1. except as provided in
paragraph (2) and the exception under paragraph (6) employees in train
service will not be tied up unless it is apparent the trip cannot be
completed within the lawful
time, and not then, until after the expiration of ten hours on duty,
under the federal law, or within two hours of the time limit provided by
state laws, if state laws govern.
2. If employees in train
service are tied up in a less number of hours than provided for in the
preceding paragraph, their time will be computed up to expiration of ten
(10) hours after reporting for duty and they will again be considered as
on duty and under pay beginning at the expiration of their rest period
computed from the time they were actually relieved.
NOTE: It is agreed that the
provisions of this rule will be considered inapplicable unless a rest
period of eight hours or more be afforded, and that where relief is less
than eight hours, time will be computed under other applicable rules of
the schedule. In other
words, if relieved prior to expiration of the
tenth hour and given as much as eight hours rest, rule will be
applied and time computed up to the expiration of the 10th hour and, as
provided in the rule, he will again go on duty and under pay at the
expiration of his rest period, computed from the time actually relieved.
Tied up means, put in a hotel where ever you are at, it does not include
being relieved and transported to your home or away from home terminal.
3. When employees in train service are tied up between terminals, under
the law, they shall again be considered on duty and under pay
immediately upon the expiration of the minimum legal period off duty,
applicable to any member of the road crew, either eight or ten hours,
shall be the period of rest for the entire crew.
4. Continuous trip will cover the movement, straightaway or turnaround,
from initial point to the destination train is making when required to
tie up. If any change is
made in the destination after the crew is released for rest, a new trip
will commence when the crew resumes duty.
5. Employees in train service, tied up under the law, will be paid
continuous time from initial point to tie-up point. When they resume
duty on a continuous trip, they will be paid from tie-up point to
terminal on the following basis: For
fifty (50) miles or less, or four (4) hours of less, fifty (50) miles
pay; for more than fifty (50) miles and up to one hundred (100) miles,
or over four (4) hours and up to eight (8) hours, one hundred (100)
miles pay; over one hundred (100) miles, or over eight (8) hours, at
schedule rates. It is
understood that this article does not permit engineers to be run through
terminals unless such practice is permitted under the schedule.
6. Employees in train service tied up for rest under the law and then
toward or deadheaded into terminals, with or without engine or caboose,
will be paid therefore miles or hours, whichever is the greater from the
tie-up point to the next tie-up point, or the terminal, the same as if
they had run the train to such terminal.
NOTE: It is agreed that the
phrases "tied up" and "tied up for rest" mean tied
up for rest for the required statutory period, eight or ten hours, as the
case may be, under the Hours of Service Law.
Therefore, if crew is tied up for less than the statutory rest
period, continuous time will apply.
1. When the line is obstructed by wrecks, washouts, or similar emergency,
the foregoing regulations governing the method of pay under the Hours of
Service Law will not apply; crews may be tied up for rest and the time
deducted with the understanding that payment will be made for not less
than a minimum day up to point tied up and that the crew shall be
considered as again on duty and as commencing a new day upon the
expiration of eight (8) hours from the time relieved at tie-up point, or
at the time of again going on duty if required to report earlier.
NOTE: An engine failure to the extent that it cannot move itself, thereby
blocking the main line, constitutes an emergency within the meaning of
this exception.
2. Employees in train service tied up in obedience to law will not be
required to watch or care for engines or perform other duties during the
time tied up.
3. The carrier will provide meal allowance,
lodging and transportation, if necessary, to crews released on
line-of-road for four hours or more under the Hours of Service Law.
4.
Switch engineers required to work twelve hours will resume work when
their reset is up under the federal law, and then be permitted to work
eight hours, or paid therefore provided such day is not the employee's
assigned off day.