of performing all such duties angqvill perform such duties if dirécted by the Companlf In addition, he will be a w orking leader of the ggoup.. ’ lyioinhs SU noeE tis Bose ots Ee s a ° .: 6 . o Sy (11' Janitor RO OR Ot Mila Seber ee RDA DCD ISN ROS IES The work of.a Janitor ait overhaul bases and mainte- nance bases shall censist of and include the cleaning oh ¥- ei aoe of builditigs and hangars, sweeping shops and walks, grass cutting, and. other work normally performed | } | by Janitors, ! | ; aw . (1: 2). Lead Janitor * ri Ee : 4 A Lead Jenitor. will be familiar with all of the duties 4 of a Janitor and will be capable of performing all such duties and will perform such duties if directed by the Company. In addition, he will he a working 5 . leader of the ‘group. 7 — B (b) Stores ( igcatication s (1) Stores Cesk ot Pisin. Sree 4 4 A Stores Clerk will do all work generally recogni d as the routine dies of a Stores Clerk in and abot _ the _ Company storerooms and stockrooms® The — + duties “of a Stores Clerk shall include the delivering — of parts and materials at overhaul ‘bases and. other places where TEs hanics do not acc fomplish this Work. 5 The duties of a Stores Clerk shall also include the driving of trucks in transporting store supplies. oo (2) Lead asia Clerk: ; atl Y ae ‘oe > A Lead Stores Clerk -will be’ familiar with all ion _ duties of a Stores.Clerk and will be capable of per- - | forming all such duties and will perform such duties if directed by the © ompany. In addition, hie will he A a working le: ider of a airs ° _ (3) Receiving Irspector 2 & ie A Receiving Inspector will be eapable of inspecting. \ “and will inspect material received by the receiving Bere section when inspection is required ‘or assigned. It Bi _is understood that these employees will not do any. work ree ognized as mechanics’ work, : “(e) Commissary ( ‘assification Bey. (1) Commissary Helper | / ° ‘The work of a Commissary’ ‘Helper will consist of and include the cleaning of all equipment used in the ers will also -be responsible for the cleanliness of the department. Commissary Helpers will not be per- ‘mitted to perform any of the other duties of a Lead [fol: 41-8] Commissary C ‘lerk or © ommissary Clerk. wey ( 2) Commissary Clerk The work of a Commissary. Clerk will consist of and include the checking and ‘handling of commissary > and passenger service. supplies and’ equipment, and " shall include necessary. work relative to the prepara- tion of planes’ service equipment fer flight. In addition, the work of a @ommissary Clerk will in® ’ elude ‘transporting to and from the commissary or - . food unit and the planes #uch service equipment. Commissary Clerks will be responsible for Ypading and unloading equipment and shall do-all sim#ar work generally recognized as that of the commissary department. —. se . { 3) Le: ad (* ommissary Clerk ¢ De x te e \ Lead Commissary Clerk: will be familiar with all the duties of a C ommissary ¢ Terk and ( ommissary ee ‘operation of the.commissary, and Commissary Help- . £3 MB oe 2 @ _ Helper and will be capable of. perforsiing’ all suth \ duties and will perform.such duties if directed by the . C ‘ompany. In addition, he wit \be a ‘working leader’ of a. group. . ENE. ye sgh hgen tay: Cargo Ck assification oe Sher (1) Cargo agent 3s eeiet Se sel : rie The work of a C argo Agent shall ccusink of and in- clude all manual’ work in connection, with loading, ®- - unloading, and handlifg all mail, express, cargo and _- . freight, and ‘all similar work geners lv recognized x \ as that of he. cargo department. thing in this :\ Agreement ‘shall prevent a Cargo Avent from re- ceipting for shipments tendered, | completion: of ‘ \ forms, etec., in preparation for advancement, when “\so approved by the station manager. (2) Lead C argo Agent A: Lead. Cargo. Agent will be Veniiley. with all the duties of a Carga Agent and will be capable.of per- forming all such duties-and will perform such. duties” if directed bythe C ‘ompany. In addition, he will be” a working. leader of a group. “(ey In the respective duiestoneits listed above, wherever it is necessary "to, maintain more than thrée (3) Mechanics ‘on a shift, there will.be owe (1) Lead. Mechanic ;.whérever _ [fol. 41-9] it is necessary°to maintain more than three (3) Inspectors on a shyft, there will be one (1) Lead Inspector ; wherefer it is necessary to maintain more than:three (3) - Stores Clerks on a shift, there will be one (1) Lead Stores: Clerk; wherever it is snecessary to maintain more than | three (3). Commissary Clerks on a shift, there will be one (1) Lead Commissary Clerk; wherever’ it is necessary to” maintain more than three (3) Cargo Agents on a shit, there will be one (1) Lead Cargo Agent. No. Lead will required to le: 1d and direct the work of - a group ioe, ets x more than twelvee (12) other emplovees.. (f) Mechanics who held temporary rating as Master’ Me- chanic: under memorandum of be carps nt dated Fé ‘bruary 18, 1948, atid who fal ar have role d to pass the applicable Si, hiseie) Seah = 3 3 a i : re 4 oe FD 5nd. ih DN wee Sean Sa ee Re esa oe PRS iar asgha HaaN wv Ries) oe any coe. a boi 3. a $ SFR tora CAN OE SG TEL tS ™ ie w" 41 “portion of the .examination;-or failed tl y therefor prior to November 2, 1948, may be require} ty continue an exercise of tlreir Federal licenses in behalf‘ofthe Company ~ in signing off-work, aircraft, enginee or radio, but the wage rate of Master Mechanic 1 may be discontinued until the Me- sane passes the examination. Wace D (g) No Merhanic holding a ‘permanent. Master vratj prior to Februar 18, 1948, will be required to~take_a further examirfation to maintain his rating. Ese as e\ weer o iss peed “Uasticls . YS _,’ Examinations and License Requirements (a) Exarninations fof Master Mechanic Rating . (1) Apolieations for Master Mechanic’s examina- tion will be processetk as promptly as possible. Those * emplo¥ees who successfully pass the Master Mechanie’s ro éxamination “wittbe given the Master rating ‘und_ the | Master wage rate: witiigfifteen (15) days “after the ® date the application is fe&eived by the-Cempany; pro- vided that unless the Conipany desires to increasethe_ ratio, the: maximiaum number of Master . Mechanic ratings to be maintained on the system will not exceed forty (40) per cent of the total number of Mechanics, "Master Mee hanies, Lead Mechanies, Lead Inspectors and Inspectors. during the year January 1, 1948, to De- cember 31, 1948; “fifty (50) per eent during the year - ‘January 1, 1949, to December 31, 1949; and-sixty (60): per cent durin the year January 1, 1% 50, to December [fo]. 41-10] 31, 1950. -The Company may exercise its -, option in. giving -or’ refusing to give. examina- ’ ‘tions: and assigning Master .Mechanic ratings if the percentage is filled at the time. Mechanics achiéving a Master rating under the provisiens of this Agreement* will Not be required to take any further * . examinations or tests fo maintain their rating. (2) Where ‘license or licenses are required, Mec than- Ker f tik ic required v alid Hadoral lie “OTOL will . it he required t 0 satisfactorily complete only the practi- ‘al portion of the Master Mechanic examinations, ee eee Biel Pollers 7. eae is te ic > jase ss (b) e 5 *y (3) Where license or lieenses are not required$, Me® ~thanies will be required te “eomplete both thé written ind practical portions of the Master Mee hanie exami- | _ nations. : : ; (4) Employees who fail to. sia the Master Mee hanic examination’ will not. be allowed to take the same ex- amination within ninety (90) days. from ‘date of previ-, ous eXaminagion. ~ os 5) The examinations, spethods of writin: ‘and ‘ap- yilication ofthe examination. shall be reviewed with a : Cemmittee designated by District 142, and the results of any examination. shall be open to inspection by the Local ( ‘ommittees © License Requirements ; : +4 ieee ei ‘Lead Inspectors and ‘Inspectors a (a) Overhaul Bases (1) Airplane Overhaul—Hangar - Must possess aircraft and aircraft engine li- . eensée or radio-telephorie license second’ class or higher depending upen the work. to which nor- mally assigned. _(2). Engine Overhaul — - Propeller Depart. ~~~ment * Must possess aireraft engine license. (3) Radio- Department. ? Must possess radio-telephone second class or _ higher, ? (b) Fina Stations . ‘Must possess aireraft and ‘aireratt engine iaiias or radio- telephone license second class or higher- depending on work to which normally assigned. fol. Al-11] (2) Lead. Mechtnics and Master Mechanics (a) Overhaul Bases 4 ‘ (7 ) Airplane Overhaul—Tangai Must possess. aire raft or airer alt engine ie cense, : ©. * - . , . * 3 (2) Accessory Overhanl | ‘Departments where a meee is obtainable. =.’ ; . Must possess: aircraft or aireraft engine H--° cense.. | . ¥ (3) Engine Overhatl Department Must possess aireraft etigine licénse. 9 ° “(4) Radio Department “s ek Must pers radio- telephone live ense second ~ class or high ahr aug e : a “ r) i e i . ae > — ral! A . ca io SEP Stinks a5, Se 2 Se hai Be Ae ai hts" Dee: NBL aS eB de aS I ER ag EM ? (3) Line Service. Stations (b) Line Stations a. 3 Must possess fircraft and ‘aircraft engine license | and restricted radip-telephone operator’s “perinit, or radio- telephone license second class or pigher if assigned to radio group. Pied » Mechanics holding: or bidding for liné service a%- - ; - oe sy aoe ge AS ag hg eS Be tt A a see ee ae Te BGA RSs SES Ce EERE signmente way be required to possess valid aircraft ‘ind aircra:t engine license. and restricted radto-tele.- ‘phone operator’s permit, or radio: telephone ligense second class if assigned to a Line Service radio shop, ° or group.’ If required to possess such valid licenses, ‘the: job will be desiguated..with Master -Mechanié .. rating and successful bidders will be required to. either have a Master Dlechanic rating?at the time of - assignment or pass the practical portion of the Master . ° Mechanic examination within ninety (90) days after “assignment. If’assigned without a Master rating to a mechanic job designated ‘as. requiring exercise ‘of. licenses, the ‘Reular, ate of a Mechanic will be paid uftil application for” examination is filed, and there: Meer subject to successfully passing thaexamination. a : ts (4) Mechanics regulart¥ assigne d to departme nts or + eroups not. mentid@ned: in (1): ‘and (: 2) above will be re- quired to successfully complete both the written and, practical Master Mechanic examination to acpieve a Master rating. - ~ Ps “ ° 41-12} (5) All examin: ations. “practical and written, ewill be given during regular working hours Ww ithout }O8s } of t time to employees. a 4 ( 6) ¥ = E 4 . 0 employee accruing senlority as a Lead in: Spec tor, Lead Mechanic, or Inspector on the date of this ; seem will he required to obtain additional licenses to maintain his ra ing.” . 7 : the évent” that ’ C ompany aud the Union will meet and make such changes . in the license requirement. provisions as become necessary. | ederal requirements are chineed, ‘the Tn the event that Federal Agencies or their agents determine that the work qxperien¢ fe which can,be ac ‘quired in a partien- lar shop ‘does not constitute the experierice required to @b- tain or renew Federal licenses, the requirements for such ~ licenses under: this Agreement shall be Waived, : 6 e . Be Es Article. VI ) eae %e > i eee é ae Seniority Gr ecaaenn: | ae cre goer (a) "Deltnitions: Ba tien. fet pe appilicable only to the mechanical classifiea- tion (1) System seniority shall he defined as the Tena of service for which an employee réceives credit, regard- ‘Tess of. loes ation, ir any. of the classifications covered hy this Agreement, with this Company. or any of it& predecessor s. ° The definition of system seniority shall include ability to perform the required work of the job a satisfactory nianner, and except as hereinafter wrovided sliall acerué from the date of entering’ a ¢classi- Gi: on a regular assignment. System: seniority tions ain only to Mechanics and higher within the . mechanical’ ‘classifications.’ (2) Point sehtaxity shall be itealk as the length: of service for whtch atm employee receives credit in -a @ classification. covered by“this Agreement, ‘at-a point, and ‘shall be’ superior: to systém seniority in making all determinations: The definition of point seniority ‘shall include ability to perferm the required work of the job in a satisfactory manner, and except #8 here- inafter provided, shall acerne from the date of enter- | ‘ing.a @lassification at a poiptena regular assignment. stew i a The principle of seniority shall apply in the applica- of ‘this Agreement in all reductions or inereases of c fen aiet h Ns RY ef te Sra a | / errors will he correéted currently sa Ni iu: Coe geile °.. Ma . 45 ; bs ERE po. . " : [fo). 41-13] foree, preference of shift assignment, vacation .- period selection, i in bidding. for. vacancies or new jobs, and _ in all promotions, demotions, or transfers involving classi- fice ations covered by this, Agreement, ° ae . . ee (Probationary Employees: eG ‘Frpley§ will be considered as probationary em- ployees for the first ninety. (90). days of their em- : om ment, and there shall be no responsibility on the. . -past. of the Company for. the reemployment Of pro- -. bationary employees if they are discharged or laid off during this period. If retained after the probationary’ period, the names of such ‘employeese shall then be- placed on the appropriate seniority list as of their date | of hire. * 7 ‘ 4 ; : 2 (d) Seniovity Lists: . Peat ia . Ne (1) Seniority lists, corrected, -to December 1 and | Jane“ 1 and prepared by the Company; shall be fur- nished eack’Local Committee and the General Chair- | man for the Union, und shale posted on bulletin boards ‘at each point onor before January 1 and Aulys . 1 each’ ¢éar.. Errors of omission .and typographical he the with a‘vepy furnished the General Chairman.’ Effective with the posting of July, 1948, @eniority lists, protest of seniority dates _ for correction of dates or for addition. or deletion of names shall. be opeu for a penod of thirty (30) days from ‘datg of posting. All subsequent seniority lists shall be open to protest for a period of fifteen (15) - days from date of posting, but: if the seniority date on a list is not protested ‘within the prescribed time limit ifter the initial appearance’ of a tame on a list, such date shall stand as-correct and official on all subseqive mt lists. Any émployee on leave, on special assignment, ¥ ina laid-off status, on vacation, or on sick or injured nbsence at the time of pesting shall have a period of fifteen (13) days, from the date of his return to service TC | to file a 1 test, or the balance of ‘the original correc- tion perigd, whichever is greater. Except as herein- _atter provided in paragraphs (3), (4), (9), and. (p): a : Peas Aes f of below, if two (2) or more employees within a classifica- _ tion have the sme seniority date, their names: will. appear on the seniority list in alphabetical order. a (2) The classes or crafts covered by this Agree- rent will be grouped into four (4) general groups as. ffol. 41-14} set forth below, with ‘a-separate seniority lst | . ‘for each classification within a grotup, and. for the ‘purpose of computing and applying. seniority, it is understood: that all, Company operations within any city or metropolitgaarea shall -be considered as one ‘point, except at Kansas City, where two (2) poimts will continue to be recognized for employees. in. Group ae 5 aa ll | Group, Now 1. : Group No. 2 Tad Inspector Receiving Inspector = . Inspector °* 3 .Lead Stores Clerk = y Lead Mechanic "Stores. Clerk Mechanie eee Mechanic Helper: °, , ; Lead Ground Service gs ” = Grotind Service, Helper } | . Lead Fleet Service Helper Fleet Service Helper ° baka Lead Janitor. SL eee ‘ Janitor | : a vad Group No.3 = / , ‘Group No. 4 — 1 Lead Commissary Clerk —. ,Lead*CWgo Agynt Commissary Clerk +» Cargo Agent ‘Commissary Helper ) Sic adeer : (3) ale y loyees covered by this Agreement who were classifiva as Mechanic, Senior Mechanic, Master Me ehanic, Lead. Mechanie, Inspector, or Lead Inspector ogepJ angry 1, 1946, shall be credited with continuous seniority .as a Mechanic from the date their name first appeared on the Company payroll as a Mechanie or higher classified. employee. This: seniority date shail be both their system seniority date and their point seniority date’ as a Mechanie om all future rosters, “unless an individual has changed point location since ave | ao . fied as ‘*temporary — {fol. 41-15] mechanics &ave entered the classification of : | Ge. ok 47 February. 16, 1946, in whieh ease the point senionity, date will be the date of transfer to the new point. (4) Employees covered by this be rreement who were eclassified as. Lead Inspector; hispéctor, or Lead Me- chanic on May 15, 1946, shall bie credited with actual days worked within the respective classifications prior to. February 16, 1946, and. shall be credited with co tinuous seniority within the rA&pective classifications from the date their name again appeared on the Com-¢« pany, payroll in the classification on a job not ‘identi-’ ” or ‘‘acting.’’ -If two or more Lead Mechanie or Inspector on the same date, they will be listed on the seniority list for the higher classifica- tion in the same. order as shown on the Meehanice list. This seniority date shall be both their system and. point seniority date within the respective classifica- tions on all future’ roster’, unless an individual has ‘changed point location since February 16, 1946, .in which case the point seniority date will be the date of transfer to the new fioint. . - > . (5) Employees . reclassified from Apprentice Me- chanie or Junior Afechanié during the year 1946 shall continue to have a seniority date of Jannary 1, 1946, as a Méclranie’ on all future seniority ’ rosters in the " same order as indicated on the 1947. seniority lists, _unless an ‘individual has changed point location ‘since January 1, 1944, in which case the point seniority date will be the alate of transfer. © (6) Employees whe were classified as Apprentic e Mechanics at the time of entering the military or riaval service of the United States prior to January 1, 146, upon re turn to Company employment under the provi-, sions of paragraph (f), Article. XLII, if subsequently reclassified to Mechanic, shall be granted 1 seniority. date of January 1, 1946, AS a Mechanie. This ‘seniority date will not’ govern th@ pay status of such employees and. upon reclassification they will’start at the mini- mum pe rate of a. MeeRanic, and thereafter he sub- jeet to\ antomatie progression based on actual time spent inh the classification. Mechanic Helper Trainees 7 : LY : . in the service of the ele ee 3l, 1948; including those Trainees in active service and Trainees > in laid-off status, will be classified as Mechanic on and after January 1, 1949. After’ reclassification to Me chanie, Trainees’ in the ‘active ‘service‘of the Company :” on January 1, 1949, Will be permitted ‘to work .one : (1) day‘as a’ Mechanic to establish seniority and then laid off if jobs are not.av ailable. tow hich their seniority will entitlethem. | . (7) No seniority credit shall be transferred irons one (1) of the above Groups to another under @ny condi- tions, and all accrued seniority within a group shall be canceled for an employee ‘accepting transfer to ah i group covered ‘by this Agreement. ° The - [fol. 41-16] seniority status of an employee shall not be affected, howev er, if during a period of actual ly- oft - from a group, as a result of force reduction, he. accepts employment within another. group, unless he refuses “to return, in. order of seniority, when the force is again imereased within his original group and classi- fication, =~ 3 | | (e) Loss of Seniority: ~~ _ An employee will lose his seniority status and his lidioe -will be removed from the seniority lists under the follow- ing conditions : 3 id (1) He quits or resigns. Sais (2) He is discharged for just cause. at (3) Ile does not inform the Compéiy in writing or by telegraph of his intention to return to serviceWw ithin . seven (7 days of receipt of a notice offering to re- employ dn after a lay-off. | © . (4) THe does not retureto the service on or “before a date specified in the notice from the, Company after a lay-off, which date shall be not prior to fifteén (15) divs: after sending such notice’; provided that sub- divisions (3) and (4) of this paragraph (e) shail not apply te offers of témperary work. Any notice pro- vided for in tiiis paragraph (e) shall be sent by Itegis- tered Mail (return receipt reqnested):or telegram to * t | " : 0 \J SRR Le RTS ) Re fe ’ ' 49 the employee at’ the last sates 4 filed by chim with the Industria! Relations Department. (5) He is absent three (3) candi: work days withoat notifving. the’ Cothpany, unless satisfactory | reason is given. - - / (6) He fails to return to work at the end of an au- .° thorized leave of absence. (7) He engages in gainful employment while on leave of absence in violation of Article XIII (e). (8) He is, laid off and does not return\o work for’ a a of two and one- half years after lay-off. (f) “Lote of ( ‘lassification § apg 41) 8 here. employees at point are. accruing seniority in lower classifications at the same point and are affee ted py a reduction in force, they shall be. re- -auired to immediately exercise their seniority. in the highest classification their, seniority will permit. Fail- ure to @Xercisé seniority Within a classification will —. cause loss of seqiority in the classification. iy ; fol.41-17] (2) Any Lead, Inspectar, Inspector, or Lead_ Mec hanie laid off iff a reduct ian tn force at-a point and acerning seniority ‘in lower classifications at another point will be required tmexercise his seniority in the | highest. possible classification within ten (10) days _after actual lav-off or his name will be stricken inom / the s@niority list of the lower classifications. in the> order of refusal to’ exercise seniority. » (3) Atiy employee reduced from a classification due ‘to a reduetionvin force and refusing to accept the first job open in. the higher classification for which _ he is qualified at the point where reduced shajl have his name removed from the seniority list for. that classificatjan at the point. (x) Reduction and Ine re ase of W rovidiee Force: (1) Whenever the, number of employees in any’ 3 “classifies ition is reduced, the reduction shall be by \ classifie ations accordmg to point: seniority; and’ the of . _- . ’ a ‘ . ’ Tey ey ter i4 1, lan a4 SCAMrarite wn the rlagaifimatian will Ee eae GN EE wyeeraa art cawe at aearre aes aaa ae Re aed Rees ne wanrae "+ abe -he the first Jaid off. An employee displaced because 4-—5165° koe Roce , | ; stars 4 ; Sy 9 of a reduction in force may exercise point seniority in placing himself on the shift of his choice in any job for which he is qualified. In the event an employee is not (ptalified for (ny classific ‘ation, he shall bé laid off. - (2) Ten (10) Work days’ notice or pay therefor, at the Comparry’s ogtion, will be given employees. affected before a reduction is made, and a ligt of those to be laid off will be furnished the Locaf Shop Committee and the System General Chairman. Where there is tem- porarily no work because of an Act of God, cireum- stances oyer' which the Company has no control, or -work- stoppages and. strikes by employees of the Com- pany, it shall not be considered a normal reduction in force and subject.to this provision, . (3) In the restoration of forces, seniority will apply fn.the reverse order, the senior qualified laid-off em-. ployee in the classification to bé returned first. Em- ployees laid off im a force, reduction will accrue all Classification seniority but shall only accrue service credit for pay. purposes up toa maximym of thirty (30)s calendar days after date of lay-off. (4) It shall be*the responsibility of each rn Fl file with the Industrial Relations Department of the [ fol. 41-18] © ompany and with the System General Chair- 3 ahite affected. ® man of the Union a «omplete tecord of: his qualjfica- tions for use in making proper determinatidghs of an— employee’s ability in the future exercise of seniority. (5) In ease of demotion due to-reduction in force, continue to acerue point om which demoted. isplacentent, a change the employee demoted sha seniority in the Classification (6) When, due to a seniority ¢ in an individual’s days off, vacation periods, or shift ’ irre" necessary, no noti¢& will be required. Like- wise, in’ the event -an. emplé¥ee is to be laid off as a_ result ‘of a sehior employee exercising his seniority in- bumping back, no notice will be required to the em- (7) An employey reduced from a classifie: ation shall “nh ~ eoantinne to’ gecTue service for. pay purposes in the higher. classification from which. reduced, but pon return to the higher classification will be: ‘paid not less: WAY CT Bini ee eh r *. pT a Se Met as es Cie rh (h) General: > aa + el 51 than the dowry rate applicable for prev = accrued service, ; (8) Employees laid: off on account of a reduction in force will be given preft rence in accordance with sys-. tem seniority at othef points on the system where "vacancies ‘exist for’ which they are qualified, provide that such employees make application: therefer, at the time of lay-off, with the privilége of returning to their ° home’ station when the force is inereased anc? they are entitled to be recalled. Any such transfers shall be made without expense to the Company, but free non- ‘positive air transportation will ‘be granted the eni- ployee and dependent .r embers of his family within the continental limits of the nited States, to, the ex- tent permitted by law.~—~ c (1) Employees accepting*’temporary transfers to such jobs as may be agreed upon*by the Company and the Union fora period not to exceed three (3) months or any extension thereof that may*be agrétd upon, and employees accepting promotion to actual superv i- sory positions ‘will continue -ta accrue seniority in the classification at the point from which transferred or . promoted. ' ,(2) When’‘an. employee, goes toa hii 1er classification — tfol. 41-19] within .a Group, he shall continue to aécrue point seniority in the lower élassification at the point from which promoted. This shall not -apply to em- ployees in classifications below - Mechanic. in Group No. 1. . (3) Mechanic seniority will: govern in j RTD successful bidders Tor Lead Mechanié or Inspector. Inspector seniority will govern in moving into the Lead Inspector classification and when Inspectors are not avadable, Mechanic: se niority shall govern. Lower classifications in Group No. 1 will be governed. by the same policy, Le., diround Service Helper seniority will govern in the selection of | fad Ground Service lieiper ; Fleet Service Helpengenuiority will govern in the selee- oS | tion of Lead Fleet Ginitee Helper; and Janitor senior.” ity will govern in the selection of Lead Janitor. (4) The same principle of senierity*in moving from a.slowee to a higher classification in Greups No™, No. 3, and No. 4 will be applied as set forth in para- graph (h) (3) above to govern ¢ classifications below that of Mechanie. (5) When anemployee moves toa higher iimttien. tion. under the terms of. this Agreement to fill a tem- porary or bulletined job, he Shall@coutinue to acerue - _- seniority in the lower classification at*the point from ‘which promoted, and. in case of subsequent demotion. from a bulletined job due to reduction in force, he: shall \ continue to. accrue point seniority in the, classification at the: point where demoted, (6) Point’ seniority shall apply in the selection of shifts and days off within a classification within a de- partment. It may be exercised anly in case of bumping a due to a reduction in force cr_av hen. an opening occurs | In preparing days off and shift schedules, the Com pany will determine how many employees are needed on 4 shift and the determination will be.based on the. "yh ‘of work needed and the classification, Geographical Relocation Tw the event of the geographical relgcation inf whole or in part of any of the work performed by \npfoyees covered by this Agrcvment, the employees aifec an opportunity to teansfér to the new lecation at C ommpany: “Tfol. 41-20}. expense in ac core with the policy as set forth in the Policy arid ProcA®ire Manual and given full credit for their accumulated classification seniority at the - point to which the work is transferred in whole or in part. It is understood that the increase or expansion of facilities at a particular point that does not Hiveles a reduction in jobs or facilities at another point shall not be construed as a geographical relocation of work in whole or in part. 5 ° o : 4 D . : . . ; R : - “ will be given. . e > - Dette Oe eg a tae hited iy Lani % Z, ‘elias na . £7559 . f A> 1 : ee eRe ye tS LS eS VASO RS qi: 4 it 1eR TR SGA OA a Fo . a eae, "Article VII ' eR See Hours of Service : - (a) Bight’ (8). consecutive hours, exclusive of a lunch period of not to. exceed" thirty (30) minutes, shall consti- elute a stapdard dayv’s work. ° (b) Forty (40) hours, consisting of five (5) eight. hone days, werked within seven (7) consecutive, days, midnight - Sunday to midnight Sunday, will constitute a standard work week. Each employee wil have two’(2) consecutive days scheduled as regular days off in each work week, amd the only\deviation ‘from this practice of two (2) consecu- . tive day s Wtf will be where under the Jocal schedule adopted , oa it is found nécessary to rotate.scheduled days off and in order to repeat the schedule, deviation is necessary. At? overhaul bases .every effort will be made in the future to . errange work se hedules to allow Saturday. and Sunday as regularly scheduled days off. -The fixing ofa work schedule allowing part of the employees of a facility Sunday, of oye week ,and Monday of the following wegk as regularly . scheduled days: off will not be deemed a ‘Biolation of this provis sium. Five (5) days’ notice must be given of change | in the schedule of days off. , (+) When only one shift is etnploy ed at a particular sta- - tion’or fae lity, the starting time.of the shift will be not earlier than 7:00 a.m. and not later than ’s: 00 a.m., and all employees will be alldwed a luneh period of not to exceed thirty (20) minutes within fhe lifuits of the fourth and fifth. hour of the shift, subject to paragraph (f) below. - ‘ (ad) Where two shifts are eanploved, the starting time of the. first shift will be governed by Section (c) above, and the second shift will start thirty (30) minutes before the close of the first shift or immediately following the first shifty or in the alternative, at 8:00 p.m., and the same allowance: for lunch period shall be provided as in the [ fol. 41- ae case_of-only one shift, subject to paragraph (f) below, , ko Sa (ek W ‘2 re thhee shifts are‘ employer the starting time of ihe tirst shift) shail be woverned. j vv se ation {e)} above; : the second shift will start thirty’ (30) niinutes before the close of the first shift; and the-third shift wili start thirty ‘@ JF : ae if a ; : 5 s ~ ¥ ° . > bs (#0) minutes before the close of the second ‘shift, subject a - to paragraph (f) below. 7 — (f) Deviations from paragraphs (©), (d), and (@) above | | in this Article raay be nrade’ at any station-when the Com- 4 ~ gpany ‘and the Union agree on a change in Scheduled shift: : 2 fimes.. 3 j 4 . “ -(g) Working shifts shall be s« che ‘duled. and posted atéach ., station or facility. (h) All pees Se will be granted a ten (10) minyte rest é period during. the first half of their shift, and ten (10) ; minute rest period during the’ second half gf their shift a without loss of time for the purpose of relaxation, smoking, 4 ete, and a five"(5) minute period as a personal’ cleanup “¢ period prior to quitting time.: ; : .. (i) No employee will be called to work or required to @f report for work for less than eight (8) hours’ work or pay, 4 ‘therefor, exceyit w here re’ ‘alle d after completing’ a, regular _ shift of eight (8) howrs-or more. Emplovees regulasly in 4 the service of the Company will be consfdered as required 7 _ to report for eight (8) hours’ work on their scheduled work : days unless notified by the Company before the clos of the last shift worked, or af least sixteen (16) hours before the 4 ‘start! of their regular scheduled, work shift, whjchever — ~ period is shorter, that there will temperarily be no work q because of an Act of God, circumstances over which : - Company has no contro’, or work stoppages and strikts © sby employees of the Conipany. Any employee not notified = > by the Company, ar&l as a-result reporting for work when i there is temporarily no work because of an Act of aie cireumstances over which the Company fias no“control, 2 Jecause of work stoppages and strikes by employees, of the L @M@mpany shall réceive a minimum of "our (4) hours” pay, ¢ at = his regular hourly rate. 3 -(j) Employees who, bec nee of the requirements of the 4 service, are requested t@ start their lunch period prior to the fourth hour of their shift or complete their lunch * reriod after the fifth hour of their shift will be allowed a «3s es thirty (36 ') quinute lunch period is close. to the regular iio period @s possiiie and paid for same at viraivht Lime (fol. 41-22] rate in addition to their regular straight time 3 . shift compensation. - Bvery effort will de made to ayvlow Sec ane as \e 55 - the employees their lunch period within the limits’ ofethe fourth and fifth hours. In the event that the employee does: not eat at all during his’ regular shift he will receive ‘ compensation for the lunch period at time*and one-half, provided that the provi sions of Article VIII (a) do not apply in this event. Article VII * Ov ertime and Holidays (a) Overtime rate of. tigre and one-half, co: mputed on an -actual minute adjgisted to the nearest tenth of an hour - hasis with a minimum of one (1) hour overtime, shall be paid for ail yf performed in’‘excess of eight (8) hours in any one day, for all work performed either in advance of or after. regularly scheduled hours, and for all time worked on one of the’two regularly se heduled days off each work week. (1). ‘Overtime: rate of double time-shall be paid for all - hours in excess of the first, eight (8) hours worked, on one . of the. two (2) regularly scheduled days off. each work | week, for all time worked on the second regularly scheduled day off in a work week if the first regularly scheduled day - off has been worked, and for ‘all time worked in, eXCeSS of twelve (12) hours in any twenty-four (24). hour period except when. an employ ee, after bidding, voluntarily . Satie shifts. For overtime pefyoses; the twenty-four — (24) hoy ” ‘riod shall begin with ostarting time of the omplar Ce's regular assigned shift. — - {e) W ork in excess of eight’ (8) hours in any twenty- four ¢24) hour peried_as a result of rotation of shifts s shall — he paid for at straight time rates for the second eight (8) heave or portion thereof worked during such twenty-four. (24) hour period, provided that not less*than seven and qne- half (714) hours shall have elapsed between the .quitting time sf the fivet- shift and the starting time of the second - ship ot ; ; . (a) Employees ‘covered hy this. Agreement. will observe . the fllowing holidays: New Year’s Day; Washington’s’ 9 Birthday, Memorial Dav, Independence. Day, Labor “Day, Th: mnkeoiving Dae, and ¢ ‘hristmas Dav. Should aly of the foregoing holidays fall on a Sunday, the dav observed by ihe state, vation, or by Presidential, proclamation shall 56 | oe pee cP | : ° be-considered a holiday. Any employee required to work 4 (fol. 41-23] on any of the foregoing holidays shall be @ compensated at the rate of double time: = _ 2° @ (ec) Employees not réquired to work on‘the above-men- . of tioned holidays will be compensated for the day at eight 4 fS) hours at straight time gite unless the employee volun- 4 ‘ tarily lays: off the scheduled work day immediately pre- ceding and the scheduled work day ‘immediately subse-. quent to the holiday; provided that absence due to condi-- tions beyond the employee’ s control shall be sullicient to - warrant the Company. to pay for the holiday. (f) Overtime shall-be distributed as equally, as es Sa among all qualified employ ees at the location or in the de- -partment where overtime is required, and employees will not be required to suspend work during regular working ‘hours to absorb overtime. . a (g) Except in an- emergency; an employee will not be required to werk overtime against his wishes: ; {h): When an employée covered by this Agreement. has ‘béen relieved for the day and is recalled to work, he will: -be paid not less than three (3) hours at the overtime rate appltcable ‘for each eall. : 2 ; (i) -For continuous ‘services after acl working hours, employees will not be required to work more than two (2 hours without being permitted to gosto meals, and. emplay : eés will be allowed a thirty. (30) pants period | in which to-eat’ without loss of time. (j) No.overtime ‘shall he worked except by direction of the proper supervisory persennél of the Company, except in cases of emergency where prior authority cannot be _. obtained: . ° arise aa ‘(k). There shall be no. pyrimiding x of the overtime rates provided. for in this Agreement, d no employee: shall receive mpre than Aouble the dont ieht. tinie rate for any hours wofked. a. aN (1) Erfployees shall be given four (4) hours’ notice .of contemp ated overtime work, except in cases of emergency, ‘and at Line Stati ons where inte rruptions in flight schedules make-a four (+4 hour notice impossible. hig” Perera a \ . ~~ ’ Article IX eee _\ Field: Service (a) Employees cov ered by this Agreement engaging in emergency field service ‘a ray from their base station to | fol..41 24] restore dirplahes or equipment to’ service shall be paid for such work on the same basis as paid at their . base station, with a minimum ‘ef eight (8) hours at straight time rate, including any premit ns to which they are’ regu. elarly entitled, for each tw enty-foty (24) hour period away _ froin the base station. \ Spee FY (by All time spent in ‘Geaveling om waiting ipomdket ion with emergency -field service as definad in paragraph fa) above, ineluding hours in excess of eight (8) hours in one day, will be paid for at straight time rate, if cluring. the current twenty-four. (24) ‘hour period no Work is required hefore or after traveling, and it is not an et Mm loyee’s regu- -lar.day-off or a hohday- er pees. ! (tc) All treme spent in travel, waiting, or working at Cori- lars direction on scheduled days off, holidays, and in ex- ess of eight (8) hours on scheduled work days whén work is required, will be paid for at the: overtimé rate. appli- cable., Tlowever, ‘if travel is interrupted for any reason ind ° “, emp shov ees are released - by written order through an agent of the Company for five ( (5) consecutive hours or more, they shall not be paid: for the time released, but in no event” ES shall any employee’ receive less than eight (8) hours” pay at strfight time rate for any twenty-four (24) hour period Ww hile away ‘from his hase station on field emergency serv- 100, :. : | (d) Upon completion of emergency field. service, ‘employ * ees shall return to their home station in accordance with - ° the orders received at the time they left. their home station, or in accordance: with the orders ‘ they receive from the person to whom they are ordered to report in the field, and © _ shail be compensated for the réturn trip in accordance with * the provisions of paragraphs*(b) and (ec) above. ; fe) Emplovees called frong home for field’ service after completing ther re egular shift assignment, or on a reguiar a day off, will be alloweéd.one (1) hour as preparatory -time — . in’advance of scheduled departyre time at the overtime ° . at. his : (h) Where transportation, laundry, meals, and lodging oo 58 Se hig : rae eae ; rate, In all possible cases they will. be notified at least two 2) hours before departure time, . | (f) Employees temporarily transferred at C ompany re- quest from their home station te some other point to fill temporary -vacancies. will be paid in actordane with para- & " graphs (by and (¢) of this Article. for the timp necessary | [fol. 41-25] to travel in- connection with suct temporary otransfer, and shall. receive necessary and reasonable. ex- _penses for transportation, laundry, meals, and lodging in accordaneewith paragraph (h). of this Article. (2) W Shen employees are. away from their home station filing temporary vacancies, at ( ompany request, they shall. be paid straight time and overtime in. aceordan¢e with the provisions of this Agreement, based on the shifts as schee- ulec at {he | location of the témporary vacaney, but in no event shall they receive les¢ than eight” (8) hours’ pay for each schetluled work day with a minimum of five (5) days each work\week, if the employee is available for work. It . is understdod that the Company may schedule employees to take theik regular days off each week without compensa- tion except ‘for reasonable and neeessary expenses pro- vided for in tliis Article,‘and it is also understood that no employee wf Yeceive less compensation: per hour while filling a temporary vacancy than he woyld receive per hour lisme station. - : ’ are not provided by the Company for employees on emer- gency work or. filling ten porary vacancies at ( ompany Te- quest awaxgfrom fheir buse station, necessary, and #eason- able expenses will be allowed. Upon applic ation, an em- ployee will be given an advance by the Company to cover his expenses while away from his hase station. -Hxpense reports shall be submitted by the employee not later than five (5) days after the last da } the, period covered. Re- poris cove ring actual expenses shall be submitted for ten- day periods as follows: Ist to 10th, inclusive; 11th to 20th, inclusive: avel UIst to last day of month, ine lasive. (i) When an Grmaplovee covered by this Agreement re- MOIVES Ul Spec tal assignment to attcone d tr aim! ns classes ney. taining to his work, or to fulfill other special assignments “not constituting emergeney field sérvice or the filling of- o* S os ;. } ya ty us Na 4 uke a see SRE e Oe! ales SAT a 6.5, roe Sa Saas atsies a ira Be ba 3 aoe ‘ pie Ra F —/ ie AS a oo So Seger) 5 So - seh Aa lia SE ck RET Soya i ESTs Sr hy Sudden os a9 temporary vacanciés at ¢ San request, he shall. wefeive compensation not to exceed eight (8): hours Deg day for the timé spent in traveling or waiting, at the employees straight time rate. If such special assignment involves traveling ‘after completion of his regular work .for. the day, he shall receive the applicable overtime rate for the. Arst sueceeding eight (8) hours of traveling, and waiting. tion of the seniority provi isions of this Agreement providing ‘fol 41-26) has ) A rticle a ce re ; C4 Vacancies and Bidding — ° (a) A vacancy shall- be any job (temporary or perma- nent in nature) which cannot he: filed through an applica- for restoration -of forces, 2 4 a tb) Temporary Vacaficir 8 -* (1). A vacancy of. not ‘to exceed thirty (poy. days contemplated duration will be considered sacha in natufe-and will not be bulletined. Such vacancies, “however, in Group No. 1 for Lead Inspector, “screen Lead Mechanic, Lead Ground Service gen Lead Kiet Service Helper, and Lead Janitor; G oup No. 2 , fer Steres Inspector and Lead Stores ¢ be k.; in Group No. 3 for Lead Commissary Clerk ’ Commissary Clerk; and in Group No. 4 for Lead Coca Agent shall be filled in aecordance with seniority within the re-,, spective groups in so far as- practical. In the event temporary’ assignment of work-is nee CSSAary within a classification to fill'a temporary vacancy not involving: the temporary promotion of an eliployee from a. lowe re to a highér classification, the. assignment within the classification will be made in the reverse. order of seniority in.so far as practical, ~ eg ee (2) Employees assigned ‘to temporary vacancies will, upon diseontinuanes of such temporary jobs, be returned, to their former jobs and status, if Such job still exists. Vf it does not*exists he may then exercise: paint seniority for any job for ~vhich he is. qualified. (3) When employees: are temperarily transferred from their-regular work to work of another classifica. 3 Z a aye ‘ * t tion, either at their home station or.ffway from .their — - ~ home station, they shall be paid their“regular rate or the proper rate for the other classification, whichever * is the higher, for all time ‘worked, ‘with a minimum of one hour. For the purjosé of this ‘paragraph, it is. understood that the work of Masfer Mechanic and Me- ae Se chanic shall be considered of. the same-class. * - (4) In case of a vacancy in the classifieations named | in‘(e) below, which is not expected to exceed. thirty (30) 3 days, the ( ompany may, seleet a qualified employ ee to , 5 {ili such vacancy on a temporary basis without ‘bul- is {ol 41-27] ietining the job. In making the selection, due e . consideration ‘will ve given ‘to seniority. At the end’. ae of twenty (20) days, the vacancy, if it still exists, 4 . «ill bet reviewed by the loeal Union Committee and : local Company management, and if it appears that the - “9 oe ze vaeaney will continue, for. an additional thirty (30) 2 days or longer, it will be balletined. - 4 ~(e) Bulletined Vacancies ; 4 (1). All jobs for which a. premium rate is established, ” all new jobs, and all vacancies of more than thirty (30) 4 _ days’ anticipated - ‘duration, except as provided. in (a) 3 : above, in the ckassific ations of Lead Inspeetor, Tnspee- a e tor, léasd Mechanic; and. Mechanic will be bulletined * ; in all shops at each point..’ Such bulletin will state the.) gontemplated duration of the: racaney, ‘the number of “4 jobs to.be filled, the classification-and type ofeach job, 4 “the station and department locatipn, the. ves hourly. | rate.or py taium rate at which the job is rated, the date © | the successful bidder is-expected to. report, and shall My 4 we . coy wiv di r Pa ee igaccls re on NE Reg specify: a final, date after which bids will not he co-- sidered. © Such date sball-hot be: less. thati ten (10) oe calendar days after, the bulletin. is posted. /Job va- ‘vancigs involving. the | classifieations of Lead Ground Se a A Helper,.-Lead - Fleet Service’ Helper, Lead’ . Janitor, Stores Inspector, Lead Stores Clerk, Stores - . Clerk, Lead. (‘ommissary Clerk, Commissary Clerk, a and * Lead fg edn ‘Agent will be bulletined in [like & manner, but only at the station or location involved. : .Fleét Service Helper hids:may be « opside ‘red on Ground Service Helper vac ancies. op sige vy s ABs 28S oe, Be, : . . et, 4 Pa“) Si st oe ie 4 3 \ 3 d 2 » bad : 5 Sparano 1. s “Oa eon ae 5 + eee a ; ; . . an £ . (2) An employee bidding’ for more than one (1) va- . cancy shall indieate the order of: preference on. each, “ * bid, and jf he is the senior bidder for more than one « 4 (1) vacancy, he shall have the opportunity to qualify 7% - for only: the job ranked highest in his. preference. “All bids will ®e made. in four (4) written copies, with one a : copy furnished-to the employee’s immediate | super-. 3 visor, one ecoty furnished to the Company’ official int: eS: . charge’ of bids, one topy furnisked to the local Union “2 *. represe ntative, and one copy reTained hy the bidding ” - | eusployee. ae : # (3) After an ‘employee has’ been chosen to fill a PE bulletined job, the proper official of the Company shall, 4 (fol. 41-28]. w ithin ten (10) calendar days after the closé “4 of fhe builetin, mail to the General ¢ ‘hairman ‘and all | sh@ps and locations a bulletin to be posted on the bulle- si tin hoards, showing the. name of the employee selected = to fill the job amd: his seniority date. |‘ ee 2 (4) If the successful biddex for a hulletingd» job is _ _lovgted at some point other, than the point where the 4 “Inffletined job is to be filled, the Company will furnish 3 free non- positive transportation for the employee. and 4 for the dependent. members of his immediaig¢ family, A to the extent permitted by law, from the point from - which hé is transferring to. tue location of the bul- as _ letined job. Stor oe BF eet 2 : (9) A‘successful hidder shall hold the: job go: which .- 5 assigned for a fair-and reasonable -period Aine not i to exeecd ninety (90) days on. a*trii al basis in order to demonstrate his ability - to perform .t the work re- “quired, unless the job is, found to be not as repre sented in the bulletin. In case the job’ is found to be not as represented. in the bulletin, the e1 mylovee may re ‘turn at Company expense to his former loc ation and assign- “ment. During such Yrial period, if the employee ‘is | ES by the job, he will be privileged to okerci 18e ee. seiprity Zat his previous, Ouiae hy displaci ing oniy the emplovee with thre least seniority in bis chassi- fication holding a regular assigned job, and for a period-of six. (6) months thereafter his bid for a va- ~ unable. to demonstrate ability to perform the work * ¢ ——— -”— we hig | i caney in the same or a higher élassififation for which he was unalde to demonstrate ability will not be -con- sidered. | — si ‘i () During the interim require id to bulle tin a Va- eaney, the Company may select an employee to Sill the vacancy temporarily; and the employee selected shall . receive his ‘regular rate of pay or the rate of-the ‘job, | whichever is the higher, for sucli assignment. The selection will be rade from-qualified employees at the. point involyed, if possible, with due consideration for . ‘seniority. : » ive At) In the event a vacanc y in the classifications’ COV- eted by tRis Agreement w hich are subject té6 systeny seniority exists at aiiy focation on the Company ’s sVs- tem and ne- qualilied ‘eimployee at the point bids, sys- tem bids will be considered. There being no system pids¥ the _ ompany. may -hire a new employee into the 7~dassification atthe location or shall. have the right [fol. 41-29] to -seleet to fill such position any qualified em- plovee at any lov ation willing to accept transfer, at the C ompany 's expense. (8) Any employee named as -, - ployees will not aecept vacaticies or new positions, wil | é EERE ITB 6 NSEC bhakti hi ERMAN NAN st BA a RW NTE ENE Ce “ policy. 7 / [ fol. 41-30] SD he fae # Grievance Procedure * (a) Representation . eae aye / disputes or griev “ance that may arise under this Agree- ment ghall bes’ a a RS Bagater 7 a (1) The Union will be represented by . properly i sre. Yate tion thereof, for eae h shift at-each joint on the’ system. ; In addition, the Union will be-represented by a ‘Local : ie _ Caminittee consisting of not more (than three (3) | mémbers at each point, ene (1) of whom shall. be — flesignated as Local Chairman.. Where a metrovolitan i aa ‘be. separate stewards and i 1 sepatate (‘ommittee at each location. . , . ban is a dena cannot be. found in the ranks, or when eompetent -em- it he the disposition of the Comparty to vary from_t this The representation, for presentation and adjustment of | fe ‘signatect stewards, one in eath department ‘or see- area with more than one leeatior is involved, there mav fo. G4 | 3 oy yee Rogeertactins, rk . t (2) T he Union will be furtherarepresented by a Sys- tem. General Chairman for dealing with» Division, tegional; or Gene ral Qilicials of the Company. (3), The Company will be represented at each senior- ity point by an ‘authori Lne = oflicial who will be em- “powered: to settle loeal grievances or disput@® not in- volving a change in C att policy or changes in the intent and purpose of this Agreement. *. | (4) The Company will be further represented on a division, regional, and system basis for dealing .with the Union System Gene tal ( Tr arma or his designated m presentative. | (9) The U nion and the ( onipany will, at all times keep the ot ther party advised, through written notice, of any change in authorized representatives. (6) THE System General Chairman, Assistant Syn: stem Géneral Chairman, and #reagonable number of Grand .Ledge Representatives of! the. Union shall be permitted at any time to enter the fac ilities ef the C'om- pany for the purpose oF investigating grieyances and disputes after contacting the Company oificial in charge and advising himof the purpose of the visit. (7) It As agreed the Ution and the Company will make every effort to kee PY a minimum the actual time Marea. 31) spent in disposing of disputes or grievances. When the stewards or-committeemen, are required to lheauye their work for the purpese of investigating, pre- Se nling, and adjusting grievances or to attend meet- ings as, provided for in. this Artic fe, they will first,’ netiiy their immediate. supervisor,, if he i fis vate of before leaving their work and, pit again report to him upon their return. ~ ED. (h) Procedure - i Brae RY . * The gpric cedure for “presentation and a dis- putes pr grievances that may arise between the mpahy. and the Union with reference to the interpretation or, ap- J he: plieatior ef any of the provisions of this Agreement shali > : oy | Step 1 (1) Any employee having a complaint or grievance in connection with the terms of employment, applica- tion of this Agreement, or working conditions, may present his sonpiibek & or grivvance in writing to the department steward whoFi in turn, will, Tf-in his opinion ‘the. complaint. or: grievance is. justifieds discuss the “ matter with the immediate superviwor of the employee. — and endeavor to arrive at a satisfactory -adjustment. Written decision by the supervisor in this Step 1 shail be given the Union steward within two (2) work days after presentation of. the. complaint or grievance in writing. . , . eas . She : Step 2 : Kansas City, si? Angeles, New. - ‘ork, New Castle (2). At Kz angxgs City, Los Angeles, New York, and New Castle, i P Wha decision in Step -1 is. not satis- factory, the steward may, through the Local Commit- tee, refer the matter to Ahe Company’s Industrial | Relations Manager or his authorized representative--—~ atthe pa irticular point. The : appeal to Step 2 must 7 pe presented: in, Writing Within five (5) work days ° _after,the ‘decision of thé supervisor in Step 1. The eon ustriat- Relationg .Manager or his authorized representative to whom tlie matter is presented will meet in yonference with the-Loeal Committee and will dees decision in writing within five (5) work slays af ter the grievance ‘has heen presented to him. | . : gent . : i ¢ —ffol, 41-32] . step 2A: ~ ie. ; " All Other Points, - 7 “"(8) At all points: other than those designated in (2) above, if the decision in Step 1 is not satisfac- tory, the ste ward may, through the Local C ommittee, refer the matter to thé next higher level of super- vision foM™the particular point, if a higher level of superv Isron is availatie. i? no higher jevel of sper- Vision is available, the matter may be referred di- Sah ae YY rectly to the Regional Industrial Relations Manager as provided in Step 2B. The appeal to Step 2A must be presented in writing within five (5) work days after the decision of the supervisor in Step 1.’ The supervisor to whom the matter is._presented will meetin conference with the Local (ommittée and will issue his decision. in writing within. five (5) _ work «days after the erievance has been presented — to him. } | ers et o ° ‘Step 2B Bs | ae (4) If the decision in Step 24 is not satisfactory ‘the Local Committee may. refer the. matter to the (‘ompany’s -idustrial Relations Manager .or -his » designated representative for the particular region. ° The appeal te Step 2B must be in writing and mailed within ten (10) work days after the, decigion of the supervisor in Step 2A. THe Industrial Relations « must. be given within © ‘ten (10),work days after presentation of the grievance. | in fhe thind step. 2 | , eet (6) If the-decision in Step 2 is not satisfactory to fob. 41:23). the. Unidn, the matter may be referred by the -Systein General Chairman to: the, System Board of . Adjustment -or, by mutual agreement, ‘submitted to Loutestidn as provided in Article XE hereof. (7) Grieva fos relating to matters general in char- acfer which Aunnot be settled by an immediate super- Ve my , » « . e . a * ae -*isor or local Union representatives shall be discussed hy the Ine ustrial Relations Manager of the region or overhaul! byse affected and tlie System General Chair- man if siadh erie sae are subnggted In W riting hy either of them. If a satisfactory -settlement is not reached within ten (10) work days after the grievance is submitted, such matters may be referred for han- dling in ac ‘cordance: with the provisions of Step 3 to the Chief Operating ‘O&cer for the Company or his authorize’ representative, if submitted by the Union, ‘or to the International President. of the Union or his authorized repr@entative, if submittec by the “‘om- . pany. SN (8) Any grievance not presented or appealed within the time timits prese ribed’. in this Agreement, or such eXtension thereof as may have been agreed Js, shall be considered: automatically closed upon the basis of the last disposition. Epc (9} Grievances involving wave clainen saust be filed promptly ‘after the cause giving rise to the grievance is evident, and wage claims will not be valid ahd col- lectible for a period eat r than thirty-(30) days prior. to the date of filing the grievance or the date: the. grievance arose, whichever is most recent. \ ; i ae (10) No employee who has-been’ in the service of. the Company ninety (90) days or nrore shall -be dis- charged without a Tair hearing before a designated represe ntative of the C ompiny. other than the one ringing complaint | avainst the emplaree. Suspen- | ‘sion from. the service of the Company piending.a hearg ing, which shall he prompt, shail. not be deemed a viola~ don ef this rule. Ata re sonable: time prior to the . hearing, suclyemy" ee and his duly authorized repre- sentative will be apprised, in writing, of the precise chagge and given a ‘reasonable opportunity to seeure ‘the presence of necessary witnesses, If a stenographic report of the investigation is take; the Union Com- mittee or Tepresentapvo will he- urnished a ‘copy. ru bin tives t: v) work o A weet }. re writtei decigion e si by: hy rewnedt [ FoR, ASS] days after the close of eye ‘h hearing’. Tf the decision is not satisfactory, tlTen appeal may be made - As ‘ ?¢ in accordance with the procedure prescribed j in * Step 2. (11)-4f it is found that an employee’ has ‘been un- justly suspended or dismissed from the service, such employee will be reinstat®d with his seniority rights unimpaired, compensated for all wage loss, and his service record cleared. ae rf 4 (12) The Conipany Will not’ discriminate against any witnesses called to testify in any: hearing or in- vestigation called by the Company, ‘and if any. em- ployee witness is located at some other point than ‘the | point Of hearing, employee witnesses and Union ‘com- mitteemen will be furnished: necessary free non-posi- tive irknsportation over Company lines. . — (13) Ail hearings and investigations will be con- os ted. during regular day shift working hours, in so far as possible, and stew avds, committee members, and @ sic employee witnesses shall not suffer loss of } tions, : 9 (¢) General Soe a * (1) dt is unde reteod the System Gene ‘ral Chairman: -or his authorized. representative | may inte rvene and participate in the handling of a grievantve or dispute itt any level of the grievance nee ee hi Pay tik (2) Probationary *employees (new employees of less - than ninety (90) dave’ service) covered by this Agree- ment shall not have recourse to the grievance proce- -dure in the event of discharge or suspension within the prokationary period. 13) For the purpose “of computing work days i in con- nection With provisions Of this: Article, only the calen-; ( ‘ounted. Cc - © “dar days’ ee through Friday e: eck ‘h. week shi all be i . A rticle i. “Sy ste m. Board of et “ay In compliance w ith See ‘tion 204, Title 1, of the. Rail- _~ vy uy ahor \ nt os An lL. m= * b 3. ? AER 2h be as a The ‘Titat d, +e it io BEES wy — ataltiatis i S¥iste m Board of At Hastsont for the purpose ot ml justing and deciding disputes oy grievances which may arise under while handling grievances opattending i investigd-> rar Wate Sg AEG ES GNIS eas CA HS De AE ORG WG CE : RE ME ene SRE PRT oe kg PS ° aed PRE RL Se IS Fes ene 4 So - 9 a/ . the terms.of this Agreement and which are properly sub- ac song ; Yor, ‘ oe we 7 © Pere | ; 75. S tains Will be’ anita where necessary. The floors of the toilets and washrooms will he kept in good repair aud: in ; _ aclean, dry, and sanitary ¢ ondition. ‘Shops and washrooms will, be lighted and heated in the’ best manner possible,. con- sistent with the source of heat and. light available.: Lockers | _will be provided for all eniployees within a reasonable time. (ce): In order .to eliminate, as far @s possible, accidents’ - and illness, an adequate. safety: commitgee will be estab- lished at each point where advisable on the system, to be ‘composed,of an equai number of Union and Coynpany rep- ‘resentattvés. The Unien andthe Company. shall each ap-— point. not more fhan three members. The ¢ ‘hairman of the Local Safety Committee shall: he the Safety Manager, ’ wherever a Safety Manager is 7 ermanently stationed. . The safety. committee ewill make: periodic: inspections for the ' purpose of seeing’ that all safety and. sanitary: regulations ares complied with as _\well-as to: make- recommendaticns for thagmaintenance of proper-standards. | as -(d) N@employee shall He discharged or suspe nded pend. td work on &.Job which is not reasorfably safe and, ‘or sani- tary oF which might endai.ger his hes alth: 1. {fol. 41-41] “(e) Proper aid modern safety devices shall he provided for ali employees working On hazardous or unsanitary w ork, suc h devices to be furnished by the C om- pany. (f) The Company will fyrnish ‘protective clothing for the use of employees, pany wil to work ith acids or chemicals | that are injurious to clothing and personnel. . Suitable rain. ‘suitor protective: outer garments shall-be kept av: alnble a at _all-shops or points by the Company. (g) Employees taken’ sick or ‘injured while at work shall he given medical attention at the earliest possible moment, and. employ ees will he permitfed to return to work without signing Any releaseg of liability peneling the disposition: or settlement of any cninr for daage or compensation, jh) Wherever the Company ‘shall require -a sti dard —covéerall, the”coverall will he furnished at .. ceuts longevity will rétain ther, present longevity but will . accrue no more until the scale in (a) above c atches up. : Thereafter, they will receive patti 6" based on the pro- visions of paragfaph (a) of this article. ’ “d) Longevity fcerued in any, classificatian willbe re- tatned upon transfer or promotion to ‘another classification. “or the purpose of computing longevity credit, only pay seniority shall be counted. . . | Article XIX Shi f t Premiums ‘ ’ (a) Employe es shall be paid five (5) cegts per our and ten (10) cents per hour respectively for afternoon and "Wight shifts as additional compensation over the rate paid, on day shifts, for all hours worked: — . 4 (b) Any shift starting at twelve noon’or later and before 6:00 pam. shall bé codsidered an‘affernoon shift; and any [fol. 41-47] shift starting at §500 p.m. or later and before "— a.m. shall be considered a night shift. («) The Company and the Union may, ‘at any péint, change from Mixed to rotating shifts or vice versa, by mu- tun! agreement. ; begin ean ne a Ea al es SAS eR Te Os Spee Sas ak eb ene oe ie plea SEA i akiel ose a ree wh CUPS OTS RE TIS AC A ee Ee ee eee ey Se ORME Chea ONE SIU TAMBOR tin Fenteee e aeeae PAS ie 8 Pee eRe SA biainanar eda? ; bs 4 ; oie a Set i . . ‘ 7 Ms x -cents will thus be x nae hedvat the end of thirteen (1: 3) years (ce) > Employees presently receiying less than ten. (10) - ——Hh)- tamplovees who’ now receive ten (10) ‘cents or more’ 3° Article XX - Fe Inouranes Benefits ‘The present group sick and acciderit insura wwe plan, hos- } a ; sdhadieatlen plan, and any insurance. benefits as in effect on the slate of this Agreement shall not be. altered hanged to the extent of decreasing the benefits or in- ‘creasing the rates without conferring with the Union. at least fifteen (15) days prior to the date of change aes, Article XXI a: : Wage Rules 3 4 . ae y 3 Fea iat {a) The minimum hourly rates set forth on Sehedule A attached hereto and made a part of this Agreement-shall prevail on and after Jaffuary 1, 1949; as to those employees . covered by the Agreement Who are on the payroll on the date this Agreement is signed. (b) No employee shall suffer any reduction in hourly rate or classification as a result of- this Agreement, and ° nothing in this Agreement shall be congtrued ‘to prevent — ‘inertases in individual rates or classifications over and - . above the minimum specified. This shall not he construed to prevent force reductions, demotions for cause, or other cha@des in classification and rate allowed in the Agreement. (c) Eniployées shall be paid bi-weekly, every other Fri-- day, except where applicable laws prov ide 3 a mére frequent paying-off condition. (d) Should the regular pay day fall on a holiday or on: days qhen the department -or point is closed down, em- ployees will be paid on the preceding day. ' (e) Where there is a shortag [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386407_0247%3A1. Public record. Not legal advice.