Article 32 Article 32
Article 32
Road/Yard Movements and Interchange
Section 1 - Road Employees Switching in Yards
Road freight crews may be required at any point yard crews are employed to do any of the following as part of their road trip, paid for as
such without any additional compensation and without penalty payments to yard crews, hostlers, etc.
A. 1. 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 distances of the on and off duty point, transportation will be provided.
2. Make up to two pick ups at other location(s) in the initial terminal in addition to picking up the train and up to two 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 disturbed.
3. Make one pick up and/or set out at each intermediate point between the limits of the crew's initial and final terminals.
4. In connection with 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 disturbed in connection therewith.
5. 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 disturbed in making set-outs or pick-ups.
6. A road crew may perform in connection with its own train without additional compensation one move in addition to those permitted by this
Article and 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 be any one of 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.
(a) Road crews may shove a train together when it is cut because of crossing or crossover.
(b) Road crews at initial, final, or intermediate points with or without cars may move to permit a yard crew to take off and/or add cars.
7. Perform switching within switching limits at time no yard crew is on duty.
8. Handle engines to and from train to ready track and engine house, including all units coupled to the operating unit(s) and exchange
engine(s).
9. Switch out defective cars.
Section 2 - Incidental Work
A. Road and yard employees in ground service and qualified engine service employees may perform the following items of work in
connection with their own assignments without additional compensation:
1. Handle switches
2. Move, turn and spot locomotives and cabooses
3. Supply locomotives and cabooses, except for heavy equipment and supplies generally placed on locomotives and cabooses by
employees of other crafts
4. Inspect cars
5. Start or shutdown locomotives
6. Bleed cars to be handled
7. Perform walking and rear-end air tests
8. Prepare reports while under pay
9. Use communication devices; copy and handle train orders, clearances and/or other messages
10. Any duties formerly performed by firemen
B. 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:
1. Handle switches
2. Move, turn, spot and fuel locomotives
3. Supply locomotives except for heavy equipment and supplies generally placed on locomotives by employees of other crafts
4. Inspect locomotives
5. Start or shutdown locomotives
6. Perform head-end air tests
7. Prepare reports while under pay
8. Use communications devices; copy and handle train orders, clearances and/or other messages
9. Any duties formerly performed by firemen
NOTE: These provisions concerning Incidental Work are intended to remove any existing restrictions upon the use of employees
represented by the UTU 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 on the work rights of another craft as established on any railroad.
Section 3 - Yard Crews - Combination Road - Yard Service Zones
A. Yard crews may perform the following work outside of switching limits without additional compensation except as provided below:
1. 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.
2. 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 1 and 2 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 therefrom 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.
3. 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.
4. Nothing in this Section 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 Section shall continue to be measured from switching limits as they existed as of
August 25, 1978, except by mutual agreement.
B. Yard crews may perform hostling work without additional payment or penalty.
C. Time consumed by yard engine crews in Road-Yard Service Zones established under this Article will not be subject to equalization as
between road and yard service crews and/or employees.
Section 4 - Interchange
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 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 perform one move as prescribed in Section 1 A 6 of this Article, in addition to
delivering and/or receiving their train in interchange.
C. If road crews referred to in A of this Section 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.
D. 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 providing such additional track or tracks are in close proximity. Bulletins
specifying additional tracks will be furnished the General Chairman or General Chairmen involved prior to the effective date.
E. 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 rack 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.
F. 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.
G. The foregoing provisions are not intended to impose restrictions with respect to interchange operation where restrictions did not exist
prior to January 27, 1972.
Section 5 - Enhanced Customer Service
Article VIII- Special Relief, Customer Service - Yard Crews of the UTU Implementing Documents of November 1. 1991, Document A, is
amended to read as follows:
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 employers 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 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 of Carrier representatives and Organization representatives shall determine whether
a need exists, as provided in Section 5 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 Section 5 A. above, 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 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 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.
Section 6 - Combination Road-Yard (5 Ops Agreement June 25, 1964)
A. The last yard crew assignment in a yard, or on a shift where more than one yard assignment is employed, may be discontinued.
B. Road crews may perform any yard service at yards where crews are not employed.
C. Road crews may continue to perform any yard service now permitted, without additional payments, if such payments are not now
required.
D. At points where a yard crew or yard crews are employed, the starting time of the first yard crew assignment shall begin a twelve-hour
period (herein called the first twelve-hour period) within which road crews may not perform yard service not permitted on the day
immediately preceding the effective date of this agreement. Road crews may be required to perform any yard service during a second
twelve-hour period beginning at the expiration of the first twelve-hour period provided yard crew assignments are not assigned to start or
terminate during such second twelve-hour period.
E. Initial and final terminal delay articles shall not be disturbed by this section.
F. Every employee deprived of employment as the immediate and proximate application of this Section, shall be entitled to the schedule of
allowances set forth in Section 7(a) of the Washington Agreement of May 21, 1936; or to the option of choosing the lump-sum separation
allowance set forth in Section 9 of said Agreement. In addition to the foregoing, employees who do not elect to accept the lump-sum
separation allowance set forth in Section 9 of said Agreement, if qualified, may elect within one year from the date of their furlough to
prepare themselves for some other occupation for which training is available (of the type approved by the Veterans Administration under
the Veterans' Readjustment Assistance Act of 1952), with the Carrier paying 75 percent of the tuition costs of such training for a period not
exceeding two years. Whenever and to the extent that the United States Government makes provisions for retraining out of public funds, the
obligation of the Carrier shall be reduced correspondingly. Those employees who elect to accept the lump-sum separation allowance set
forth in Section 9 of the Washington Agreement of May 21, 1936 will not be entitled to retraining benefits.
Section 7 - GENERAL
A When a road crew performs work as provided in this Article, neither yard engine crews nor hostlers shall be entitled to any penalty pay or
other compensation.
B. When a road crew performs service in excess of, or other than enumerated in this Article, road crews will be allowed time consumed with
a minimum of one hour in addition to other compensation made on the trip.
C. The foregoing is not intended to impose restrictions with respect to any operation where restrictions did not exist prior to the date of this
Agreement.
QUESTIONS AND ANSWERS
(Applicable to Section 1 - Switching)
Question # 1:
A road freight crew may be required to "pick-up and/or set out at each intermediate point between terminals" without additional
compensation. Are we to understand that this modifies existing conversion rules, i.e., stops made at points where yard crews are employed
to pick up and/or set out will no longer be counted in the application of these rules?
Answer:
No. Switching allowances, arbitraries and/or penalty payments formerly allowed for this service are the types of "additional compensation"
which are eliminated; however, existing conversion rules are not modified or set aside by the provisions in question.
Question #2:
Does the "additional compensation" referred to in this Article 32 affect initial and final terminal delay and conversion rules?
Answer:
No. The "additional compensation" referred to is to eliminate switching penalties where yard crews are employed.
Question #3:
Do units "coupled and connected in multiple" include units which are coupled and connected in multiple but which are incapable of
supplying additional tractive power, i.e. "dead" units?
Answer:
Yes.
Question #4:
Does the phrase "exchange engine" as used in Section 1 A 8 include: (1) exchanging one or more units of a multiple unit engine, (2) adding
one or more units to a multiple unit engine, and (3) removing one or more units from a multiple unit engine?
Answer:
Yes.
Question #5:
Is it permissible to require a road freight crew to switch a car out from their own train which was found to be defective sometime after the
train had been made up by a yard crew but which was known to exist at the time the road crew was brought on duty?
Answer:
Yes.
Question #6:
What effect do the provisions of Article 32 have on the non-restrictive provisions of Article V of the June 25, 1964 Operating Employees'
Agreement (Sections 2 and 4 of Article V)?
Answer:
None. Section 7 C of Article 32 reads:
“The foregoing is not intended to impose restrictions with respect to any operation where restrictions did not exist prior to the date of this
Agreement."
The flexibility afforded the Carrier under the provisions of Article V of the June 25, 1964 Agreement is clearly retained.
Question #7:
Does Article 32 eliminate engine exchange and/or set off and pickup arbitraries applicable to road, yard and transfer crews?
Answer:
Exchanging, setting off and picking up engines continues to be permissible, but arbitraries for such service were eliminated by the 1972,
1978, and 1985 National Agreements.
Question #8:
In application of the provisions of Sections 1 A, 2 and 4 of Article 32, is there any limit to the couplings that road crews can be required to
make when picking up cars?
Answer:
The language “spot, pull, couple or uncouple cats set out or picked up by them and reset any cars disturbed” in Sections 1 A, 2 and 4 is
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.
Question #9:
Under the provisions of Section 1 A 1 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?
Answer:
The time would be continuous until reaching the off-duty point. Computation of the miles depends on local rules and practices.
Question #10:
Can an inbound crew be required to shove their setouts to a particular spot on the yard track, i.e., to air hose or the bottom of the track?
Answer:
Yes.
Question #11:
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?
Answer:
There has been no change in the application of ITD Rules.
Question #12:
Is it correct to assume that under Section 3 A 3 no additional payment would be required for a yard crew serving customers up to 20 miles
outside switching limits?
Answer:
Yes.
Question #13:
Under Section 3 - Yard Crews - Can we now have a reduced yard crew go the 25 mile limit and perform local work inbound with the train
relieved due to the hours of service law?
Answer:
The yard crew may be required to perform the local work inbound with the train relieved.
Question # 14:
Does the term "hostling work" in Section 3, Paragraph B include hostling work inside switching limits?
Answer:
Yes
Question # 15:
Does service pursuant to Section 3, paragraph A 3 require compilation of equity reports?
Answer:
No.
Question # 16:
A road crew at its final terminal delivers cars in interchange and picks up from the same foreign carrier before yarding his train. How many
moves are involved?
Answer:
Two, the delivery is one move and the pick up the second.
Question # 17
A road crew at its initial terminal is required to get its train from three tracks in the same location, where one track would have held the
entire pick up. How many moves are involved?
Answer:
One
Question # 18
A road crew arrives at its final terminal with four blocks of cars all for foreign carriers. How many deliveries may the road crew make?
Answer:
Three in addition to yarding their train at final terminal.
Question # 19:
What is meant by "multiple tracks?"
Answer:
"Multiple tracks" are more tracks than the minimum number required to hold the cars in question.
Question #20:
A road crew at its final terminal picks up twenty cars at Yard A, delivers 40 different cars to a foreign carrier then yards its train including the
twenty cars picked up at Yard A on multiple tracks in Yard B. How many moves have been made?
Answer:
Three
Question #21:
Can a road crew set out in its final terminal and thereafter effect an interchange?
Answer:
Yes
Question #22:
Can a road crew (other than an over-the-road solid run through train) when making an interchange delivery or setting out at other than its
final yard use multiple tracks to effectuate the move?
Answer:
No. The application of the multiple track move is limited to where the road crew receives its train at the initial terminal and yards its train at
the final terminal.
Question #23:
Railroad A has Railroad B do its switching at City X. What may Railroad A's road crews do at City X?
Answer:
Railroad A's crews may do the same things as any other road crews.
Question #24:
A road crew at its initial terminal is required to get its train from three tracks because three tracks were required to hold the entire train. Is
this considered a move?
Answer:
No. This is a proper double over and does not count as one of the three additional moves permitted.
Question #25:
The carrier chooses to have a road crew get or leave its train on multiple tracks where a minimum number of tracks were available to hold
the train and could have been used. Does this constitute a move so as to permit the road crew two additional moves at the initial or final
terminal yard?
Answer:
Yes. The use of multiple tracks is one of the allowable moves.
QUESTION AND ANSWERS
(Applicable to Section 4 - 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, consistent with Article 32.
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:
Yes, consistent with Article 32.
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 or 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 D?
Answer:
As being next to or very near the existing interchange track or tracks.
Question # 12:
Paragraph F reads:
"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 Paragraph A. 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
moves consistent with Article 32. A Carrier may not bring an otherwise unqualified train within the application of Paragraph A by making a
set-out or set-outs for that sole purpose immediately prior to entering such terminal.
QUESTION AND ANSWERS
(Applicable to Section 5 - Enhanced Customer Service)
Question # 1:
What is the intent of the parties with respect to the provision of Paragraph 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 A?
Question #2:
Should the Carrier notify the General Chairperson(s) in writing and where it intends to establish such service and identify the involved
customer?
Answer:
Yes, and such notification should include the specific article(s) where relief or relaxation is requested.
Question #3:
What will prevent the Carrier from routinely furnishing the minimum notice under the article, i.e., 48 hours, prior to implementing the desired
service?
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 A.
Question #4:
Is it the intent of the parties that the Joint Committee referred to in paragraph A, 3 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 Section are limited to certain identified articles under defined circumstances, provided that the Carrier has
complied with all applicable requirements set forth therein. Any Carrier proposal under this Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of the article will not be implemented without conference between the UTU President
and the NCCC Chairperson.
Question #6:
Does this article permit the use of road crews to perform customer service within switching limits?
Answer:
The Carrier's rights under this Section are limited to certain identified articles under defined circumstances, provided that the Carrier has
complied with all applicable requirements set forth therein. Any Carrier proposal under this Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of the article will not be implemented without conference between the UTU president
and the NCCC Chairperson.
Question #7:
Can the Carrier be considered a customer in the application of this article?
Answer:
The word "customer", as used in Paragraph 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 customer service
contemplated by this article?
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 this article to establish the use of a yard
crew to perform this work?
Answer:
The Carriers use of yard crews must meet the requirements of this article.
Question #10:
Does this Section 5 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 Section 5 amends Article VIII - Special Relief, Customer Service - Yard Crews of the UTU Implementing Document of November 1,
1991, Document A.
Question #11:
Does this Section 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 this article 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 Section 5?
Answer:
As set forth in Section 5.
Question # 13:
Does Section 5 contemplate the establishment of split-shifts in yard service?
Answer:
No.
Question # 14:
Paragraph E requires that the Carrier show a "bona fide" 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 Paragraph A.
Question #15:
If a yard crew is providing particularized service to a customer under this article, 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 Section 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 Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of this article 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?
Answer:
The Carrier's rights under this Section 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 Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of this article will not be implemented without conference between the UTU President
and the NCCC Chairperson.
Question # 17:
Will a yard crew used in accordance with this Section have its work confined solely to meet the specific service requirements?
Answer:
The Carrier's rights under this Section 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 Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of this article will not be implemented without conference between the UTU President
and the NCCC Chairperson.
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 Section 5?
Answer:
No.
Question # 19:
If a Carrier fails to comply with the provisions of Section 5, 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 Section 5.
Article 32
Road/Yard Movements and Interchange
Section 1 - Road Employees Switching in Yards
Road freight crews may be required at any point yard crews are employed to do any of the following as part of their road trip, paid for as
such without any additional compensation and without penalty payments to yard crews, hostlers, etc.
A. 1. 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 distances of the on and off duty point, transportation will be provided.
2. Make up to two pick ups at other location(s) in the initial terminal in addition to picking up the train and up to two 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 disturbed.
3. Make one pick up and/or set out at each intermediate point between the limits of the crew's initial and final terminals.
4. In connection with 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 disturbed in connection therewith.
5. 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 disturbed in making set-outs or pick-ups.
6. A road crew may perform in connection with its own train without additional compensation one move in addition to those permitted by this
Article and 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 be any one of 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.
(a) Road crews may shove a train together when it is cut because of crossing or crossover.
(b) Road crews at initial, final, or intermediate points with or without cars may move to permit a yard crew to take off and/or add cars.
7. Perform switching within switching limits at time no yard crew is on duty.
8. Handle engines to and from train to ready track and engine house, including all units coupled to the operating unit(s) and exchange
engine(s).
9. Switch out defective cars.
Section 2 - Incidental Work
A. Road and yard employees in ground service and qualified engine service employees may perform the following items of work in
connection with their own assignments without additional compensation:
1. Handle switches
2. Move, turn and spot locomotives and cabooses
3. Supply locomotives and cabooses, except for heavy equipment and supplies generally placed on locomotives and cabooses by
employees of other crafts
4. Inspect cars
5. Start or shutdown locomotives
6. Bleed cars to be handled
7. Perform walking and rear-end air tests
8. Prepare reports while under pay
9. Use communication devices; copy and handle train orders, clearances and/or other messages
10. Any duties formerly performed by firemen
B. 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:
1. Handle switches
2. Move, turn, spot and fuel locomotives
3. Supply locomotives except for heavy equipment and supplies generally placed on locomotives by employees of other crafts
4. Inspect locomotives
5. Start or shutdown locomotives
6. Perform head-end air tests
7. Prepare reports while under pay
8. Use communications devices; copy and handle train orders, clearances and/or other messages
9. Any duties formerly performed by firemen
NOTE: These provisions concerning Incidental Work are intended to remove any existing restrictions upon the use of employees
represented by the UTU 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 on the work rights of another craft as established on any railroad.
Section 3 - Yard Crews - Combination Road - Yard Service Zones
A. Yard crews may perform the following work outside of switching limits without additional compensation except as provided below:
1. 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.
2. 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 1 and 2 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 therefrom 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.
3. 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.
4. Nothing in this Section 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 Section shall continue to be measured from switching limits as they existed as of
August 25, 1978, except by mutual agreement.
B. Yard crews may perform hostling work without additional payment or penalty.
C. Time consumed by yard engine crews in Road-Yard Service Zones established under this Article will not be subject to equalization as
between road and yard service crews and/or employees.
Section 4 - Interchange
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 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 perform one move as prescribed in Section 1 A 6 of this Article, in addition to
delivering and/or receiving their train in interchange.
C. If road crews referred to in A of this Section 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.
D. 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 providing such additional track or tracks are in close proximity. Bulletins
specifying additional tracks will be furnished the General Chairman or General Chairmen involved prior to the effective date.
E. 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 rack 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.
F. 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.
G. The foregoing provisions are not intended to impose restrictions with respect to interchange operation where restrictions did not exist
prior to January 27, 1972.
Section 5 - Enhanced Customer Service
Article VIII- Special Relief, Customer Service - Yard Crews of the UTU Implementing Documents of November 1. 1991, Document A, is
amended to read as follows:
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 employers 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 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 of Carrier representatives and Organization representatives shall determine whether
a need exists, as provided in Section 5 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 Section 5 A. above, 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 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 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.
Section 6 - Combination Road-Yard (5 Ops Agreement June 25, 1964)
A. The last yard crew assignment in a yard, or on a shift where more than one yard assignment is employed, may be discontinued.
B. Road crews may perform any yard service at yards where crews are not employed.
C. Road crews may continue to perform any yard service now permitted, without additional payments, if such payments are not now
required.
D. At points where a yard crew or yard crews are employed, the starting time of the first yard crew assignment shall begin a twelve-hour
period (herein called the first twelve-hour period) within which road crews may not perform yard service not permitted on the day
immediately preceding the effective date of this agreement. Road crews may be required to perform any yard service during a second
twelve-hour period beginning at the expiration of the first twelve-hour period provided yard crew assignments are not assigned to start or
terminate during such second twelve-hour period.
E. Initial and final terminal delay articles shall not be disturbed by this section.
F. Every employee deprived of employment as the immediate and proximate application of this Section, shall be entitled to the schedule of
allowances set forth in Section 7(a) of the Washington Agreement of May 21, 1936; or to the option of choosing the lump-sum separation
allowance set forth in Section 9 of said Agreement. In addition to the foregoing, employees who do not elect to accept the lump-sum
separation allowance set forth in Section 9 of said Agreement, if qualified, may elect within one year from the date of their furlough to
prepare themselves for some other occupation for which training is available (of the type approved by the Veterans Administration under
the Veterans' Readjustment Assistance Act of 1952), with the Carrier paying 75 percent of the tuition costs of such training for a period not
exceeding two years. Whenever and to the extent that the United States Government makes provisions for retraining out of public funds, the
obligation of the Carrier shall be reduced correspondingly. Those employees who elect to accept the lump-sum separation allowance set
forth in Section 9 of the Washington Agreement of May 21, 1936 will not be entitled to retraining benefits.
Section 7 - GENERAL
A When a road crew performs work as provided in this Article, neither yard engine crews nor hostlers shall be entitled to any penalty pay or
other compensation.
B. When a road crew performs service in excess of, or other than enumerated in this Article, road crews will be allowed time consumed with
a minimum of one hour in addition to other compensation made on the trip.
C. The foregoing is not intended to impose restrictions with respect to any operation where restrictions did not exist prior to the date of this
Agreement.
QUESTIONS AND ANSWERS
(Applicable to Section 1 - Switching)
Question # 1:
A road freight crew may be required to "pick-up and/or set out at each intermediate point between terminals" without additional
compensation. Are we to understand that this modifies existing conversion rules, i.e., stops made at points where yard crews are employed
to pick up and/or set out will no longer be counted in the application of these rules?
Answer:
No. Switching allowances, arbitraries and/or penalty payments formerly allowed for this service are the types of "additional compensation"
which are eliminated; however, existing conversion rules are not modified or set aside by the provisions in question.
Question #2:
Does the "additional compensation" referred to in this Article 32 affect initial and final terminal delay and conversion rules?
Answer:
No. The "additional compensation" referred to is to eliminate switching penalties where yard crews are employed.
Question #3:
Do units "coupled and connected in multiple" include units which are coupled and connected in multiple but which are incapable of
supplying additional tractive power, i.e. "dead" units?
Answer:
Yes.
Question #4:
Does the phrase "exchange engine" as used in Section 1 A 8 include: (1) exchanging one or more units of a multiple unit engine, (2) adding
one or more units to a multiple unit engine, and (3) removing one or more units from a multiple unit engine?
Answer:
Yes.
Question #5:
Is it permissible to require a road freight crew to switch a car out from their own train which was found to be defective sometime after the
train had been made up by a yard crew but which was known to exist at the time the road crew was brought on duty?
Answer:
Yes.
Question #6:
What effect do the provisions of Article 32 have on the non-restrictive provisions of Article V of the June 25, 1964 Operating Employees'
Agreement (Sections 2 and 4 of Article V)?
Answer:
None. Section 7 C of Article 32 reads:
“The foregoing is not intended to impose restrictions with respect to any operation where restrictions did not exist prior to the date of this
Agreement."
The flexibility afforded the Carrier under the provisions of Article V of the June 25, 1964 Agreement is clearly retained.
Question #7:
Does Article 32 eliminate engine exchange and/or set off and pickup arbitraries applicable to road, yard and transfer crews?
Answer:
Exchanging, setting off and picking up engines continues to be permissible, but arbitraries for such service were eliminated by the 1972,
1978, and 1985 National Agreements.
Question #8:
In application of the provisions of Sections 1 A, 2 and 4 of Article 32, is there any limit to the couplings that road crews can be required to
make when picking up cars?
Answer:
The language “spot, pull, couple or uncouple cats set out or picked up by them and reset any cars disturbed” in Sections 1 A, 2 and 4 is
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.
Question #9:
Under the provisions of Section 1 A 1 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?
Answer:
The time would be continuous until reaching the off-duty point. Computation of the miles depends on local rules and practices.
Question #10:
Can an inbound crew be required to shove their setouts to a particular spot on the yard track, i.e., to air hose or the bottom of the track?
Answer:
Yes.
Question #11:
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?
Answer:
There has been no change in the application of ITD Rules.
Question #12:
Is it correct to assume that under Section 3 A 3 no additional payment would be required for a yard crew serving customers up to 20 miles
outside switching limits?
Answer:
Yes.
Question #13:
Under Section 3 - Yard Crews - Can we now have a reduced yard crew go the 25 mile limit and perform local work inbound with the train
relieved due to the hours of service law?
Answer:
The yard crew may be required to perform the local work inbound with the train relieved.
Question # 14:
Does the term "hostling work" in Section 3, Paragraph B include hostling work inside switching limits?
Answer:
Yes
Question # 15:
Does service pursuant to Section 3, paragraph A 3 require compilation of equity reports?
Answer:
No.
Question # 16:
A road crew at its final terminal delivers cars in interchange and picks up from the same foreign carrier before yarding his train. How many
moves are involved?
Answer:
Two, the delivery is one move and the pick up the second.
Question # 17
A road crew at its initial terminal is required to get its train from three tracks in the same location, where one track would have held the
entire pick up. How many moves are involved?
Answer:
One
Question # 18
A road crew arrives at its final terminal with four blocks of cars all for foreign carriers. How many deliveries may the road crew make?
Answer:
Three in addition to yarding their train at final terminal.
Question # 19:
What is meant by "multiple tracks?"
Answer:
"Multiple tracks" are more tracks than the minimum number required to hold the cars in question.
Question #20:
A road crew at its final terminal picks up twenty cars at Yard A, delivers 40 different cars to a foreign carrier then yards its train including the
twenty cars picked up at Yard A on multiple tracks in Yard B. How many moves have been made?
Answer:
Three
Question #21:
Can a road crew set out in its final terminal and thereafter effect an interchange?
Answer:
Yes
Question #22:
Can a road crew (other than an over-the-road solid run through train) when making an interchange delivery or setting out at other than its
final yard use multiple tracks to effectuate the move?
Answer:
No. The application of the multiple track move is limited to where the road crew receives its train at the initial terminal and yards its train at
the final terminal.
Question #23:
Railroad A has Railroad B do its switching at City X. What may Railroad A's road crews do at City X?
Answer:
Railroad A's crews may do the same things as any other road crews.
Question #24:
A road crew at its initial terminal is required to get its train from three tracks because three tracks were required to hold the entire train. Is
this considered a move?
Answer:
No. This is a proper double over and does not count as one of the three additional moves permitted.
Question #25:
The carrier chooses to have a road crew get or leave its train on multiple tracks where a minimum number of tracks were available to hold
the train and could have been used. Does this constitute a move so as to permit the road crew two additional moves at the initial or final
terminal yard?
Answer:
Yes. The use of multiple tracks is one of the allowable moves.
QUESTION AND ANSWERS
(Applicable to Section 4 - 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, consistent with Article 32.
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:
Yes, consistent with Article 32.
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 or 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 D?
Answer:
As being next to or very near the existing interchange track or tracks.
Question # 12:
Paragraph F reads:
"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 Paragraph A. 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
moves consistent with Article 32. A Carrier may not bring an otherwise unqualified train within the application of Paragraph A by making a
set-out or set-outs for that sole purpose immediately prior to entering such terminal.
QUESTION AND ANSWERS
(Applicable to Section 5 - Enhanced Customer Service)
Question # 1:
What is the intent of the parties with respect to the provision of Paragraph 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 A?
Question #2:
Should the Carrier notify the General Chairperson(s) in writing and where it intends to establish such service and identify the involved
customer?
Answer:
Yes, and such notification should include the specific article(s) where relief or relaxation is requested.
Question #3:
What will prevent the Carrier from routinely furnishing the minimum notice under the article, i.e., 48 hours, prior to implementing the desired
service?
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 A.
Question #4:
Is it the intent of the parties that the Joint Committee referred to in paragraph A, 3 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 Section are limited to certain identified articles under defined circumstances, provided that the Carrier has
complied with all applicable requirements set forth therein. Any Carrier proposal under this Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of the article will not be implemented without conference between the UTU President
and the NCCC Chairperson.
Question #6:
Does this article permit the use of road crews to perform customer service within switching limits?
Answer:
The Carrier's rights under this Section are limited to certain identified articles under defined circumstances, provided that the Carrier has
complied with all applicable requirements set forth therein. Any Carrier proposal under this Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of the article will not be implemented without conference between the UTU president
and the NCCC Chairperson.
Question #7:
Can the Carrier be considered a customer in the application of this article?
Answer:
The word "customer", as used in Paragraph 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 customer service
contemplated by this article?
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 this article to establish the use of a yard
crew to perform this work?
Answer:
The Carriers use of yard crews must meet the requirements of this article.
Question #10:
Does this Section 5 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 Section 5 amends Article VIII - Special Relief, Customer Service - Yard Crews of the UTU Implementing Document of November 1,
1991, Document A.
Question #11:
Does this Section 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 this article 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 Section 5?
Answer:
As set forth in Section 5.
Question # 13:
Does Section 5 contemplate the establishment of split-shifts in yard service?
Answer:
No.
Question # 14:
Paragraph E requires that the Carrier show a "bona fide" 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 Paragraph A.
Question #15:
If a yard crew is providing particularized service to a customer under this article, 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 Section 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 Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of this article 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?
Answer:
The Carrier's rights under this Section 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 Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of this article will not be implemented without conference between the UTU President
and the NCCC Chairperson.
Question # 17:
Will a yard crew used in accordance with this Section have its work confined solely to meet the specific service requirements?
Answer:
The Carrier's rights under this Section 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 Section which, in the opinion of the UTU
President is egregiously inconsistent with the intent of this article will not be implemented without conference between the UTU President
and the NCCC Chairperson.
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 Section 5?
Answer:
No.
Question # 19:
If a Carrier fails to comply with the provisions of Section 5, 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 Section 5.
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