ARTICLE I
CREW
CONSIST
1.
The basic Crew Consist Rules regarding standard or
modified crew size as set forth in pre‑existing Crew Consist Agreements
shall continue to apply to pool freight, assigned through freight,
local, road switcher, yard runs and other assignments, except as
amended by this Agreement.
2.
The Carrier shall be permitted to work
Conductor‑Only trains in pool freight service based on the following:
a. There shall be no car count or train length
limitations in the operation of trains with crews consisting of a
Conductor-Only.
b. Upon implementation of
this agreement, the Carrier may
commence "Conductor-Only" operations on those trains on which no
more than a total of three (3) work events are performed between the
initial and final terminal of the crew, regardless of length.
A work event is considered to be one
(1) straight pick‑up or one (1) straight set‑out. Picking up, setting
out, or exchanging one or more locomotives and setting out a bad order
car shall not be considered an event. Work performed in the initial
and/or final terminal(s) will be governed by applicable rules.
NOTE
1:
Straight
pickup or setout, as referred to above, means pickup of a car or cars
coupled together and first out that go together in one place in the
train; straight setout means setout of a car or cars coupled together
in the train that are set out in one movement. Hanging onto cars
already in the train in order to make a straight pickup or straight
setout is permissible under this agreement.
NOTE 2:
Each type of
move, pickup or setout will be considered as separate work events for
the purpose of application of this agreement. Thus a pickup and setout
at an intermediate point will count as two work events. Conductors working Conductor‑Only
trains will not be required to perform more than three work events nor
will they be censured or disciplined for refusal to do so.
c.
Conductor pools shall protect applicable pool
freight service. When a brakeman is needed for pool freight service,
the vacancy will be filled from the extra board protecting this service
in accordance with vacancy procedures. Brakemen used in pool freight
service shall be independent from the conductor and shall make the
return trip only when called by the Carrier. A brakeman working to the
away‑from‑home terminal shall not be worked back to the home terminal
as a conductor except in accordance with existing vacancy procedures.
Trainmen
held at the away-from-home terminal (HAHT) shall receive continuous
“held‑away‑from‑home terminal time after being held 16 hours. No more
than eight (8) hours of HAHT pay may be offset from an extra board
guarantee during any one stay at the away‑from‑home terminal.
In
no event will a brakeman be held at the away‑from‑home terminal more
than twenty‑four (24) hours. If not used by that time, the employee
will be deadheaded to the home terminal on the first and most
expeditious available transportation.
d.
It is understood that crews in pool freight service
may be operated with more crewmembers provided for in this agreement
should the Carrier deem it necessary. Local UTU and Carrier
representatives will review local operations on a regular basis to
ensure such operations are conducted to reflect the safest and most
efficient manner.
e.
A conductor‑only crewmember will not be censured,
disciplined or harassed if the conductor takes longer to perform work
than the time taken by a crew with two (2) or more employees.
f.
Conductor‑Only operations in pool freight service
shall also include the following:
i.
Made‑up pool crews used in accordance with
applicable rules to protect pool freight service.
ii.
Pool crews transported to a point between terminals
to handle a train from that point to the final terminal;
iii.
Pool freight service Hours of Service relief which
shall be subject to the three (3) work event restriction, but such
restriction will not be reduced by any work events which may have been
performed by the crew being relieved; and,
iv.
Business car specials and light engine (no cars)
operation.
3. The Carrier shall be
permitted to work Conductor‑Only /Foreman –Only assignments in through
freight, local, road switcher and yard service limited to the following:
i. Hours of Service relief (tow‑in only);
ii. Assigned
yard transfer runs (which includes incidental work such as coupling
cars in connection with the transfer movement so long as the cars are
on the minimum number of tracks but does not include switching); and,
iii. When one member of a Conductor/ Brakeman or
Foreman/Helper assignment leaves the assignment after going on duty,
the remaining member of the crew may complete the assignment, but only
to the extent that the work left to be performed will not involve or
require switching, when the remaining work only requires delivery
(replacing balance of cut of cars to a track or yarding
a transfer movement into a track).
4.
This Agreement does not preclude or restrict the Carrier's pre‑existing
agreement rights to establish or continue single‑position assignments
such as pilots, car retarder operators, herders, utility trainmen, etc.
5.
No sooner than twenty‑four (24) months after the implementation of this
agreement, the parties will meet and review the possibility of
Conductor Only/ Foreman‑Only operation in through freight, local,
road switcher and yard service. Any such discussions shall be directed
toward selected jobs.
Should the
parties be unable to reach agreement, either party may refer the issue
to arbitration. Arbitration shall be subject to the following
procedural requirements:
a. No arbitration until twelve (12)
months of local negotiations.
b. Arbitration shall be limited to
specific assignments;
c. The
arbitrator shall be limited to the issues involved in Conductor-Only/
Foreman‑Only Operations in
through freight, local, road switcher and yard service; and,
d. Expenses of the proceeding will
be borne by the party incurring them. The fees and expenses of the
arbitrator shall be shared equally by the parties.
