ARTICLE 27

REST AND HOURS OF SERVICE LAW

A. REST - Road Service

Employees may claim ten hours rest after they have been on duty ten hours and have completed their runs. Employees must take and will be given ten hours rest after they have been continuously on duty twelve hours, whether they have completed their runs or not, except in cases in which, under the Hours of Service Law, they are allowed to work more than twelve hours' provided that when they have been on duty twelve hours, employees may claim rest whether they have completed their runs or not, if they so desire. Employees relieved or tied up on the road for any cause will be allowed to occupy the caboose.

B. METHOD OF PAY UNDER HOURS OF SERVICE LAW -

Road Service

1. Except as provided in Paragraph 2. and the exception under Paragraph 6., employees in train service will not be tied up unless it is apparent the trip cannot be completed within the lawful time, and not then, until after the expiration of ten hours of duty, under the Federal Law, or within two hours of the time limit, provided by State Laws, if State Laws govern.

2. If employees in train service are tied up in a fewer number of hours than provided for in the preceding paragraph, their time will be computed up to the expiration of ten (10) hours after reporting for duty and they will again be considered as on duty and under pay beginning at the expiration of their rest period computed from the time they were actually relieved.

NOTE: It is agreed that the provision of this rule will be considered inapplicable unless a rest period of eight hours or more be afforded, and that where relief is less than eight hours, time will be computed under other applicable rules of the schedule. In other words, if relieved prior to expiration of the tenth hour and given as much as eight hours rest, rule will be applied and time computed up to the expiration of the tenth hour and, as provided in the rule, he will again go on duty and under pay at the expiration of his rest period, computed from the time actually relieved.

3. When employees in train service are tied up between terminals, under the law, they shall again be considered on duty and under pay immediately upon the expiration of the minimum legal period off duty applicable to any member of the road crew, provided the longest period of rest required by any member of the crew, either eight or ten hours, shall be the period of rest for the entire crew.

4. Continuous trip will cover the movement, straight-away or turnaround, from initial point to the destination train is making when required to tie up. If any change is made in the destination after the crew is released for rest, a new trip will commence when the crew resumes duty.

5. Employees in train service tied up under the law will be paid continuous time from initial point to tie-up point. When they resume duty on a continuous trip, they will be paid from the tie-up point to terminal on the following basis: For mileage equivalent to one-half a basic day or less, or four (4) hours or less, four (4) hours pay; for mileage equivalent to more than one-half a basic day and up to a basic day, or over four (4) hours and up to eight (8) hours, eight (8) hours pay; for mileage greater than a basic day, or over eight (8) hours, at schedule rates. It is understood that this Article does not permit employees to be run through terminals unless such practice is permitted under the schedule.

6. Employees in train service tied up for rest under the law and then towed or deadheaded into terminal, with or without engine or caboose, will be paid therefore, miles or hours, whichever is the greater, from the tie-up point to the next tie-up point, or to the terminal, the same as if they had run the train to such terminal.

NOTE: In the application of Paragraphs 5. and 6., the phrases "tied up" and "tied up for rest" mean tied up for rest for the required statutory period, eight or ten hours, as the case may be, under the Hours of Service Law. Therefore, if the crew is tied up for less than the statutory rest period, continuous time will apply.

EXCEPTION: When the line is obstructed by wreck, washout, engine failure to the extent that it cannot move itself, or similar emergency, the foregoing regulations governing the method of pay under the Hours of Service Law will not apply; crews may be tied up for rest and the time deducted with the understanding that payment will be made for not less than a minimum day up to point tied up and that the crew shall be considered as again on duty and commencing a new day upon the expiration of eight (8) hours from the time relieved at tie-up point, or at the time of again going on duty if required to report earlier.

NOTE: The words "the line" as used in this paragraph mean that particular part of the line over which the crew was operating between point of origin and destination. The words "similar emergency" mean an obstruction such as a landslide, trees or telegraph poles across the track, or other emergencies which would actually obstruct the track.

7. Employees in train service tied up in obedience to the law will not be required to watch or care for engines or perform other duties during the time tied up.

8. The Carrier will provide meal allowance, lodging and transportation, if necessary, to crews released on line of road for four hours or more under the Hours of Service Law.

C. APPLICATION OF HOURS OF SERVICE LAW - Yard Service

1. A regularly assigned yard service employee required to work twelve hours will resume work on his regular assignment when his rest is up under the federal law, and then be permitted to work eight hours, or paid therefor, provided such day is not the employee's assigned off day.

This page last updated: March 02, 2005