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Mr. SHAKE. Because if business slowed down on the Alaska Railroad to where quite a reduction had to be made in crews, under the Veterans Preference Act my No. 40 would have no more meaning; I would be No. 16 on the retention list. Approximately 24 nonveterans with, some of them, nearly twice as many years service on the Alaska Railroad as I have would be laid off and furloughed before I would.
Mr. GRINSTEIN. Is the reason that you would move from 40 to 16 because they would add the years of service that you had in the military to the years you already had been with the Alaska Railroad?
Mr. SHAKE. That is done, that is true. But also the very fact that I am a veteran would automatically run me around the nonveterans as far as retention, reduction in grade, pay and compensation, and so on is concerned.
Our two organizations, the Brotherhood of Railroad Trainmen and the Brotherhood of Locomotive Firemen and Enginemen, are in favor of passage of S. 2593 because the application of the Veterans Preference Act and civil service regulations would wipe out and absolutely nullify the gains that our organization had made on the Alaska Railroad over the past 40 years. We have spent a good deal of money and time and effort in obtaining the working conditions that we have now. I will say this, they are not all that we wish they were, but we are certain that they are what we want. It is a way of life with us.
A train and engineman is a unique employee. I don't know of anyone outside of airline pilots and personnel that even compares with our methods of bargaining, our pay methods, and such things as that. There are just no other Federal employees that we can pattern. curselves after. To wipe out these rules and regulations that we have obtained over these many, many years would do nothing but reduce our pay and make us very unhappy employees. In fact, I would say that our morale would be entirely shot because we can see where our seniority would mean nothing to us; we would have nothing to look forward to in later years in the way of an easier job, or more pay. I am certain that it would result in the loss of a lot of very capable and long-time train and enginemen of the Alaska Railroad.
We have taken a poll amongst the train and enginemen, and we found as a result of that poll that more than 90 percent of the veterans themselves opposed the application of the Veterans Preference Act. on the Alaska Railroad.
Senator BARTLETT. The veterans employed on the Railroad?
Mr. SHAKE. Yes, sir. We exerted no pressure to circulate this petition. It was done under everybody's free will and accord. As I say, the results were more than 90 percent of the veterans against application of veterans preference.
This bill, S. 2593, does not do away with veterans preference on the Alaska Railroad; it merely gives the unions who represent the employees the right to allow the employees themselves to decide whether or not they want to be treated as railroad employees under railroad working conditions, or whether or not they would prefer civil service regulations and veterans preference.
There is absolutely no thought in the minds of any of the officers of these organizations to deprive any veteran of his rights under veterans preference. If at any time in the future the veterans in any one of these labor organizations should decide that they preferred
veterans preference to civil service, they could have it. But it would give them a free choice.
This bill has been studied very closely by the Railway Labor Executives Association. This is an association that consists of approximately 20 labor unions, with headquarters in Washington, D.C. They have endorsed this bill. The Railway Labor Executives Association is affiliated with the AFL-CIO.
I would like to say that there was a reference made to our train and enginemen agreement whereby rule 28-D was found to be vacant, which has to do with reduction in force. This is very true. It was left vacant quite some time before the veterans preference issue arose on the Alaska Railroad, and it was done merely to keep the numbers of the rules intact, since the provisions of rule 28-D were written into another rule, a part of rule 9.
I would be very happy to furnish for the record a copy of the agreement that was in effect previous to the present one.
Senator BARTLETT. If you please.
Mr. SHAKE (Continuing). All right, sir.
Which will show the change which was made, and it also will show that it has absolutely nothing to do with veterans.
Our agreement has absolutely nothing to do with new hirings. Our Alaska union on the railroad has nothing to say with who the railroad hires. Nor do we desire to have any voice in who the railroad hires. (Agreement referred to follows:)
No. 1-MAY 16, 1949, AGREEMENT
(w) Officials or employees other than hostlers or hostler-helpers shall not be used in assigned hostler or hostler-helper's jobs when extra men entitled to the service are available.
Rule 27. When trainmen and enginemen are required to double hills or run for fuel or water, actual miles run, including doubling mileage, will be the mileage of the trip. Example: Crew called at "S" for 10 a.m. Departs at 10:20 a.m. Runs "S" to "A" doubling Woodrow to Divide and Hunter to Grandview, doubling mileage 20 miles. Arrives at "A" 7:45 p.m. Tieup at 8 p.m. Allowance 114 miles and 20 miles doubling, 15 minutes final terminal delay. Total allowance 137 miles.
SENIORITY AND PROMOTION
Rule 28. (a) Brakemen and firemen will rank on the seniority lists as of the date they pass the required physical examination given by local railroad doctors and are placed on the respective working lists, or start their student trips, as the situation may require. Conductors and engineers wil rank on their respective seniority lists as of the date they pass the required examination for promotion to such positions. Trainmen and enginemen, except as otherwise provided, will have choice of runs or jobs in the respective classes or grades of service to which their age in service entitles them. Temporary uses of brakemen as conductors or of firemen as engineers does not constitute a promotion. In case two or more men are examined for promotion on the same day, seniority in service as brakeman or fireman, as the case may be, shall govern relative standing. If on account of sickness or other causes beyond his control a man is unable to present himself for examination in regular turn, it will not affect the record date of his promotion.
(b) Baggagemen will be taken from the brakemen's seniority roster. Brakemen with less than 6 months' experience as such will not be used as baggagemen if there is another brakeman on the crew where the baggageman is needed or on the extra board who has the required experience.
(c) Student brakemen and firemen who have not had previous experience shall be required to submit themselves to the railroad's training program for a sufficient number of days or trips as will qualify them to meet the minimum requirements of the class of service for which they have been employed.
REDUCTION OF FORCES
(d) Trainmen and enginemen laid off in reduction of forces shall be given leave of absence and be returned to the service, when forces are increased, in the order of their seniority, provided:
(1) They must, by registered letter, keep the superintendent informed of their correct mail address.
2. When notified by the superintendent by registered letter to report for duty the employee will acknowledge receipt of the same and failure to report within 30 days from date registered letter is sent to the last known address of the employee, unless and extension of time due to sickness is arranged for, shall constitute a forfeiture of all seniority rights.
SIXTY-DAY LIMITATION ON STUDENTS
(e) Inexperienced men who are hired as brakemen or firemen will not acquire permanent seniority until they have been in the service 60 actual days of work, and if at that time their services are satisfactory and they have been recommended by three conductors or engineers, as the case may be, with whom they have worked for the major portion of the period, they will be given seniority from the date of their appointment as brakeman or fireman. Inexperienced men may be removed from the service within the 60 actual days worked without investigation.
PROMOTING AND HIRING OF CONDUCTORS AND ENGINEERS
(f) When it becomes necessary to increase the list of conductors or engineers, brakemen, or firemen, as the case may be, in the service of the railroad as such, who have had 900 calendar days in the respective services on this and/or any other common carrier railroad operated under standard train rules, shall be available for promotion in the order of their seniority as brakemen or firemen. When there are no brakemen or firemen respectively, in the service of this railroad with the required experience for promotion, conductors or engineers with not less than 2 years' experience as conductors, or engineers, on a common carrier railroad, operated under standard train rules, may be hired and when so hired will be given date as brakeman, or fireman, as the case may be, as per sections (a) or (i) of this rule and as conductor or engineer as of the day they qualify as such. All brakemen and firemen in the service of the railroad as such for 6 or more years shall be promoted, if qualified.
DECLINING OR FAILING TO TAKE THE EXAMINATION-PENALTY
(g) Brakemen or firemen declining to take promotion to conductor or engineer in their turn shall follow and be junior as brakeman or fireman to the youngest man on the brakemen's or firemen's seniority list, as of the day and date that they decline or fail to appear for examination for promotion. Brakemen or firemen failing to pass a satisfactory examination for promotion to conductor or engineer will be given a second examination within 6 months of the first one and if they pass satisfactorily, they will date as conductor or engineer in accordance with these rules, 28(a). If they fail to pass the second examination, they shall follow and be junior as brakeman or fireman to the youngest man on the brakemen's or firemen's
No. 2-MARCH 10, 1957, AGREEMENT
Rule 8 (Continued) falling after midnight, no claim may be made for the lost calendar day.
A succession of trips under this rule is interpreted to mean two or more trips of twelve (12) hours or more, providing crews are called on rest on succeeding trips. In such event, they will be granted ten (10) hours rest if requested.
HANDLING EXTRA BOARDS AND EXTRA MEN
Rule 9(a). Separate extra boards for engineers, firemen, conductors, and brakemen will be maintained at Anchorage.
CONDUCTORS EXTRA BOARD ANCHORAGE
Rule 9(a)-2. There will be established at Anchorage a Rotary Conductor's extra board of five men who will be paid not less than 96 times the applicable straight time hourly rate per biweekly pay period, time to be computed on a weekly basis, provided they do not lay off or otherwise miss time. Time so lost will be deducted at the rate of 8 times straight time rate hourly for such time lost. In the event guarantee payments exceed 1,200 miles per biweekly pay period, one conductor for each 1,200 miles paid may be reduced from the board. Conductors rotating extra board will be considered a regular assignment and will be governed by seniority rules covering regular assigned jobs. In the event a vacancy occurs on this board and no bids are received, the youngest unassigned conductor will be assigned. These jobs will be seven day assignments with no rest day. Men bidding on these jobs must be qualified baggagemen and have passenger uniforms. Rule 3-D will not apply to jobs established under this rule.
CONDUCTOR EXTRA BOARD FAIRBANKS
Rule 9(a)-3. There will be established at Fairbanks an extra board consisting of three qualified conductors for relief purposes for trainmen whose home terminal is designated as Fairbanks or Healy. Conductors assigned under this rule may be used as brakemen if conditions require. This board will be regulated in accordance with Rule 9(a) -2.
Rule 9(a)-4. One qualified conductor will be maintained at Seward for relief purpose for trainmen whose home terminal is designated as Seward. Conductor assigned under this rule may be used as a brakeman if conditions require. This board will be regulated in accordance with Rule 9(a)−2.
ENGINEERS EXTRA BOARD ANCHORAGE
Rule 9(a)-5. There will be established at Anchorage an Engineer's rotary extra board of five men who will be paid not less than 96 times the applicable straight time rate per biweekly pay period, time to be computed weekly, provided they do not lay off or otherwise lose time. Time so lost will be deducted at the rate of 8 times the straight time rate for such time lost. In the event guarantee payments exceed 1,200 miles per biweekly pay period, one engineer for each 1,200 miles paid may be reduced. Engineer's board will be considered a regular assignment and will be governed by seniority rules covering regular assignments. In the event a vacancy occurs on the Engineer's board and no bids are received, the youngest unassigned engineer will be assigned. These jobs will be 7-day assignments with no rest day. Men bidding on these jobs must be qualified firemen. Rule 3(d) will not apply to jobs established under this rule. (Engineer on engineers extra board who are not qualified for passenger service, rotary service and branch service on the Jonesville branch will be run around and will retain their position on board. Rule 9(b) (Runarounds) will not apply.
Engineers will be required to qualify themselves for all classes of motive power covered by these rules and there will be no expense to the railroad by reason therefor.
Hired engineers with six (6) months experience in road or road work service on this railroad are eligible for passenger service. Engineers having 300 calendar days firing or running in road service from the date of promotion will be eligible to qualify with the Road Foreman of Engines for passenger or Jonesville branch service.
FIREMAN AND BRAKEMAN EXTRA BOARD ANCHORAGE
Rule 9(a)-6. There will be established at Anchorage separate rotating extra boards for firemen and brakemen. Men on these boards will be guaranteed 96 times the applicable straight time rates per biweekly pay period, providing they do not lay off or otherwise miss time. Time so lost will be deducted at the rate
of 8 times the straight time rate for each day of such time lost. Men on this board will be subject to call 7 days per week with no rest day. Rule 3(d) will not apply to jobs established under this rule. The management will control sole right to regulate these boards and the regulation will be made as soon as possible following the close of pay period. Firemen and brakemen cut off this board will have option of exercising seniority on regular assignment or be considered furloughed. Such men must declare their intention within 24 hours after having been cut off board. Men failing to declare intentions within time limit will be atomatically furloughed. (This shall not restrict such man's right to properly lay off after having declared intention subject to availability of men). Men cut off will be recalled in the order of their seniority and will have 14 days to report for service after having been recalled. Trainmen and enginemen furloughed from brakeman's and fireman's extra board will be given a service letter upon request. Train and enginemen cut off from extra boards or furloughed under Rule 9(a)-6, Sec. 1, will be given a service letter upon request. They must, by registered letter, keep the superintendent informed of their correct mailing address. When notified by the superintendent, by registered letter, to report for duty the employee will acknowledge receipt of same, and failure to report within fourteen (14) days from date registered letter is sent to last known address of the employee, unless an extension of time due to illness is arranged for, will constitute a forfeiture of all seniority rights.
All extra boards will be regulated only at biweekly intervals except firemen and brakemen may be added before the end of the biweekly period and will be guaranteed pro rata the balance of the pay period and will be retained on the board the succeeding pay period.
Rule 9(a)-7. In the event promoted men on fireman's or Brakeman's extra boards are used a total of 10 or more calls in biweekly pay period, in promoted status, one conductor or engineer will be added to board to conductors and engineers board respectively. It is understood that if a promoted man from nonpromoted board is called and either worked or deadheaded to an outlying point, calls will be computed as follows:
Turnaround service where time is computed continuously, one call will be credited.
Straightaway trip-to distant terminal-credit one call.
-from distant terminal-credit one call.
Snow-Work and Yard-if tied up away from extra board, each day so used, credit one call.
In the event management desires to increase conductors or Engineers extra board, as per Rule 9(a)-9, they may take the oldest promoted available man from the fireman's or brakeman's extra board and use him temporarily, for the life of the bulletin, on the conductors or engineers board. When assignment is made and man assigned to conductors or engineers board is available to protect his assignment, the brakeman or fireman so used will be returned to his respective board.
EXTRA BOARD SEWARD
Rule 9(a)-8. At Management's prerogative an extra board may be established at Seward and Fairbanks of one (1) engineer at each point for relief purposes, who will be paid in accordance with Rule 9(a)-5. When conditions require a reduction in force, the positions will be abolished in preference to the assigned engineer-hostler or assigned terminal hostler.
Rule 9(a)-9. All extra boards shall be regulated by management by 12:01 a.m. the first Monday following the close of the prior biweekly pay period.
ROTARY BOARD RULES
Rule 9(b)-1. All extra train and engineman are required to register their mileage and hours on duty at the completion of each trip in a book provided for that purpose in the Anchorage Yard Office, Fairbanks Yard Office and Seward Yard Office. Extra men working or deadheading into terminal where book of registration.