Article 41

Article 41
Arbitraries, Special Allowances and Interchange Service

A. ARBITRARIES AND SPECIAL ALLOWANCES

Where it has been the practice or rule to pay a yard engine crew or either member thereof arbitraries or special allowances, or to allow another minimum day for extra or additional service performed during the course of or continuous after the end of the regularly assigned hours, such practice or rule is hereby eliminated, except where such allowances are for individual service not properly within the scope of yard service, or as provided in Section (B).

Duplicate Time Payments

(a) Duplicate time payments, including arbitraries and special allowances that are expressed in time or miles or fixed amounts of money, shall not apply to employees whose seniority in engine or train service is established on or after November 1, 1985.

(b) Duplicate time payments, including arbitraries and special allowances that are expressed in time or miles or fixed amounts of money, not previously eliminated, shall not be subject to general, cost-of-living or other forms of wage increases.

B. SERVICE OUTSIDE SWITCHING LIMITS

Where regularly assigned to perform service within switching limits, yardmen shall not be used in road service when road crews are available, except in case of emergency. When yard crews are used in road service under conditions just referred to, they shall be paid miles or hours, whichever, is the greater, with a minimum of one hour, for the class of service performed, in addition to the regular yard pay and without any deduction there from for the time consumed in said service.

NOTE 1: A road crew is available when rest is up and is subject to call.

NOTE 2: Not applicable when switching industries as provided in Article 15(J).

C. INTERCHANGE SERVICE (BLE National Agreement of May 13, 1971)

1. Carrier has the right to make interchange movements with yard, belt line or transfer engine crews and such crews may be required to handle interchange movements to and from a connecting carrier without being required to run light in either direction.

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

INTERCHANGE (Last Modified by 1991 PEB)

1. a. At points where yard crews are employed, road freight crews may be required to receive their over-the-road trains from a connecting Carrier or deliver their over-the-road trains to a connecting Carrier provided such trains are solid trains, except as provided in b. below, which move from one Carrier to another intact with or without motive power and/or caboose.

b. The crew of an over-the-road solid run-through train may performed one move as prescribed in the second sentence of Paragraph A.4.b. of this Article 23, in addition to delivering and/or receiving their train in interchange.

2. If road crews referred to in Paragraph 1. above are not required to return or deliver their motive power and/or their cabooses to or from their on or off duty points an alternate means of transportation will be provided.

3. At designated interchange points if a Carrier does not now have the right to specify additional interchange tracks it may specify such additional track or tracks as the Carrier deems necessary provided such additional track or tracks are in close proximity. Bulletins specifying additional tracks will be furnished the General Chairperson(s) involved prior to the effective date.

4. If the number of cars being delivered to or received from interchange tracks of a connecting Carrier exceeds the capacity of the first track used, it will not be necessary that any one interchange track be filled to capacity before use is made of an additional track or tracks provided, however the minimum number of tracks necessary to hold the interchange will be used.

5. Crews used in interchange service may be required to handle interchange to and from a foreign Carrier without being required to run "light" in either direction.

Work equities between Carriers previously established by agreement, decision or practice will be maintained with the understanding that such equity arrangements will not prevent Carriers from requiring crews to handle cars in both directions when making interchange movements. Where Carriers not now using yard and transfer crews to transfer cars in both directions desire to do so, they may commence such service and notify the General Committees of the railroad involved thereof to provide an opportunity to the General Committees to resolve any work equities between the employees of the Carriers involved. Resolution of work equities shall not interfere with the operations of the Carriers or create additional expense to the Carriers. It is agreed, however, that the Carriers will cooperate in providing the committees involved with data and other information that will assist in resolution of work equities.

6. The provisions of this Article are not intended to impose restrictions with respect to interchange operation where restrictions did not exist previously.

ENHANCED CUSTOMER SERVICE (Modified by 1991 PEB)
Special Relief, Customer Service - Yard Crews of the UTU Implementing Document of November 1, 1991, Document A, is amended to read as follows and furthermore shall be applicable to all Carriers party to this Agreement:

1. a. When an individual Carrier has a customer request for particularized handling that would provide more efficient service, or can show a need for relaxation of certain specific work rules to attract or retain a customer, such service may be instituted on an experimental basis for a six-month period.

b. Prior to implementing such service, the Carrier will extend seven (7) days' advance notice where practicable but in no event less than forty-eight (48) hours' advance notice to the General Chairperson of the employees involved. Such notice will include an explanation of the need to provide the service, a description of the service, and a description of the work rules that may require relaxation for implementation. Relaxation of work rules that may be required under this Paragraph G. shall be limited to: starting time, yard limits, calling rules, on/off duty points, seniority boundaries, and class of service restrictions.

c. A Joint Committee, comprised of an equal number o Carrier representatives and Organization representatives, shall determine whether a need exists, as provided in Paragraph 1.a. above, to provide the service. If the Joint Committee has not made its determination by the end of the advance notice period referenced in Paragraph 1.b. above, it shall be deemed to be deadlocked, and the service will be allowed on an experimental bases for a six-month period. If, after the six-months has 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 provide a list of five potential arbitrators, from which the parties shall choose the arbitrator through alternate striking. The order of such striking shall be determined by coin flip unless otherwise agreed by the parties. The fees and expenses of the arbitrator shall be borne equally by 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 existing work rules being made at a comparable cost to the Carrier. If the arbitrator determines that this standard has not been met, the arbitrator shall have the discretion to award compensation for all wages and benefits lost by an employee as a result of the Carrier's implementation of its proposal.

2. This Article is not intended to restrict any of the existing rights of a Carrier.

SIDE LETTER #10 1996 BLE AGREEMENT

This confirms our understanding regarding Article IX Enhanced Customer service of the Agreement of this date.

In recent years the rail freight sector of the transportation market place has taken steps toward a more competitive discipline which, if successful, could point the rail industry toward more growth. The parties to this Agreement are intent on nurturing these improvements. In this respect we mutually recognize that an important reason underlying the recent improvement has been enhanced focus on customer needs and improved service as the framework for working conditions. Increase employee productivity and more immediate responses to customer needs by railroad employees at all levels have been and will continue to be at the very heart of this effort.

In order to continue these recent improvements, the parties intend to respond to customers' needs with even greater efforts. In Article IX, we have developed a framework for achieving our mutual goal of retaining existing customers and attracting new business by providing more efficient and expedient service, including relaxation of work rules specified therein where and to the extent necessary for those purposes. We are also in accord that these undertakings should appropriately recognize the interests of affected employees in fair and equitable working conditions.

QUESTIONS AND ANSWERS
(Enhanced Customer Service)

Question #1: What is the intent of the parties with respect to the provision in Paragraph 1.b. which states "..., the Carrier will extend seven (7) days advance notice where practicable but in no event less than forty-eight (48) hours advance notice..."?

Answer: The intent was for the Carriers to routinely give as much advance notice as possible to the involved UTU General Chairperson(s) prior to implementation of the proposed service under Paragraph 1.a.

Question #2: Should the Carrier notify the General Chairperson(s) in writing when and where it intends to establish such service and identify the involved customer?

Answer: Yes, and such notification should include the specific rule(s) where relief or relaxation is requested.

Question #3: What will prevent the Carrier from routinely furnishing the minimum notice under the rule, i.e., 48 hours, prior to implementing the desired service?

Question #4: Is it the intent of the parties that the Joint Committee referred to in Paragraph 1.c. will be established and meet at the location where the proposed service is to be implemented?

Answer: The Committee will confer by whatever means are appropriate and practical to the circumstances, including telephonically.

Question #5: Can the Carrier require a yard crew from one seniority district to meet the service requirements of a customer if such customer is located in road territory in another seniority district on that Carrier within the combination road-yard service zone?

Answer: The Carrier's rights under this are limited to certain identified rules under defined circumstances, provided that the Carrier has complied with all applicable requirements set forth therein. Any Carrier proposal under this Paragraph which, in the opinion of the UTU President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the UTU President and the NCCC Chairperson.

Question #6: Does this rule permit the use of road crews to perform customer service within switching limits?

Question #7: Can the Carrier be considered a customer in the application of this rule?

Answer: The word "customer", as used in Paragraph 1.a., was not meant to apply to the Carrier.

Question #8: Is there any limitation as to the number of miles a yard crew may be required to travel in road territory in order to provide the customer service contemplated by this rule?

Answer: Yes. Yard crews are limited to the minimum number of miles necessary to accomplish the service consistent with the spirit and intent of the parties.

Question #9: Where customer service can be accomplished by a road crew, is the Carrier within the intent of the rule to establish the use of a yard crew to perform this work?

Answer: The Carrier's use of yard crews must meet the requirements of the rule.

Question #10: Does this supersede the Road/Yard Service zone established under Article VIII; Section 2(c) of the October 31, 1985 National Agreement or the agreed upon interpretations pertaining thereto?

Answer: No, this amends Article VIII - Special Relief, Customer Service - Yard Crews of the UTU Implementing Document of November 1, 1991, Document A.

Question #11: Does this contemplate the use of yard crews from one seniority district or Carrier to perform service for a customer which is located on the line of another Carrier?

Answer: It is not the intent of the rule to permit yard crews from one Carrier to substitute for yard crews of another unrelated Carrier.

Question #12: Are any employee protective provisions applicable to employees adversely affected by the institution of service under this Article?

Answer: As set forth in this article.

Question #13: Does this contemplate the establishment of split-shifts in yard service?

Answer: No.

Question #14: This Article requires that the Carrier show a "bonafide" need for the rule relief requested or that it cannot provide the service at a "Comparable Cost" under the existing rules. Will the Carrier's burden of proof in this regard be met simply by showing that the customer service can be accomplished at a reduced cost?

Answer: No, a Carrier will also have to demonstrate compliance with this Article

Question #15: If a yard crew is providing particularized service to a customer under this rule, may the Carrier properly require the yard crew to provide service to other industries located in the area or along the line?

Answer: The Carrier's rights under this Article are limited to certain identified rules under defined circumstances, provided that the Carrier has complied with all applicable requirements set forth therein. Any Carrier proposal under this Paragraph which, in the opinion of the UTU President, is egregiously inconsistent with the intent of the rule will not be implemented without conference between the UTU President and the NCCC Chairperson.

Question #16: May the Carrier use a road crew to provide service to a customer within the switching limits of a terminal?

Question #17: Will a yard crew used in accordance with this Article have its work confined solely to meet the specific service requirements:

Question #18: Can employees of a Carrier who may be restricted by physical disabilities or for disciplinary reasons from performing road service on that Carrier be used to perform such service under this Article?

Answer: No.

Question #19: If a Carrier fails to comply with the provisions of this Article, what remedy is available to employees adversely affected by the Carrier's implementation of its proposal?

Answer: The arbitrator is authorized to fashion a remedy appropriate to the circumstances under this Article.

QUESTIONS AND ANSWERS
(Interchange)

Question #1: Does the agreement permit the UTU members of a crew to "runaround" a train delivered to another Carrier and remove its caboose to handle back to the crew’s tie-up point?

Answer: Yes, when a road crew is required to deliver a solid train to a connecting Carrier, the Carrier can require the road crew to remove its caboose and return to its tie-up point.

Question #2: Is it permissible to require a crew to double with more cars than necessary for the explicit purpose of getting all cars with a common destination in one track when the initial track will not accommodate the entire interchange cut?

Answer: Yes, provided that the number of cars being interchanged exceeds the capacity of the first track used. This Article provides that when the number of cars being interchanged exceeds the capacity of the first track used it is not necessary that any one interchange track be filled to capacity. However, the Article also stipulates that the minimum number of tracks necessary to hold the interchange will be used and if the number of cars being interchanged does not exceed the capacity of the first track used, you would be restricted to that track.

Question #3: Under the "minimum number of tracks" concept is it permissible to double excess cars from a track which would have accommodated the entire cut to a track which won’t accommodate the entire cut?

Answer: No.

Question #4: On a day when Carrier "A" has no interchange cars from Carrier "B"; but nevertheless has a "pull-back" arrangement with Carrier "B", may the Carrier "A" crew be required to go "light" to Carrier "B" in order to pull-back cars from Carrier "A"?

Answer: Yes. The Article does not preclude a Carrier from requiring an interchange crew to run light in the situation described.

Question #5: Does the term "connecting Carrier" include switching or terminal companies?

Answer: Yes.

Question #6: Does this Article contemplate that road crews engaged in solid train movements will have their on and off duty points changed by reason of such movements?

Answer: No. Existing rules or practices concerning the designation of on and off duty points are not changed.

Question #7: Does this Article contemplate the elimination of modification of initial and final terminal delay rules?

Answer: No.

Question #8: May road crews be required to go beyond the point where yard crews effect interchange with a connecting Carrier?

Answer: Such movements must be confined to tracks on which the Carrier has the right to operate with road, yard or transfer crews.

Question #9: Where prior to the January 27, 1972 Agreement a Carrier yarded their trains in the yard of a terminal company and the terminal company performed all necessary yard service including interchange with connecting Carriers, does this Article now permit such Carrier to operate through the terminal company’s yard and effect the interchange of a solid over-the-road train to a connecting Carrier with its own road crews?

Answer: Yes, assuming a Carrier has trackage rights through a terminal company yard to an interchange point of a connecting Carrier.

Question #10: May a road crew making a delivery of a solid-over-the-road train to a connecting Carrier be required to return cars from the connecting Carrier to their own yard?

Answer: Yes.

Question #11: What do the words "close proximity" mean as used in Paragraph G.3.

Answer: As being next to or very near the existing interchange track or tracks.

Question #12: "Crews used in interchange service may be required to handle interchange to and from a foreign Carrier without being required to run 'light' in either direction." Does this mean yard, belt line and/or transfer crews?

Answer: Yes.

Question #13: Does the language "over-the-road" and "solid trains" mean that trains must consist of cars all destined for a connecting Carrier and operated by the delivering Carrier from terminal to terminal intact in order to permit its delivery to a connecting Carrier?

Answer: No. The Carrier’s right to make normal pick-ups and set-outs at intermediate points is not affected by this Article. The language "over-the-road" and "solid trains" means an over-the-road train must be a "solid train" in the movement(s) performed by the road crew within the terminal where its receipt from or delivery to a connecting Carrier is effected. However, the crew of the "over-the-road" train may perform one move in accordance with this Article. A Carrier may not bring an otherwise unqualified train within the application of this Article. by making a set-out or set-outs for that sole purpose immediately prior to entering such terminal.

This page last updated: 03/06/2005