ARTICLE
IX - INTERDIVISIONAL SERVICE
NOTE:
As used in this Agreement, the term interdivisional
service includes
interdivisional, interseniority district, intradivisional
and/or intraseniority district service.
An individual carrier may establish
interdivisional service, in freight or passenger service, subject to the
following procedure.
Section
I - Notice
An individual carrier seeking to
establish interdivisional service shall give at least twenty days' written
notice to the organization of its desire to establish service, specify the
service it proposes to establish and the conditions, if any, which it proposes
shall govern the establishment of such service.
Section
2 - Conditions
Reasonable and practical conditions
shall govern the establishment of the runs described, including but not limited
to the following:
(a)
Runs shall be adequate for efficient operations and reasonable in regard
to the miles run, hours on duty and in regard to other conditions of work.
(b) All miles run in excess of the
miles encompassed in the basic day shall be paid for at a rate calculated by
dividing the basic daily rate of pay in effect on October 31, 1985 by the number
of miles encompassed in the basic day as of that date. Car scale and
weight-on-drivers additives will apply to mileage rates calculated in accordance
with this provision.
(c) When a crew is required to report
for duty or is relieved from duty at a point other than the on and off duty
points fixed for the service established hereunder, the carrier shall authorize
and provide suitable transportation for the crew.
Note: Suitable
transportation includes carrier owned or provided passenger carrying motor
vehicles or taxi, but excludes other forms of public transportation.
(d) On runs established hereunder crews
will be allowed a $4.15 meal allowance after 4 hours at the away-from-home
terminal and another $4.15 allowance after being held an additional 8 hours.
(e)
In order to expedite the movement of interdivisional runs, crews on runs
of miles equal to or less than the number encompassed in the basic day will not
stop to eat except in cases of emergency or unusual delays. For crews on longer
runs, the carrier shall determine the conditions under which such crews may stop
to eat. When crews on such runs are not permitted to stop to eat, crew members
shall be paid an allowance of $1.50 for the trip.
(f) The foregoing provisions (a)
through (e) do not preclude the parties from negotiating on other terms and
conditions of work.
Section
3 - Procedure
Upon the serving of a notice under
Section 1, the parties will discuss the details of operation and working
conditions of the proposed runs during a period of 20 days following the date of
the notice. If they are unable to agree, at the end of the 20-day period, with
respect to runs which do not operate through a home terminal or home terminals
of previously existing runs which are to be extended, such run or runs will be
operated on a trial basis until completion of the procedures referred to in
Section 4. This trial basis operation will not be applicable to runs which
operate through home terminals.
Section
4 - Arbitration
(a) In the event the carrier and the organization cannot agree on the matters
provided for in Section I and the other terms and conditions referred to in
Section 2 above, the parties agree that such dispute shall be submitted to
arbitration under the Railway Labor Act, as amended, within 30 days after
arbitration is requested by the carrier. The arbitration board shall be governed
by the general and specific guidelines set forth in Section 2 above.
(b) The decision of the arbitration
board shall be final and binding upon both parties, except that the award shall
not require the carrier to establish interdivisional service in the particular
territory involved in each such dispute but shall be accepted by the parties as
the conditions which shall be met by the carrier if and when such
interdivisional service is established in that territory. Provided further,
however, if carrier elects not to put the award into effect, carrier shall be
deemed to have waived any right to renew the same request for a period of one
year following the date of said award, except by consent of the organization
party to said arbitration.
Section
5 - Existing Interdivisional Service
Interdivisional service in effect on
the date of this Agreement is not affected by this Article.
Section
6 - Construction of Article
The foregoing provisions are not
intended to impose restrictions with respect to establishing interdivisional
service where restrictions did not exist prior to the date of this Agreement.
Section
7 - Protection
The provisions of Article XIII of the
January 27, 1972 Agreement shall apply to employees adversely affected by the
application of this Article.
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This
Article shall become effective November 1, 1985 except on such carriers as may
elect to preserve existing rules or practices and so notify the authorized
employee representatives on or before such date. Article XII of the January 27,
1972 Agreement shall not apply on any carrier on which this Article becomes
effective.