ARTICLE 26

COMMUNICATION SYSTEMS

A. USE OF COMMUNICATION SYSTEMS

1. It is recognized that the use of communication systems including the use of and the carrying of portable radios, pursuant to operating rules of the individual Carriers, is a part of the duties of employees covered by this Article. Existing rules to the contrary are hereby eliminated.

2. On Carriers where rules existed which provided for the payment of arbitraries to employees for the carrying and/or use of radio equipment, such arbitraries were eliminated effective January 1, 1973.

3. Portable radios hereafter purchased for the use of and carried by ground service employees in yard and transfer service will not exceed three pounds in weight and will be equipped with a suitable holder which will firmly hold the radio close to the body, or will be of such size as to permit being placed in coat or trouser pockets. Portable radios used by ground service employees in yard and transfer service which do not meet the foregoing specifications will be replaced by December 31, 1973 or their use discontinued.

4. The size and weight of portable radios used by ground service employees in road service will not exceed that presently in use and portable radios hereafter purchased for use in this class of service will be of the minimum size and weight necessary to insure safe and adequate communication. This is not intended to require the purchase of radios weighing less than three pounds.

5. Employees will not be held responsible for accidents caused by failure or radio equipment to properly function.

B. Operable portable radios will be furnished each member of a reduced crew consisting of one conductor/foreman; or, one conductor/ foreman and a trainman/ yardman for their use while on duty. Such radios will not exceed three pounds in weight and will be equipped with a suitable holder which will firmly hold the radio close to the body or will be of such size as to permit being placed in coat or trouser pocket. Employees will not be held responsible for accidents caused by failure of radio equipment to properly function.

NOTE: Should a problem develop concerning maintenance of radios, the Local Chairperson and Superintendent will meet promptly, if requested, to determine what action will be taken to alleviate the complaint.

C. Sufficient frequency channels will be utilized to provide safe communication.

D. Except in an emergency, yard crews consisting of foreman only or a foreman and one yardman will not be required to start switching or perform transfer service without operable portable radios (and, in addition, an operable radio on the engine), nor will they be censured or disciplined in any manner for refusing to do so.

E. Except in an emergency, crews consisting of conductor only or conductor and one trainman in road service will not be required to perform switching or depart a terminal with a train not having a fixed operable radio on head end of train in addition to operable portable radios, nor will they be censured or disciplined in any manner for refusing to do so.

QUESTIONS AND ANSWERS

(Applicable to Paragraph A.)

Question #1: An Agreement prohibited train crews from being required to call the train dispatcher on the radio-telephone in connection with train movements. Is this restriction eliminated?

Answer: Yes.

Question #2: On this Carrier, yard transfer crews, in addition to being equipped with small hand sets, are equipped with radio pack sets weighing in excess of three pounds. These sets are hand carried to and from the caboose where they normally remain during a tour of duty for use in end-to-end communication -- communications which cannot be adequately handled by the smaller radios. Would these pack sets be considered permissible under this Article?

Answer: If, as you have indicated, the radio pack sets in question (although hand carried to and from the cabooses at the beginning and end of the tour of duty) are not used in a "portable" sense by the yard transfer crews during their tour of duty, it is our understanding that their used would be permissible under the provisions of this Article.

QUESTIONS AND ANSWERS

(Applicable to Paragraphs B., C., D., & E.)

Question #1: What is meant by the wording "head end of train"?

Answer: The control unit of the locomotive consist.

Question #2: What is meant by the word "emergency"?

"Emergency ..... a sudden, generally unexpected occurrence or set of circumstances demanding immediate action."

Without attempting to set forth all of the many circumstances and events that would and/or would not constitute emergencies under that or any other general definition, the following are some practical examples of each:

EMERGENCIES:

1. A derailment or other accident necessitating immediate action to protect persons and/or property.

2. Immediate action to avert accidents and obviate personal injuries and/or property damage.

3. Fire, storm, flood and other circumstances beyond the control of the Carrier that necessitate immediate action to protect persons and/or property.

4. In road service, when a radio becomes inoperable after a train departs the initial terminal.

5. When a radio becomes inoperable on a yard assignment but only for the length of time needed to get an operable radio to the crew under conditions prevailing at the time.

NON-EMERGENCIES:

1. No operable radio available.

2. The need to perform work immediately, minus a condition such as those defined as "EMERGENCIES" above..

3. To clear a track for an inbound train, a transfer cut or other cut of cars.

4. To commence weighing cars.

5. To start humping a train or cut of cars.

This page last updated: March 02, 2005