ARTICLE 15

YARD METHODS OF PAY

Eight hours or less shall constitute a day's work.

1. Regular Assigned Employees

a. Except when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off, or where exercising seniority rights from one assignment to another, all time worked in excess of eight hours continuous service in a 24-hour period shall be paid for as overtime, on the minute basis, at one and one-half times the hourly rate.

b. Actual time on the minute basis at overtime rates will be allowed for service performed by a yardman on a succeeding trick when a relief yardman of such succeeding trick fails to report at the fixed starting time. If the regular employee reports late and relieves the employee working through, the regular employee will be paid only for the actual time worked on the minute basis.

2. Extra Employees

a. Except as indicated below or when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off, or where exercising seniority rights, all time worked in excess of eight hours continuous service in a twenty-four hour period shall be paid for as overtime on a minute basis at one and one-half times the hourly rate.

In the application of this rule, the following shall govern:

(1) This rule applies only to service paid on an hourly or daily basis and not to service paid on mileage or road basis.

(2) A tour of duty in road service shall not be used to require payment of such overtime rate in yard service. (The term "road service", as used in this Paragraph 2. shall not apply to employees paid road rates, but governed by yard rules.)

(3) Where an extra employee commences work on a second shift in a twenty-four hour period he shall be paid at time and one-half for such second shift except when it is started twenty-two and one-half to twenty-four hours from the starting time of the first shift. A twenty-four hour period, as referred to in this rule, shall be considered as commencing for the individual employee at the time he started to work on the last shift on which his basic day was paid for at the pro rata rate.

(4) An extra employee changing to a regular assignment or a regularly assigned employee reverting to the extra list shall be paid at the pro rata rate for the first eight hours of work following such change.

(5) Except as modified by other provisions of this rule, an extra employee working one shift in one grade of service and a second shift in another grade of service shall be paid time and one-half for the second shift, the same as though both shifts were in the same grade of service, except where there is another employee available to perform the work at pro rata rate.

NOTE 1: The adoption of this rule shall not affect any existing rule relating to service performed on a succeeding trick when an employee's relief fails to report at the fixed starting time.

NOTE 2: An extra employee having worked a full tour of duty, who is called back in relief for a short tour and commences work more than twenty-two and one-half hours after starting time of his full tour, is entitled to pay only at pro rata rate for his short relief tour. An extra employee having worked at pro rata rate in relief for a short tour of duty, who commences work on another tour within twenty-two and one-half hours after he commenced work on his short relief tour, is entitled to pay at time and one-half rate for his second tour. In other words, the time the employee commences work on his short tour (not starting time for that shift) governs both types of cases.

3. General

a. Employees worked more than five straight time eight-hour shifts in yard service in a work week shall be paid one and one-half times the basic straight time rate for such excess work, except:

(1) When changing off where it is the practice to work alternatively days and nights for certain periods;

(2) When working through two shifts to change off;

(3) Where exercising seniority rights from one assignment to another;

(4) Where paid straight time rates under existing rules or practices for a second tour of duty in another grade or class of service;

(5) Where days off are being accumulated under Article 18, Paragraph 2.c.

In the event an additional day's pay at the straight time rate is paid to a yard service employee for other service performed or started during the course of his regular tour of duty, such additional day will not be utilized in computing the five straight time eight-hour shifts referred to in this Paragraph 3.a.

b. There shall be no overtime on overtime; neither shall overtime hours paid for, nor time paid for at straight time rate of work referred to in Paragraph 3.a., be utilized in computing the five straight time eight-hour shifts referred to in such Paragraph 3.a., nor shall time paid for, where required by schedule rules, in the nature of arbitraries or special allowances, such as attending court, inquests, investigations, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such hours, or where such time is now included under existing rules in computations leading to overtime. Existing rules or practices regarding the basis of payment of arbitraries or special allowances such as attending court, inquests, investigations, etc., also for calls, basic day, starting time (except as otherwise provided in Article 18, Paragraph 3.) and similar rules are not affected by the provisions of this Article.

c. Any tour of duty in road service shall not be considered in any way in connection with the application of the provisions of this Article, nor shall service under two Agreements be combined in any manner in the application of this Article.

C. ARBITRARIES AND SPECIAL ALLOWANCES

1. Arbitraries and Special Allowances

Where it has been the practice or rule to pay a yard crew, or any member thereof, arbitraries or special allowances, or to allow another minimum day for extra or additional service performed during the course of or continuous after end of the regularly assigned hours, such practice or rule is hereby eliminated, except where such allowances are for individual service not properly within the scope of yard service, or as provided in C.2. below.

2. Service Outside Switching Limits

Where regularly assigned to perform service within switching limits (except as amended by Article 23.D.), yard crews shall not be used in road service when road crews are available, except in case of emergency. When yard crews are used in road service under conditions just referred to, they shall be paid miles or hours, whichever is the greater, with a minimum of one hour, for the class of service performed, in addition to the regular yard pay and without any deduction therefrom for the time consumed in said service.

NOTE 1: A road crew is available when rest is up and is subject to call.

NOTE 2: The above payments are limited to employees whose seniority date precedes October 31, 1985 and is not subject to general or other wage increases.

D. FOREMEN AT BROSNAN YARD RELEASING RETARDERS

If a yard foreman at Macon, Georgia is required to release automatic or static car retarders installed as a safety feature on pullback tracks at Brosnan Yard as an incidental part of his duties, through the use of remote controls such as, but not limited to, panel buttons or levers, he shall not be entitled to pay at the established rate for car retarder operators nor to an additional day's pay for performing such incidental service. A yard foreman who is required to so release these car retarders as an incidental part of his regular duties will receive the established rate of pay for hump foreman.

E. INCREASE IN HUMP FOREMEN RATE IN CAR RETARDER YARDS AND OPERATION OF RETARDER CONTROLS

1. The daily rate of pay for hump foremen employed in Carrier's car retarder yards at Knoxville and Atlanta, in effect on June 15, 1971, shall be increased in the amount of $1.00, effective June 16, 1971.

2. Effective June 16, 1971, the daily rate of pay for hump foremen employed in Carrier's other car retarder yards shall be increased to produce the same daily rate of pay as in effect for hump foremen at Knoxville and Atlanta on June 16, 1971.

3. The increases provided herein establish the hump foreman's pay as the same amount paid to car retarder operators prior to the date of this Article plus one dollar ($1.00) per day. No claim shall be made for an employee for payment at the new car retarder operator rate unless the employee involved is assigned to the full time operation of retarder controls for the entire yard to which he is assigned.)

4. Paragraph 3. above notwithstanding, when a hump conductor in the absence of a CRO is responsible for the operation of retarder controls for the entire yard, he shall be paid the car retarder operator's rate.

NOTE: In consideration of the Agreement executed January 15, 1981, covering the increase in rate of pay of hump foreman, the Organization withdrew its objections (identified by Mr. R. E. Loomis' letter of July 28, 1980) to the planned changes at Brosnan Yard as a result of process control humping and agreed that any claims based on said objections would not be entertained nor allowed.

F. COUPLING AND UNCOUPLING AIR, STEAM OR SIGNAL HOSE

1. a. Except as provided in Paragraphs 2. and 3. below, when a member(s) of a yard ground crew is required by specific instructions from proper authority (Assistant Yardmaster or above) to couple or uncouple air, steam or signal hose, each member of such yard ground crew will be paid an arbitrary allowance of ninety-five cents ($.95), regardless of which member(s) of such yard ground crew performs the work. This arbitrary allowance will be paid only once in the course of a tour of duty, even though such work is performed more than once, and the payment of ninety-five cents ($.95) arbitrary allowance will constitute full compensation for all such work performed during the tour of duty.

b. Applicable to former K&IT Yardmen

Yard foremen and yard helpers will be allowed an arbitrary payment (commonly referred to as air hose arbitrary) in the manner set forth therein, in addition to all other compensation for each tour of duty worked, or entitled to have worked, or while on vacation. The arbitrary payment shall be as follows:

Yard Foremen $2.56

Yard Helpers $2.68

2. The arbitrary allowance provided in Paragraph 1. hereof will not apply to nor will additional compensation be allowed yardmen when required to couple and/or uncouple air, steam or signal hose:

a. In switching passenger trains at stations

b. Between engine and first car or engine and caboose/EOT

c. Between last car and caboose/EOT

d. In case of cuts or trains parting

e. In case of defective hose

f. In handling backup hose

g. Where cuts are made at crossings

h. Where double is made from one track to another

i. To pick up cars (other than coupling the hose between two or more cars picked up at one time from the same track)

j. To set out cars from yard or transfer cuts (including bad orders)

3. The arbitrary allowance provided in Paragraph 1. hereof will not apply in any instance in which air hose can be uncoupled without damage to equipment by simply "pulling the pin".

4. Nothing in this Article shall be construed as intending that only yardmen may be used to couple or uncouple air hoses.

G. ASSIGNMENT TO OTHER DUTIES

Yardmen assigned to other than their regular duties will not be paid less than their regular rates, but when assigned to a position where a higher rate applies will receive the higher rate.

H. WORKING ON TWO POSITIONS

When an employee works on two positions in an emergency, such as yard helper and yard foreman, it is agreed in such instances that, if a yard helper is also used as a yard foreman on the same assignment, he will be paid for the entire tour of duty at yard foreman's rate.

If a yard helper is also used as a yard foreman on an assignment other than his own, he will be paid not less than a minimum day for each position on which service is performed.

This page last updated: March 02, 2005