ARTICLE 12

ROAD ENGINES, CABOOSES AND SUPPLIES

A. ELIMINATION OF CABOOSES

Pursuant to the recommendations of Emergency Board No. 195, the elimination of requirements for or affecting the utilization of cabooses, as proposed by the Carriers in their notice served on or about February 2, 1981, will be handled on an individual railroad basis in accordance with the following agreed upon procedures and guidelines.

Cabooses may be eliminated from trains or assignments in any or all classes of service by agreement of the parties.

Cabooses in all classes of service other than through freight service are subject to elimination by agreement or, if necessary, by arbitration.

In through freight service, cabooses on all trains are subject to consideration in the negotiation of trains that may be operated without cabooses and there is no limit on the number that can be eliminated by agreement. However, there shall be a 25% limitation on the elimination of cabooses in through freight (including converted through freight) service, except by agreement. If arbitration becomes necessary to achieve the 25 percent of cabooses that may be eliminated in through freight service it shall be handled as hereinafter provided.

1. Procedures

a. When a Carrier desires to operate without cabooses in any service, it shall give written notice of such intent to the General Chairperson(s) involved, specifying the trains, runs or assignments, territory, operations and service involved. A meeting will be held within fifteen (15) days from the date of such notice to commence consideration of the Carrier’s request subject to the guidelines outlined in Paragraph 2. below.

b. There is no limit on the trains, runs or assignments in any class of service that may be operated without cabooses by agreement. If the Carrier and the General Chairperson(s) are able to reach an agreement, the elimination of cabooses pursuant to such agreement may be implemented at the convenience of the Carrier.

c. In the event the Carrier and the General Chairperson(s) cannot reach an agreement within sixty (60) days from the date of the notice, either party may apply to the National Mediation Board to provide the first available neutral from the panel provided for below.

d. Within fifteen (15) days from the date of this Agreement, the parties signatory to the Agreement shall agree on a panel of five qualified neutrals and an alternate panel of five qualified neutrals and an alternate panel of five qualified neutrals who shall be available to handle arbitrations arising out of this Article. If the parties are unable to agree on all of the neutrals within fifteen (15) days, the National Mediation Board shall appoint the necessary members to complete the panels. If one or more members of a panel becomes unavailable he shall be replaced under this procedure. A neutral shall not be considered available if he is unable to serve within thirty (30) days from the date requested. Should a neutral be requested and none of the panel members is available to begin review of the dispute with the parties within thirty (30) days of such request, the National Mediation Board shall appoint a non panel neutral in such dispute.

e. The neutral member will review the dispute and if unable to resolve by agreement the neutral member will, within thirty (30) days after the conclusion of the hearing, make a determination on the proposed elimination of cabooses involved in the dispute. The determination of the neutral member authorizing the elimination of cabooses shall be final and binding upon the parties except that the Carrier may elect not to put such determination into effect on certain trains or assignments covered thereby by so notifying the General Chairperson(s) in writing within thirty (30) days from the date of the determination by the neutral. If a Carrier makes such an election it shall be deemed to have waived any right to renew the request to remove the caboose from any such train or assignment covered thereby for a period of one year following the date of such determination.

f. It is recognized that the operating rules, general orders and special instructions should be reviewed and revised by the Carrier, where necessary, to accommodate operations without cabooses. Any necessary revision will be in effect when trains are operated without cabooses.

2. Guidelines

The parties to this Agreement adopt the recommendations of Emergency Board No. 195 that the elimination of cabooses should be an on-going national program and that this program can be most effectively implemented by agreements negotiated on the local properties by the representatives of the Carriers and the organization most intimately acquainted with the complexities of individual situations.

In determining whether cabooses are to be eliminated, the following factors shall be considered:

a. Safety of employees

b. Operating safety, including train length

c. Effect on employees’ duties and responsibilities resulting from working without a caboose

d. Availability of safe, stationary and comfortable seating arrangements for all employees on the engine consist

e. Availability of adequate storage space in the engine consist for employees’ gear and work equipment

3. Conditions

Pursuant to the guidelines described in paragraph A.2. above, the following conditions shall be adhered to in an arbitration determination providing for operations without cabooses:

a. Where suitable lodging facilities for a crew are required and the caboose is presently used to provide such lodging, the Carrier shall continue to provide a caboose for that purpose until alternate suitable lodging facilities become available.

b. Except by agreement, cabooses will not be eliminated on certain mine runs, locals and road switchers where normal operations require crews to stand by waiting for cars or trains for extended periods of time and such crews cannot be provided reasonable access to the locomotive or other appropriate shelter during such extended periods.

c. Except by agreement, cabooses will not be eliminated from trains that regularly operate with more than 35 cars where the crews are normally required to provide rear-end flagging protection.

d. Crew members will not, as a result of the elimination of cabooses, be required to ride on the side or rear of cars except in normal switching or service movements or reverse movements that are not for extended distances.

e. Additional seating accommodations will not be required on trains having a locomotive consist with two or more cabs equipped with seats. Crews required to deadhead on the locomotive will be provided seating in accordance with Paragraph 2.d.

f. A Carrier may operate a train, run or assignment with a caboose if it so desires despite the fact that it may have the rights to operate such train without a caboose.

g. The conditions and considerations applicable to the elimination of cabooses by agreement of the parties pursuant to this Agreement in each class or type of service shall not be disregarded by the neutral in formulating his aware covering a similar class or type service.

4. Through Freight Service

a. There shall be a 25% limitation on the elimination of cabooses in through freight (including converted through freight) service, except by agreement. The 25% limitation shall be determined on the basis of the average monthly number of trains (conductor trips) operated in through freight service during the calendar year 1981. Trains on which cabooses are not presently required by local agreements or arrangements shall not be included in such count, shall not be counted in determining the 25% limitation, and any allowance paid under such agreements or arrangements shall not be affected by this Article. A Carrier’s proposal to eliminate cabooses may exceed the minimum number necessary to meet the 25% limitation. However, implementation of the arbitrator’s decision shall be limited to such 25% and shall be instituted on the basis established below. In the event a Carrier’s proposal is submitted to arbitration, it shall be revised, if necessary, so that such proposal does not exceed 50% of the average monthly number of trains (conductor trips) operated in through freight service during the calendar year 1981.

Effective October 31, 1985, the parties agree that in addition to a Carrier's rights under such provision and other provisions of Article X of the October 15, 1982 National Agreement, cabooses may be discontinued on unit-type trains (e.g., coal, grain, phosphate) and intermodal-type trains (e.g., piggyback, auto rack, double stack) operated in through freight (including converted through freight) service based on Guidelines and Conditions, Paragraph 2. and 3. of this Article.

b. In the selection of through freight trains from which cabooses are to be eliminated, a Carrier shall proceed on the basis of the following categories:

(1) trains that regularly operate with 35 cars or less;

(2) trains that regularly operate with 70 cars or less which are scheduled to make no stops to pick up and/or set out cars;

(3) trains that regularly operate with 70 cars or less which are scheduled to make no more than three stops en route to pick up and/or set out cars;

(4) trains that regularly operate with 120 cars or less which are scheduled to make no stops en route to pick up and/or set out cars;

(5) trains that regularly operate with 120 cars or less which are scheduled to make no more than three stops en route to pick up and/or set out cars;

(6) trains that regularly operate with more than 120 cars which are scheduled to make no stops en route to pick up and/or set out cars;

(7) all other through freight trains.

c. The implementation of the arbitrator’s decision shall be phased in on the following basis: the Carrier may immediately remove cabooses from one-third of the trains that may be operated without cabooses, another one-third may be removed thirty (30) days from the date of the arbitrator’s decision and the final one-third sixty (60) days from the date of the arbitrator’s decision.

5. Purchase and Maintenance of Cabooses

In addition to the foregoing, a Carrier shall not be required to purchase or place into service any new cabooses. A Carrier shall not be required to send cabooses in its existing fleet through existing major overhaul programs nor shall damaged cabooses be required to undergo major repairs. However, all cabooses that remain in use must be properly maintained and serviced.

6. Subsequent Notices

A Carrier cannot again seek to eliminate a caboose on a train, run or assignment where the request has been denied in arbitration unless there has been a change in conditions warranting such resubmission. Conversely, where a Carrier has eliminated a caboose on a train, run or assignment and the characteristics of that train, run or assignment are subsequently changed in a way that the General Chairperson(s) believes cause it to depart from the guidelines, he may propose restoration of the caboose and, if necessary, invoke binding arbitration.

7. Penalty

If a train or yard ground crew has been furnished a caboose in accordance with existing agreement or practice on a train or assignment prior to the date of this Agreement and such train or assignment is operated without a caboose other than in accordance with the provisions of this Article or other local agreement or practice, the members of the train or yard ground crew will be allowed two hours’ pay at the minimum basic rate of the assignment for which called in addition to all other earnings.

8. Restrictions

The foregoing provisions are not intended to impose restrictions with respect to the elimination of cabooses or in connection with operations conducted without cabooses where restrictions did not exist prior to October 30, 1982.

9. The following is the Award Section of Arbitration Board No. 419, Neutral Robert M. O'Brien, consistent with the provisions of Article X of the October 15, 1982 UTU National Agreement and subsequent Agreements. The Carrier may eliminate cabooses from trains or assignments, subject to the conditions set forth hereinafter.

a. Ground crew members will not be required to standby waiting for cars or trains for extended periods of time and such crew members cannot be provided reasonable access to appropriate shelter during such extended periods of time. The prudent rule of reason must apply to the term "extended periods of time". All circumstances must be governed by this rule of reason.

b. Crew members will not, as a result of the elimination of cabooses, be required to ride on side or rear of cars except in normal switching or service movements or reverse movements that are not for extended distances. The prudent rule of reason must determine what are "extended distances".

c. Each member of the ground crew shall have provided in the engine consist a safe, stationary and comfortable seat with arm rests on those added seats in single engine consists for the entire trip or tour of duty.

d. On locomotives handling a train on which there is no caboose, there shall be provided for the ground crew members adequate storage space.

e. Unless otherwise instructed, on multiple unit locomotives, the ground crew members may occupy seats in any one of the trailing units as long as the lead unit is occupied by two employees including the engineman.

f. Cabs of locomotives in which ground crew members ride shall be heated and ventilated, including a ceiling vent, to maintain a comfortable temperature throughout the year.

g. Cabs of locomotives shall be cleaned and supplied with individual portions of fresh sanitary drinking water, adequate space and refrigeration for water and lunches, paper towels, paper cups and towelettes. Such cleaning shall be performed by employees other than ground crew members except at outlying points where other employees are not assigned.

h. Additional seating accommodations will not be required on trains which operate without a caboose where the locomotive consist for such trains has two or more cabs equipped with seats for use by ground crew members.

i. Clean, odor-free, sanitary and operable toilet facilities will be provided in locomotives operating trains without cabooses.

j. Conductors of trains operating without a caboose shall be provided necessary forms and stationary and a hard writing surface upon which to write. The locomotive shall also be equipped with proper lighting. The Carrier will provide supplies.

k. Conductors/foremen and trainmen/yardmen may be required to affix and remove end-of-train or similar devices without restriction or penalty.

l. Ground crew members shall not be required to cross trestles or bridges not having walkways to inspect trains.

m. Transportation presently provided between on-off duty points and locomotives for head-end crew members shall likewise be provided for other ground crew members on trains operating without cabooses.

n. Ground crew members shall not be required to depart the terminal with locomotives not properly equipped, cleaned and supplied as set forth in this Award.

o. In accordance with Section 3(c) of Article X of the October 15, 1982 National Agreement, ground crew members will not be required to provide normal rear end flagging protection on trains that regularly operate with more than 35 cars.

p. Ground crew members riding cabs of trailing units of locomotives must act in a reasonably prudent manner, like other members of the crew, to observe anything that may impede the train's safety and operation.

B. RUN-THROUGH SERVICE

In run-through service, a caboose which meets the basic minimum standards of the railroad on which it originated will be considered as meeting the basic minimum standards of the other railroad or railroads on which it is operated.

C. DISPOSITION OF CABOOSES

On arrival at terminals where switch engines are on duty, cabooses will be detached and placed on caboose track as soon as possible. Cabooses will not be switched with at terminals, nor will trains be built on road cabooses. This will not, however, prevent switching from rear end with cabooses when necessary to switch after train is made up.

NOTE: This rule is not applicable at terminals where retarder hump yards are used nor applicable to cabooses that are pooled under agreements covering pooling of cabooses.

D. LOCOMOTIVE STANDARDS

In run-through service, a locomotive which meets the basic minimum standards of the home railroad or section of the home railroad may be operated on any part of the home railroad or any other railroad.

E. SUPPLIES

1. Train crews will be furnished ice where obtainable.

2. A supply of coal for use on cabooses will be placed as conveniently as practical for trainmen at their division home terminal.

NOTE: Where mutually agreeable between the Superintendent and Local Chairperson, the coal supply may be placed at other than the division home terminal.

3. Cabooses, when used, will be furnished with coal and other supplies, i.e., necessary stationery, equipment, ice, water, towelettes, etc. to the same extent as engines when cabooses are not used.

4. At the away-from-home terminal for employees whose cabooses are pooled and/or run through, lockers of either steel or wood construction, adequate in size to accommodate the normal wearing apparel and personal effects of the employees, will be provided.

5. Locker room and washing facilities, but not including shower bath facilities, will be provided by the Carrier at the home terminal for use of employees whose cabooses are pooled and/or run through. The lockers will be of either steel or wood construction and of adequate size to accommodate the normal wearing apparel and personal effects of the employees.

This page last updated: March 02, 2005