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Article
22
Terminal Delay (Through Freight Service)
(Applies to pre 1985 Employees)
A.
1. (Omitted) Passenger Service (see page 63 of 1982 BLE Agreement)
Initial
Terminal Delay (Freight Service)
Through
Freight Service
2.
Initial terminal delay shall be paid on a minute basis to
engineers in through
freight service after one (1) hours and fifteen (15) minutes unpaid
terminal time has elapsed from the time of reporting for duty up
to
the time the train leaves the terminal, at one-eighth (1/8th) of the
basic
daily
rate, according to the class of engine used, in addition to the full
mileage, with the understanding that the actual time consumed in the
performance
of service in the initial terminal for which an arbitrary
allowance
of any kind is paid shall be deducted from the initial terminal time
under this rule.
NOTE:
The phrase "train leaves the terminal"
means when the train actually
starts on its road trip from the yard
track
where the train is first made
up.
Where mileage is allowed between the point of reporting for duty
and the point of departure from the track on which the train is first made
up, each mile so allowed will extend by 4.8 minutes the period of one (1)
hour and fifteen (15) minutes after which initial terminal delay payment
begins.
NOTE:
The phrase "through freight
service"
as used in this rule does
not
include pusher, helper, mine
run,
shifter, roustabout, belt
line,
transfer, work, wreck,
construction,
circus train (paid
special
rates or allowances), road
switcher,
district runs, local
freight
and mixed service.
2. When road overtime
occurs during any trip or tour of duty, in no case will payment for both
initial terminal delay and overtime be paid, but whichever is the greater
will be paid.
3. When a tour of duty
is composed of a series of trips, initial terminal delay will be computed
on only the first trip of the tour of duty.
Final
Terminal Delay (Freight Service) 1986 BLE Agreement
When road overtime
occurs during any trip or tour of duty, in no case will payment for both
final terminal delay and overtime be paid, but whichever is the greater
will be paid.
Section
1 - Computation of Time
In
freight service all time, in excess of 60 minutes, computed from the time
engine reaches switch, or signal governing same, used in entering final
terminal yard where train is to be left or yarded, until finally relieved
from duty, shall be paid for as final terminal delay; provided, that if a
train is deliberately delayed between the last siding or station and such
switch or signal, the time held at such point will be added to any time
calculated as final terminal delay.
Section
2 - Extension of Time
Where
mileage is allowed between the point where final terminal delay time
begins and the point where finally relieved, each mile so allowed will
extend the 60 minute period after which final terminal delay payment
begins by the number of minutes equal to 60 divided by the applicable
overtime divisor (60/12.5 = 4.8; 60/13 = 4.6; 60/13.25 = 4.5; 60/13.5 =
4.4; etc.).
Section 3 - Payment Computation
All final terminal delay, computed as provided for in this
Article,
shall
be paid for, on the minute basis, at one-eighth (1/8th) of the basic
daily rate in effect as of June 30, 1986 according to
class
of service and engine used, in addition to full mileage of the
trip,
with the understanding that the actual time consumed in the performance
of service in the final terminal for which an arbitrary allowance
of any kind is paid shall be deducted from the final terminal
time under this Article. The
rate of pay for final terminal delay
allowance shall not be subject to increases of any kind.
After road overtime commences, final terminal delay shall not
apply
and road overtime shall be paid until finally relieved from
duty.
NOTE:
The phrase "relieved from duty" as
used in this Article includes time required
to make inspection, complete all
necessary reports and/or register
off
duty.
Questions
& Answers
Q-1:
Train (A) arrived at the point where
computation of final terminal delay time commenced
at 9:00 P.M. Road overtime
commenced at 10:10 P.M. and the
crew was relieved from duty at 10:30 P.M.
Under these circumstances, would
10 minutes final terminal delay and 20 minutes road overtime be the proper
payment?
A-1:
Yes.
Q-2:
When a crew commences final terminal delay
and then overtime becomes applicable,
is the mileage stopped when the final terminal delay payments stop
or does it continue while overtime is applicable?
A-2:
Article V does not change existing agreements
on the payment of mileage. Mileage
does not stop when pay for final terminal delay stops due to the overtime
threshold being reached; however, overtime does not start until the
time on duty exceeds the miles run divided by the appropriate overtime
divisor.
Section
4 - Multiple Trips
When
a tour of duty is composed of a series of trips, final terminal delay will
be computed on only the last trip of the tour of duty.
Section 5 -
Exceptions
This Article shall not apply to pusher, helper, mine run,
shifter,
roustabout,
transfer, belt line, work, wreck, construction, road
switcher
or district run service. This
Article shall not apply to
circus
train service. This Article
shall not apply to circus train
service
where special rates or allowances are paid for such service.
NOTE:
The question as to what
particular
service is covered by
the
designations used in Section 5
shall
be determined on each individual
railroad
in accordance with the rules
and practices in effect
thereon.
Questions
& Answers
Q-1:
What is the definition of "district run
service" as used in Section 5?
A-1:
Road Switcher service as defined in the May
25, 1951 and May 23, 1952 National
Agreements.
Section
6 - Local Freight Service
In
local freight service, time consumed in switching at final terminal shall
not be included in the computation of final terminal delay time.
This
Article shall become effective July 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
page last updated:
03/06/2005
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