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ARTICLE 37
CREW CONSIST
A. ROAD AND YARD CREWS
1. The consist of all road freight and yard crews, except as otherwise
provided in this Article, will not be less than one conductor/foreman and one
trainman/yardman.
2. Nothing in this Article shall prohibit the Carrier from electing to
use a ground service employee in addition to the conductor/foreman and one
trainman/yardman on a crew in road or yard service.
a. Any position established pursuant to this Paragraph A.2. above may
be discontinued.
b. If the Carrier elects to operate a crew in assigned road or yard
service with a crew consist in excess of that required by this Article and the excess
position is filled for six (6) consecutive days in road service or three (3) consecutive
days in yard service, thereafter the senior employee making application for the position
will be assigned if the position is to be continued. The position may be abolished at any
time pursuant to the usual notice requirements.
3. There shall be no car count or train length
limitation in the operation of any Carrier train.
4. a. All employees holding a seniority date on road trainman and/or
yard seniority rosters on December 6, 1991 will be known and designated as "protected
employees". Any such employee in a dismissed or suspended status as of December 6,
1991, or thereafter, who is subsequently reinstated with seniority rights unimpaired will
also be a protected employee.
b. Trainmen/yardmen establishing seniority after
December 6, 1991 will be known and designated as "non-protected employees" and
will not have the right to exercise seniority to or otherwise be used on blanked or
blankable trainmen or yardmen positions, except as provided in this Article.
B. OPERATION WITH LESS THAN A TWO-MEMBER CREW
1. The Carrier may continue to operate conductor-only service pursuant
to agreements signed before December 6, 1991. Nothing in this Article is intended to
restrict the existing rights of the Parties.
2. In addition to Paragraph B.1. above, effective January 1, 1992, the
Carrier may operate 50% of through-freight assignments conductor-only on a seniority
district basis. This percentage may increase by 10% each year. Additional through-freight
conductor-only assignments operated pursuant to agreements signed prior to December 6,
1991 will count toward the percentage figure. Conductor-only service will be operated in
accordance with schedule agreements.
3. Employees hired after December 6, 1991 can only exercise seniority
to conductor/foreman positions, trainman/yardman positions advertised by the Carrier as
must-fills and Extra Board positions to which their seniority would entitle them.
4. The Carrier is not restricted by this Agreement from establishing or
continuing assignments which have been single position assignments such as, but not
limited to, pilots, skatemen and car retarder operators.
5. The Carrier may create single assignment positions to expedite
and/or assist efficient operations. These positions will be paid applicable rates in
accordance with schedule rules. New utility positions will be paid yard foreman’s
rate in the yard and conductor’s road switcher rate on the road. His duties may
include operation of a Carrier provided motor vehicle.
6. Effective January 1, 1992, the crew consist for all Carrier crews
other than through-freight shall be one conductor/foreman and one blankable
trainman/yardman position, with the exception of those assignments which are presently
operated by agreement with a conductor or single employee only.
a. Employees with a seniority date prior to December 6, 1991, will have
full seniority rights to these blankable positions, including the normal exercise of
seniority to permanent and temporary vacancies.
b. In the event that no bids on blankable positions are received from
employees with a seniority date prior to December 6, 1991, the positions may be blanked
and worked with a conductor/foreman only.
c. In the event that a position cannot be filled under existing
Schedule rules, as amended, and the Reserve Board is vacant, an employee may be forced, in
reverse seniority order, to a must-fill position (including an Extra Board position) from
a designated blankable position; however, he will receive no less compensation than he
would have received on his former assignment. Such difference in earnings will cease in
the event his former blankable position is abolished or subsequently designated by the
Carrier as a must-fill position.
(1) The former assignment of an employee forced under this provision
will be blanked unless subsequently designated by the Carrier as a must-fill position.
(2) A position on the Extra Board is considered to be a must-fill
position in applying these election rules governing permanent vacancies.
C. EXTRA BOARDS
1. At locations where extra boards exist under present schedule rules
the Carrier will establish for each craft a guaranteed extra board for employees with
seniority prior to December 6, 1991.
a. The Carrier will regulate the number of employees assigned to extra
boards.
b. Any practices and/or agreements previously in effect providing for
extra board guarantees are hereby eliminated.
c. In addition to the Carrier’s rights under Paragraph 1.a. above,
the Local Chairperson representing conductors may adjust the number of employees on the
conductors’ guaranteed extra-board to increase the earnings of conductors as long as
the earnings exceed the guarantee.
2. The guarantee for employees with seniority prior to December 6, 1991
assigned to guaranteed road or combination road/yard extra boards will be a gross monetary
amount of $1,653.00; and for employees with seniority prior to December 6, 1991 assigned
to yard extra boards will be a gross monetary amount of $1,351.95 for each semi-monthly
payroll period (both amounts subject to future general wage and cost-of-living increases).
The current rate to be used for reduction for unavailability and for pro-rating less than
a full period will be one-fifteenth of the applicable semi-monthly guarantee. (See Article
2 for rates of pay.)
a. All earnings, with the exception of special allowance payments,
during the pay period will apply against the guarantee. The guarantees of employees who
are on the extra board for part of a month will be pro-rated. Penalty payments will be
offset against guarantee in the period of occurrence.
b. If an employee is suspended as a result of disciplinary action, lays
off at his own request, misses a call, or is not available for the full twenty-four (24)
hours, the greater of the pro-rated amount shown in 2. above or earnings lost as a result
of the absence will be deducted from the guarantee.
c. The guarantee of a train service employee who voluntarily exercises
seniority to the extra board will commence at 12:01 a.m. on the date following the date he
marks up as available for service. A train service employee displaced from the extra board
will be credited with a full calendar day of availability with respect to the guarantee
for the date displaced.
d. A train service employee exercising seniority off an extra board
will not be credited with a full calendar day of availability with respect to the
guarantee for that date. A train service employee forced to an extra board will be
credited with a full calendar day of availability with respect to that date.
e. Employees may be required to file for any payments due on forms
supplied by the Carrier and paid currently.
D. RESERVE BOARDS
1. The Carrier will establish Reserve Board positions at
locations where extra boards exist. These Boards will consist of employees hired prior to
December 6, 1991 who are not holding a regular assignment or the guaranteed extra
board position.
a. Each employee on a Reserve Board will be
guaranteed a gross amount of $1,209.58 for each full semi-monthly pay period, subject to
future wage and cost-of-living increases. The guarantee for employees added to or removed
from the Reserve Board on dates other than the first day of the month will be reduced by
1/15th for each full calendar day they are not on the Reserve Board. (See Article 2. for
rates of pay.)
b. Positions established initially on the Reserve Board, and subsequent
vacancies, will be advertised in accordance with applicable schedule rules.
c. No deductions from the pay of a Reserve Board employee will be made
except for deductions of income, employment or payroll taxes (including Railroad
Retirement taxes) required by law; amounts required or permitted by an applicable dues
deduction agreement; and other amounts as authorized by this or any other agreement
required by law. Reserve Board employees may engage in outside non-railroad employment
which is not in conflict with the Carrier's interests without any offset of earnings.
2. The Carrier will create additional extra
and/or Reserve Board positions before furloughing an employee who would have stood for
service under application of the July 30, 1984 Crew Consist Agreement.
3. Reserve Board employees may be called and used to supplement the
guaranteed Extra Boards when they are exhausted if they can be contacted. Employees making
written request for emergency work will be marked up in seniority order and called
first-in, first-out.
a. Such employees are not required to remain available for call, cannot
be required to respond to such calls, and will not be censured or disciplined for failing
to do so.
b. No offset will be made against any guarantee when he declines such a
call.
c. In the event that a Reserve Board employee accepts the call, he will
receive all of the earnings of the trip for which called in addition to the Reserve Board
pay for that day or days.
4. Any employee who is assigned to the Reserve Board must remain in
that status for at least two semi-monthly payroll periods unless he is: displaced by a
senior employee; recalled for active service; discharged from employment by the Carrier
for good cause; he resigns from employment of the Carrier; or he retires on an annuity
(including a disability annuity) under the Railroad Retirement Act. At the end of two
semi-monthly payroll periods an employee in Reserve Board status may elect to have his
Reserve Board assignment advertised, and at the end of the advertisement period he may
displace any junior employee.
5. Employees in Reserve Board status may not be displaced therefrom
except as provided below:
a. A senior employee in active service may displace the junior employee
on the Reserve Board by giving notice on or before the end of a payroll period. The
displacement will be allowed as of 12:01 a.m. on the first day of the second payroll
period following the payroll period in which notice is given.
EXAMPLE: An employee gives notice during or at the end
of payroll period 1. The employee giving notice will continue to work during payroll
period 2 and will be placed on the Reserve Board at 12:01 a.m. on the first day of payroll
period 3.
b. A displaced employee desiring to be placed on the Reserve Board may
do so as outlined in a. above; however, this will not prevent or relieve the employee from
exercising his seniority between the time displaced and the time the employee is entitled
to be placed on the Reserve Board.
c. Employees recalled, displaced or exercising seniority from the
Reserve Board will be entitled to an unrestricted exercise of seniority to any assignment
to which their seniority entitles them.
6. The Carrier will continue to make payment of premiums under
applicable health and welfare plans for employees in reserve status.
7. Reserve employees must maintain their train service proficiencies
while in such status.
a. "Maintaining proficiencies" includes such successfully
completing any retraining or refresher programs that the Carrier may require and passing
any tests or examinations (including physical examination) administered for purposes of
determining whether such proficiencies have been maintained.
b. Reserve Board employees must hold themselves available for return to
service upon seven (7) days’ notice. Reserve Board pay will continue for seven (7)
days from date of notification in addition to other earnings.
(1) Employees will be recalled from service from their respective
boards in reverse order of seniority unless recalled for service as an engineer.
(2) Failure to comply with this seven (7) days’ notice will result
in forfeiture of all seniority subject to scheduled rules.
E. SPECIAL ALLOWANCE
1. Employees who have a seniority date in train service prior to
December 6, 1991 will receive a special allowance of $15.00 when working on a
conductor/foreman only crew. This allowance is not subject to any future wage or
cost-of-living increase.
2. a. Employees who have a seniority date in train service prior to
December 6, 1991 will receive a special allowance of $8.73 when they perform service on an
assignment with a crew consisting of a conductor/foreman and one trainman/yardman, except
as provided in b. below.
b. Conductors and trainmen who have a seniority date in train service
prior to December 6, 1991 will receive a special allowance of $12.29 when they perform
service on a road assignment, handling over 120 cars.
c. These allowances will be subject to regular wage increases until
they reach or exceed the sum of $15.00. At that time the special allowance will be frozen
at $15.00, and will not be subject to future wage or cost-of-living increases.
F. DEFINITIONS
1. The terms "foreman" "trainman", and
"yardman" as used in this Article serve the purpose of identifying a craft or
class and are not intended to denote gender.
2. The term "must-fill" positions are all positions covered
by agreements between the Carrier and the UTU, except first trainman/yardman positions in
road and yard service which may be blanked pursuant to this Article.
3. The term "blankable" position refers to a first trainman
or yardman position on a crew which is filled by a protected employee and which, under
certain specified conditions, can be operated as a "conductor/foreman only crew"
in the absence of the first trainman/yardman.
4. The term "blanked" position refers to a trainman or
yardman position on a crew which is not filled and works as a conductor/foreman only crew.
5. A "furloughed" employee is an employee whose seniority
does not entitle him to hold a position, regular or extra, on his seniority district.
6. A "reduced crew" is a crew that operates with a
conductor/foreman only.
G. RESTRICTIONS ON THE CARRIER
1. Employees will not be required to operate with less than the
required crew consist specified in this Article, nor will they be censured or disciplined
in any manner for refusal to do so.
2. No Carrier supervisor, yardmaster, official, engine or non-craft
employee will be used to supplement, supplant or substitute in the work of any train or
yard crew working under UTU Agreements.
H. STEPPING UP TRAINMEN/YARDMEN (Temporary
Vacancies)
1. No trainman/yardman will be moved from a must fill trainman/yardman
position to a crew of a conductor/foreman only in order to make such crew a
conductor/foreman and one trainman/yardman. If a trainman/yardman is required, the first
out trainman/yardman will be called from the applicable Extra Board, or if the Extra Board
is exhausted in accordance with schedule rules.
2. In the event the conductor member of a road crew lays off at the
away-from-home terminal or fails to report after having been properly called, before
departure of his train from the away-from-home terminal, present practices will be
followed in filling the conductor vacancy.
I. Permanent must-fill
vacancies, which are not filled voluntarily in the usual manner or assigned under
applicable rules, will be filled by assigning the most junior trainmen/yardmen on the
respective Extra Boards. If non-protected employees are assigned (either by choice or if
forced) to a must fill position, an equal number of protected employees electing to remain
on or go to the Extra Board will, in reverse order of seniority, lose their status in
filling blankable positions so long as non-protected employees are holding must-fill
positions. However, a protected employee on the Extra Board so affected will be permitted
to exercise his seniority.
J. SENIORITY RIGHTS
1. Protected trainmen/yardmen on an Extra Board will be used on
blankable and must fill trainmen/yardmen vacancies, except as provided in Paragraph I.
above.
2. Non-protected trainmen/yardmen on an Extra Board will be used only
on must-fill vacancies and shall have no claim if run around by a protected
trainman/yardman used on a blankable vacancy.
K. YARDMEN’S
EXTRA BOARD
1. All Extra Board yardmen will continue to be
confined to five straight time, eight hour shifts in their work week under the Five Day
Work Week Article. Road service work is not to be considered.
2. After all available Extra Board yardmen have worked their allotted
number of shifts, or there are no extra yardmen rested and therefore unavailable,
must-fill temporary vacancies will be offered in seniority order to protected helpers
assigned to work that day on blankable positions in the same starting time bracket
in which the vacancies exist and at the same point. If none of the protected helpers
contacted desires the vacancy, the junior protected helper contacted at that point will be
assigned to work that day, and those assigned will receive no less compensation that they
would have earned on their own assignment. Protected helpers occupying blankable
jobs who do not desire to be called, when they do not stand to be assigned, will so notify
the appropriate officer of the Company in writing with a copy to the Local Chairperson.
Such written notification may be revoked in the same manner.
In the event there are no available protected yard helpers holding
blankable positions in the same starting time bracket in which the vacancies exist, at the
same point, said vacancies will be filled in accordance with the rules or practices in
effect prior to this Agreement.
NOTE: The phrase "at the same point" as used
herein means assignments that go on and off duty at the same yard in terminals where yard
crews are assigned to report at more than one yard or location in the same yard or
terminal.
L. MAINTAINING SUFFICIENT EMPLOYEES
The Carrier will maintain, through recall of furloughed
trainmen/yardmen and/or hiring of new employees, a sufficient number of regular and extra
employees to permit reasonable lay-off privileges and to protect must-fill vacancies,
vacations, personal leave days and other extended vacancies.
M. FAILURE TO REPORT
1. Yard
a. Must-fill Position
In the event a regular member of a yard crew, or an extra employee
properly called, fails to report for duty at the assigned reporting time for a must fill
position, the remaining crew member may be required to work but not in excess of 120
minutes from starting time and a yardman will be called to fill the vacancy. In such cases
the yardmaster or other Carrier supervisor will have the option of starting the crew to
work, or instructing them not to work until arrival of the extra yardman. If the crew is
required to work, such yardman will be paid the foreman's rate of pay and the Special
Allowance of $15.00, if applicable.
b. Blankable Position
In the event a regular member of a yard crew, or an extra employee
properly called, fails to report for duty at the assigned reporting time for a blankable
position, the remaining crew member may be required to work but not in excess of 120
minutes from starting time and a protected yardman will be called to fill the vacancy. In
such cases the yardmaster or other Carrier supervisor will have the option of starting the
crew to work, or instructing them not to work until arrival of the extra yardman. If the
crew is required to work, such yardman will be paid the foreman's rate of pay and the
Special Allowance of $15.00, if applicable. If there are no protected yardmen available on
the Extra Board the position may be blanked and the foreman paid accordingly.
2. Road - Home Terminal
a. In the event a regular assigned trainman of a road crew, or an extra
trainman properly called, fails to report before departure of his train from the home
terminal, the train may be operated conductor only to and from the away-from-home terminal
or in turnaround service, provided the trainman's position is a blankable position.
b. In the event a conductor of a road train properly called fails to
report before departure of his train from the home terminal, past practice will apply.
c. If an employee is given less than the required advance call, the
train will be held not to exceed the amount of time the call was short.
3. Road - Away-From-Home Terminal
a. In the event a trainman of a road crew or an extra employee properly
called is unavailable for reasons of his own, including marking off, at the away-from-home
terminal, the remaining crew members may be required to work back to their home terminal
or in turnaround service for one trip and the conductor will receive the Special Allowance
of $15.00, if applicable.
b. In the event a conductor of a road train properly called fails to
report before departure of his train from the away-from-home terminal, past practice will
apply.
c. If an employee is given less than the required advance call, the
train will beheld not to exceed the amount of time the call was short.
N. PREMATURE DISCONTINUANCE OF DUTY
1. Yard
a. Must-fill Position
In the event that a member of a yard crew protecting a must fill
position discontinues duty before the completion of the crew’s tour of duty and a
replacement is called, the remaining crew members may be required to work not to exceed
sixty minutes from the time of discontinuance and receive foreman's rate of pay and the
Special Allowance of $15.00, if applicable, or the Carrier may elect to tie the crew up.
b. Blankable Position
In the event that a member of a yard crew protecting a blankable
position discontinues duty before the completion of the crew’s tour of duty and a
protected yardman will be called, the remaining crew members may be required to work not
to exceed sixty minutes from the time of discontinuance and receive foreman's rate of pay
and the Special Allowance of $15.00, if applicable, or the Carrier may elect to tie the
crew up. If there are no protected yardmen available on the Extra Board the position may
be blanked and the foreman paid accordingly.
O. NON-REVENUE TRAINS
1. All non-revenue trains, such as snowplows, work or wreck trains
(including handling of solid wreck trains terminal-to-terminal), may be operated with a
crew of not less than one (1) conductor/foreman and one (1) blankable trainmen/yardmen
when protected by Extra Boards or by crews exclusively assigned to such service.
2. Where service referred to in Paragraph 1. above is operated either
regular assigned or extra, blankable vacancies will be filled by available protected Extra
Board employees.
3. An Hours of Service relief road crew that relieves a road crew may
be operated conductor only.
P. To expedite attrition, an
individual protected employee may request or may be offered by the Carrier in seniority
order an opportunity for voluntary early separation and accept a lump sum separation
allowance and other considerations in lieu of all other benefits and protection provided
in this Article. Such employee will be given an opportunity to elect hospital-surgical
coverage for himself and his dependents in lieu of a portion or all of the severance
allowance agreed upon, if he so desires.
Such request or offer for early voluntary separation will be in writing
and subject to the approval and option of both the individual employee and the Carrier's
Highest Designated Officer.
Q. GENERAL
The parties hereto recognize the complexities involved in this Article
and, in keeping with its intent and purpose and the rights and responsibilities of the
parties thereunder, arrangements will be made for periodic conferences for the purpose of
agreeing on interpretations.
1. This Article supersedes all other agreements, rules and/or
understandings which are in conflict herewith. Any conflict between the changes set forth
in this Article and the provisions of existing agreements shall be resolved in accordance
with the provisions of this Article.
2. The parties to this Article will not serve or progress, prior to the
attrition of all protected employees, any notice or proposal for changing the specific
provisions of this Article, governing, pure attrition, protected employees, special
allowance payments to reduced crew members, employee productivity fund, guaranteed Extra
Boards, Reserve Boards and the administration thereof. This will not bar the parties from
making changes in the above provisions by mutual agreement.
3. Nothing in this Article shall be construed as depriving any employee
of any rights or benefits or eliminating any obligations which such employee may have
under any existing job security or other protective conditions or arrangements provided
that there shall be no duplication or pyramiding of benefits to any employee.
R. MORATORIUM
This will confirm our understanding that items contained in Paragraph
Q.2. of this Article are exempt from further handling and cannot be altered or changed by
presidential Emergency Boards or any other tribunals which settle wage and rules
negotiations.
QUESTIONS AND ANSWERS
(Applicable to Paragraph A. - Road and Yard
Crews)
Question #1: Does this Article change in any manner
Agreement rules and practices pertaining to the filling of conductor/foreman vacancies?
Answer: No.
Question #2: Can a trainman/yardman who is in
furloughed status at a yard or road terminal be forced to a must-fill position at another
yard or road terminal within his seniority district?
Answer: Only to the extent he could have been required
to do so under the existing Agreements in effect prior to December 6, 1991.
Question #3: Will blankable trainmen/yardmen positions
continue to be bulletined?
Answer: Yes, where rules now require; however: When no
bids are received, the positions may be blanked until such time as a protected employee
exercises seniority thereto in accordance with applicable rules. A protected employee who
does not have an exercise of seniority may claim such blanked position by giving 24 hours
advance notice.
Question #4: When there is a change in the consist of
crews as a result of this Agreement (position changes from blanked to blankable or vice
versa), may the employees assigned thereto elect to exercise their seniority?
Answer: Yes, this would be considered a change in
conditions and the employees may exercise seniority in accordance with applicable rules.
QUESTIONS AND ANSWERS
(Applicable to Paragraph B. - Operation with
less than a two-member crew)
Question #1: When the Reserve Board is exhausted, will
the Carrier designate blankable positions prior to forcing?
Answer: Yes.
Question #2: Will an employee forced to a must-fill
position have an exercise of seniority?
Answer: Yes.
Question #3: Does the Article eliminate prior
rights"
Answer: No.
Question #4: Will utility positions be filled from the
trainman's craft?
Answer: Yes.
Question #5: Can a trainman/yardman be held off his
assignment for a later assignment?
Answer: No.
Question #6: Does a road utility position get paid
miles operated with a minimum of a basic day?
Answer: Yes.
Question #7: Is a yard utility position restricted to
the geographical limits to the same extent as yard assignments?
Answer: Yes.
Question #8: What work can a utility position perform?
Answer: A yard or road utility position can perform
any work normally permitted of yard or road employees respectively.
Question #9: Will conductor's vacancies continue to be
filled under present schedule rules?
Answer: Yes, but from active service employees, if
possible.
Question #10: Will employees hired prior to December
6, 1991 be run-around on guaranteed extra list?
Answer: No.
Question #11: Will an employee be able to displace to
a blanked position which is blanked because an employee is forced to a must-fill position?
Answer: Only if he is senior to the forced employee.
Question #12: Will an assignment be blanked when a
trainman takes a personal leave day?
Answer: The position may be blanked if no employee
with a train service seniority date prior to December 6, 1991 is available from the Extra
Board.
Question #13: Does the present car limits apply to
Roadrailer®?
Answer: Yes, as long as it is operated above the
percentage in Paragraph B.2.
Question #14: Is the Carrier going to provide
documentation of the percentage of trains operated conductor only?
Answer: Yes.
Question #15: What will the consist be of special
trains such as excursion and director special trains?
Answer: Trains paying through freight rates will have
no more than two ground service employees, and can be operated with a conductor only, and
when operated conductor only will be counted toward the appropriate percentage under
Paragraph B.2.
QUESTIONS AND ANSWERS
(Applicable to Paragraph C. - Extra Boards)
Question #1: Does "currently" as used in
Paragraph C.2.e. mean it will be paid in the following half?
Answer: Yes.
Question #2: If an employee marks off at 11:00 p.m.
and marks back up twelve hours later at 11 a.m., how will he be treated for guarantee
purposes?
Answer: He will lose the greater of two guarantee days
or lost earnings.
Question #3: If an extra employee misses a call for an
11 p.m. assignment, how will he be treated for guarantee purposes and his placement on the
Board?
Answer: He loses a guarantee day (the day of the
missed call) and any subsequent days he is not available the entire calendar day or
earnings lost, if greater. He will be marked up at the bottom of the extra list.
Question #4: Does the Article change existing starting
time rules (or practices) for guaranteed yard extra list?
Answer: No.
Question #5: Does this Article change the yard
five-day work week?
Answer: No.
Question #6: When a yard assignment is annulled on
other than a holiday, for one or more days, can the yardman on the assignment annulled
place on an Extra Board for the day or days and receive a guarantee day or days?
Answer: Yes.
Question #7: How will earnings from paid personal
leave days, holiday pay, vacation pay, jury duty, and bereavement leave be treated for the
purposes of calculating Extra Board guarantees?
Answer: An employee's semi-monthly guarantee will be
reduced by one day under Paragraph C.2. for each calendar day such payment is claimed.
QUESTIONS AND ANSWERS
(Applicable to Paragraph D. - Reserve Boards)
Question #1: Will employees be furloughed as a result
of this Article?
Answer: Only employees who would be furloughed under
agreements in effect prior to December 6, 1991 could be furloughed.
Question #2: Will Reserve Board employees be allowed
to utilize payroll deductions to the same extent that active duty employees are allowed to
do so?
Answer: Yes.
Question #3: Will Reserve Board employees be credited
with days of service for the purpose of qualifying for vacation?
Answer: Employees will not accrue qualifying days of
service while on the Reserve Board. However, time spent on the Reserve Board will count
toward years of continuous service.
Question #4: What standards will apply to Reserve
Board employees for rules exam and physicals?
Answer: The same standard or tests that apply to
active employees.
Question #5: Is a Reserve Board employee required to
keep the Carrier advised of his current address?
Answer: Yes.
Question #6: Do the time limit provisions provided in
the top and bottom agreements concerning voluntary transfers from road to yard apply when
moving to or from Reserve Boards?
Answer: No.
Question #7: How will Reserve Board employees be
recalled to active service?
Answer: By certified mail.
Question #8: What seniority will an employee use to
bid in the Reserve Board?
Answer: His trainman date for a road Reserve Board and
his switchman date for a yard Reserve Board.
Question #9: Does free exercise of seniority under
Paragraph D.5.c. mean that an employee returning from a Reserve Board must displace the
junior employee in the pool or group of runs to which he is exercising seniority?
Answer: Yes.
Question #10: May an employee on a Reserve Board take
vacation?
Answer: The employee has the option of taking vacation
pay in lieu of Reserve Board pay or saving the vacation until he returns to active
service.
QUESTIONS AND ANSWERS
(Applicable to Paragraph E. - Special
Allowance)
Question #1: Will an employee operating conductor only
receive the $9.36 ($13.17 for trains over 120 cars) special allowance in addition to the
$15.00 special allowance referred to in Paragraph E.?
Answer: No.
QUESTIONS AND ANSWERS
(Applicable to Paragraph I.)
Question #1: Will the junior protected employee be
notified when a non-protected employee takes (or is forced to) a must-fill position?
Answer: Yes.
Question #2: When must a protected employee elect to
exercise his seniority or remain on the Extra Board under this Article?
Answer: When notified that a non-protected employee
has been assigned to a must fill position, the protected employee must exercise seniority
within 24 hours or remain on the Extra Board.
Question #3: Do protected employees who lose their
status as such, due to non-protected employees holding must-fill positions, lose their
trip credits toward the distribution of the Productivity Fund, where applicable, during
the period of time they are considered non-protected?
Answer: No.
QUESTIONS AND ANSWERS
(Applicable to Paragraph K. - Yardmen's Extra
Board)
Question #1: Does the wording in Paragraph K.2.,
reading "same starting time bracket" mean the time periods referred to in
existing starting time rules?
Answer: Yes.
Question #2: Will a time and one-half tour of duty in
yard service (other than working on a holiday) be counted as a day against a yardman on
the yard Extra Board under the provisions of Paragraph K.1.?
Answer: No.
Question #3: Does Paragraph K.1. set aside application
of schedule rules which require payment at time and one-half?
Answer: No.
QUESTIONS AND ANSWERS
(Applicable to Paragraph M. - Failure to
Report)
Question #1: Give some examples of what would
constitute "work" as that word is used in the phrase "required to
work"?
Answer: Switching moves, bleeding air and setting hand
brakes would be some examples of "work", but it is understood the securing of
switch list or receiving instructions by the yard foreman is not "work" for the
purposes of this Article.
QUESTIONS AND ANSWERS
(Applicable to Paragraph N. - Premature
Discontinuance of Duty)
Question #1: Do the provisions of Paragraph N. change
in any manner the current policy regarding payment to employees who discontinue duty
before the completion of a tour of duty as a result of an on-duty injury?
Answer: No.
QUESTIONS AND ANSWERS
(Applicable to Paragraph O. - Non-Revenue
Trains)
Question #1: Does this Article change in any manner
the Articles pertaining to yard crews operating in combination road-yard service zones?
Answer: No.
This page last updated:
March 02, 2005
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