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ARTICLE 11
LAPBACK MOVEMENTS A. Articles 3.A. and 4.E. of this Agreement are amended to the extent hereinafter provided. While this Article will take precedence over and be effective in lieu of schedule rules or understandings in conflict herewith, it does not alter, change or amend such rules with respect to matters not herein dealt with. The execution of this Agreement is without precedent or prejudice to respective contentions of either of the parties hereto with respect to questions not disposed of herein.B. Where the phrases "lapback movements" or "inside turns" are used, the words mean the turning back of a crew for a distance of one-half mile or more in one direction.
C. None of these provisions apply to branch line, specified or anomalous service, bona fide work, or construction service trains, wrecking service, mine run service, helper service, and road switcher service, it being recognized that in such service lapback movements or inside turns without additional payments are permissible. (It is not intended by this paragraph to change the present practice of operating mine runs.) D. When crews are required to make a lapback movement or inside turn to extent specified herein, compensation for such additional miles actually run, additional hours on duty and additional service performed shall all be covered in payments to be made on the following basis:
E. If more than one lapback movement or inside turn is made on a day or trip, the additional time so worked, additional service performed, and additional miles actually run shall be combined and payments made, provided however that in such case the payment for all such lapback trips will be a minimum of eight hours. F. These provisions do not relate to and shall have no application to the performance of two or more classes of service such as, but not limited to, freight crews performing a combination of freight service, helper or pusher service, work train service or wrecking service, it being agreed that in such instances Article 3.F., the "Two or More Classes of Road Service" rule, is applicable to the extend specified by the arbitrator in the decision rendered August 1, 1951 and December 3, 1952. QUESTIONS AND ANSWERS Question #1: As to lapbacks, does this term mean a lapback made on the main line over which the train is moving between terminal and terminal or terminal and turning point or returning from turning point to terminal? Answer: Yes. Question #2: Is it a lapback when an employee en route John Sevier to Asheville arrives New Line, is directed to go to Morristown and get a car and return to New Line because he is not going to Morristown? Answer: This is a side trip and it is not covered by this Article. Question #3: An employee operating between Oakdale and Knoxville arrives at Clinton, Tennessee, is directed to go to Lake City and return to Clinton, Tennessee, 20 miles, and go to destination. Answer: Same as Question #2. Question #4: Are Articles 3.J. and 4.E. affected by this Article? Answer: No. See Paragraph A. Question #5: Is a lapback involved where a train pulls a draw head, the crew sets part of the train in a siding, then returns and chains up? Answer: No lapback is made. See Paragraph B.3. Question #6: In the same illustration the train goes into or out of the home terminal. Answer: Schedule rules as to operating into and out of the home terminal would apply. Question #7: At an intermediate point, a crew returns over the main line within yard or station limits, a distance of more than one-half mile in one direction, to pick up a car. Is this a lapback movement? Answer: No. Question #8: Continuous trip of crew making straightaway run from Alexandria to Monroe is interrupted at Orange where the engines are cut off and another train assisted Orange to Montpelier. Crew returns to Orange and continues trip to Monroe. Was the movement Orange to Montpelier and return deemed to be a "lapback movement" or "inside turn"? Answer: No. This will be a case of a crew performing more than one class of service, and Article 3.F. applies. Question #9: Continuous trip of crew making straightaway run from Birmingham to Atlanta is interrupted at Bremen where the engines are cut off and crew returns to Tallapoosa to pick up a car for movement to Atlanta. The car is picked up and crew returns to Bremen where train is picked up and trip continued to Atlanta. Was the movement from Bremen to Tallapoosa and return considered a "lapback movement" or "inside turn"? Answer: Yes. See Paragraph B. Question #10: Train on turnaround basis has reached its turning point and is sent to an intermediate point and returns to its turning point and proceeds thence back over same territory to original starting point. Is such a movement "lapback" or "inside turn" within the meaning of this Article? Answer: No. See Paragraph B.2. Schedule rules will govern. This question and answer is made without prejudice to respective contentions. This page last updated: March 02, 2005 |