RULE 48. SWITCHING BY ROAD CREWS. No payments will accrue to yard enginemen account road engine crews performing service as provided in Rules 8(d), 20 and 21, but if road engine crews are required to perform yard switching other than as provided in those rules, first-out extra yard crew available at such terminal will be allowed a minimum yard day at highest rate applicable to yard engines used in that yard.
(b) Switching Service For New Industries.
(1) Where an industry
desires to locate outside of existing switching limits at points where yard
crews are employed, the carrier may assure switching service at such location
even though switching limits be not changed, and may perform such service with
yard crews from a yard or yards embraced within one and the same switching
limits without additional compensation or penalties therefor to yard or road
crews, provided the switch governing movements from the main track to the track
or tracks serving such industry is located at a point not to exceed 4 miles from
the then existing switching limits. Other industries located between the
switching limits and such new industries may also be served by either road or
yard men without additional compensation or penalties therefor to road or yard
men. Road crews may perform service at such industry only to the extent they
could do so if such industry were within switching limits. Where rules require
that yard limits and switching limits be the same, the yard limit board may be
moved for operating purposes but switching limits shall remain unchanged unless
and until changed in accordance with rules governing changes in switching
limits.
The yard engineer or yard engineers involved shall keep account of and report to the carrier daily on form provided the actual time consumed by the yard crew or crews outside of the switching limits in serving the industry in accordance with this rule and a statement of such time shall be furnished the General Chairman representing yard and road engineers by the carrier each month. The General Chairman may at periodic intervals of not less than 3 months designate a plan for apportionment of time whereby road engineers from the seniority district on which the industry is located may work in yard service under yard rules and conditions to offset the time consumed by yard crews outside the switching limits.
Failing to arrange for the apportionment at the indicated periods, they will be understood to have waived rights to apportionment for previous periods. Failure on the part of employe representatives to designate an apportionment, the carrier will be under no obligation to do so and will not be subject to claims.
(2) This rule shall in no way affect the servicing of industries outside yard or switching limits at points where no yard crews are employed.
(c) Changing Switching Limits. (1) Where an individual carrier not now having the right to change existing switching limits where yard crews are employed, considers it advisable to change the same, it shall give notice in writing to the General Chairman or General Chairmen of such intention, specifying the changes it proposes and the conditions, if any, it proposes shall apply in event of such change. The carrier and the General Chairman or General Chairmen shall, within 30 days, endeavor to negotiate an understanding.
In the event the carrier and the General Chairman or General Chairmen cannot so agree on the matter, the dispute shall be submitted to arbitration as provided for in the Railway Labor Act, as amended, within 60 days following the date of the last conference. The carrier shall designate the exact questions or conditions it desires to submit to arbitration and the General Chairman or General Chairmen shall designate the exact questions or conditions such General Chairman or General Chairmen desire to submit to arbitration. Such questions or conditions shall constitute the questions to be submitted to arbitration. The decision of the Arbitration Board will be made within 30 days after the Board is created, unless the parties agree at anytime upon an extension of this period. The award of the Board shall be final and binding on the parties and shall become effective thereafter upon 7 days notice by the carrier.
changing of yard or switching limits at points where no yard crews are employed.(2) This rule shall in no way affect the