Article 41 Article 41
Article 41
Communication Systems
Section 1
It is recognized that the use of communication systems including the use of and the carrying of portable radios, pursuant to operating rules of
the individual carriers, is a part of the duties of employees covered by this Agreement. Existing rules to the contrary are hereby eliminated.
Section 2
On roads where rules now exist, which provide for the payment of arbitraries to employees for the carrying and/or use of radio equipment,
such arbitraries will be eliminated effective January 1, 1973.
Section 3
Portable radios hereafter purchased for the use of and carried by ground service employees in yard and transfer service will not exceed
three pounds in weight and will be equipped with a suitable holder which will firmly hold the radio close to the body, or will be of such size as
to permit being placed in coat or trouser pockets. Portable radios used by ground service employees in yard and transfer service which do
not meet the foregoing specifications will be replaced by December 31, 1973 or their use discontinued.
Section 4
The size and weight of portable radios used by ground service employees in road service will not exceed that presently in use and portable
radios hereafter purchased for use in this class of service will be of the minimum size and weight necessary to insure safe and adequate
communication. This is not intended to require the purchase of radios weighing less than three pounds.
Section 5
A. Notwithstanding the provisions of Arbitration Board No. 419 as they relate to the use of radios, operable portable radios will be furnished
each member of a reduced crew consisting of one conductor (foreman) and one brakeman (helper) for his use while on duty. Such radios
will not exceed three pounds in weight and will be equipped with a suitable holder which will firmly hold the radio close to the body or will be
of such size as to permit being placed in coat or trouser pocket. Employees will not be held responsible for accidents caused by failure of
radio equipment to properly function.
B. Sufficient frequency channels will be utilized to provide safe communication.
C. Except in an emergency, reduced yard crews will not be required to start switching or perform transfer service without operable portable
radios (and, in addition, operable radio on engines), nor will they be censured or disciplined in any manner for refusing to do so.
D. Except in an emergency, reduced crews in road service will not be required to perform switching or depart a terminal with train not having
a fixed operable radio on head end of train in addition to operable portable radios, nor will they be censured or disciplined in any manner for
refusing to do so.
Q-1: What is meant by the wording, "head end of train"?
A-1: The control unit of the locomotive consist.
Q-2: What is meant by the word "emergency"?
A-2: The definition of "emergency" as set forth in Webster's New World Dictionary, Second College Edition, copyright 1974, is:
“Emergency… a sudden, generally unexpected occurrence or set of circumstances demanding immediate action."
Without attempting to set forth all of the many circumstances and events that would and/or would not constitute emergencies under that or
any other general definition, the following are some practical examples of each:
(a). EMERGENCIES
1. A derailment or other accident necessitating immediate action to protect persons and/or property.
2. Immediate action to avert accidents and obviate personal injuries and/or property damage.
3. Fire, storm, flood and other circumstances beyond the control of the Carrier that necessitate immediate action to protect persons and/or
property.
4. In road service, when a radio becomes inoperable after a train departs the terminal.
5. When a radio becomes inoperable on a yard assignment but only for the length of time needed to get an operable radio to the crew under
conditions prevailing at the time.
(b). NON-EMERGENCIES
1. No operable radio available.
2. The need to perform work immediately, minus a condition such as those mentioned in A, above.
3. To clear a track for an inbound train, a transfer cut or other cut of cars.
4. To commence weighing cars.
5. To start humping a train or cut of cars.
Section 6
Employees will not be held responsible for accidents caused by failure of radio equipment to properly function.
Section 7
At locations where radio is used sufficient frequency channels will be utilized to provide safe communication.
Section 8
Employees may use communication devices; copy and handle train orders, clearances and/or other messages.