ARTICLE 7

TERMINAL DELAY

1. Initial terminal delay shall be paid on a minute basis to employees in freight service for all time in excess of seventy five (75) minutes computed from the time of reporting for duty up to the time the train leaves the terminal at one-eighth (1/8) of the basic daily rate, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.

NOTE 1: The phrase "train leaves the terminal" means when the train actually starts on its road trip from the yard track where the train is first made up.

This rule will not apply to pusher, helper, mine run, shifter, roustabout, belt line, transfer, work, wreck, construction, circus trains (paid special rates or allowances), road switcher (district runs), or to local freight service where switching is performed at initial terminal in accordance with agreement rules.

NOTE 2: The question as to what service constitutes a "mine run" as that term is used above shall be determined on each individual railroad by management and the appropriate General Committees.

Where mileage is allowed between the point of reporting for duty and the point of departure from the track on which the train is first made up, each mile so allowed will extend the period of seventy-five (75) minutes after which initial terminal delay payment begins as stated in Paragraph B.2. below.

2. When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid.

3. When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty.

B. FINAL TERMINAL DELAY

1. Computation of Time

In freight service all time in excess of 60 minutes computed from the time engine reaches switch, or signal governing same, used in entering the final terminal yard where train is to be left or yarded, until finally relieved from duty, shall be paid for as final terminal delay; provided that if a train is deliberately delayed between the last siding or station and such switch or signal, the time held at such point will be added to any time calculated as final terminal delay.

NOTE: With respect to the use of the term "deliberately delayed" in Paragraph 1. above, the following was agreed:

Where a crew was instructed to stop and was held outside the terminal between the last siding or station and the point where final terminal delay begins and there was no operational impediment to the crew bringing its train into the terminal, i.e., the train was deliberately delayed by yard supervision. Accordingly, it is agreed that Paragraph 1. would comprehend such situations.

On the other hand, it is agreed that the term "deliberately delayed" not be construed in such a manner as to include time when crews were held between the last siding or station and the point where final terminal delay begins because of typical railroad operations, emergency conditions, or appropriate managerial decisions. A number of examples were cited including, among others, situations where a train is stopped to allow another train to run around it; for a crew to check for hot boxes or defective equipment; for a crew to switch a plant; at a red signal (except if stopped because of a preceding train which has arrived at final terminal delay point and is on final terminal time, the time of such delay by the crew so stopped will be calculated as final terminal delay); because of track or signal maintenance or construction work; to allow an outbound train to come out of the yard; and because of a derailment inside the yard which prevents the train held from being yarded on the desired track, e.g., the receiving track. It is agreed that Paragraph 1. did not comprehend such conditions.

2. Extension of Time

Where mileage is allowed between the point where final terminal delay time begins and the point where finally relieved, each mile so allowed will extend the 60 minute period after which final terminal delay payment begins by the number of minutes equal to 60 divided by the applicable overtime divisor.

100 mile basic day assignments - 60/12.5 = 4.8 minutes per mile

130 mile basic day assignments - 60/16.25 = 3.7 minutes per mile

3. Payment Computation

All final terminal delay, computed as provided for in this Article, shall be paid for, on the minute basis, at one-eighth (1/8) of the basic daily rate, in effect as of October 31, 1985, according to class of service and engine used, in addition to full mileage of the trip, with the understanding that the actual time consumed in the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this Article. The rate of pay for final terminal delay allowance shall not be subject to increases of any kind.

After road overtime commences, final terminal delay shall not apply and road overtime shall be paid until finally relieved from duty.

NOTE: The phrase "relieved from duty" as used in this Article includes time required to make inspection, complete all necessary reports and/or register off duty.

4. Multiple Trips

When a tour of duty is composed of a series of trips, final terminal delay will be computed on only the last trip of the tour of duty.

5. Exceptions

This Article shall not apply to pusher, helper, mine run, shifter, roustabout, belt line, transfer, work, wreck, construction, road switcher or district run service. This Article shall not apply to circus train service where special rates or allowances are paid for such service.

NOTE: The question as to what particular service is covered by the designations used in Paragraph 5. shall be determined in accordance with the schedule rules and practices.

6. Local Freight Service

In local freight service, time consumed in switching at final terminal shall not be included in the computation of final terminal delay time.

This page last updated: March 01, 2005