Article 15
Road, Yard and Incidental Work

(Revisions to Article 15 1982 Agreement contained in Article VIII of 1986 and 1991 BLE Agreements. Several provisions in Article 15 were modified by the 1986 & 1991 BLE Agreements. Please refer to road & yard incidental work at end of Article 15 for those modifications.) 

A. SWITCHING

1. Engineers in freight service will not be called upon to make up or put away their trains, or do switching at initial or final
terminals, where switch engines are on duty, except to the extent specified in this Section (A).

2. At initial terminal a road freight engine crew may be required to perform the following work in connection with its own train at points where yard crews or hostlers are employed, which will not be deemed switching within the meaning of this agreement.

(a) Couple train together to close cuts in train occasioned by the necessity for protecting road crossings.

(b) Set head end over when train is on more than one track.  This shall be confined to straight pick ups not involving the handling of cars not in its train or to be placed in its train.  Where it is necessary to use more than one such track to hold the cars it is not required that any track be filled to capacity.

Trains should be built on one track so far as practicable, and when it cannot be done, the majority of the cars should be placed on the rear section of the train.  This is not to apply to short haul cars.

(c) (BLE National Agreement effective May 13, 1971) Make an additional pick up of cars within the limits of its initial terminal. This shall be confined to straight pick ups not involving the handling of cars not in its train or to be placed in its train and the minimum number of tracks will be used provided that the carrier shall have the right to select the tracks used.  Where it is necessary to use more than one such track to hold the cars it is not required that any track be filled to capacity.

(d) (BLE National Agreement effective May 13, 1971) Set out defective or bad order cars in its own train.

(e) (BLE National Agreement effective May 13, 1971) Take charge of its engine (units) to be used in its train at the engine house or ready track and handle the engine (units) (including all units connected to the operating unit or units) to the departure track; handle its caboose car and connect it to its own train, except that the crew will not be required to switch out its caboose from the caboose or lay-up track.

(f) (BLE National Agreement effective May 13, 1971).  Exchange engine and caboose of its own train.

(g) (BLE National Agreement effective May 13, 1971) Work that may be required of a road freight engine crew under this paragraph 2 above, may include the performance of interchange movements as specifically set forth below, which will not be deemed switching within the meaning of this agreement:

(i) Receive its over-the-road train from a connecting carrier with or without the motive power and/or caboose, provided such train is a solid train and moves from one carrier to another intact, and further provided, that such movements are confined to tracks on which the carrier has the right to operate with road, yard or transfer engine crews.  The acceptance of a solid train from a connecting carrier shall be considered a pick up, either the original pick up to commence outbound trip or the additional pick up, as provided for under paragraph 2(c) of this Article 15.

NOTE: This provision does not preclude the carrier from making such interchange movements over tracks of another carrier on which it may acquire rights to operate in the future, nor does it preclude the employees from opposing the granting of such rights. 

(ii) when a road freight engine crew engaged in a solid train movement referred to in (i) above is not required to receive its motive power at its on-duty point the carrier shall authorize and provide suitable transportation for the engine crew from its on-duty point 

NOTE: Suitable transportation includes carrier owned or provided passenger carrying motor vehicles or a taxi, but excludes other forms of public transportation.  

(iii) Crews engaged in solid train movements referred to in paragraph (i) above will not have their on-duty points changed by reason of such movements, except by agreement. 

(h) (National Agreement effective May 13, 1971) Except as may be provided for in this Article road engine crews will not be required to perform work on tracks of another carrier where road and/or yard crews do not have the right to do so.

NOTE: This provision does not preclude the carrier from acquiring the right to perform work on the connecting railroad with road and/or yard crews, nor does it preclude the employees from opposing the granting of such rights.

Part (j) of this article pertains to passenger service and was purposely omitted. See BLE 1982 Agreement pages 33 & 34.

3. At final terminal a road freight engine crew may be required to perform the following work in connection with its own train at points where yard crews or hostlers are employed, which will not be deemed switching within the meaning of this agreement. 

(a) Cutting the train for road crossings

(b) Double over in final yarding of train, where one track will not hold the train the minimum number of tracks will be used provided that the carrier shall have the right to select the tracks used. Where it is necessary to use more than one such track to hold the cars it is not required that any track be filled to capacity. 

(c) (BLE National Agreement effective May 13, 1971) Set out cars at one location within the limits of its final terminal in addition to the final yarding of its train. This shall be confined to straight set outs not involving the handling of cars not in its train and the minimum number of tracks will be used provided that the carrier shall have the right to select the tracks used. Where it is necessary to use more than one such track to hold the cars it is not required that any track be filled to capacity. 

(d) (BLE National Agreement effective may 13, 1971) Handle caboose car of its own train to the caboose or lay-up track and/or couple its own caboose to another outbound train; deliver all units connected to the operating unit or units to the engine house facilities or lay-up track.  

(e) (BLE National Agreement effective may 13, 1971) Exchange engine and caboose of its own train.  

(f) (BLE National Agreement effective May 13, 1971) Work that may be required of a road freight engine crew under this paragraph (3) may include the performance of interchange movements as specifically set forth below, which will not be deemed switching within the meaning of this agreement.

(i) Deliver its over-the-road train to a connecting carrier with or without the motive power and/or caboose, provided such train is a solid train and moves from one carrier to another intact, and further provided, that such movements are confined to tracks on which the carrier now has the right to operate with road, yard or transfer engine crews.  A road freight engine crew performing interchange movements may only deliver its over-the-road train to the connecting carrier, and shall not be required to make any set outs at its final terminal.

NOTE: This provision does not preclude the carrier from making such interchange movements over tracks of another carrier on which it may acquire rights to operate in the future, nor does it preclude the employees from opposing the granting of such rights.

(ii) when a road freight engine crew engaged in a solid train movement referred to in (i) above is not required to deliver its motive power to its off-duty point, the carrier shall authorize and provide suitable transportation for the engine crew to its off-duty point.

NOTE: Suitable transportation includes carrier-owned or provided passenger carrying motor vehicles or a taxi, but excludes other form of public transportation.

(iii) Crews engaged in solid train movements referred to in paragraph (i) above will not have their off-duty points changed by reason of such movements, except by agreement.

4. (a) (BLE National Agreement effective May 13, 1971).  When work is performed by a road freight engine crew, as provided in this Article 15(A) (2&3), such work shall be considered as part of its road trip, and additional compensation for such work shall not be paid under either road, yard or hostling rules or regulations.  Provided further, however, that rules or regulations which now provide for payments to road crews for performing work in excess of, or other than that enumerated herein, will not be affected by the provisions of this Article 15.

NOTE: Rules or regulations not affected include, but are not limited to terminal delay rules and conversion rules.

(b) When a road crew performs work as provided in Article 15(A) (2&3), neither yard engine crews nor hostlers shall be entitled to any penalty pay or other compensation.  There will be no change in work permitted or in the compensation paid to combination assignments, such as mine runs, tabulated assignments, etc.

(c) For the purposes of Article 15(A) (2&3), the crew's initial and final terminal shall be the recognized terminals established by agreement or practice, and locations shall be those embraced within the confines of the established and recognized switching limits of such terminals.

(d) The foregoing provisions of this Article 15(A) (2&3) are not intended to impose restrictions with respect to any operation where restrictions did not exist prior to this Agreement, nor shall it be construed to change existing rules covering the preparation of or laying up of locomotives.

5 . In case of emergency as hereinafter defined, the provisions of this Section (A) shall not prevent road crews from performing service other than as specified above.  For purposes of this Section (A) an emergency is defined as wrecks, washouts or other unforeseen occurrences, either in yard or on road, which necessitates the performance of switching service.  In the event of the performance of switching an emergency as herein described, road engineers shall be compensated therefore in accordance with payment provided for in Section (C) hereof.  There shall be no claims from yard engineers because of such service.  If used in other than emergency, as herein defined, when switch engines are on duty, they will be paid not less than a minimum of four hours at pro rata rate separate and apart from all other earnings.  Likewise, the yard engineer who stands for the service in yards where such road engineers are used in other than emergency, when switch engines are on duty, will be paid not less than a minimum of four hours at pro rate yard rate of pay on account of the use of the road engineer as defined above.

The wording "the yard engineer who stands for the service, as used above is interpreted to mean the yard engineer on duty who would have performed the work, i.e. the yard engineer working in the immediate vicinity or at the point involved.

6. Protection provided in May 13, 1971 Agreement in application of Article 15, paragraph 2(g) and 3(f) is as follows:

Every employee deprived of employment as the direct or indirect application of the foregoing provisions shall be entitled to the schedule of allowances set forth in Section 7(a) of the Washington Agreement of May 21, 1936, except that the 60% of the average monthly compensation will be changed to 100% (less earnings in outside employment) and be extended to provide periods of payment equivalent to length of service not to exceed 5 years, and to provide further that allowances in Section 7(a) be increased by subsequent general wage increases.

If any protective benefits greater than those provided in this Article are available under existing agreements, such greater benefits shall apply subject to the terms and obligations of both the carrier and employee under such agreements, in lieu of the benefits provided in this Article.

B. 1. At intermediate points, where yard engines are an duty, road freight engineers shall not be required to switch.  This shall not prevent road freight engineers from making pickups and/or setoffs to the extent specified in the third, fourth and fifth paragraphs of Section (I) of this Article, which shall not be deemed to be switching within the meaning of this section (B).  If road freight engineers are required to do switching at intermediate points, where switch engines are on duty, except to extent provided for in this Section (B), as affected by the third, fourth and fifth paragraphs of Section (I), they shall be compensated therefore in accordance with payment provided for in Section (C) of this article.  There shall be no claims from yard engineers because of such service.

2. (BLE National Agreement amended May 13, 1971).  At intermediate points a road freight engine crew may be required to perform the following work in connection with its own train at points where yard crews or hostlers are on duty, which will not be deemed switching within the meaning of this agreement.

Make one pickup and/or setout at each point between the limits of the crew's initial and final terminals.

NOTE: The pickups and/or setouts made by road freight crews as appears in this Article shall be confined to straight pick up and set out not involving the handling of cars not in its train or to be placed in its train.  Nothing in this Article shall limit carrier from requiring the use of more than one track providing the minimum number of tracks will be used and the carrier shall have the right to select the track used, and provided further that where it is necessary to use more than one such track to hold the cars it is not required that any track be filled to capacity.

The foregoing provisions of this Article B(2) are not intended to Impose restrictions with respect to any operation where restrictions did not exist prior to the date of the May 13, 1971 National Agreement.

C. Except to extent provided for in paragraphs 2 and 3 of Section (A), through freight engineers making up or putting away their trains, or performing switching, at initial or final terminals, where switch engines are not on duty, shall be paid separately therefore an minute basis with a minimum of one hour at pro rate rates, as per class of engine; provided, however, if road overtime accrues, computed from time required to report for duty until final relief, and this overtime at time and one-half rates is greater than the payment due for the initial and final terminal switching at pro rate rates, the road overtime will be paid and the terminal switching payments eliminated.  In no case will both the arbitrary payments for switching and road overtime be made.

D. Except to extent provided for in paragraphs 2 and 3 of Section (A), local freight engineers whose initial or final terminal is a division home terminal will, where switch engines are not on duty, be paid at such division home terminal for making up and putting away their trains or performing switching; this payment shall be made separately at pro rate road rates as per class of engine used, with a minimum of one hour; provided, however, if road overtime accrues computed from time required to report for duty until final release, and this overtime at time and one-half rate, is greater than the payment due for the initial and final terminal switching at pro rate rates, the road overtime will be paid and the terminal switching payment eliminated. in no case will payment for both the arbitrary and road overtime be made.  

Division home terminals referred to in this Section (D) are as follows:

DIVISION	SENIORITY DISTRICT	LOCATION
Piedmont	Washington	Alexandria
	Danville	Linwood
	Richmond	Richmond
	Albemarle	Raleigh (Middle Dist.)
	Winston-Salem	Winston-Salem
	Charleston	Charleston
	Asheville	Asheville
	Columbia	Columbia
	Charlotte North	Greenville
	Charlotte South	Atlanta
Georgia	Atlanta North/South	Atlanta
	GS&F	Macon
Tennessee	Knoxville	Knoxville
	Memphis	Sheffield
	Appalachia	Appalachia
Alabama	Birmingham East/West	Birmingham
	Mobile	Selma
	NA	Sheffield
	AGS	Birmingham
	AGS	Chattanooga
	AGS	Meridian
	NONE	Meridian
Kentucky	Louisville	Louisville
	St. Louis	Louisville-Princeton
	CNO&TP 1st	Cincinnati
	CNO&TP 2nd	Danville
	CNO&TP 3rd	Chattanooga

and payments as provided in said section, are to be made at such points. All other points are covered by provisions of Section (F) hereof.

NOTE To 15(B), (C) and (D): 
In calculating time engaged in switching where payment is provided for under Sections (a), (C) and (D), above, it is understood that such time shall be computed as follows:

1. At initial terminal time will be computed continuously from the time reporting for duty until the switching is completed and the train coupled together; when so coupled road time will commence.

2. Final terminal switching time will be computed from time when final movement of train is completed in yarding the train until all switching is completed and the crew is finally released.  Payment under this paragraph 2 shall be as follows:

(a) Compute final delay under Article 22.

(b) Compute time to be paid for as switching under Article 15.

(c) Pay whichever is greater, the intention being that there shall be no payment for both, but one payment which shall be the larger.

E. The provisions of Sections (A), (6), (C), (D) and (I) shall not apply to branch, road switcher, specified and anomalous runs listed as excepted runs in the schedule.

F. Local freight engineers running into or out of terminals (other than division home terminals named above) and mine runs, switcher helpers and road switcher engineers at all points, where switch engines are not on duty, will not be paid for work performed unless it accrues on road miles per hour basis.

NOTE 1: The word "terminals" as used in this Section (F) shall be deemed to include as a terminal within the meaning of the word as herein used the local freight trains, mine runs, switcher helpers and road switcher engineers own terminal (either initial or final), provided that such initial or final terminal of such local is not a division home terminal covered by Section (D) of this article.

NOTE 2: Where the words "when yard engines are on duty,, appear in this Article they mean that such engine is working at the time, and, similarly, when the words "not on duty" appear it means that such engine is not working.  It has no relation to whether or not an engine may be assigned at said point during some other part of the day.

G. 1. At initial, final or intermediate terminals, where yard engineers have been employed and paid as such since June 1, 1929, when no yard engines are employed, and road crews are required to switch as much as 4 hours and 30 minutes in any 8 hour period for three consecutive calendar days, excluding Sundays and holidays, a yard engineer will be assigned.

2. At such points where a single shift engine is employed and road crews switch as much as 4 hours and 30 minutes in any a hour period, when a yard engine is not on duty, for three consecutive calendar days, excluding Sundays and holidays, a second yard engineer will be assigned.

3. At such points where two yard shifts are employed and road crews switch as much as 4 hours and 30 minutes in any 8-hour period, when a yard engine is not on duty, for three consecutive calendar days, excluding Sundays and holidays, an additional yard engineer will be assigned.

4. If a yard engineer is put on at any points under paragraphs 1, 2, or 3 of this Section (G) and the amount of switching performed by such engineer falls under the limits set forth in such paragraphs, such yard engineer, or engineers, may be discontinued.

5. When yard engineers are not assigned according to the requirements of this Section (G) hereof, the employee entitled to the work will be paid a minimum of 8 hours at yard rates for each day not so assigned.

In computing switching time under paragraphs 1, 2, 3, or 4 of this Section (G) switching service performed by switcher helpers, road switchers or mine runs shall not be considered.

H. List of points where yard engineers are now employed or where yard engineers have been employed and paid as yard engineers since July, 19 1929.

ROAD, YARD AND INCIDENTAL WORK

Section 1 - Road Crews

Road crews may perform the following work in connection with their own trains without additional compensation:

(a) Get or leave their train at any location within the initial and final terminals and handle their own switches. When a crew is required to report for duty or is relieved from duty at a point other than the on and off duty point fixed for that assignment and such point is not within reasonable walking distance of the on and off duty point, transportation will be provided.

(b) Make up to two straight pick-ups at other location(s) in the initial terminal in addition to picking up the train and up to two straight set-outs at other location(s) in the final terminal in addition to yarding the train; and, in connection therewith, spot, pull, couple, or uncouple cars set out or picked up by them and reset any cars distributed.

(c) In connection with straight pick-ups and/or set-outs within switching limits at intermediate points where yard crews are on duty, spot, pull, couple or uncouple cars set out or picked up by them and reset any cars distributed in connection therewith.

(d) Perform switching within switching limits at times no yard crew is on duty. On carriers on which the provisions of Section 1 of Article V of the June 25, 1964 Agreement are applicable, time consumed in switching under this provision shall continue to be counted as switching time. Switching allowances, where applicable, under Article V, Section 7 of the June 25, 1964 Agreement or under individual railroad agreements, payable to road crews, shall continue with respect to employees whose seniority in engine or train service precedes the date of this Agreement and such allowances are not subject to general or other wage increases.

(e) At locations outside of switching limits there shall be no restrictions on holding onto cars in making set-outs or pick-ups, including coupling or shoving cars distributed in making set-outs or pick-ups.

Questions and Answers

Q-1: In application of the provisions of Section 1(b), of Article VIII, is there any limit to the couplings that road crews can be required to make when picking up cars?

A-1: The language "spot, pull, couple or uncouple cars set out or picked up by them and reset any cars disturbed" in Sections 1(b) and (c) of Article VIII was intended to apply to setting out and picking up cars and no limit is imposed on the number of couplings a crew may make when performing such work.

Q-2: Under the provisions of Section1(a) a crew is relieved from duty at a point short of the off-duty point of the assignment, and is provided transportation to the off-duty point. How are the time and miles involved for such a trip computed?

A-2: The time would be continuous until reaching the off-duty point. Computation of the miles depends on local rules and practices.

Q-3: Train to be yarded in Track B of bowl yard makes a set-out at east yard, a set-out in Track A of the bowl yard, yards the balance of train in Track B, and then places caboose on the caboose track. Track B of the bowl yard would have held the balance of the train after the set-out at east yard. It is our understanding that the set-out in Track A of the bowl yard is a second set-out in the final terminal. Is this the correct interpretation of the rule?

A-3: No.

Q-4: Can we required an inbound crew to shove their setouts to a particular spot on the yard track, i.e. to air hose or the bottom of the track?

A-4: Yes.

Q-5: An outbound crew picks up cars from the A Yard, from the B Yard and couples to the caboose in the C Yard. When would initial terminal delay cease, upon departure from the A Yard or when the train is assembled with the caboose in the C Yard?

A-5: There has been no change in the application of ITD Rules.

Q-6: May road crews now be required to pick up or set out cars in a foreign carrier's yard or in their own yard in connection with solid over-the-road train movements under Article VII of the 1972 Agreement?

A-6: Article VIII did not change the existing interpretations regarding solid over-the-road train operations.

Section 2 - Yard Crews

(a) Yard crews may perform the following work outside of switching limits without additional compensation except as provided below:

(i) Bring in disabled train or trains whose crews have tied up under the Hours of Service Law from locations up to 25 miles outside of switching limits.

(ii) Complete the work that would normally be handled by the crews of trains that have been disabled or tied up under the Hours of Service Law and are being brought into the terminal by those yard crews. This paragraph does not apply to work train or wrecking service.

Note: For performing the service provided in (a) (i) and (ii) above, yard crews shall be paid miles or hours, whichever is the greater, with a minimum of one (1) hour for the class of service performed (except where existing agreements require payment at yard rates) for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction there from for the time consumed outside of switching limits. Such payments are limited to employees whose seniority date in engine or train service precedes November 1, 1985 and is not subject to general or other wage increases.

(iii) Perform service to customers up to 20 miles outside switching limits provided such service does not result in the elimination of a road crew or crews in the territory. The use of a yard crew in accordance with this paragraph will not be construed as giving yard crews exclusive rights to such work. This paragraph does not contemplate the use of yard crews to perform work train or wrecking service outside switching limits.

(iv) Nothing in this Article will serve to prevent or affect in any way a carrier's right to extend switching limits in accordance with applicable agreements. However, the distances prescribed in this Article shall continue to be measured from switching limits as they existed as of July 26, 1978, except by mutual agreement.

(b) Yard crews may perform hostling work without additional payment or penalty.

Questions and Answers

Q-1: Is it correct to assume that under Section 2(c) of Article VIII no additional payment would be required for a yard crew serving customers up to 20 miles outside switching limits?

A-1: Yes.

Q-2: Under Section 2 - Yard Crews - Can we now have a reduced yard crew go the 25 mile limit and perform a local work inbound with the train relieved due to the hours of service law?

A-2: The yard crew may be required to perform the local work inbound with the train relieved; however, that portion of the question relating to a "reduced" yard crew may depend on local crew consist agreement.

Q-3: Does the term "hostling work" in Section 2(e) include hostling work inside switching limits?

A-3: Yes.

Q-4: Does service pursuant to Section 2(c) of Article VIII require compilation of equity reports?

A-4: No.

Section 3 - Incidental Work

Road and yard employees in engine service and qualified ground service employees may perform the following items of work in connection with their own assignments without additional compensation:

(a) Handle switches

(b) Move, turn, spot and fuel locomotives

(c) Supply locomotives except for heavy equipment and supplies generally placed on locomotives by employees of other crafts

(d) Inspect locomotives

(e) Start or shutdown locomotives

(f) Make head-end air tests

(g) Prepare reports while under pay

(h) Use communication devices; copy and handle train orders, clearances and/or other messages

(i) Any duties formerly performed by fireman.

Section 4 - Construction of Article

Nothing in this Article is intended to restrict any of the existing rights of a carrier.

This Article shall become effective June 1, 1986 except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representatives on or before such date.

This refers to Article VIII - Road, Yard and Incidental Work - of the Agreement of this date.

This confirms the understanding that the provisions in Section 3, thereof, concerning incidental work, are intended to remove any existing restrictions upon the use of employees represented by the BLE to perform the described categories of work and to remove any existing requirements that such employees, if used to perform the work, be paid an arbitrary or penalty amount over and above the normal compensation for their assignment. Such provisions are not intended to infringe upon the work rights of another craft as established on any railroad.

It is further understood that paragraphs (a) and (c) of Section 3 do not contemplate that the engineer will perform such incidental work when other members of the crew are present and available.

This refers to Section 3, Incidental Work, of Article VIII.

It was understood that the reference to moving, turning, spotting and fueling locomotives contained in Section 3(b) includes the assembling of locomotive power, such as rearranging, increasing or decreasing the locomotive consist. It is not contemplated that an engineer will be required to place fuel oil or other supplies on a locomotive if another qualified employee is available for that purpose.

ROAD/YARD WORK

Section 1

(a) Pursuant to the new road/yard provisions contained in the recommendations of Presidential Emergency Board No. 219, as clarified, a road crew may perform in connection with its own train without additional compensation one move in addition to those permitted by previous agreements at each of the (a) initial terminal, (b) intermediate points, and (c) final terminal. Each of the moves - those previously allowed plus the new ones - may by any of the those prescribed by the Presidential Emergency Board: pick-ups, set-outs, getting or leaving the train on multiple tracks, interchanging with foreign railroads, transferring cars within a switching limit, and spotting and pulling cars at industries. When the agreement was changed by PEB 219 to read pick ups and set outs in your initial and final terminals, what is your train? Anything you pickup within the terminal becomes part of your train.

(b) The switching allowances referred to Article VIII, Section 1(d) of the May 19, 1986 Award of Arbitration Board No. 458 shall continue with respect to employees whose seniority in engine or train service precedes May 19, 1986 and such allowances are not subject to general or other wage increases.

(c) The crew of an over-the-road solid run-through train may perform once move as prescribed, in addition to delivering and/or receiving their train in interchange.

Section 2 - Protection

(a) Employees adversely affected by the provisions of Section 1 of this Article shall receive the protection afforded by Article 1 (except Section 4) of the New York Dock Protective Conditions (Appendix III, F.D. 28250).

(b) Where employees of terminal companies are affected by the additional relief granted carriers by the provisions of Section 1 of this Article, rosters shall be topped and bottomed on the appropriate roster of each owning line, maintaining prior rights. The carrier and employee representatives shall agree upon a method to top and bottom rosters, as provided above, to protect the seniority interests of affected terminal company employees.

SPECIAL RELIEF, CUSTOMER SERVICE - YARD CREWS
(As per 1991 PEB)

(a) When an individual, carrier can show a bona fide need to obtain or retain a customer by servicing that shipper outside of the existing work rules related to starting times and yard limits for yard crews, such service may be instituted on an experimental basis for a six-month period.

(b) Prior to implementing such service, the carrier will extend at least 14 days' advance written notice to the General Chairman of the employees involved. The notice will include an explanation of the bona fide need to provide the service, a description of the service, and a listing of the work rules related to starting times and yard limits for yard crews which are at variance with existing agreements.

(c) A Joint Committee, comprised of an equal number of carrier representatives and organizations representatives, shall be constituted to determine whether a bona fide need exists to provide the service. If the Joint Committee has not make its determination by the end of the 14 day advance notice period referenced in Paragraph (b), it shall be deemed to be deadlocked, and the service will be allowed on an experimental basis for a six-month period. If, after the six months have expired, the organization members of the Joint Committee continue to object, the matter shall be referred to arbitration.

(d) If the parties are unable to agree upon an arbitrator within seven days of the date of the request for arbitration, either party may request the National Mediation Board to appoint an arbitrator. The fees and expenses of the arbitrator will be shared equally be the parties.

(e) The determination of the arbitrator shall be limited to whether the carrier has shown a bona fide need to provide the service requested or can provide the service without a special exception to the existing work rules related to starting times and yard limits for yard crews being made at a comparable cost to the carrier.

Nothing in this Article is intended to restrict any of the existing rights of a carrier.

This Article shall become effective November 17, 1991 except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representatives on or before such date.

I. Conversion from through freight to local freight rates.

1. When through freight crews are required to do switching on line of road which is not incident to or a part of their train movement, they will be paid local freight rates. Picking up and setting off cars shall be considered part of their train movement. If in setting out cars crews are required to place cars at a certain pint designated track for loading or unloading, local freight rates will be paid. This does not apply to branch, specified and anomalous runs listed as excepted in the schedules.

2. Through freight trains will be classified before leaving terminal to extent of placing short haul cars on the head end; in so placing cars for short haul points, they shall be placed together. If through freight engineers are instructed to set cars out short of original destination, they will, if more than two setouts of such original destination, they will, if more than two setouts of such cars are made from their train, be paid local freight rates. This shall not apply to cars containing perishables which are diverted by shipper's order.

NOTE: The specification that cars for short haul points shall be placed together means that leaving initial terminal short haul cars for each destination shall be together and all short haul cars shall be placed on head end of train; it does not, however, require that such short haul cars need be in station order. Initial terminal as used herein means within yard limit boards governing the yard from which train leaves.

3. Through freight engineers shall not be required to pick up cars between terminals other than livestock, perishable or merchandise which are not destined to or beyond final terminal of the run handling same. If required to pick up and handle cars other than those specified above, shall be paid local freight rates. Merchandise cars as referred to in this paragraph are cars loaded at freight station or team tracks and not solid cars loaded at industries. It is understood that this paragraph does not, nor is it intended to, apply to any class of freight cars going to or beyond the terminal of the run handling.

Article IV - Section 3 - Conversion to Local Freight Rate (1991 PEB)

When employees in through freight service become entitled to the local rate of pay under applicable conversion rules, the daily local freight differential (56 cents for engineers and 43 cents for firemen under national agreements) will be added to their basic daily rate and the combined rate will be used as the basis for calculating hourly rates, including overtime. The local freight mileage differential (.56 cents per mile for engineers and .43 cents for firemen under national agreements) will be added to the through freight mileage rates, and miles in excess of the number encompassed in the basic day in through freight service will be paid at the combined rate.

This page last updated: 03/06/2005