Article 44 Article 44
Article 44
Yard Service
Section 1 - Yard Work
Except as otherwise provided in this agreement at points where yard engines are employed the following shall be considered as yard work
and shall be performed by yardmen at not less than yard rates:
1. Switching of all freight and passenger equipment within the defined switching limits;
2. The transfer of all freight and passenger equipment operating exclusively within the defined switching limits;
3. The handling of all construction and/or maintenance of way work trains when such work is exclusively within the defined switching limit;
4. Relief trains operating exclusively within the defined switching limits;
5. All pilot service operating exclusively within the defined switching limits;
6. Flag protection when required in general construction work within the defined switching limits.
Section 2 - Rates of Pay
A Yard conductors, yard brakemen, car retarder operators and switchtenders shall be paid as set forth in applicable National Agreements.
B. Yardmen assigned to other than their regular duties shall be paid the established rate for the service performed but in no case, except as
provided in Article 49, shall a yardman so assigned be paid less than the basis of his regular rate. This also applies to extra men.
C. ENTRY RATES: (See Article 10, Sections 3 and 4).
D. Eight hours or less shall constitute a days work.
Section 3 - Yard Assignments Laid in or Abolished
A. Regularly assigned yard engines may be laid in temporarily in order to conform to service requirements, in which case the yardmen so
affected shall be notified before going off duty and shall have the right to work on any other engine on the same calendar day their engine is
laid in on which their seniority and rest periods will permit, including positions on an extra assignment in preference to junior yardmen from
the extra list. Exercise of these rights shall be considered exercise of seniority as provided in Article 43 and if not so exercised no claims for
time account engines laid in shall made.
B. A yardman whose assignment has been laid in as provided in A of this Section who wishes to work on another engine, rest period and
seniority permitting, will advise the appropriate supervisor where he wishes to work before or immediately after going off duty so that the
supervisor may notify all other yardmen affected, except when an extra engine is to be worked on a day that a regularly assigned yard engine
is laid in, yardmen assigned to the engine laid in will be called and given an opportunity to work the extra engine if they are available and so
desire and have not worked on any other engine on that same calendar day.
C. When a regular yard assignment is abolished the crew members will be notified before going off duty that their assignment is being
abolished on completion of their tour of duty.
Section 4 - Assignments
A. Yardmen shall be assigned for a fixed period of time which shall be for the same hours daily for all regular members of a crew. So far as it
is practicable, assignments shall be restricted to eight hours work.
B. The general character of work which will ordinarily be performed by each assignment will be noted in the bulletin. Effort will be made to
conform to such assignment as far as consistent with the requirements of the service.
Section 5 - New Assignments
A. Any engine working three consecutive days on work which could be performed by one regular engine assigned under these articles shall
become a regular assignment. It will not be the intention to work engines intermittently on different tricks for the purpose of evading this
article.
For work train service the suspension of work on Saturdays, Sundays, and holidays will not be considered as terminating the
consecutiveness of days of work train service.
Example-- Work train used Friday; laid in Saturday and Sunday account Engineering Department forces not working and resumes work
Monday. Monday will be counted as the second day.
B. When it is known sufficiently in advance that a regular assignment is to be established, it may be advertised for two days in advance and
awarded to the successful bidder. In such cases Article 22, Section 15 shall not apply. Am employee whose “days off” are the same two
days as the advertisement, may, before the completion of his tour of duty on the first work day, exercise his seniority to the new assignment.
Section 6 - Starting Times
A. Regularly assigned yard crews shall each have a fixed starting time and the starting time of a crew will not be changed without at least 48
hours' advanced notice. Practices on individual roads as to handling of transfer crews are not affected by this Section.
NOTE: The change in the starting time of an assignment as set out in Section 6 of this Article, automatically abolishes the assignment and
creates a new assignment, which will be filled in accordance with Section 5 b of this Article.
B. 1. When an individual carrier can show a bona fide need to obtain or retain a customer by servicing that shipper outside of the existing
work rules related to starting times and yard limits for yard crews, such service may be instituted on an experimental basis for a six-month
period.
2. Prior to implementing such service, the carrier will extend at least 14 days' advance written notice to the General Chairman of the
employees involved. The notice will include an explanation of the bona fide need to provide the service, a description of the service, and a
listing of the work rules related to starting times and yard limits for yard crews which are at variance with existing agreements.
3. A Joint Committee, comprised of an equal number of carrier representatives and organization representatives, shall be constituted to
determine whether a bona fide need exists to provide the service. If the Joint Committee has not made its determination by the end of the 14
day advance notice period referenced in Subsection B, 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 have expired, the organization members of the joint Committee continue to
object, the matter shall be referred to arbitration.
4. 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 appoint an arbitrator. The fees and expenses of the arbitrator will be shared equally by the parties.
5. 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 the existing work rules related to starting times and yard limits for yard crews being
made at a comparable cost to the carrier.
C. Where three eight-hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 AM. and 8:00
AM.; the second, 2:30 P.M. and 4:00 P.M.; and the third, 10:30 P.M. and 12:00 Midnight.
D. Where two shifts are worked in continuous service, the first shift may be started during any one of the periods named in C of this Section.
E. Where two shifts are worked not in continuous service, the time for the first shift to begin work will be between the hours of 6:30 AM. and
10:00 AM., and the second not later than 10:30 P.M.
F. Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in C and D of this
Section.
G. At points where only one yard crew is regularly employed, they can be started at any time, subject to A of this Section.
H. Where mutually agreeable, on account of conditions produced by having two standards of time, starting time may be changed one hour
from periods above provided.
Section 7 - Point for Beginning and Ending Day
A Yardmen will report and begin work as a unit. Yard crews shall have a designated point for going on duty and a designated point for going
off duty. The point of release shall be in the direct vicinity of the starting point. Proper facilities shall be provided for taking care of clothing
and other property.
B. The point for going on and off duty will be governed by local conditions. In certain localities instructions will provide that yardmen will report
at the hump, others report at yard office, others at engine houses or ready tracks. It is not considered that the place to report will be confined
to any definite number of feet, but the designation will indicate a definite and recognized location.
(UNDERSTANDING: CLEVELAND, OHIO)
Yardmen going on duty at East 75th Street and off duty at East 55th Street, Ford Yard or "BD" Yard will be allowed 30 minutes at pro rata
rate, in addition to other compensation earned for time consumed returning to point of going on duty, as well as for transportation or other
expense as may be incurred.
Yardmen going on duty at East 55th Street and off duty at East 75th Street, Ford Yard or "BD" Yard will be allowed 30 minutes at pro rata
rate, in addition to other compensation earned for time consumed returning to point of going on duty, as well as for transportation or other
expense as may be incurred.
Yardmen going on duty at East 55th Street or East 75th Street and off duty at Euclid, Ivanhoe, or West 110th Street will be allowed one hour
at pro rata rates, in addition to other compensation earned, for time consumed returning to point of going on duty, as well as for
transportation or other expense as may be incurred.
The same allowances shall be made if the moves indicated are in the reverse direction.
Extra men will be allowed one hour at pro rata yard rate when required to go from East 55th Street to Euclid or Ivanhoe for service.
NOTE: The above listed allowances are not applicable to employees with a seniority date on or after November 1, 1985.
Section 8 - Lunch Time
A Yard crews will be allowed 20 minutes for lunch which shall be between four and one-half and six hours after starting work without
deduction in pay.
The following Question and Answer from Supplement “B,” Decision No. 1, Commission of Eight
Question 13 - Paragraphs (a), (b), (d) and (e). Under the several provisions for meal periods, must they be given within the prescribed time?
Answer - Yes. The lunch period must be given and completed within four and one-half and six hours.
B. In any case a yard crew shall not be required to work longer than five hours and 40 minutes from their starting time or from the time of the
completion of the first lunch period without being allowed 20 minutes for lunch, without a deduction in pay.
The following Question and Answer from Supplement "A," Decision No. 1, Commission of Eight:
Question 2 - If a yard crew, through some unforeseen circumstances, be on duty say 14 hours, would the crew be entitled to a second period
in which to eat, and if so, when would it begin?
Answer - Decision No. 1, Article 2, Paragraph (e) applies to both the first and second lunch periods. In the case cited, crew would be entitled
to the second lunch period 5 hours and 40 minutes after completing the first lunch period. In either case, yardmen will not be worked longer
than six hours without being given an opportunity to eat.
C. A yardman or yardmen are within their rights to insist on full observance of this Section.
D. Effort will be made to arrange as far as possible for yardmen to go to lunch conveniently close to adequate shelter.
E. The time for fixing the beginning of assignments or meal periods is to be calculated from the time fixed for the crew to begin work as a
unit without regard to preparatory or individual duties.
Section 9 - Road/Yard Movements and Interchange
A 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 deductions therefrom for the time consumed in said service.
B. 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 B 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 requite 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.
C. Yard crews may perform hostling work without additional payment or penalty.
D. Time consumed by yard engine crews in Road-Yard Service Zones established under this Section will not be subject to equalization as
between road and yard service crews and/or employees.
E. When a road crew performs work as provided in this Section, neither yard engine crews nor hostlers shall be entitled to any penalty pay or
other compensation.
F. When a road crew performs service in excess of, or other than enumerated in this Section, road crews will be allowed time consumed
with a minimum of one hour in addition to other compensation made on the trip.
G. 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.
Section 10 - Manning Extra Yard Engines
Subject to the articles which give regular men the right to fill vacancies, when extra yard assignments are called, positions will be filled from
the extra list, as far as possible. If there is no available extra yardmen qualified to act as foreman, the junior available qualified regularly
assigned helper on that trick (group of assignments) shall be used.
Article 44
Yard Service
Section 1 - Yard Work
Except as otherwise provided in this agreement at points where yard engines are employed the following shall be considered as yard work
and shall be performed by yardmen at not less than yard rates:
1. Switching of all freight and passenger equipment within the defined switching limits;
2. The transfer of all freight and passenger equipment operating exclusively within the defined switching limits;
3. The handling of all construction and/or maintenance of way work trains when such work is exclusively within the defined switching limit;
4. Relief trains operating exclusively within the defined switching limits;
5. All pilot service operating exclusively within the defined switching limits;
6. Flag protection when required in general construction work within the defined switching limits.
Section 2 - Rates of Pay
A Yard conductors, yard brakemen, car retarder operators and switchtenders shall be paid as set forth in applicable National Agreements.
B. Yardmen assigned to other than their regular duties shall be paid the established rate for the service performed but in no case, except as
provided in Article 49, shall a yardman so assigned be paid less than the basis of his regular rate. This also applies to extra men.
C. ENTRY RATES: (See Article 10, Sections 3 and 4).
D. Eight hours or less shall constitute a days work.
Section 3 - Yard Assignments Laid in or Abolished
A. Regularly assigned yard engines may be laid in temporarily in order to conform to service requirements, in which case the yardmen so
affected shall be notified before going off duty and shall have the right to work on any other engine on the same calendar day their engine is
laid in on which their seniority and rest periods will permit, including positions on an extra assignment in preference to junior yardmen from
the extra list. Exercise of these rights shall be considered exercise of seniority as provided in Article 43 and if not so exercised no claims for
time account engines laid in shall made.
B. A yardman whose assignment has been laid in as provided in A of this Section who wishes to work on another engine, rest period and
seniority permitting, will advise the appropriate supervisor where he wishes to work before or immediately after going off duty so that the
supervisor may notify all other yardmen affected, except when an extra engine is to be worked on a day that a regularly assigned yard engine
is laid in, yardmen assigned to the engine laid in will be called and given an opportunity to work the extra engine if they are available and so
desire and have not worked on any other engine on that same calendar day.
C. When a regular yard assignment is abolished the crew members will be notified before going off duty that their assignment is being
abolished on completion of their tour of duty.
Section 4 - Assignments
A. Yardmen shall be assigned for a fixed period of time which shall be for the same hours daily for all regular members of a crew. So far as it
is practicable, assignments shall be restricted to eight hours work.
B. The general character of work which will ordinarily be performed by each assignment will be noted in the bulletin. Effort will be made to
conform to such assignment as far as consistent with the requirements of the service.
Section 5 - New Assignments
A. Any engine working three consecutive days on work which could be performed by one regular engine assigned under these articles shall
become a regular assignment. It will not be the intention to work engines intermittently on different tricks for the purpose of evading this
article.
For work train service the suspension of work on Saturdays, Sundays, and holidays will not be considered as terminating the
consecutiveness of days of work train service.
Example-- Work train used Friday; laid in Saturday and Sunday account Engineering Department forces not working and resumes work
Monday. Monday will be counted as the second day.
B. When it is known sufficiently in advance that a regular assignment is to be established, it may be advertised for two days in advance and
awarded to the successful bidder. In such cases Article 22, Section 15 shall not apply. Am employee whose “days off” are the same two
days as the advertisement, may, before the completion of his tour of duty on the first work day, exercise his seniority to the new assignment.
Section 6 - Starting Times
A. Regularly assigned yard crews shall each have a fixed starting time and the starting time of a crew will not be changed without at least 48
hours' advanced notice. Practices on individual roads as to handling of transfer crews are not affected by this Section.
NOTE: The change in the starting time of an assignment as set out in Section 6 of this Article, automatically abolishes the assignment and
creates a new assignment, which will be filled in accordance with Section 5 b of this Article.
B. 1. When an individual carrier can show a bona fide need to obtain or retain a customer by servicing that shipper outside of the existing
work rules related to starting times and yard limits for yard crews, such service may be instituted on an experimental basis for a six-month
period.
2. Prior to implementing such service, the carrier will extend at least 14 days' advance written notice to the General Chairman of the
employees involved. The notice will include an explanation of the bona fide need to provide the service, a description of the service, and a
listing of the work rules related to starting times and yard limits for yard crews which are at variance with existing agreements.
3. A Joint Committee, comprised of an equal number of carrier representatives and organization representatives, shall be constituted to
determine whether a bona fide need exists to provide the service. If the Joint Committee has not made its determination by the end of the 14
day advance notice period referenced in Subsection B, 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 have expired, the organization members of the joint Committee continue to
object, the matter shall be referred to arbitration.
4. 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 appoint an arbitrator. The fees and expenses of the arbitrator will be shared equally by the parties.
5. 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 the existing work rules related to starting times and yard limits for yard crews being
made at a comparable cost to the carrier.
C. Where three eight-hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 AM. and 8:00
AM.; the second, 2:30 P.M. and 4:00 P.M.; and the third, 10:30 P.M. and 12:00 Midnight.
D. Where two shifts are worked in continuous service, the first shift may be started during any one of the periods named in C of this Section.
E. Where two shifts are worked not in continuous service, the time for the first shift to begin work will be between the hours of 6:30 AM. and
10:00 AM., and the second not later than 10:30 P.M.
F. Where an independent assignment is worked regularly, the starting time will be during one of the periods provided in C and D of this
Section.
G. At points where only one yard crew is regularly employed, they can be started at any time, subject to A of this Section.
H. Where mutually agreeable, on account of conditions produced by having two standards of time, starting time may be changed one hour
from periods above provided.
Section 7 - Point for Beginning and Ending Day
A Yardmen will report and begin work as a unit. Yard crews shall have a designated point for going on duty and a designated point for going
off duty. The point of release shall be in the direct vicinity of the starting point. Proper facilities shall be provided for taking care of clothing
and other property.
B. The point for going on and off duty will be governed by local conditions. In certain localities instructions will provide that yardmen will report
at the hump, others report at yard office, others at engine houses or ready tracks. It is not considered that the place to report will be confined
to any definite number of feet, but the designation will indicate a definite and recognized location.
(UNDERSTANDING: CLEVELAND, OHIO)
Yardmen going on duty at East 75th Street and off duty at East 55th Street, Ford Yard or "BD" Yard will be allowed 30 minutes at pro rata
rate, in addition to other compensation earned for time consumed returning to point of going on duty, as well as for transportation or other
expense as may be incurred.
Yardmen going on duty at East 55th Street and off duty at East 75th Street, Ford Yard or "BD" Yard will be allowed 30 minutes at pro rata
rate, in addition to other compensation earned for time consumed returning to point of going on duty, as well as for transportation or other
expense as may be incurred.
Yardmen going on duty at East 55th Street or East 75th Street and off duty at Euclid, Ivanhoe, or West 110th Street will be allowed one hour
at pro rata rates, in addition to other compensation earned, for time consumed returning to point of going on duty, as well as for
transportation or other expense as may be incurred.
The same allowances shall be made if the moves indicated are in the reverse direction.
Extra men will be allowed one hour at pro rata yard rate when required to go from East 55th Street to Euclid or Ivanhoe for service.
NOTE: The above listed allowances are not applicable to employees with a seniority date on or after November 1, 1985.
Section 8 - Lunch Time
A Yard crews will be allowed 20 minutes for lunch which shall be between four and one-half and six hours after starting work without
deduction in pay.
The following Question and Answer from Supplement “B,” Decision No. 1, Commission of Eight
Question 13 - Paragraphs (a), (b), (d) and (e). Under the several provisions for meal periods, must they be given within the prescribed time?
Answer - Yes. The lunch period must be given and completed within four and one-half and six hours.
B. In any case a yard crew shall not be required to work longer than five hours and 40 minutes from their starting time or from the time of the
completion of the first lunch period without being allowed 20 minutes for lunch, without a deduction in pay.
The following Question and Answer from Supplement "A," Decision No. 1, Commission of Eight:
Question 2 - If a yard crew, through some unforeseen circumstances, be on duty say 14 hours, would the crew be entitled to a second period
in which to eat, and if so, when would it begin?
Answer - Decision No. 1, Article 2, Paragraph (e) applies to both the first and second lunch periods. In the case cited, crew would be entitled
to the second lunch period 5 hours and 40 minutes after completing the first lunch period. In either case, yardmen will not be worked longer
than six hours without being given an opportunity to eat.
C. A yardman or yardmen are within their rights to insist on full observance of this Section.
D. Effort will be made to arrange as far as possible for yardmen to go to lunch conveniently close to adequate shelter.
E. The time for fixing the beginning of assignments or meal periods is to be calculated from the time fixed for the crew to begin work as a
unit without regard to preparatory or individual duties.
Section 9 - Road/Yard Movements and Interchange
A 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 deductions therefrom for the time consumed in said service.
B. 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 B 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 requite 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.
C. Yard crews may perform hostling work without additional payment or penalty.
D. Time consumed by yard engine crews in Road-Yard Service Zones established under this Section will not be subject to equalization as
between road and yard service crews and/or employees.
E. When a road crew performs work as provided in this Section, neither yard engine crews nor hostlers shall be entitled to any penalty pay or
other compensation.
F. When a road crew performs service in excess of, or other than enumerated in this Section, road crews will be allowed time consumed
with a minimum of one hour in addition to other compensation made on the trip.
G. 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.
Section 10 - Manning Extra Yard Engines
Subject to the articles which give regular men the right to fill vacancies, when extra yard assignments are called, positions will be filled from
the extra list, as far as possible. If there is no available extra yardmen qualified to act as foreman, the junior available qualified regularly
assigned helper on that trick (group of assignments) shall be used.
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