ARTICLE 23

ROAD-YARD MOVEMENTS

A. SWITCHING

1. Employees in road freight service will not be called upon to make up or put away their trains, or do switching at initial or final terminals, where switch engines are on duty, except to the extent specified in this Article.

2. At initial terminal, coupling train together to close cuts in train occasioned by the necessity for protecting road crossings or switching out bad order cars from their own train regardless of when discovered or setting head end over when train is on two tracks, shall not be deemed to be making up train or switching within the meaning of Paragraph A.

3. At final terminal, doubling over where one track will not hold the train (the second track may be used) or cutting the train for road crossings will not be deemed to be putting away train or switching within the meaning of this Paragraph A.

4. Road crews may perform the following work in connection with their own trains without additional compensation and without penalty payment to yard crews, hostlers, etc.:

a. Get or leave their train at any location within the initial and final terminals and handle their own switches. When a crew is required to report for duty or is relieved from duty at a point other than the on and off duty point fixed for that assignment and such point is not within reasonable walking distance of the on and off duty point, transportation will be provided.

b. Make up to three (3) additional moves at the (a) initial terminal, (b) intermediate point and (c) final terminal; and in connection therewith spot, pull, couple or uncouple cars set out or picked up by them and reset any cars disturbed. Each of the moves, those previously allowed plus the new ones, may be any one of those prescribed by Presidential Emergency Board 219: pick-ups, set-outs, getting or leaving the train on multiple tracks, interchanging with foreign railroads, transferring cars within a switching limit, and spotting and pulling cars at industries.

NOTE: Article 4.b. permits the cutting of crossings, cross-walks, etc., the spotting of cars set-out, and the re-spotting of cars that may be moved off spot in the making of the setouts or pickups.

c. In connection with pick-ups and/or set-outs within switching limits at intermediate points where yard crews are on duty, spot, pull, couple or uncouple cars set out or picked up by them and reset any cars disturbed in connection therewith.

d. Handle engines to and from train to ready track and engine house, including all units coupled to the operating unit(s) and exchange engine(s) of their own train.

e. At locations outside of switching limits there shall be no restrictions on holding onto cars in making set-outs or pick-ups, including coupling or shoving cars disturbed in making set-outs or pick-ups.

NOTE: In case of emergency, as hereinafter defined, the provisions of this Paragraph A shall not prevent road crews from performing service other than as specified above. For purposes of this Paragraph A. an emergency is defined as wrecks, washouts, fires, floods or other similar occurrences, either in yard or on road, which necessitates the performance of switching service. In the event of the performance of switching in emergency as herein described, road employees shall be compensated therefor in accordance with payment provided for in Paragraph 5. below. If used in other than an emergency, when switch engines are on duty, conductors will be paid not less than four hours of pro rata yard rate separate and apart from all other earnings.

5. a. Except to the extent provided for in Paragraphs A.2., 3. and 4. of this Article 23, employees in through freight service performing switching at their initial or final terminals where switch engines are not on duty, shall be paid separately therefor on a minute basis with a minimum of one hour at pro rata rates, provided, however, if road overtime accrues, computed from time required to report for duty until final relief, and this overtime at time and one-half is greater than the payment due for the initial and final terminal switching at pro rata rates, the road overtime will be paid and the terminal switching payments eliminated. In no case will both the arbitrary payment for switching and road overtime be made.

b. In calculating the time engaged in switching, it is understood:

For trainmen, time will be continuous from the time the work is begun until it is completed and train is coupled together.

For conductors, at initial terminal will be computed continuously from the time reporting for duty until the switching is completed and the train coupled together; when so coupled, road time will commence.

NOTE: If paid road overtime under section 5.a. above, the switching allowance is not applicable.

At final terminal, switching time will be computed from time train arrives as indicated on train register until all switching is completed and the crew is finally released.

NOTE: Payments under the above shall be made as follows:

1st - Compute final delay under final delay rule of the schedule.

2nd - Compute time to be paid for switching at such final terminal.

3rd - Pay whichever is greater; the intention being that there shall be no payment for both, but one payment which shall be the larger.

Past practices as to switching service performed by pushers, road switchers or mine runs shall be continued.

NOTE: Where applicable, switching allowances payable to road crews, in accordance with Paragraph 5. and Paragraph 7., apply to employees whose seniority date in a craft covered by this Article precedes October 31, 1985 and such allowances are not subject to general or other wage increases.

c. If used in other than emergency as defined above, when switch engines are on duty, conductors will be paid not less than a minimum of four hours at pro rata yard rate, separate and apart from all other earnings.

d. Local freight conductors whose initial or final terminal is a division home terminal as listed below, where switch engines are not on duty will be paid as provided in paragraphs 5.a. & b. above for switching.

Division home terminals referred to in this paragraph are as follows:

6. Local freight, mine run, helper and road switcher crews running in and out of terminals, except as provided in Paragraph 5.d. above, where switch engines are not employed, will not be paid for work performed at such terminals unless it accrues under the road miles per hour basis.

7. Applicable to GS&F Conductors & Trainmen, CNO&TP and AGS Trainmen:

a. If train crews are called upon to perform switching, in addition to that permitted in Paragraphs 2., 3., and 4. above, at their initial or final terminals where switch engines are working, they will be paid at pro rata rates with a minimum of one hour. Less than 30 minutes will not be counted. Thirty-one through eighty-nine minutes will be paid one hour. Ninety through one hundred forty-nine minutes will be paid two hours, etc.

If road overtime accrues, computed from time required to report for duty until final relief, and this overtime at time and one-half rates is greater than the payment due for the initial or final terminal switching at pro rata rates, the road overtime will be paid and the terminal switching payments eliminated. In no case will payment for both the arbitraries and road overtime be made.

It will be understood however that the term "switching" does not include the setting out nor the taking on of cars at terminals in case of emergency.

b. Local freight crews running in or out of terminal where switch engines are not employed will not be paid for work performed at such terminals unless it accrues under the road miles per hour basis.

c. In calculating the time engaged in switching it is understood that the time will be continuous from the time the work is begun until it is completed and train is coupled together.

B. THROUGH FREIGHT CREWS SWITCHING ON LINE OF ROAD

1. Conductors or trainmen will qualify for local freight rate if required to perform the following on line of road:

a. Switching on line of road which is not incident to or a part of their train movement. Picking up and setting off cars shall be considered part of their train movement.

b. If, in setting out cars, they are required to place cars at a certain point on a designated track for loading or unloading. This does not apply to branch, specified and anomalous runs named as "excepted runs" in Article 14.

NOTE: At intermediate points road crews may be required to take engines to the shop and exchange engines, as part of their regular duties without additional compensation.

c. Through freight trains will be classified before leaving terminal to the extent of placing short haul cars on the head end; in so placing cars for short haul points, they shall be placed together. If through freight employees are instructed to set cars out short of original destination, they will, if more than two set-outs of such cars are made from their train, be paid local freight rates. This shall not apply to cars containing perishables which are diverted by shipper's order.

NOTE: The specification that cars for short haul points shall be placed together means that when leaving the initial terminal short haul cars for each destination shall be together and all short haul cars shall be placed on the head end of train; it does not, however, require that such short haul cars need be in station order. Initial terminal as used herein means within yard limit boards governing the yard from which the train leaves.

d. If required to pick up cars (except perishables) between terminals which are not destined to or beyond the final terminal of the assignment. It is understood that this paragraph does not, nor is it intended, to apply to any class of freight cars going to or beyond the final terminal of the assignment.

e. If required to pick up cars at intermediate points and handle into their final terminal for back-haul movement in the reverse direction.

NOTE: The use of the words "pick up", as used in this Paragraph B. shall not be construed to mean that short haul cars may be placed in a through freight train at intermediate points by switch engine, thereby defeating the claim for local freight rate.

2. Turnaround through freight crews may, without payment of local freight rate, be required to:

a. Set out at intermediate points between the starting terminal and turning point cars handled out of the starting terminal;

b. Pick up at intermediate points between the starting terminal and turning point cars destined to or beyond the turning point of the run;

c. Set out at intermediate points on return leg of trip cars loaded with perishables picked up at the turning point;

d. Pick up at intermediate points on return leg of trip any cars destined to or beyond the final terminal of the run.

C. INCIDENTAL WORK

1. Road and yard employees in ground service and qualified engine service employees may perform the following items of work in connection with their own assignments without additional compensation:

a. Handle switches

b. Move, turn and spot locomotives and cabooses

c. Supply locomotives and cabooses, except for heavy equipment and supplies generally placed on locomotives and cabooses by employees of other crafts

d. Inspect cars

e. Start or shutdown locomotives

f. Bleed cars to be handled

g. Perform walking and rear-end air tests

h. Prepare reports while under pay

i. Use communication devices; copy and handle train orders, clearances and/or other messages

j. Any duties formerly performed by firemen

2. Road and yard employees in engine service and qualified ground service employees may perform the following items of work in connection with their own assignments without additional compensation:

a. Handle switches

b. Move, turn, spot and fuel locomotives

c. Supply locomotives except for heavy equipment and supplies generally placed on locomotives by employees of other crafts

d. Inspect locomotives

e. Start or shutdown locomotives

f. Perform head-end air tests

g. Prepare reports while under pay

h. Use communication devices; copy and handle train orders, clearances and/or other messages.

i. Any duties formerly performed by firemen.

NOTE: These provisions concerning Incidental Work are intended to remove any existing restrictions upon the use of employees represented by the UTU to perform the described categories of work and to remove any existing requirements that such employees, if used to perform the work, be paid an arbitrary or penalty amount over and above the normal compensation for their assignment. Such provisions are not intended to infringe on the work rights of another craft as established on any railroad.

D. COMBINATION ROAD-YARD SERVICE ZONES - Yard Crews

Yard crews may perform the following work outside of switching limits without additional compensation except as provided below:

1. Bring in disabled train or trains whose crews have tied up under the Hours of Service law from locations up to 25 miles outside of switching limits.

2. Complete the work that would normally be handled by the crews of trains that have been disabled or tied up under the Hours of Service Law and are being brought into the terminal by those yard crews. This Paragraph does not apply to work train or wrecking service.

NOTE: For performing the service provided in 1. and 2. above, yard crews shall be paid miles or hours, whichever is greater, with a minimum of one (1) hour for the class of service performed for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction therefrom for the time consumed outside of switching limits. Such payments are limited to employees whose seniority date in a craft covered by this Article precedes October 31, 1985 and is not subject to general or other wage increases.

3. Perform service to customers up to 20 miles outside switching limits provided such service does not result in the elimination of a road crew or crews in the territory. The use of a yard crew in accordance with this paragraph will not be construed as giving yard crews exclusive rights to such work. This paragraph does not contemplate the use of yard crews to perform work train or wrecking service outside switching limits.

4. Nothing in this Article will serve to prevent or affect in any way a Carrier's right to extend switching limits in accordance with applicable agreements. However, the distances prescribed in this Article shall continue to be measured from switching limits as they existed as of August 25, 1978, except by mutual agreement.

5. Yard crews may perform hostling work without additional payment or penalty.

6. Time consumed by yard crews in Road-Yard-Zones established under this Article will not be subject to equalization as between road and yard service crews and/or employees.

E. COMBINATION ROAD YARD - (June 25, 1964 National Agreement)

1. The last yard crew assignment in a yard, or on a shift where more than one yard assignment is employed, may be discontinued. (Yard as used herein is defined to mean a common terminal point where a seniority roster for yardmen is maintained.)

2. Road crews may perform any yard service at yards where yard crews are not employed.

3. Road crews may continue to perform any yard service now permitted, without additional payments, if such payments are not now required. See Paragraph A.5. of this Article 23 for payment to trainmen (who establish seniority prior to October 31, 1985) in through freight service performing switching at the initial or final terminal where switch engines are not on duty.

4. At points where a yard crew or yard crews are employed, the starting time of the first yard crew assignment shall begin a twelve-hour period (herein called the first twelve-hour period) within which road crews may not perform yard service not permitted on the day immediately preceding the effective date of this agreement. Road crews may be required to perform any yard service during a second twelve-hour period beginning at the expiration of the first twelve-hour period, provided yard crew assignments are not assigned to start or terminate during such second twelve-hour period.

5. Initial and final terminal delay rules shall not be disturbed by this agreement except that when road crews perform yard service for which they are compensated under the provisions of Paragraph 3. hereof during a period to which initial terminal delay or final terminal delay rules are otherwise applicable, such road crews will be paid either terminal delay or switching, whichever will produce the greater amount of compensation.

6. Every employee deprived of employment as the immediate and proximate application of this rule, shall be entitled to the schedule of allowances set forth in Section 7(a) of the Washington Agreement of May 21, 1936; or to the option of choosing the lump-sum separation allowance set forth in Section 9 of said Agreement. In addition to the foregoing, employees who do not elect to accept the lump-sum separation allowance set forth in Section 9 of said Agreement, if qualified, may elect within one year from the date of their furlough to prepare themselves for some other occupation for which training is available (of the type approved by the Veterans Administration under the Veterans' Readjustment Assistance Act of 1952), with the Carrier paying 75 percent of the tuition costs of such training for a period not exceeding two years. Whenever and to the extent that the United States Government makes provisions for retraining out of public funds, the obligation of the Carrier shall be reduced correspondingly. Those employees who elect to accept the lump-sum separation allowance set forth in Section 9 of the Washington Agreement of May 21, 1936 will not be entitled to retraining benefits.

F. ENHANCED CUSTOMER SERVICE

Article VIII - Special Relief, Customer Service - Yard Crews of the UTU Implementing Document of November 1, 1991, Document A, is amended to read as follows and furthermore shall be applicable to all Carriers party to this Agreement:

1. a. When an individual Carrier has a customer request for particularized handling that would provide more efficient service, or can show a need for relaxation of certain specific work rules to attract or retain a customer, such service may be instituted on an experimental basis for a six-month period.

b. Prior to implementing such service, the Carrier will extend seven (7) days' advance notice where practicable but in no event less than forty-eight (48) hours' advance notice to the General Chairperson of the employees involved. Such notice will include an explanation of the need to provide the service, a description of the service, and a description of the work rules that may require relaxation for implementation. Relaxation of work rules that may be required under this Paragraph G. shall be limited to: starting time, yard limits, calling rules, on/off duty points, seniority boundaries, and class of service restrictions.

c. A Joint Committee, comprised of an equal number o Carrier representatives and Organization representatives, shall determine whether a need exists, as provided in Paragraph 1.a. above, to provide the service. If the Joint Committee has not made its determination by the end of the advance notice period referenced in Paragraph 1.b. above, it shall be deemed to be deadlocked, and the service will be allowed on an experimental bases for a six-month period. If, after the six-months has expired, the Organization members of the Joint Committee continue to object, the matter shall be referred to arbitration.

d. If the parties are unable to agree upon an arbitrator within seven days of the date of the request for arbitration, either party may request the National Mediation Board to provide a list of five potential arbitrators, from which the parties shall choose the arbitrator through alternate striking. The order of such striking shall be determined by coin flip unless otherwise agreed by the parties. The fees and expenses of the arbitrator shall be borne equally by the parties.

e. The determination of the arbitrator shall be limited to whether the Carrier has shown a bona fide need to provide the service requested or can provide the service without a special exception to existing work rules being made at a comparable cost to the Carrier. If the arbitrator determines that this standard has not been met, the arbitrator shall have the discretion to award compensation for all wages and benefits lost by an employee as a result of the Carrier's implementation of its proposal.

2. This Paragraph F. is not intended to restrict any of the existing rights of a Carrier.

G. INTERCHANGE

1. a. At points where yard crews are employed, road freight crews may be required to receive their over-the-road trains from a connecting Carrier or deliver their over-the-road trains to a connecting Carrier provided such trains are solid trains, except as provided in b. below, which move from one Carrier to another intact with or without motive power and/or caboose.

b. The crew of an over-the-road solid run-through train may performed one move as prescribed in the second sentence of Paragraph A.4.b. of this Article 23, in addition to delivering and/or receiving their train in interchange.

2. If road crews referred to in Paragraph 1. above are not required to return or deliver their motive power and/or their cabooses to or from their on or off duty points an alternate means of transportation will be provided.

3. At designated interchange points if a Carrier does not now have the right to specify additional interchange tracks it may specify such additional track or tracks as the Carrier deems necessary provided such additional track or tracks are in close proximity. Bulletins specifying additional tracks will be furnished the General Chairperson(s) involved prior to the effective date.

4. If the number of cars being delivered to or received from interchange tracks of a connecting Carrier exceeds the capacity of the first track used, it will not be necessary that any one interchange track be filled to capacity before use is made of an additional track or tracks provided, however the minimum number of tracks necessary to hold the interchange will be used.

5. Crews used in interchange service may be required to handle interchange to and from a foreign Carrier without being required to run "light" in either direction.

Work equities between Carriers previously established by agreement, decision or practice will be maintained with the understanding that such equity arrangements will not prevent Carriers from requiring crews to handle cars in both directions when making interchange movements. Where Carriers not now using yard and transfer crews to transfer cars in both directions desire to do so, they may commence such service and notify the General Committees of the railroad involved thereof to provide an opportunity to the General Committees to resolve any work equities between the employees of the Carriers involved. Resolution of work equities shall not interfere with the operations of the Carriers or create additional expense to the Carriers. It is agreed, however, that the Carriers will cooperate in providing the committees involved with data and other information that will assist in resolution of work equities.

6. The provisions of this Article are not intended to impose restrictions with respect to interchange operation where restrictions did not exist previously.

H. PROTECTION

1. Employees adversely affected by the provisions of Paragraphs A.4.b. and G.1.b. of this Article 23 shall receive the protection afforded by Article I (except Section 4) of the New York Dock Protective Conditions (Appendix III, F.D. 28250).

2. Where employees of terminal companies are affected by the additional relief granted Carriers by the provisions of Paragraphs A.4.b. and G.1.b. of this Article 23, rosters shall be topped and bottomed on the appropriate roster of each owning line, maintaining prior rights. The Carrier and employee representatives shall agree upon a method to top and bottom rosters, as provided above, to protect the seniority interests of affected terminal company employees.

I. Nothing in this Article is intended to restrict any of the existing rights of the Carrier.

QUESTIONS AND ANSWERS

(Applicable to Paragraph A. - Switching)

Question #1: A road freight crew may be required to "pick-up and/or set out at each intermediate point between terminals" without additional compensation. Are we to understand that this modifies existing conversion rules, i.e., stops made at points where yard crews are employed to pick up and/or set out will no longer be counted in the application of these rules?

Answer: No. Switching allowances, arbitraries and/or penalty payments formerly allowed for this service are the types of "additional compensation" which are eliminated; however, existing conversion rules are not modified or set aside by the provisions in question.

Question #2: Does the "additional compensation" referred to in this Article 23 affect initial and final terminal delay and conversion rules?

Answer: No.

QUESTIONS AND ANSWERS

(Applicable to Paragraph E. - Combination Road Yard)

Question: How will the 1964 Agreement provisions be applied?

Answer: They will be applied as if the agreement was signed in 1964 consistent with the application on the Norfolk Southern excluding Central of Georgia.

QUESTIONS AND ANSWERS

(Applicable to Paragraph F. - Enhanced Customer Service)

Question #1: What is the intent of the parties with respect to the provision in Paragraph F.1.b. which states "..., the Carrier will extend seven (7) days advance notice where practicable but in no event less than forty-eight (48) hours advance notice..."?

Answer: The intent was for the Carriers to routinely give as much advance notice as possible to the involved UTU General Chairperson(s) prior to implementation of the proposed service under Paragraph F.1.a.

Question #2: Should the Carrier notify the General Chairperson(s) in writing when and where it intends to establish such service and identify the involved customer?

Answer: Yes, and such notification should include the specific rule(s) where relief or relaxation is requested.

Question #3: What will prevent the Carrier from routinely furnishing the minimum notice under the rule, i.e., 48 hours, prior to implementing the desired service?

Answer: The intent was for the Carriers to routinely give as much advance notice as possible to the involved UTU General Chairperson(s) prior to implementation of the proposed service under Paragraph F.1.a.

Question #4: Is it the intent of the parties that the Joint Committee referred to in Paragraph F.1.c. will be established and meet at the location where the proposed service is to be implemented?

Answer: The Committee will confer by whatever means are appropriate and practical to the circumstances, including telephonically.

Question #5: Can the Carrier require a yard crew from one seniority district to meet the service requirements of a customer if such customer is located in road territory in another seniority district on that Carrier within the combination road-yard service zone?

Answer: The Carrier's rights under this Paragraph F. are limited to certain identified rules under defined circumstances, provided that the Carrier has complied with all applicable requirements set forth therein. Any Carrier proposal under this Paragraph which, in the opinion of the UTU President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the UTU President and the NCCC Chairperson.

Question #6: Does this rule permit the use of road crews to perform customer service within switching limits?

Answer: The Carrier's rights under this Paragraph F. are limited to certain identified rules under defined circumstances, provided that the Carrier has complied with all applicable requirements set forth therein. Any Carrier proposal under this Paragraph which, in the opinion of the UTU President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the UTU President and the NCCC Chairperson.

Question #7: Can the Carrier be considered a customer in the application of this rule?

Answer: The word "customer", as used in Paragraph F.1.a., was not meant to apply to the Carrier.

Question #8: Is there any limitation as to the number of miles a yard crew may be required to travel in road territory in order to provide the customer service contemplated by this rule?

Answer: Yes. Yard crews are limited to the minimum number of miles necessary to accomplish the service consistent with the spirit and intent of the parties.

Question #9: Where customer service can be accomplished by a road crew, is the Carrier within the intent of the rule to establish the use of a yard crew to perform this work?

Answer: The Carrier's use of yard crews must meet the requirements of the rule.

Question #10: Does this Paragraph F. supersede the Road/Yard Service zone established under Article VIII; Section 2(c) of the October 31, 1985 National Agreement or the agreed upon interpretations pertaining thereto?

Answer: No, this Paragraph F. amends Article VIII - Special Relief, Customer Service - Yard Crews of the UTU Implementing Document of November 1, 1991, Document A.

Question #11: Does this Paragraph F. contemplate the use of yard crews from one seniority district or Carrier to perform service for a customer which is located on the line of another Carrier?

Answer: It is not the intent of the rule to permit yard crews from one Carrier to substitute for yard crews of another unrelated Carrier.

Question #12: Are any employee protective provisions applicable to employees adversely affected by the institution of service under Paragraph F.?

Answer: As set forth in Paragraph F.1.e.

Question #13: Does Paragraph F. contemplate the establishment of split-shifts in yard service?

Answer: No.

Question #14: Paragraph F.1.e. requires that the Carrier show a "bonafide" need for the rule relief requested or that it cannot provide the service at a "Comparable Cost" under the existing rules. Will the Carrier's burden of proof in this regard be met simply by showing that the customer service can be accomplished at a reduced cost?

Answer: No, a Carrier will also have to demonstrate compliance with Paragraph F.1.a.

Question #15: If a yard crew is providing particularized service to a customer under this rule, may the Carrier properly require the yard crew to provide service to other industries located in the area or along the line?

Answer: The Carrier's rights under this Paragraph F. are limited to certain identified rules under defined circumstances, provided that the Carrier has complied with all applicable requirements set forth therein. Any Carrier proposal under this Paragraph which, in the opinion of the UTU President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the UTU President and the NCCC Chairperson.

Question #16: May the Carrier use a road crew to provide service to a customer within the switching limits of a terminal?

Answer: The Carrier's rights under this Paragraph F. are limited to certain identified rules under defined circumstances, provided that the Carrier has complied with all applicable requirements set forth therein. Any Carrier proposal under this Paragraph which, in the opinion of the UTU President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the UTU President and the NCCC Chairperson.

Question #17: Will a yard crew used in accordance with this Paragraph F. have its work confined solely to meet the specific service requirements:

Answer: The Carrier's rights under this Paragraph F. are limited to certain identified rules under defined circumstances, provided that the Carrier has complied with all applicable requirements set forth therein. Any Carrier proposal under this Paragraph which, in the opinion of the UTU President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the UTU President and the NCCC Chairperson.

Question #18: Can employees of a Carrier who may be restricted by physical disabilities or for disciplinary reasons from performing road service on that Carrier be used to perform such service under this Paragraph F.?

Answer: No.

Question #19: If a Carrier fails to comply with the provisions of Paragraph F., what remedy is available to employees adversely affected by the Carrier's implementation of its proposal?

Answer: The arbitrator is authorized to fashion a remedy appropriate to the circumstances under Paragraph F.1.e.

QUESTIONS AND ANSWERS

(Applicable to Paragraph G. - Interchange)

Question #1: Does the agreement permit the UTU members of a crew to "runaround" a train delivered to another Carrier and remove its caboose to handle back to the crew’s tie-up point?

Answer: Yes, when a road crew is required to deliver a solid train to a connecting Carrier, the Carrier can require the road crew to remove its caboose and return to its tie-up point.

Question #2: Is it permissible to require a crew to double with more cars than necessary for the explicit purpose of getting all cars with a common destination in one track when the initial track will not accommodate the entire interchange cut?

Answer: Yes, provided that the number of cars being interchanged exceeds the capacity of the first track used. This Article provides that when the number of cars being interchanged exceeds the capacity of the first track used it is not necessary that any one interchange track be filled to capacity. However, the Article also stipulates that the minimum number of tracks necessary to hold the interchange will be used and if the number of cars being interchanged does not exceed the capacity of the first track used, you would be restricted to that track.

Question #3: Under the "minimum number of tracks" concept is it permissible to double excess cars from a track which would have accommodated the entire cut to a track which won’t accommodate the entire cut?

Answer: No.

Question #4: On a day when Carrier "A" has no interchange cars from Carrier "B"; but nevertheless has a "pull-back" arrangement with Carrier "B", may the Carrier "A" crew be required to go "light" to Carrier "B" in order to pull-back cars from Carrier "A"?

Answer: Yes. The Article does not preclude a Carrier from requiring an interchange crew to run light in the situation described.

Question #5: Does the term "connecting Carrier" include switching or terminal companies?

Answer: Yes.

Question #6: Does this Article contemplate that road crews engaged in solid train movements will have their on and off duty points changed by reason of such movements?

Answer: No. Existing rules or practices concerning the designation of on and off duty points are not changed.

Question #7: Does this Article contemplate the elimination of modification of initial and final terminal delay rules?

Answer: No.

Question #8: May road crews be required to go beyond the point where yard crews effect interchange with a connecting Carrier?

Answer: Such movements must be confined to tracks on which the Carrier has the right to operate with road, yard or transfer crews.

Question #9: Where prior to the January 27, 1972 Agreement a Carrier yarded their trains in the yard of a terminal company and the terminal company performed all necessary yard service including interchange with connecting Carriers, does this Article now permit such Carrier to operate through the terminal company’s yard and effect the interchange of a solid over-the-road train to a connecting Carrier with its own road crews?

Answer: Yes, assuming a Carrier has trackage rights through a terminal company yard to an interchange point of a connecting Carrier.

Question #10: May a road crew making a delivery of a solid-over-the-road train to a connecting Carrier be required to return cars from the connecting Carrier to their own yard?

Answer: Yes.

Question #11: What do the words "close proximity" mean as used in Paragraph G.3.

Answer: As being next to or very near the existing interchange track or tracks.

Question #12: Paragraph G.5. reads - "Crews used in interchange service may be required to handle interchange to and from a foreign Carrier without being required to run 'light' in either direction." Does this mean yard, belt line and/or transfer crews?

Answer: Yes.

Question #13: Does the language "over-the-road" and "solid trains" mean that trains must consist of cars all destined for a connecting Carrier and operated by the delivering Carrier from terminal to terminal intact in order to permit its delivery to a connecting Carrier?

Answer: No. The Carrier’s right to make normal pick-ups and set-outs at intermediate points is not affected by Paragraph G.1. The language "over-the-road" and "solid trains" means an over-the-road train must be a "solid train" in the movement(s) performed by the road crew within the terminal where its receipt from or delivery to a connecting Carrier is effected. However, the crew of the "over-the-road" train may perform one move in accordance with Paragraph G.1.b. A Carrier may not bring an otherwise unqualified train within the application of Paragraph G.1. by making a set-out or set-outs for that sole purpose immediately prior to entering such terminal.

This page last updated: March 02, 2005