ITEM ‑ 41(q)
MODIFICATION OF RULE 41
Eighth Seniority District ‑ Ogden‑Green River
It is agreed that the provisions of
Rule 41 of the current agreement between the Union Pacific Railroad Company
and the United Transportation Union (C) and (T) effective November 1, 1957, are
hereby modified with respect to its application to the Eighth Seniority
District (Ogden‑Green River) to the extent herein provided:
(1) Pool freight crews run around by
other pool freight crews in Ogden Yard, or enroute between Ogden and Green River,
will upon arrival at Green River be given the same relative position on the
list at Green River that they held prior to leaving Ogden, except that crews
with less time to work than required by Rules 42(a) and (b) of the current
schedule, or who become first out before having required rest, shall stand
first out after rest period, and upon arrival at Ogden shall be given same
relative position on list as was held prior to leaving Ogden on last trip.
(2) Pool freight crews who are run
around by other pool freight crews in Green River Yard, or enroute between
Green River and Ogden, will upon arrival at Ogden be given the same relative
position on the list at Ogden that they held prior to leaving Green River
except as provided in Section 1.
(3) (a) Pool freight crews making turnaround
trips between Ogden and Wyuta or between Ogden and Park City will stand first
out at Ogden eight (8) hours after they tie up.
(b) Pool freight crews making
turnaround trips between Ogden and Evanston and short of Evans ton other than
as stated in paragraph (a) will stand first out at Ogden fifteen (15) hours
after arrival.
Crews making turnaround trips between Ogden and points
beyond Evanston will take position on board at Ogden per arrival.
(c) Crews will be called in their turn
prior to expiration of eight or fifteen hours, as the case may be, if available
under the Hours of Service Act.
(4) Pool freight crews making
turnaround trips out of Green River will take position on list at Green River as
per arrival, and on arrival at Ogden will stand on the list at Ogden in the
same relative position as at Green River after the turnaround trip. In no
event, will a crew assume a position at Green River ahead of position held out
of Ogden. In applying this Section (4) the following exceptions will govern:
(a) Pool freight crews making short
turnaround trip between Green River to and including Echo will stand first out
at Green River 2 1/2 hours after tie‑up at Green River.
(b) Crews may be used on continuous
time providing they have sufficient time to cover the district in accordance
with schedule rules.
(c) Crews making short turnaround trip
Green River to and including Echo as described herein, will take same relative
position on the board at Ogden as they held on the board at Green River when
they were placed first out. Example: Crew A makes short turnaround Green River
to Echo and return, and ties up at Green River 2:00 PM. He is placed first out
at 4:30 PM making the line up of crews as follows: A B C D E Crew A is not
fully rested at calling time and it is necessary to call Crews B and C ahead of him at Green River. Crews will be
placed on the board at Ogden in the following order: A B C D E and will be
called in that order out of Ogden for subsequent trips. However, should crew A
not be fully rested at calling time, it will be called when fully rested and
that calling time will establish its position on the board at Ogden and Green
River.
(5) Crews requesting rest in accordance
with Rule 71 will retain their position on the list. In the event a crew
becomes first out during rest period and is run around, they will stand first
out at the expiration of their rest period.
(6) Crews that double out of Green
River and tie up enroute due to insufficient time, and deadhead into Ogden,
will be given same relative position on list at Ogden as held prior to departure
from Ogden on the last trip.
(7) Pool freight crews tying up between
terminals and taking legal rest at tie‑up point, will be given position
on list as per arrival at Ogden or Green River.
(8) Crews added to freight pool in
accordance with Schedule Rule 38 will not be considered as run around when
other pool crews arriving at Ogden after 12:01 PM are placed ahead of them
under provisions of this agreement.
(9) Upon arrival at Ogden and Green
River, trainmen who have been run around will notify crew dispatcher, or proper
authority, as to their standing on the list at Green River or Ogden. The
Company will not be subjected to penalty payments because trainmen fail to
furnish information or furnish incorrect information. This does not, however,
estop the management from taking disciplinary action when it is developed the
employee have furnished incorrect information.
(10) No claims for runarounds will be
submitted or considered when crews do not depart in their first‑in first‑out
order at Ogden or Green River.
(11) This agreement supersedes
agreement dated November 22, 1954 titled "Modification of Rule 41",
agreement dated November l9, 1965 listing exceptions to Section 4 of the
November 22, 1954 agreement, and agreement dated January 14, 1970 modifying
Article 1 of the November 19, 1965 agreement.
(12) This agreement is effective January 16, 1973 and will automatically
terminate ten (10) days after service of notice by any party upon the others of
desire to terminate it, at which time the schedule rules affected by this
agreement will be in full force and effect.
Dated at Omaha, Nebraska this 4th day
of
January, 1973.