ARTICLE 15
LOCAL OR WAY FREIGHT
Section 1. Except as provided in local rates tabulated in Sections 4 and 5 of Article 13, a minimum of forty-three cents per hundred miles, or less, will be added for local freight service to through freight rates for firemen (helpers) according to weight on drivers of locomotives and district on which used. Miles over one hundred to be paid for pro rata.
Section 2. In addition to assigned local freight trains, firemen handling freight or mixed trains on which 5,000 pounds or over L.C.L. freight is loaded or unloaded per trip, when required to pick up or set out car or cars at more than four stations en route between the terminals of their run (this not to include setting out disabled cars; picking up or setting out water cars for train engine use only), or #0 perform industrial or station switching between terminals, will be paid local freight rates.
Movements made in connection with loading or unloading, picking up or setting out cars for stock to be loaded or unloaded, or setting out and spotting cars from own train and picking up cars into own train, and the spotting of cars disturbed as result of either of the above movements, is not industrial or station switching as mentioned in this Section.
Section 3. Where, under schedule rules or accepted practices, a part of the crew receives local freight rates, the firemen (helpers) will receive not less than the local freight rates.
On districts where there is no local freight differential applying to conductors or trainmen, and a fireman in through freight service is required to perform switching at stations en route that would entitle train crew to local freight rates, were there a local freight differential, firemen will be allowed local freight rates.
ARTICLE 16
BASIS FOR OVERTIME AND WHEN PAID
Section 1. In all classes of service covered by Article 13, 100 miles or less, eight hours or less (straightaway or turnaround), shall constitute a day's work; miles in excess of 100 will be paid for at the mileage rates provided, according to district on which used and weight on drivers of locomotive or other power used.
Question 47, Interpretation No. 1, Supplement No. 24:
Certain railroads formerly paid 100 miles between terminals, notwithstanding the distance nay have been less than 100 miles. Does this Article permit operating turnarounds turning at terminal on continuous time and mileage?
Decision: No. Schedule rules and accepted practices will govern.
Section 2. On runs of 100 miles or less, overtime will begin at the expiration of eight hours; on runs of over 100 miles, overtime will begin when the time on duty exceeds the miles run divided by 12 ½. Overtime shall be paid for on the minute basis, at an hourly rate of three-sixteenths (3/16ths) of the daily rate, according to district on which used and weight on drivers of locomotive or other power used.
ARTICLE 17
INITIAL AND FINAL TERMINAL SWITCHING
FREIGHT SERVICE
Section 1. Firemen in freight service making a trip between terminals who are required to do initial or terminal switching shall be paid on a minute basic for all time so consumed at one-eighth (1/8th) of the daily rate per hour applying to weight on drivers of locomotive service, and district; such time to be computed separately from road overtime and paid for irrespective of time consumed on the road. This time not to be counted in computing road overtime; except that when the number of hours switching is not equal in money value to the sum of the money values of switching hours and road overtime hours, switching time shall not be paid for and the road overtime shall be calculated and paid for the same as if switching had not occurred.
Section 2. (a) In calculating the time engaged in switching, time will be continuous from time work is begun until it is completed and train coupled together, except in cases where train is made up on two tracks and not coupled together account insufficient track room to clear other trains, the time between the time switching is completed and train is coupled together will not be calculated as initial switching. If on arrival at terminal crew is required to double portion of their train onto another track time so consumed is not terminal switching. If required to make more than one double, time consumed doubling will be calculated as terminal switching.
(b) Firemen who prior to commencing initial switching are required to turn their engine on wye, will be allowed initial switching time computed from time member of train crew takes charge of engine for the purpose of turning same on wye preparatory to commencing initial switching. This will also apply in cases where engine is turned prior to commencing final terminal switching.
Section 3. Firemen, after arrival at final terminal, inducted into terminal switching will be compensated under terminal switching rules of agreement from time terminal switching commenced until engine is placed on designated relieving track or fireman is relieved at terminal.
Section 4. Firemen required to perform six hours or more initial switching will be allowed 30 minutes to eat at the initial terminal, computed as part of the initial switching time. Firemen required to perform in excess of one (1) hour terminal switching at the final terminal of assignment will he allowed not to exceed thirty (30) minutes in which to eat, computed as part of the final terminal switching time, provided that firemen have been or will he on duty six (6) hours or more without an opportunity to eat.
Section 5. When road firemen entitled under agreement provisions to initial and terminal switching are required, before departing initial terminal or after arrival at final terminal of run, to spot cars of gravel or other maintenance of way material for loading or unloading, in connection with other terminal switching, such service will be compensated for under initial and terminal switching rules of agreement.
Note: When there is sufficient work on any certain date to consume the time of a crew to perform a combination of yard service and maintenance of way work, a crew will be called for this purpose.
Section 6. If a fireman (helper) is not on overtime on arrival at the final terminal, but the overtime period commences before final release; terminal switching accruing up to the period when overtime commences will be allowed at one-eighth (1/8th) of the daily rate, but tine thereafter shall be paid on the actual minute basis at three-sixteenths (3/16ths) of the daily rate.
EXAMPLES
No. 1--Required to report at A 7:00 A.M.
Switches at A until 7:00 A.M.
Leaves A 7:00 A.M.
Runs A to B, a distance of less than 100 miles
Arrives at B 1:30 P.M.
Switches at B until 2:00 P.M.
Relieved at B 2:00 P.M.
Compensation: 100 miles, plus 30 minutes initial switching and 30 minutes terminal switching at one-eighth of the daily rate.
No. 2--Required to report at A 7:00 A.M.
Switches at A until 9:00 A.M.
Leaves A at 9:00 A.M. and runs to B, 100 miles
Relieved at B 4:00 P.M.
Compensation: 100 miles, plus 2 hours switching at one-eighth of the daily rate; such allowance being greater than one hour overtime at one and one-half time.
No. 3--Required to report at A 7:00 A.M.
Switches at A until 7:30 A.M.
Runs A to B, 100 miles
Arrives at B 4:30 P.M.
Switches at B, 1 hour
Relieved at B 5:30 P.M.
Compensation: 100 miles, plus 2 hours 30 minutes overtime at three-sixteenths of the daily rate.
Note: This on account of initial and terminal switching being absorbed by overtime.
NO. 4--Required to report at A 7:00 A.M.
Switches at A until 7:45 A.M.
Runs A to B, 100 miles
Arrives at B 3:45 P.M.
Switches at B, 45 minutes
Relieved at B 4:30 P.M.
Compensation: 100 miles, plus 1 hour 30 minutes overtime at three-sixteenths of the daily rate.
Note: This on account of initial and terminal switching being absorbed by overtime.
No. 5--Required to report at A 7:00 A.M.
Switches at A until 7:30 A.M.
Runs A to B, 100 miles
Arrives at B 3:00 P.M.
Relieved at B 3:10 P.M.
Compensation: 100 miles, plus 30 minutes initial switching and 10 minutes final terminal delay at pro rata hourly rate and not at time and one-half.
No. 6--Required to report at A 7:00 A.M.
Delayed at A 7:20 A.M.
Runs A to B, 100 miles
Arrives at B 2:50 P.M.
Switches at B, 10 minutes
Relieved at B 3:00 P.M.
Compensation: 100 miles and 10 minutes terminal switching at pro rata hourly rate and not at time and one-half.
No. 7--On duty A 6:50 A.M.
Switched A 7:00 A.M. to 9:00 A.M.
Departed A 9:10 A.M.
Runs A to B, 100 miles
Arrived B 3:00 P.M.
Switched B 3:00 P.M. to 4:00 P.M.
Relieved B 4:10 P.M.
Compensation: 100 miles, 2 hours initial switching A, at 1/8th of the daily rate, computed from 7:00 A.M. to 9:00 A.M.; 1 hour 10 minutes terminal switching B at 1/8th of the daily rate, computed from 3:00 P.M. to 4:10 P.M.
No. 8--On duty A 6:00 A.M.
Switched A 6:10 A.M. to 8:10 A.M.
Departed A 8:30 A.M.
Runs A to B, 100 miles
Arrived B 3:00 P.M.
Switched B 3:00 P.M. to 5:00 P.M.
Relieved B 5:05 P.M.
Compensation: 100 miles, 2 hours initial switching A, at 1/8th of the daily rate, computed from 6:10 A.M. to 8:10 A.M.; one hour at 1/8th of the daily rate, computed from 3:00 P.M. to 4:00 P.M,; and one hour, 5 minutes at 3/16ths of the daily rate, computed from 4:00 P.M. to 5:05 P.M., terminal switching at B.
Note: Under Example No. 8, payment for terminal switching at 3/16ths of the daily rate per hour begins at 4:00 P.M. due to the fact that road overtime accrues before switching is completed, terminal switching 3:00 P.M. to 4:00 p.m. being paid for at 1/8th of the daily rate.
No. 9--On duty A 9:15 A.M.
Departed A 9:50 A.M.
No switching performed
Runs A to B, 100 miles
Arrived B 3:15 P.M.
Switched B (4 hours, 20 min.) 3:25 P.M. to 7:45 P.M.
Relieved B 7:45 P.M.
Compensation: 100 miles, 1 hour 50 minutes final terminal switching at 1/8th of the daily rate from 3:25 P.M. to 5:15 P.M.; 2 hours 30 minutes final terminal switching at 3/16ths of the daily rate from 5:15 P.M. to 7:45 P.M.
No. 10-On duty 7:00 A.M.
Switches A 7:00 A.M. to 9:00 A.M.
Leaves A 9:00 A.M.
Runs A to B, 100 miles
Relieved B 4:20 P.M.
Compensation: Either 100 miles plus 2 hours switching at 1/8th of the daily rate, or 100 miles and 1 hour 20 minutes road overtime at 3/16ths of the daily rate per hour, because the money value of the switching allowance and the money value of the road overtime at 3/16ths of the daily rate are equal.
No. 11-On duty A 7:00 A.M.
Switches A 7:00 A.M. to 9:00 A.M.
Leaves A 9:00 A.M.
Runs A to B, 100 miles
Relieved B 5:00 P.M.
Compensation: 100 miles plus 2 hours overtime at 3/16ths of the daily rate per hour. In this case the money value of the road overtime at 3/16ths of the daily rate exceeds the allowance of 2 hours switching at 1/8th of the daily rate.
No. 12-On duty A 7:00 A.M.
Switches A 7:10 A.M. to 11:10 A.M.
Does not depart A
Crew relieved A 11:20 A.M.
Compensation: 100 miles, 4 hours and 10 minutes initial switching.
In connection with above examples, it is understood as provided in Section 1 of Article 17, Firemen's Agreement, that when the number of hours switching is not equal in money value to the sum of the money values of switching hours and road overtime hours, switching time will not be paid for and the road overtime will be calculated and paid for the same as if switching had not accrued.
ARTICLE 18
INITIAL AND FINAL TERMINAL DELAY
FREIGHT SERVICE
Section 1. If road overtime has commenced, terminal overtime shall not apply and road overtime will be paid to the point of final release.
Section 2. If road overtime has not commenced, final terminal delay in freight and helper service shall be paid for the full delay at the end of the trip, such final terminal delay to be computed after the arrival of train within yard limits of final terminal as hereinafter provided:
(a) Final terminal delay shall be computed from the time engine of train reaches the designated main track switch connection with the yard track, at which time road time will cease and terminal time shall begin and continue until fireman is relieved from duty.
(b) When a freight train on arrival at the final terminal of a run is stopped before reaching designated main track switch connection with the yard track owing to the following circumstances:
(1) By a preceding train standing between said connection and the train stopped;
(2) To meet or permit a superior train to pass;
(3) Pending availability of a yard track to receive the train;
(4) For the purpose of permitting a yard engine to make a change in the consist of the train; final terminal delay will be computed from the time the train is stopped within the terminal.
Section 3. If engine is stopped for any cause after reaching or passing a recognized point or location, to be agreed upon by superintendent and local chairman, UTU(E), within approximately two miles of the designated main track switch connection with the yard track, final terminal delay will be computed from the time of such stop.
Section 4. When fireman (helper) reaches the final terminal before overtime commences, calculated from the time of reporting for duty, terminal delay will be allowed at one-eighth (1/8th) of the daily rate.
Section 5. If the fireman (helper) is not on overtime on arrival at the final terminal, but the overtime period commences before final release, terminal delay accruing up to the period when overtime commences will be allowed at one-eighth (1/8th) of the daily rate, but time thereafter shall be paid on the actual minute basis at three-sixteenths (3/16ths) of the daily rate.
Section 6. The mileage from designated track where locomotive is received, to point at which road mileage begins, where one mile or more, will be paid for in addition to the allowed road mileage of the trip.
Section 7. When final terminal delay does not accrue, or road overtime is not made, actual mileage, where one mile or more, will be allowed from designated switch to point of release and paid for in addition to the allowed road mileage of the trip.
Note: In the application of Sections 6 and 7 of this Article, initial and final terminal miles, when payable, will be allowed separately from road trip miles. The following examples are illustrative:
EXAMPLES
No. 1--Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 5:00 P.M.
Relieved final terminal 5:10 P.M.
Mileage of trip 90
Mileage roundhouse to yard, initial terminal 2.1
Mileage yard to roundhouse, final terminal 2.1
Allowance: 100 road miles and 1 hour 10 minutes overtime at 3/16ths. No allowance for roundhouse miles, either initial or final terminal.
No. 2--Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 2:00 P.M.
Switches at B--50 minutes 2:00 P.M. to 2:50 P.M.
Relieved final terminal 3:00 P.M.
Mileage of trip 90
Mileage roundhouse to yard, initial terminal 1.4
Mileage yard to roundhouse, final terminal 2.1
Allowance: 100 road miles, 1 initial roundhouse mile and 1 hour switching. No final terminal roundhouse miles.
No. 3--Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives main track designated switch,
final terminal 3:00 P.M.
Relieved final terminal 3:45 P.M.
Mileage of trip 90
Mileage roundhouse to yard, initial terminal 2.1
Mileage yard to roundhouse, final terminal 1.9
Allowance: 100 road miles, 45 minutes final terminal delay and 2 initial roundhouse miles. No final terminal roundhouse miles.
No. 4--Fireman brought on duty 9:20 P.M.
Departs initial terminal 10:55 P.M.
Arrives final terminal 4:55 A.M.
Relieved final terminal 5:35 A.M.
Mileage of trip 90
Mileage roundhouse to yard, initial terminal 7.16
Allowance: 100 road miles, 7 initial roundhouse miles, 25 minutes terminal delay at 1/8th of the daily rate and 15 minutes at 3/16ths of the daily rate.
No. 5--Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 2:40 P.M.
Relieved final terminal P.M.
Mileage of trip 75
Mileage yard to roundhouse, final terminal 1.6
Allowance: 100 road miles and 2 roundhouse miles or 10 minutes final terminal delay.
No. 6--Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 2:40 P.M.
Relieved final terminal 2:50 P.M.
Mileage of trip 75
Mileage yard to roundhouse, final terminal 2.1
Allowance: 100 road miles and 2 roundhouse miles or 10 minutes final terminal delay.
No. 7--Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 2:40 P.M.
Released final terminal 2:50 P.M.
Mileage of trip 75
Mileage roundhouse to yard, initial terminal 1.2
Mileage yard to roundhouse, final terminal 1.2
Allowance: 100 road miles, 1 initial roundhouse mile, and 10 minutes final terminal delay.
No. 8--Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 2:40 P.M.
Released final terminal 2:50 P.M.
Mileage of trip 75
Mileage roundhouse to yard, initial terminal 1.2
Mileage yard to roundhouse, final terminal 1.3
Allowance: 100 road miles, 1 initial roundhouse mile, and 10 minutes final terminal delay.
No. 9--Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 2:40 P.M.
Released final terminal 2:50 P.M.
Mileage of trip 75
Mileage roundhouse to yard, initial terminal 1.6
Mileage yard to roundhouse, final terminal 1.6
Allowance: 100 road miles, 2 initial roundhouse miles and 10 minutes final terminal delay.
No. 10-Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 6:00 P.M.
Relieved final terminal 6:20 P.M.
Mileage of trip 140
Mileage roundhouse to yard, initial terminal 1.3
Allowance: 140 road miles, 1 roundhouse mile and 20 minutes final terminal delay.
No. 11-Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 6:00 P.M.
Relieved final terminal 6:20 P.M.
Mileage of trip 140
Mileage yard to roundhouse, final terminal 2.1
Allowance: 140 road miles and 20 minutes final terminal delay.
No. 12-Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 6:00 P.M.
Released final terminal 6:20 P.M.
Mileage of trip 140
Mileage roundhouse to yard, initial terminal 1.2
Mileage yard to roundhouse, final terminal 1.2
Allowance: 140 road miles, 1 initial roundhouse mile and 20 minutes final terminal delay.
No. 13-Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 6:00 P.M.
Relieved final terminal 6:20 P.M.
Mileage of trip 140
Mileage roundhouse to yard, initial terminal 1.2
Mileage yard to roundhouse, final terminal 1.3
Allowance: 140 road miles, 1 initial roundhouse mile and 20 minutes final terminal delay.
No. 14-Fireman brought on duty 8:00 A.M.
Departs initial terminal 8:20 A.M.
Arrives final terminal 6:00 P.M.
Relieved final terminal 6:20 P.M.
Mileage of trip 140
Mileage roundhouse to yard, initial terminal 1.6
Mileage yard to roundhouse, final terminal 1.6
Allowance: 140 road miles, 2 initial roundhouse miles and 20 minutes final terminal delay.
LIGHT ENGINES:
No. 15-Fireman brought on duty at 2:15 A.M.
Departs A 3:45 A.M.
Arrives B 5:40 A.M.
Departs B 6:00 A.M.
Arrives A 7:50 A.M.
Arrives relieving track at A 8:10 A.M.
Mileage from A to B and return 40
Mileage roundhouse to station, initial
terminal 2.52
Mileage, designated point to relieving track,
final terminal 2.94
Allowance: 100 road miles and 5 terminal miles.
Note: When overtime earned does not equal in money value the equivalent of roundhouse miles, roundhouse miles will be allowed.
Section 8. Firemen assigned exclusively to helper service, who are not on overtime on arrival at their helper terminal on final trip of their day, will be allowed, in addition to initial roundhouse miles on initial trip of their day and final roundhouse miles on final trip of their day, initial and final terminal roundhouse miles on intermediate trips of their helper day, under the provisions of Sections 6 and 7, this Article. Such firemen will also be allowed final terminal delay on arrival at helper terminal on final trip of their day, under provisions of Sections 1, 2, 3, 4, and 5, this Article, with the understanding that, when such terminal delay is allowed, it will absorb roundhouse mileage on the incoming portion of final trip of their day.
It is understood that firemen assigned exclusively to helper service, who arrive terminal on final trip of their day on overtime, will not be allowed either initial, intermediate, or final terminal miles; except when overtime earned does not equal in money value the equivalent of roundhouse miles, roundhouse miles will be allowed.
Section 9. (a) Initial terminal delay shall be paid on a minute basis to firemen (helpers) on other than steam power in through freight and helper service after one (1) hour and fifteen (15) minutes unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the terminal, at one-eighth (1/8th) of the basic daily rate, according to the weight on drivers of locomotive used, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal time under this rule.
Note: The phrase "train leaves the terminal" means when the engine of the train on which the fireman (helper) is operating departs from the make-up track.
Where mileage is allowed between the point of reporting for duty and the point of departure from the track on which the train is first made up, each mile so allowed will extend by 4.8 minutes the period of one (1) hour and fifteen (15) minutes after which initial terminal delay payment begins.
Note: The phrase "through freight service" as used in this rule does not include mine run, shifter, roustabout, belt line, transfer, work, wreck, construction, circus train (paid special rates or allowances), road switcher, district runs, local freight and mixed service.
(b) When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid.
(C) When a tour of duty is composed of a series of trips, initial terminal delay will be computed on only the first trip of the tour of duty.