Article 12
Deadheading

Existing rules covering deadheading are revised as follows per Article VI of 1986 BLE Engineer's Agreement:

Section 1 - Payment When Deadheading and Service Are Combined

(a)  Deadheading and service may be combined to any manner that traffic conditions require,  and when so combined employees shall be paid actual miles or hours on a continuous time basis, with not less than a minimum day, for the combined service and deadheading.  However, when deadheading from the away-from-home terminal to the home terminal is combined with a service trip from such home terminal to such away-from-home terminal and the distance between the two terminals exceeds the applicable mileage for a basic day, the rate paid for the basic day mileage portions of the service trip and deadhead shall be at the full basic daily rate.

Section 2 - Payment For Deadheading Separate From Service

When deadheading is paid for separate and apart from service:

(a)  For Present Employees*

A minimum day, at the basic rate applicable to the class of service in connection with which deadheading is performed, shall be allowed for the deadheading, unless actual time consumed is greater, in which event the latter amount shall be allowed.

(b)  For New Employees**

Compensation on a minute basis, at the basic rate applicable to the class of service in connection with which deadheading is performed, shall be allowed.  However, if service after deadheading to other than the employee's home terminal does not begin within 16 hours after completion of deadhead, a minimum of a basic day at such rate will be paid.  If deadheading from service at other than the employee's home terminal does not commence within 16 hours of completion of service, a minimum of a basic day at such rate will be paid.

A minimum of a basic day also will be allowed where two separate deadhead trips, the second of which is out of other than the home terminal, are made with no intervening service performed.  Non-service payments such as held-away-from-home terminal allowance will count toward the minimum of a basic day provided in this Section 2(b).

*  Employees whose seniority in engine or train service precedes November 1, 1985.

**  Employees whose earliest seniority date in engine or train service is established on or after November 1, 1985.

Section 3 - Applications

Deadheading will not be paid where not paid under existing rules.

The parts of Article 12 1982 BLE Agreement that were not amended are as follows:

Section 3

B.  No deadhead or constructive mileage is to be allowed in any case to engineers going to or returning from relief points on account of application of Article 25(E).  (Reduction of working lists).

C.  When an engineer is required to deadhead by a mode of transportation other than rail, the service trip rail mileage normally paid engineers will be paid between the two points if train service operates directly between such points.  If no train service operates directly between the two points, the direct highway mileage traveled will be paid. 

NOTE:  No other mileage such as "side trips", "lapbacks", "doubling hills", etc., will be paid under this Article 12(C).

D.  It is understood that when a temporary vacancy exists at an outline point and more than one extra or emergency engineer is required to fill the vacancy the engineer first sent to such vacancy will be allowed pay for deadheading to the vacancy and the last engineer returning from the vacancy will be allowed for deadheading there from.  The effect being that not more than one deadhead trip is paid in each direction regardless of the number of engineers used in filling any one such temporary vacancy on account of exercise of seniority or relief under the six day revision.  (See Article 26).

E.  It is understood that no deadhead pay will be allowed in either direction in connection with affording relief to an engineer relieved for the purpose of taking the second or subsequent part of a split vacation.

NOTE 1:  It is understood when there are no passenger trains available an engineer's deadhead to their home terminal on freight trains for their own convenience, it will be at their own risk and expense.

NOTE 2:  Danville Division engineers
deadhead to Spencer from an outlying point or to an outlying point from Spencer will be paid as though deadheaded to or from Salisbury.  Charlotte Division engineers deadheaded to Spencer or Salisbury from an outlying point or to an outlying point from Spencer or Salisbury will be paid as though deadheaded to or from Spencer.

EXAMPLES OF APPLICATION OF DEADHEAD RULE, ARTICLE VI*

The following examples illustrate application of the rule to all employees regardless of when their seniority date in engine service were established, except where specifically stated otherwise:

1. What payment would be due an engineer who performed road service from A, the home terminal, to B, the away-from-home terminal, a distance of 170 miles, and deadheaded from B to A, with the service and deadhead combined between A-B-A?

A.  A minimum day and 70 over-miles for the service and a minimum day and 70 over-miles for the deadhead.

2. What would be the payment under Question 1 if the distance between A and B were 75 miles?

A.  A minimum day and 50 over-miles.

3.What payment would be due an engineer who performed road service from A to B, a distance of 170 miles, taking rest at B, and then being deadheaded separate and apart from service from B to A, with the deadhead consuming 8 hours?

A.  A minimum day and 70 over-miles for the service trip from A to B, and a minimum day at the basic rate applicable to the class of service in connection with which the deadheading is performed.

4. What payment would be due an engineer who performed road service from A to B, a distance of 170 miles, taking rest at B, and then deadheading separately from service B to A, with the deadhead being completed in 10 hours?

A.  He would be paid a minimum day and 70 over-miles for the service trip from A to B, and 10 hours straight time rate of pay at the basic rate applicable to the class of service in connection with which the deadheading is performed.

5. An engineer operates a train from his home terminal, point A, to the away- from-home terminal, point B, a distance of 170 miles.  Upon arrival at the away-from-home terminal, he is ordered to deadhead, separate and apart from service, to the home terminal.  The time deadheading is 5 hours. What payment is due?

A.  A minimum day plus 70 over-miles for service.  A minimum day for deadhead if employees' seniority in engine or train service antedates November 1, 1985; otherwise, 5 hours.

6. Would at least a minimum day at the basic rate applicable to the class of service in connection with which the deadheading is performed be paid when a deadhead is separate and apart from service and the actual time consumed is the equivalent of a minimum day or less?

A.  Yes, for employees whose seniority is engine or train service antedates November 1 1985.  Actual time will be paid to others.

7. An engineer is called to deadhead from point A to point B, a distance of 50 miles, to operate a train back to point A.  He is instructed to combine deadhead and service.  Total elapsed time for the deadhead and service is 7 hours, 30 minutes.  What payment is due?

A.  A minimum day.

8. An engineer is called to deadhead from point A to point B, a distance of 50 miles, to operate a train from point B to point C, a distance of 75 miles.  He is instructed to combine deadhead and service.  Total elapsed time is 10 hours.  What payment is due?

A.  A minimum day plus 25 over-time.

9. An engineer operates a train from point A to point B, a distance of 50 miles.  He is ordered to deadhead back to point A, service and deadhead combined.  Total elapsed time, 8 hours, 30 minutes.  What payment is due?

A.  A minimum day plus 30 minutes overtime.

10. An engineer operates a train from his home terminal, point A, to the away-from-home terminal, point B, a distance of 275 miles.  After rest, he is ordered to deadhead, separate and apart from service, to the home terminal.  Time deadheading is 9 hours, 10 minutes.  What payment is due?

A.  A minimum day plus 175 over-miles for service, 9 hours, 10 minutes straight time for the deadhead.

11. How is an engineer to know whether or not deadheading is combined with service?

A.  When deadheading for which called is combined with subsequent service, the engineer should be notified when called.  When deadheading is to be combined with prior service, the engineer should be notified before being relieved from service.  If not so notified, deadheading and service cannot be combined.

The following examples illustrate the application of the rule to employees whose earliest seniority date in engine or train service is established on or after November 1, 1985:

1. An engineer is called to deadhead from his home terminal to an away-from-home point.  He last performed service 30 hours prior to commencing the deadhead trip.  The deadhead trip consumed 5 hours and was not combined with the service trip.  The service trip out of the away-from-home terminal began within 6 hours from the time deadhead trip was completed.  What payment is due?

A.  5 hours at the straight time rate.

2. What payment would have been made to the engineer in example if the service trip out of the away-from-home terminal had begun 17 hours after the time the deadhead trip ended, and the held-away rule was not applicable? 

A. A minimum day for the deadhead.

3. What payment would have been made to the engineer in example 1 if the service trip out of the away-from-home terminal had begun 18 hours after the time the deadhead trip ended,. and the engineer received 2 hours pay under the held-away rule?

A.  6 hours at the straight time rate.

4. An engineer is deadheaded to the home terminal after having performed service into the away-from-home terminal.  The deadhead trip, which  consumed 5 hours and was not combined with the service trip, commenced 8 hours after the service trip ended.  What payment is due?  

A. 5 hours at the straight time rate.

5. What payment would have been made to the engineer in example 4 if the deadhead trip had begun 18 hours after the service trip ended and the held- away rule was not applicable.

A. A minimum day for the deadhead.

6. What payment would have been made to the engineer in example 4 if the deadhead trip had begun 18 hours after the time the service trip ended and the engineer received 2 hours pay under the held-away rule?

A. 6 hours at the straight time rate.

7. An engineer is deadhead from the home terminal to an away-from-home location.  Ten (10) hours after completion of the trip, he is deadheaded to the home terminal without having performed service.  The deadhead trips each consumed two hours.  What payment is due?

A.  A minimum day for the combined deadhead trips.

*  NOTE: The amount of over-miles shown in the examples are on the basis of a 100 mile day.  The number of over-miles will be reduced in accordance with the application of Article IV, Section 2, of this Agreement.