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GIFT OF Bureau of railway

New York Central & Hudson River R. R. Co.

DECISION OF ARBITRATORS

Decision of Arbitrators Governing Rates of Pay and Certain Conditions of Employment of Passenger and Freight Conductors, Assistant Conductors, Train Baggagemen, Passenger Trainmen, Freight Brakemen and Flagmen, Yard Conductors and Yard Brakemen, and also Conductors and Trainmen in Mixed Train, Mine Run, and Pusher or Helper Service, in the Employ of the New York Central & rludson River Railroad Company (including the West Shore Railroad) and the Boston & Albany Railroad Company.

Under an agreement made April 12, 1910, between Mr. A. H. Smith, Vice-President and General Manager of the New York Central Railroad and the Boston & Albany Railroad, and Mr. A. B. Garretson, President of the Order of Railway Conductors, and Mr. W. G. Lee, President of the Brotherhood of Railroad Trainmen, the questions of whether or not the above-designated employes on the properties named shall be accorded increases in pay, and if so, what such increases shall be and what changes in working conditions shall be made, were submitted to the undersigned as arbitrators, with an agreement that the award shall be effective as of April 1, 1910.

The limits of the arbitration are, on the one hand, the existing rates of pay and conditions of employment, and, on the other hand, certain proposals submitted by the employes through their representatives, which are hereinafter stated and discussed seriatitn.

For many years rates of pay of trainmen and yardmen in the territory east of Chicago, St. Louis and the Mississippi River have been lower than in the territory west of that line, and the dif- ferences were widened by substantial increases secured on the Western lines in 1903 and 1907. The employes on the eastern hues had their requests and proposals for increases of pay all ready for sub- mission to the managements of the roads when the financial depression of 1907 occurred. Realizing the impossibility of securing at that time favorable consideration of such requests the proposals were withheld awaiting a revival of business conditions and of earnings, and early in the present year were presented generally to the managements of the roads east of Chicago and St. Louis and north of the lines of the Chesapeake & Ohio Railway.

Differing views have always been entertained and expressed as to the effect that should be given to changes in the cost of living. Whatever opinions may be held in connection with temporary fluctuations in such cost it must be and is conceded that present conditions warrant and require readjustment of wages of men who, like those here involved, have not had such readjustment. Evidently we have reached a permanently new basis of living and living costs which calls for sub- stantial increase in wages to these men. ■ It happened that the efforts of the employes through their organizations to reach adjustment with an individual line were first made on the Baltimore & Ohio Railroad, and that, therefore, became the trial ground for the establishment of the higher scales of pay and of substantially uniform conditions on the roads in the territory described; and modifications of the original pro- posals of the employes made in that settlement necessarily established precedents of great weight in subsequent settlements on other lines.

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" "" ^ Yhe'acfjustment on the Baltimore & Ohio Railroad was agreea to between the management and the officers of the employes' organizations as a result of exhaustive negotiations and of the efforts of the Chairman of the Interstate Commerce Commission and the United States Commissioner of Labor, acting as mediators under the so-called Erdman Arbitration Act.

We recognize fully the importance and desirability of the nearest possible approach to uniform- ity in pay of employes in like service in a given territory, but the nearest approach to such uni- formity has always recognized some variations on account of differing conditions on different lines of road. We shall award the rates and rules which we regard as the proper standards in this terri- tory. At the same time we shall prescribe certain exceptions, due to local conditions, which are peculiar to this line, and shall postpone the effective date of a part of the increases awarded, solely because the increases and the percentage of increase necessary to reach those standards on this sys- tem are much greater than were necessary on any system in this territory upon which settlement has been made, and much greater than will be necessary on any system in this territory of which we have knowledge.

PROPOSED BY EM'PLOYES:

Article A. On runs of 155 miles per day or over, the pay of passenger con- ductors on steam or electric trains to be 2.75 (2fc. per mile) ; baggagemen 1.75 cents (Ifc.) per mile; flagmen and brakemen 1.65 cents (1 65/ 100c.) per mile. This article proposes a uniform rate of pay per mile for employes in passenger train service in lieu of the existing rates, which vary according to the service and local conditions on the different divisions of the road. In the settlement on the Baltimore & Ohio the rates of pay for these employes, not otherwise specially provided for, were fixed as follows:

Passenger conductors 2.68 cents per mile

Minimum monthly pay $125.00.

Baggagemen handling express 1.65 cents per mile

Minimum monthly pay $79.00.

Baggagemen not handling express 1.55 cents per mile

Minimum monthly pay $75.00.

Brakemen 1.50 cents per mile

Minimum monthly pay $70.00.

In settlements just made on the New York, New Haven & Hartford and Boston & Maine

Railroads, the pay of the passenger train employes was fixed as follows :

Conductors 2.68 cents per mile

Assistant Conductors or Ticket Collectors 2.15 cents per mile

Baggagemen 1.55 cents per mile

Brakemen 1 .50 cents per mile

with stipulations as to minimum month's pay the same as on the Baltimore & Ohio, and minimum

day's pay as follows:

Conductors, both steam and electric $4.20 per day

Assistant Conductors 3.35 per day

Baggagemen 2.75 per day

Brakemen 2.55 per day

of ten hours or less; overtime pro rata.

It is argued by representatives of the company that the conditions on the New York Cen-

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tral are substantially diflferent from those on either of the above referred to roads, particularly in that the New York Central has largely a four-track line, has many through fast passenger trains upon which the runs are naturally and necessarily longer and upon which the employes easily make a much larger mileage within a given time. We are impressed with the force of this argument as applied to the long runs in fast through passenger train service on this road, and we find established precedents for differentiating between fast through trains on long runs and slower trains and shorter runs.

IT IS ADJUDGED AND AWARDED that in all passenger train service not otherwise specified herein the standard rates of pay in both steam and electric service shall be:

Conductors. 2.68 cents per mile

Assistant Conductors. 2.15 cents per mile

Baggagemen. ...1.55 cents per mile

Rear Trainmen (Flagmen) 1.525 cents per mile

Brakemen. 1.50 cents per mile

EXCEPTIONS:

(a) On passenger trains upon which the men run through in either direction between New York and Buffalo; or Weehawken and Suspension Bridge or Buffalo; the pay shall be:

Conductors 2.40 cents per mile

Baggagemen. 1.39 cents per mile

Rear Trainmen (Flagmen) 1.37 cents per mile

Brakemen. 1.34 cents per mile

(b) On the through passenger train runs between Utica and Montreal, and on passenger train runs on the River, Hudson, Mohawk and Western Divisions other than those referred to in preceding paragraph (a), upon which the crews run more than 5,500 miles per month, the pay shall be as follows until January 1, 1911:

Conductors 2.50 cents per mile

Baggagemen. 1.45 cents per mile

Rear Trainmen (Flagmen). 1.42 cents per mile

Brakemen. 1.40 cents per mile

and on January 1, 1911, shall be advanced to the standard rates above awarded.

(c) It has been customary for both officers of railroads and employes to recognize the propriety of lower rates of pay on branch line runs where the traffic, the work and the responsibil- ities are comparatively light. Such runs are surrounded and influenced by local conditions which are not before us as to the following branch line runs* Possum Glory, Phillipsburg, Wallkill Valley, Chenango, Batavia and Attica, Herkimer and Poland, Clearfield and Keating, 30th Street, Mahopac, Penn Yan, Wellsboro, Clearfield Southern, Cape Vincent and De Kalb. With the understanding that these runs are to be the subject of adjustments between the employes and the company in the usual way, we refrain from fixing rates of pay therefor except to award that the men employed thereon shall be accorded increases in pay in harmony with their relationship to runs in the same territory that come under the minimum pay rules herein awarded, effective as of April 1, 1910.

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PROPOSED BY EMPLOYES: Article B. On runs of less than 155 miles per day, the pay of passenger con- ductors on steam or electric trains to be $4,25 per day; baggagemen $2.75 per day; flagmen and brakemen $2.55 per day. IT IS ADJUDGED AND AWARDED that minimum allowances for employes in both

steam and electric passenger services for each day used shall be :

Conductors $4.20 per day

Assistant Conductors .- -. 3.35 per day

Baggagemen -. 2.75 per day

Brakemen .- 2.55 per day

exclusive of overtime; and that regular assigned passenger train employes who are ready for

service the entire month and who do not lay off on their own accord shall receive the following

minimum sums, exclusive of overtime, for the calendar month:

Conductors $125.00

Assistant Conductors 100.00

Baggagemen -. 75.00

Rear Trainmen (Flagmen) 72.50

Brakemen 70.00

PROPOSED BY EMPLOYES: ARTiciyE C. Ten hours or less, 155 miles or less, will constitute a day's work in passenger service. All over ten hours to be paid for as overtime and be computed from the time men are required to report for duty and to continue until they are relieved from duty at the end of run, and will be paid for at the following rates: Conductors 42 cents, baggagemen 27 cents, flagmen and brakemen 25 cents per hour. Less than 30 minutes not to be counted; 30 minutes or over to be paid for as one hour.

All regularly assigned passenger crews will be guaranteed not less than 155 miles per day for the calendar working days of the month. The conditions on the Boston & Albany are substantially similar to those on the competing New York, New Haven & Hartford and Boston & Maine systems, and there appears to be no good reason why this rule should not be substantially the same for those lines.

In computing overtime the general practice has been to disregard fractions of an hour less than 30 minutes and to count fractions of more than 30 minutes as full hours. This practice has been found objectionable in many ways to both companies and employes. It is open to and has led to abuses. The theory underlying a mileage schedule of pay is that the employe will be paid for all the service he renders, and the company will not pay for any service that it does not get. Upon that same principle rests the logical contention that the pay of employes shall begin at the time at which they are required to report for duty. That principle applied to com- putation of overtime dictates that overtime should be paid for actual overtime worked or held for duty. There is no good reason why the employe should work 29 minutes overtime for noth- ing, or why the company should pay one hour's pay for 31 minutes of overtime.

IT IS ADJUDGED AND AWARDED that New York Central passenger tram employes on short turn-around runs, no single trip of which exceeds 80 miles, including suburban service, shall be paid overtime for all time actually on duty or held for duty in excess of 8 hours (com-

pitted on each run from the time required to report for duty to end of that run) within 12 consecutive hours; and also for all time in excess of 12 consecutive hours computed continuously from time first required to report to final release at end of last run. All other New York Cen- tral passenger train employes shall be paid for overtime on the basis of 20 miles per hour, computed from the time required to report for duty until released, and separately for each part of a round-trip run.

In passenger train service on the Boston & Albany Railroad the Boston-Springfield and Spring- field-Albany runs shall be paid overtime on the above basis of 20 miles per hour. On all other Boston & Albany passenger runs ten hours or less shall constitute a day, and all time in excess of ten hours, computed continuously from the time required to report to final release at the end of last run, shall be paid for as overtime.

Overtime in passenger train service shall be computed for each employe on the basis of actual overtime worked or held for duty, and at the following rates :

Conductors 42 cents per hour

Assistant Conductors 33 cents per hour

Baggagemen 25 cents per hour

Rear Trainmen (Flagmen) 24 cents per hour

Brakemen 24 cents per hour

See exception on page 12.

PROPOSED BY EMPLOYES :

Article D. Milk trains will be given the same rate of pay which apphes to the branch of service in which they are classed on any line November 1, 1909, If not classed in either freight or passenger service, not a lesser rate of increase will be given than is given in freight service. Milk trains must of necessity be run to meet the varying requirements on different roads and on different divisions of the same road. A fixed rule of general application would be impracticable.

IT IS ADJUDGED AND AWARDED that the rates of pay of Conductors and Trainmen on milk trains shall be increased by the same percentage as the rates in through freight train service on the same district are increased by this arbitration.

PROPOSED BY EMPLOYES :

Articl,E E. Reductions in crews or increases of mileage in passenger service from assignments in effect November 1, 1909, will not be made for the purpose of offsetting these increases in wages. Unlike men in ordinary industrial trades, employes on trains must, in order to enjoy any of the advantages and comforts of home life, have their runs so adjusted as to give them the greatest prac- ticable amount of time at home. If, therefore, an increase in pay were to be offset by a readjust- ment of runs, which not only increased the duties and service of the employes, but served to keep them away from their homes and thus add to their cost of living, it would be a vain accomplishment and be most unsatisfactory. On the other hand, the exigencies of the business are such that the re- sponsible managing officers of the road must have reasonable leeway within which to adjust the num- ber and time of their trains and the points between which they will run in such way as to best and most satisfactorily serve the public. Therefore, a reasonable fixed rule on this subject is outside the limits of possibility.

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IT IS ADJUDGED AND AWARDED that reductions in crews or increases of mileage in pas- senger train service shall not be_,made for the purpose of offsetting these increases in wages. This, however, is not to be understood as preventing readjustment of runs in short turn-around and sul)- urban service, that are paid under minimum rules, for the purpose of avoiding payment of excess mileage or overtime that would accrue under these rules, without reducing the number of crews.

PROPOSED BY EMPI.OYES:

ArTici,e F. Through and irregular freight service to be paid as follows: Con- ductors 3.8 cents (3 8/ 10c.) per mile, flagmen 2.63 cents (2 63/ 100c.) per mile, brake- men, 2.53 cents (2 53/ 100c.) per mile; runs of 100 miles or less, either straight-away or turn-around to be paid for as 100 miles. This proposal was modified in the settlement on the Baltimore & Ohio Railroad to the general basis of :

Conductors. 3.63 cents per mile

Flagmen 2.525 cents per mile

Brakemen. 2.42 cents per mile

with allowance of 100 miles for run of 100 miles or less either on straight-away or turn-around runs. The same rates have since been established in adjustments on the New York, New Haven & Hart- ford and Boston & Maine Railroads.

It is contended on the one hand that the physical conditions, additional tracks, grades, classifi- cation of trains, etc., on the New York Central justify lower rates per mile for through freight ser- vice than in the other roads named, and that the rates should be less per mile for fast through freight trains than on slow through freight trains, as is provided for and recognized in the existing New York Central pay schedule. On the other hand, it is contended that all through freight runs should be paid the same rate per mile, and this is a general or almost universal practice.

An analysis of the freight runs on the New York Central shows that of the freight train mile- age about 40 per cent is local and pick-up service, about 30 per cent is slow through freight, and about 30 per cent fast through freight.

IT IS ADJUDGED AND AWARDED that in through freight train service the standard rates of pay shall be :

Conductors 3.63 cents per mile

Flagmen... 2.525 cents per mile

Brakemen.. 2.42 cents per mile

Runs of less than 100 miles shall be paid at 100 miles; but the representatives of the company and of the employes may agree upon certain instances in which an individual employe or a crew, not having made 100 miles, may make two or more short runs in continuous service without being entitled to 100 miles allowance for each such trip.

EXCEPTION :

On the Hudson, Mohawk, Western, and River Divisions of the New York Central, the rates in through freight train service shall be as follows until January 1, li)ll :

Conductors 3.4 cents per mile

Brakemen .- 2.35 cents per mile

and on January 1, 1911, shall be advanced to the standard rates above awarded.

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PROPOSED BY EMPLOYES: ArticIvK G. Local or pick-up service to be paid as follows: Conductors 4.05 cents (4 l/20c.) per mile; flagmen 2.8 cents (2 8/ 10c.) per mile; brakemen 2.7 cents (2 7/ 10c.) per mile; 100 miles or less to be paid for as 100 miles. Where regularly assigned local crews working less than the calendar working days of the month are em- ployed, they will be guaranteed not less than 100 miles for each calendar working day. These proposed rates were modified in the settlement on the Baltimore & Ohio Railroad to the following general basis :

Conductors. $3,975 per day

Flagmen 2,80 per day

Brakemen. : 2.70 per day

100 miles or less or ten hours or less to constitute a day; mileage in excess of 100 miles on any run or hours in excess of 10 paid for additional, pro rata.

The same rates were adopted on the New York, New Haven & Hartford and Boston & Maine Railroads, and the theretofore existing provision that 75 miles or less will be paid for as 100 miles was continued.

IT IS ADJUDGED AND AWARDED that in local freight, pick-up and drop service men

shall be paid as follows:

Conductors. $3,975 per day

Flagmen 2.80 per day

Brakemen..._.. 2.70 per day

Mileage in excess of 100 miles in any day shall be paid for in addition, pro rata.

PROPOSED BY EMPLOYES: Article H. In all freight service 100 miles or less, ten hours or less to con- stitute a day's work; overtime after ten hours. On runs of over 100 miles, over- time will be paid on a basis of speed of ten miles per hour. The working time of men to begin at time required to report for duty and to continue until released from duty at end of run. Overtime to be paid for at the rate of ten miles per hour for class of service performed. Less than 30 minutes not to count, 30 minutes or over . to be paid for as one hour. This proposal is an accepted and long established rule, except that in the past it has been generally customary to compute the employes' pay from the time set for them to leave, although the New York Central rule has been to compute the time from 30 minutes before the time set to leave, and the Boston & Albany rule has been substantially that now sought. It is now proposed that the time shall begin at the time employes are required to report for duty. Certain duties performed by employes before leaving are performed under rules and requirements of the railroad company, and are in fact the work of the railroad company, and ought to be paid for as such.

IT IS ADJUDGED AND AWARDED that in all freight and mixed train service, including mine runs and pusher or helper service, 100 miles or less or ten hours or less shall con- stitute a day's work; that on runs of 100 miles or less overtime shall be paid for time in excess of ten hours, and on runs of over 100 miles overtime shall be paid for that time used in excess of the time necessary to complete the trip of an average speed of 10 miles per hour. The working

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time of the men shall begin at the time they are required to report for duty, and do so report, and shall continue until they are relieved from duty at end of run.

Overtime shall be computed for each employe on the basis of actual overtime worked or held for duty, and be paid for at the rate of 10 miles per hour for the class of service performed.

PROPOSED BY EMPLOYES: Artici^E I. Work, construction or wrecking trains to be paid through freight rates; 100 miles or less, 10 hours or less, to constitute a day's work, overtime pro rata. At the present time employes in work, construction and wrecking train service on the New York Central are paid higher rates than in through freight train service, the conductor's rate being $8.50 and the brakeman's rate $2.50.

IT IS ADJUDGED AND AWARDED that in work, construction and wrecking train service, including ballast and filling service, men shall be paid through freight rates, except that on the New York Central the brakeman's present rate of $2.50 per day shall be continued.

One hundred miles or less, ten hours or less, shall constitute a day's work; overtime, com- puted for each employe on the basis of actual overtime worked or held for duty, pro rata.

PROPOSED BY EMPLOYES: ArTicIvE J. The same increases as given in freight service to be also given in mixed, mine, and all other freight service. In all classes of freight, mixed, helper and other freight service not over 10 hours will be required for a day's work. Over- time after 10 hours pro rata rates. Conductors and trainmen in mixed train, mine run, and pusher or helper service are classified in present pay schedule.

IT IS ADJUDGED AND AWARDED that runs or service in mixed train, mine run, and pusher or helper service shall be continued in the present classifications, and conductors and train- men employed therein shall be given the same increases in pay as are given to those respective classifications.

PROPOSED BY EMPLOYES: Article K, The increases herein requested to apply to all rates for special or incidental services, as specified in the individual schedules. Local conditions necessitate more or less incidental service on certain divisions of the road for which special regulations must be provided according to the local requirements of the com- pany and of the men.

IT IS ADJUDGED AND AWARDED that rules governing such services not provided for herein shall be arranged between the officers of the company and representatives of the employes upon bases consistent and in harmony with the rate and rules herein awarded.

PROPOSED BY EMPLOYES: Artict,i<; L. Deadheading in freight or passenger service to be paid for at full rates for the class of service in which regularly engaged. Trainmen running with light engines, or engine and caboose, will be paid full through freight rates. Where individual employes are deadheaded it is usually practicable and customary to dead- head them on passenger trains. Where freight crews are deadheaded it is generally necessary to

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also deadhead their cabooses, and generally desirable, especially when men are deadheading away from their home tenninals, that they should go with their cabooses. The exigencies of the service and the necessity at times of deadheading men on shortest notice make an inflexible rule as to the manner of deadheading men impracticable. The present rule on the Boston & Albany allows men full pay for deadheading.

IT IS ADJUDGED AND AWARDED that on the Boston & Albany the present rule for payment of full time for deadheading, and the exception thereto as to extra men, shall be con- tinued in force; that on the New York Central employes deadheading on passenger trains shall be paid one-half mileage rates for the class of service in which they are engaged, and when dead- heading on freight trains shall be paid at full mileage rates for the class of service in which en- gaged, and that on both, the New York Central and the Boston & Albany, trainmen running with light engines or with engine and caboose shall be paid through freight rates.

PROPOSED BY EMPLOYES: Article M. With trains of over 30 cars, exclusive of caboose, the practice of doubleheading is to be discontinued, except as hereinafter provided. Doubleheaders may be run on any district, when necessary on account of inclement weather or to avoid running the engine light, or in moving engines to and from shops, provided the rating of the heaviest engine handling train is not exceeded. In case of an accident to any engine, consolidation may be effected with another train, and the consolidated train brought into terminal if practicable. In the settlement on the Baltimore & Ohio Railroad it was agreed that consideration of this proposition would be postponed and that the parties would join in an effort to have the subject taken up in a joint conference for all the roads in the territory alike, and the proposal was disposed of in the same way on the New York, New Haven & Hartford and Boston & Maine Rail- roads. The percentage of doubleheading in freight service on the New York Central road is small, and in view of these facts we do not deem it consistent or proper to establish a rule or precedent in this proceeding.

IT IS ADJUDGED AND AWARDED that the New York Central and Boston & Albany Railroads shall join in arrangements for and in representation at such conference.

PROPOSED BY EMPLOYES: Article N. The Chicago standard rates of pay to govern in all yards; 10 hours or less to constitute a day's work. Overtime pro rata.

Since this proposal was first submitted the Chicago scale of pay for yard conductors and yard brakemen has been increased 3 cents per hour for each of those classes, and corresponding in- creases of 3 cents per hour have been voluntarily made to the same employes of the New York Central and Boston & Albany roads. At present the yard service on the New York Central Rail- road is divided into six groups, with a different scale of pay for each group. The yards on the Boston & Albany are all in one group, with one scale of pay, except South Framingham yard. The proposal of the employes if adopted would place all of the yards in one class and would apply to all of them the highest scale of pay.

The proposal was modified in the settlements on the Baltimore & Ohio, New York, New Haven & Hartford, and Boston & Maine roads, and the different yards have been classified in groups,

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according to the importance of the yard and the character of the work done there, and with a scale of pay for each group.

We are not prepared to say that the employes in the less important yards shall be now put upon the same basis of pay as the men in the more important yards and the large switching centers. We think that the yards should be classified in three groups; that in the yards in the second group the men should be paid one cent per hour less than in the first group, and in the third group two cents per hour less than in the first group.

Recent adjustments made between these organizations and the managements of other roads have fixed rates of pay for yard conductors and yard brakemen at Cleveland and other important switching centers east of Chicago at one cent per hour less than the Chicago scale. That basis, one cent below the Chicago scale, has for a long time obtained at Buffalo and in the terminals of the New York Central at New York Harbor.

IT IS ADJUDGED AND AWARDED that in the following yards of the Boston & Albany Railroad: Rensselaer, West Springfield, Springfield, Worcester, Beacon Park, East Cambridge, East Boston and Boston; and in the following yards of the New York Central Railroad: Buffalo, East Buffalo, Rochester, East Rochester, Suspension Bridge, Niagara Falls, Syracuse, De Witt, Utica, West Albany, Albany, Rensselaer and New York Harbor points the rates of pay shall be:

Day Conductors 37 cents per hour

Day Brakemen. 34 cents per hour

Night Conductors 39 cents per hour

Night Brakemen 36 cents per hour

That in the Pittsfield Junction yard of the Boston Sc Albany Railroad; and in the following yards of the New York Central Railroad : Ravena, Lyons, Tonawanda, Oswego, Watertown, Corning, Newberry Junction, Avis, Clearfield, Troy and Schenectady, the rates of pay shall be:

Day ConductorsL 36 cents per hour

Day Brakemen 33 cents per hour

Night Conductors. 38 cents per hour

Night Brakemen. 35 cents per hour

That in all other yards the rates shall be :

Day Conductors 35 cents per hour

Day Brakemen. 32 cents per hour

Night Conductors 37 cents per hour

Night Brakemen. 34 cents per hotu"

and that in all yards 10 hours or less shall constitute a day's work; overtime, computed for each em* ploye on the basis of actual overtime worked or held for duty, pro rata.

PROPOSED BY EMPLOYES:

Article O. Upon roads having a better basis for a day's work or for payment of overtime, or other rates or allowances in passenger, freight, yard, mixed, work train service, or other services, the adoption of the foregoing rates and rules not to operate as a reduction thereof. Pursuant to agreement between the principals in this proceeding:

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IT IS ADJUDGED AND AWARDED that neither this award nor any minor adjustment made thereunder shall operate to reduce the compensation now paid for any service under the pay schedule.

In the schedule of January 1, 1907, it is specified that certain runs will be considered local pick- up and drop train. That classification of those runs is hereby continued.

The present schedule contains certain rules affecting the compensation of the employes for spe- cial or incidental service, based, of course, upon present standards of pay. In so far as such rules are in conflict with and are absorbed by this award they are abrogated. Aside from such conflict or absorption these rules, and other rules affecting services and compensation of these employes, are subject to adjustment between the management and the employes, consistent with the new standards of compensation here awarded.*

In numerous instances the present schedule provides that employes shall have certain days off duty. These allowances evidently were intended to affect or be a part of the employe's compensa- tion. It is to be understood that the new rates and rules here awarded do not contemplate continu- ance of these allowances except in instances in which the new adjustment does not fully compen- sate the employe for discontinuance of same, and in instances in which the management and the employes hereafter agree upon such allowances.

The present schedule provided for certain baggagemen who also handle express business. Their compensation is paid in part by the express company. The conditions of their service and com- pensation vary on different parts of the roads and on different runs. The details of the adjustment of the compensation of this class of employes are hereby left to negotiations between the officers of the company and the committees of employes, with the understanding that they shall be accorded increases in pay proportionate and harmonious with those herein awarded to other baggagemen.

On the Ontario Division and the St. Lawrence Division (formerly R. W. & O.) present pay schedule provides for numerous allowances of constructive mileage, largely upon runs which no longer exist. It is understood that these special constructive mileage allowances will be discontinued, €xcepting that present pay of brakemen on Utica-Ogdensburg freight runs shall not be reduced. The rates and rules herein awarded will be generally applied. Oswego, Watertown, Syracuse and Utica shall be considered terminals for freight runs and freight runs between any two of those terminals beginning and ending thereat shall be paid as 100 miles. For example, a trip from Sahna or Syracuse to Watertown will be paid as 100 miles, and a trip from Salina to Syracuse to Watertown and return to Salina or Syracuse will be paid as 200 miles.

PROPOSED BY EMPLOYES: Article P. Application of Sixteen Hour Law. This proposal developed no substantial difference of opinion between the parties to this arbi- tration.

IT IS ADJUDGED AND AWARDED that:

(a) Under the laws limiting the hours on duty, crews in road service shall not be tied up unless it is apparent that the trip cannot be completed within the lawful time; and not then, until after the expiration of fourteen hours on duty under the Federal law, or within two hours of the time limit provided by State laws if State laws govern.

(b) If road crews are tied up in a less number of hours than provided in the preceding para- graph, they shall not be regarded as having been tied up under the law, and their services shall be paid for under the pay schedule of the road.

(c) When road crews are tied up between terminals under the law, they shall again be con-

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sidered on duty and under pay immediately upon the expiration of the minimum legal period off duty applicable to the crew, provided, the longest period of rest required by any member of the crew, either eight or ten hours, shall be the period of rest for the entire crew.

(d) A continuous trip shall cover movement straight-away or turn-around from initial point to the destination train is making when required to tie up. If any change is made in the destina- tion after the crew is released for rest, a new trip shall commence when the crew resumes duty.

(e) Road crews tied up under the law, shall be paid the time or mileage of their schedule, from initial point to tie-up point. When such crews resume duty on a continuance trip, they shall be paid miles or hours, whichever is the greater, from the tie-up point to the next tie-up point, or to the terminal. This does not permit crews to be run through terminals unless such practice is permitted under the pay schedule.

(f) Road crews tied up for rest under the law, and then deadheaded into terminal, with or without caboose, shall be paid therefore as per paragraph (e) the same as if they had run the train to such terminal.

(g) Train employes tied up in obedience to law shall not be required to watch or care for engines or perform other duties while so tied up.

(h) Yard employes who are relieved for rest in compliance with law shall be permitted to resume work when the lawful rest period is up and to work ten hours or be paid for ten hours.

E. E. Clark,

P. H. MORRISSEY,

Arbitrators. New York, N. Y. May 4, 1910.

EXCEPTION (see page 5) : The award of overtime on short turn-around passenger runs on the New York Central, no single trip of which exceeds 80 miles, including suburban service, provides for overtime on runs upon which none has heretofore been paid. It inaugurates an entirely new basis for overtime on this road, and it is deemed advisable and fair to make that particular part of the award effective June 1, 1910, and it is so adjudged and awarded.

E. E. Clark,

P. H. MORRISSEY,

Arbitrators.

12

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