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Article
10
More Than One Class of Road Service Rule
(Effective February 1, 1953)
A. Road engineers employed in any class of
road service may be required to perform two or more classes of road service in
a day or trip subject to the following terms and conditions:
Payment:
1. Except as qualified by A-2 below, payment for the
entire service shall be made at the highest rate applicable to any class of service
performed, the overtime basis for the rate paid to apply for the entire trip. Not less
than a minimum day will be paid for the combined service. When two or more locomotives of
different weight on drivers are used during a trip or day's work, the highest rate
applicable to any engine used shall be paid to the engineer for the entire day or trip.
2. Road engineers in through freight and passenger service
only, shall receive full payment for the regular day or trip based on miles or hours
applicable to the regular day or trip plus extra compensation on a minute basis for all
additional time required in the other class of road service.
The rate paid both for the regular trip and for the
additional time shall be the highest rate applicable to any class of service performed
during the entire day or trip.
When two or more locomotives of different weight on
drivers are used during a trip or day's work, the highest rate applicable to any engine
shall be paid to the engineer for the entire day or trip.
Overtime rate shall apply to the extra compensation only
to the extent that the additional service results in overtime for the entire day or trip
or adds to over-time otherwise payable for hours required for the regular trip.
EXAMPLES
FOR THE APPLICATION OF THIS PARAGRAPH A-2 ARE:
(a) An employee in through freight service on a run of 100
miles is on duty a spread of 8 hours, including 2 hours of another class of road service--
Employee will be paid 100 miles or 8 hours at pro rata
rate for the trip plus 2 hours at pro rata rate for the other class of road service, both
payments to be at the highest rate applicable to any class of service performed.
(b) An employee in through freight service on a run of 100
miles is on duty a spread of 9 hours, including 2 hours of another class of road service--
Employee will be paid 100 miles or 8 hours at pro rata
rate for the trip plus 1 hour at pro rata rate and 1 hour at time and one-half for the
other class or road service, both payments to be at the highest rate applicable to any
class of service performed.
(c) An employee in through freight service on a run of 100
miles in on duty a spread of 10 hours, including 2 hours of another class of road
service--
Employee will be paid 100 miles or 8 hours at pro rata
rate for the trip plus 2 hours at time and one-half for the other class of road service,
both payments to be at the highest rate applicable to any class of service performed.
(d) An employee in through freight service on a run of 100
miles is on duty a spread of 12 hours, including 2 hours of another class of road
service--
Employee will be paid 100 miles or 8 hours at pro rata
rate plus 2 hours at time and one-half for the trip plus 2 hours at time and one-half for
the other class of road service, both payments to be at the highest rate applicable to any
class of service performed.
(e) An employee in through freight service on a run of 150
miles in on duty a spread of 10 hours, including 2 hours of another class of road
service--
Employee will be paid 150 miles or 12 hours at pro rata
rate for the trip, plus hours at pro rata rate for the other class of road service, both
payments to be at the highest rate applicable to any class of service performed.
B. This rule applies to:
1. Unassigned and/or assigned road service.
2. Another class of road service regardless of when
notified, whether at time called, at the outset of, or during the tour of duty.
3. Passenger service, except that helper or pusher service
not a part of the regular passenger assignment, of wreck or work train service, should not
be required except in emergencies.
C. This rule does not involve the combining of road with
yard service nor modify or set aside:
1. Lapback or side trip rules except when a combination of
service includes work, wreck, helper or pusher service and such movements are made in the
performance of work, wreck, helper or pusher service.
2. Conversion rules.
3. Terminal switching and/or special terminal allowance
rule.
PER
1979 UTU Engineer & Fireman Agreement
NOTE: As
to employees working in emergency on two positions, such as fireman and
engineer: Agreed in such instances that, if a road fireman on a trip is
also used as an engineer for a portion of that trip on same train, he
will be paid under the principle of this rule; similarly, if a yard
fireman is also used as a yard engineer on the same assignment, he will
be paid in the same way.
If
a road fireman or yard fireman is also used as an engineer on a train or
assignment other than his own, he will be paid not less than a minimum
day for each position in which service is performed.
This
shall not apply to conductors and trainmen acting as enginemen, or vice
versa.
D. LAPBACK MOVEMENT OR INSIDE TURN
(Memorandum of Understanding of February 1, 1953)
1. Articles 2, 5(A), and (B), 8(A) and (B), are amended to
the extent hereinafter provided. While this will take precedent over and be effective in
lieu of schedule rules or understandings in conflict herewith, it does not alter, change
or amend such rules with respect to matters not herein dealt with. This Article is without
precedent or prejudice to respective contentions of either of the parties hereto with
respect to questions not disposed of herein.
2. Where the phrases "lapback movements" or
"inside turns" are used in this agreement, the words mean the turning back of a
crew for a distance of one-half mile ore more in one direction.
The turning back of crew must be:
(a) Over territory previously operated over.
(b) Between terminals on a straightaway run from one
terminal to another terminal.
-or-
Between terminal and turning point or between turning
point and starting terminal on a turnaround run from a terminal to an intermediate point
and return to the starting terminal.
(c) For the purpose of performing additional service not a
part of the continuous trip, such as returning to station last passed after departing
there from to perform service that could have been performed before train departed from
such station, thereby interrupting such continuous trip.
NOTE: Trips made for the purpose of moving
tonnage in excess of the rating of the engine used in not an authorized "lapback"
trip and payment is not provided for under this Article.
The provisions of this Article apply to lapback movements
or inside turns in passenger service, through freight service, local freight service, and
mixed service.
3. None of the provisions of this Article apply to branch
line, specified or anomalous service, bona fide work or construction service trains,
wrecking service, mine run service, helper service, and helper switcher service, it being
recognized that in such service lapback movements or inside turns without additional
payments are permissible. (It is not intended by this paragraph to change present practice
of operating mine runs.)
4. When an engineer is required to make a lapback movement
or inside turn to extent specified herein, compensation for such additional miles actually
run, additional hours on duty and additional service performed shall all be covered in
payments to be made on the following basis:
(a) Passenger Service:
2 hours and 30 minutes or less or 50 miles or
less............50 miles at through freight rate.
Over 2 hours and 30 minutes and not over 5 hours or over
50 miles and not over 100 miles.............100 miles at through freight rate.
(b) Through Freight and Mixed Service:
4 hours or less or 50 miles or
less.......................50 miles at through freight rate.
Over 4 hours and not over 8 hours or over 50 miles and not
over 100 miles............................100 miles at through freight rate.
(c) Local Freight and Mixed Service: (Paying local freight rate)
4 hours or less or 50 miles or less.....................50
miles at local freight rate.
Over 4 hours and not over 8 hours or over 50 miles and not
over 100 miles..........................100 miles at local freight rate.
When the above payments are made the time consumed in
making such lapback movement or inside turn shall be deducted for the purpose of computing
overtime, but miles run or paid for will not be counted for the purpose of extending the
time when overtime will begin. Time engaged in making such a movement shall be computed
from time such movement is actually begun until crew returns to starting point of such
lapback or inside turn.
NOTE 1: When a lapback is paid for under the
provisions hereof, Article 10 (A) will not apply because of any service performed in such
lapback movement. If, on the day or trip, the crew performs other service to which Article
10 (A) would apply, such Article is to be applicable but will not change the basis of
payment for the lapback trip.
NOTE 2: Nothing in this Article
applies to
doubling hills or running for water or other service for which there is already provided a
specific method of payment in the schedule.
5. If more than one lapback movement or inside turn is
made on a day or trip, the additional time so worked, additional service performed,
additional miles actually run shall be combined and payments made under the provisions of
this Article, provided however, that in such case, the payment for all such lapback trips
will be a minimum of 100 miles.
6. The provisions of this lapback Article do not relate to
and shall have no application to the performance of two or more classes of service such
as, but not limited to, freight crews performing a combination of freight service, helper
or pusher service, work train service or wrecking service, it being agreed that in such
instances the "More Than One Class of Road Service" rule, is applicable to the
extent specified by the Board of Arbitration in the Decision rendered December 3, 1952.
EXAMPLES:
Q. 1--As to lapback referred to in this Article does
this
term mean a lapback made on the main line over which the train is moving between terminal
and terminal or terminal and turning point or returning from turning point to terminal.
A. Yes.
Q. 2--Man enroute John Sevier to Asheville arrives New
Line, is directed to go to Morristown and get a car and return to New Line because he is
not going to Morristown.
A. This being a side trip it is not covered by this
Article.
Q. 3--Man operating between Oakdale and Knoxville arrives
at Clinton, Tenn., is directed to go to Lake City and return to Clinton, Tenn., 20 miles,
and go to destination.
A. Same as Q.2
Q. 4--Are Articles 16 and 8 affected by this Article?
A. No, see paragraph 1.
Q. 5--Where a train pulls a draw head, puts part of his
train in siding, returns and chains up, is lapback involved?
A. No lapback is made, see paragraph 2(c).
Q. 6--In the same illustration train goes into or out of
home terminal.
A. Schedule rules as to operating into and out of home
terminal would apply.
Q. 7--At an intermediate point, crew returns over main
line within yard or station limits, a distance of more than one-half mile in one
direction, to pick up care. Is this a lapback movement?
A. No.
Q. 8--Continuous trip of crew making straightway run from
Alexandria to Monroe is interrupted at Orange where engine is cut off and another train
assisted Orange to Montpelier. Crew returns to Orange and continues trip to Monroe. Was the
movement Orange to Montpelier and return deemed to be a "lapback movement" or
"inside turn"?
A. No. This will be a case of a crew performing more than
one class of service.
Q. 9--Continuous trip of crew making straightway run from
Birmingham to Atlanta is interrupted at Bremen where engine is cut off and crew returns to
Tallapoosa to pick up car for movement to Atlanta. Car is picked up and crew returns to
Bremen where train is picked up and trips continued to Atlanta. Was the movement from
Bremen to Tallapoosa and return considered a "lapback movement" or "inside
turn"?
A. Yes, see paragraph (2).
Q. 10--Train on turnaround basis has reached its turning
point and is sent to an intermediate point and returns to its turning point and proceeds
thence back over same territory to original starting point, is such a movement
"lapback" or "inside turn" within the meaning of this Article?
A. No, see second paragraph of 2(b). Schedule rules will
govern.
This page last updated:
03/06/2005
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