PART TWO

INTERPRETATIVE QUESTIONS AND ANSWERS

ARTICLE I - CREW CONSIST
Section 3.

Q Does the minimum crew consist in any way affect single assignments, such as switchtenders, skatemen, herders, pilots, retarder operators, etc.

A The minimum crew consist does not pertain to single assignments.

Q 1 A freight/yard assignment regularly services an industry or industries. A new industry is later established which generates new business requiring freight/yard service. May this freight/yard assignment be operated with a reduced crew under the new business concept?

A No, extension of the existing freight/yard assignment to include the servicing of the new industry would not constitute new business.

Q 2 When could new business and new service qualify for using a reduced crew?

A When the new business results in having to provide new service to exclusively accommodate the new business.

Q 3 May a new road switcher assignment be considered as new business or service?

A Consistent with Questions 1 and 2 herein, a new road switcher assignment may be operated with a reduced crew when providing new service to exclusively accommodate the new business.

Q 4 (With regard to Question 1 herein involving a freight/ yard assignment that regularly services an industry or industries.) May a specific and identified freight/ yard assignment such as a traveling switcher, a local freight train, a mine run, or an industrial road/yard engine be operated with a reduced crew under the new business concept?

A Consistent with Question and Answers 1 and 2 herein, such specific and identified freight/yard assignments may be operated with a reduced crew when providing new service to exclusively accommodate the new business.

Q 5 (Example): Prior to February 1 there were twelve pool freight crews in service on a designated pool freight district. After February 1, two turns are added to handle increase in business. Would this be considered as new business or new service operation?

A No.

Section 3. (Non-Revenue).

Q 1 May the Carrier call a reduced crew to perform relief service when the train to be relieved has a required standard crew?

A Yes, provided no other work is performed, such as switching, set out and/or pick up, etc.

Q 2 In reference to Question 1, would this restriction apply if the train relieved did not require a standard crew?

A No.

Q 3 When relief service is protected by first-out through freight crews instead of an extra board, would all members of a one-and-two crew be used for the relief service?

A Yes, the crew consist of the through freight crew in this instance would not be broken.

Q 4 In reference to Article II, Section l(b) (no switching enroute) . If a train handled by a reduced crew ties up under the Law, would the relieving crew be under the same restrictions?

A Yes.

ARTICLE III - DEFINITIONS.

Section 1 (c). (Blankable Positions)

Q 1 Do protected employes have the right to fill blankable brakemen/yardmen positions?

A. Yes, as provided in this Agreement.

Q 2 Is it necessary to bulletin a blankable brakeman/yardman position?

A Yes, if required by Schedule Rules.

Q 3 Must blankable brakemen/yardmen positions under bulletin be filled from the protecting extra boards by protected employes?

A Yes, subject to the availability of protected yardmen/brakemen.

Q 4 May protected employes exercise seniority to blankable positions under bulletin in accordance with Schedule Rules or Agreement?

A Yes.

Q 5 Do non-protected brakemen/yardmen have the right to blankable positions?

A No.

Section 2(b). (Displacement Rights).

Q 1. How shall a protected employe acquire the right to exercise seniority to a blankable (blanked) position?

A By seniority right to obtain such position under governing existing Schedule Rules and as further provided in this Agreement.

Q 2 Does a protected employe retain the right to take a blanked or blankable position even though it was passed up previously?

A Yes, provided he is entitled to an exercise of seniority under the applicable schedule rules.

ARTICLE IV - EXTRA BOARDS BRAKEMEN/YARDMEN

Section 1 (a) and (b) (Yard/Road)

Q 1. If a protected extra board brakeman/yardman is held for a must-fill vacancy/ when must the employe be notified of the must-fill vacancy?

*A The brakeman/yardman will be notified as soon as possible but not later than the calling tine of the assignment from which withheld.

Q 2 Should a protected brakeman/yardrnan be held for a known must-fill vacancy; and after notified, an earlier must-fill vacancy becomes known, may ' the Carrier use the held brakeman/yardman.for the earlier vacancy?

*A. Yes, if available, but the employe shall not be censured or penalized if unable to locate.

Q 3 May a first-out protected employe standing for a blankable vacancy be held for a known must-fill vacancy when there is a non-protected employe available on the extra beard to fill such vacancy?

No.

Q 4 When may a protected brakeman/yardman be held for a known must-fill vacancy?

*A Only when the extra board would otherwise be exhausted.

Q 5 Does a must-fill vacancy include a vacancy on a conductor/foreman's assignment?

*A No, only vacancies on brakeman/helper positions.

Q 6 May a protected yardman be held for a known must-fill vacancy outside the starting time shift for which he stood?

A No, unless there is no other -extra yardman available, or becomes available to fill such vacancy.

Q 7 If other extra men subsequently become available on the extra board to protect such must-fill vacancy or vacancies, will the held protected yardman be released?

A Yes, and will retain first-out position on the extra board and allowed a basic day's pay for being held and not used.

Q 8 When would a known must-fill vacancy not materialize?

A Regular man returns or filled through exercise of seniority.

Q 9 There is a must-fill vacancy and a blankable vacancy on a 3:30 PM assignment and also a must-fill vacancy on a 4:00 PM assignment. How would these vacancies be filled from the extra board that is lined up with a protected yardman first out, a non-protected yardman second out, and a protected yardman third out.

A The first-out protected yardman would be called for the must-fill 3:30 PM vacancy and the third-out protected yardman would be called for the 3:30 PM blank-able vacancy and the second-out non-protected yardman-would be called for the 4:00 PM must-fill vacancy account' the non-protected yardman would have no right to a blankable vacancy.

Q 10 Under the foregoing example, if the extra board was lined up with the first two as protected yardmen and the third a non-protected yardman, how would such vacancies be filled?

A The 3:30 PM must-fill vacancy and the 3:30 PM blank-able vacancy would be filled by the first and second--out protected yardmen and the 4:00 PM must-fill . vacancy by the third-out non-protected yardman.

Q 11 There are only two protected extra yardmen on the extra board when a blankablc vacancy arises and, also, there is a subsequent known must-fill vacancy. Which protected yardman would be held for the later .must-fill vacancy?

A The first-out protected yardman would be used on the blankable position and the second-out protected yardman would be held for the subsequent must-fill vacancy, However, if there are two subsequent must-fill vacancies, both protected extra yardmen would be held account extra board then exhausted.

Q 12 In reference to second yardmen positions, how will extra engines be treated?

A The terms of this Crew Consist Agreement apply to both regular and extra yard assignments.*Q 13 If there are two must-fill and two blankable vacancies with the same on-duty time and the employes on the extra board are first-out, protected; second, nonprotected; third, protected; fourth, non-protected, how would these vacancies be filled from the extra board?

A The must-fill vacancies will be filled first, so that the first-out protected employe would have an election; the second non-protected employe would fill the second must-fill vacancy; the third protected employe would have an election on one of the two blank-able vacancies; and the fourth non-protected employe would not be used to fill the remaining blankable vacancy.

*Q 14 -In reference to Q 13, the extra board is lined up with non-protected employes first and second out, and protected employes third and fourth out. How would these vacancies then be filled from the extra board?

A The first- and second-out non-protected employes would fill the two must-fill vacancies and the third-and fourth-out protected employes would fill the blankable vacancies, the first employe having an election in both cases.

(* Applicable to both subsections (a) and (b) of Section 1, Article IV).

ARTICLE IV. Section 1(b).

A protected brakeman stands to be called for blank-able vacancy "A" from the first-out position on the extra board at 6:00 AM. The employe is withheld from vacancy "A" for must-fill vacancy "C" for approximately 11:30 AM. The employe is then used in emergency when unforeseen must-fill vacancy "B" appears at 7:30 AM, account no other extra brakeman available. Under the provisions of Section l(b), Article IV, the employe would, be paid the earnings of vacancy "B" on which worked in emergency and also paid the earnings of vacancy "A" for which the employe stood at 6:00 AM,

Q 1 When a protected brakeman is held for a known must-fill vacancy and other extra employes subsequently become available on the extra board, who can protect such vacancy or vacancies, will the held brakeman be released and returned to the extra board?

A No, the held brakeman will be handled on the basis that the vacancy for which held did not materialize.

Q 2 How long may a protected brakeman on the road extra board be held for a must-fill vacancy.

A A protected extra brakeman may be held from the time a known vacancy exists until such vacancy is fulfilled or the brakeman is released therefrom. A protected extra brakeman will not be held for a must-fill vacancy unless, at the normal calling time of the position from which withheld, the extra board is exhausted In any event, a protected extra brakeman held for a must-fill vacancy shall not lose any earnings that such brakeman would have otherwise accrued had such brakeman not been held.

Q 3 There is a must-fill vacancy in road service and a must-fill vacancy in yard service with the same on-duty time. On which vacancy would the first-out employe on a combination road/yard extra board be used?'

A The first-out employe would have an election.

Q 4 There is a must-fill vacancy in road service and a blankable vacancy in yard service, or vice versa, with the same on-duty time and the first-out employe on the combination extra board is protected. On . which vacancy will the protected employe be used?

A On the must-fill vacancy.

Q 5 There is a blankable vacancy in yard service and a blankable vacancy in road service with the same on-duty time and the first-out employe on the combination extra board is protected. On which vacancy will the protected employe be used?      

A The first-out protected employe will have an election.

ARTICLE IV. Section 2 (b) .

Q If the most junior employe cannot be contacted, will such employe be penalized or disciplined?

A No, such employe would not be available in the circumstances.

Q 1 Is it the intent to reduce a standard crew at the away from-home terminal when such crow is called for a train only requiring a reduced crew, by deadheading the second brakeman home?

A No, the second brakeman will remain with the crew, except under conditions stated herein.

Q 2 A brakeman is not available to step up from a following turn at the away-from-home terminal. May a brakeman on a preceding turn be held for a must-fill vacancy on a following turn?

A A brakeman will not be held to fill a following must-' fill vacancy if the vacancy can otherwise be filled under existing Schedule Rules. However, if held under conditions where no other brakeman is available, such brakeman may not be held longer than the first pool crew immediately following.

A regular brakeman who is held to fill a must-fill vacancy on an immediately following turn will be restored to his regular crew at the home terminal. The employe will be paid not less than the earnings of his crew from the time removed until restored thereto. (Held time accruing to such brakeman will not be used as an offset.)

An extra brakeman at the away-from-home terminal is filling a vacancy of a regular brakeman and is held for a must-fill vacancy on a turn immediately following. The extra brakeman's pay will commence at the on-duty time of the crew from which withheld and will continue until initial terminal time starts for the crew for which held. Such payment will be made at the pro rata basic rate. The payment will be separate and apart from earnings of the crew on which worked.

Q 3 Under what conditions would a reduced crew out of the away-from-home terminal be returned to the home terminal as a standard crew?

A As provided in Article II.

ARTICLE V - RADIOS. Section 2(b).

Q 1 Will the engine radio and/or the caboose radio be classed as the portable radio for the brakeman/yard-man and the conductor/foreman on a reduced crew?

A - No.

Q 2 -Is it fully understood that no reduced road/yard crew will be operated on any seniority district unless all members of the crew have operable portable radios." 

A Yes.

Q 3 If the portable radio fails enroute, will the crew continue to its terminal?

A Yes.

ARTICLE VII - SPECIAL ALLOWANCE

and

ARTICLE VIII - PRODUCTIVITY FUND.

Q 1 Where a reduced crew performs combination deadhead-service, or service-deadhead, would such crew qualify for the special allowance and deposit made to the Productivity Fund?

A Combination deadhead-service, or service-deadhead, will be treated the same as service trips in applying the special allowance and deposit to the Productivity Fund.

Q 2 Do the special allowance and the Employes' Productivity Fund payment apply to held time, runarounds, deadheads, call and release (no work performed), guarantee^, holiday pay when service not performed on holiday, personal leave pay, vacation pay, penalty days paid due to violation of agreement rules, and the like?

A No. These payments cover road service trips and yard tours of duty actually worked where the additional responsibility in working with a reduced crew is involved.

Q 3 Does a reduced crew that is called on duty, performs service (work), and is subsequently released, qualify for the special allowance?

A Yes, because service (work) was actually performed as a reduced crew and will be credited as a tour of duty for the purpose of the Productivity Fund.

Q 4 In reference to the preceding question, the crew performs no service but qualifies for the payment prescribed in the Schedule Rules.

A The crew would not qualify for the special allowance because no service (work) was performed.

Q 5 Will a compensable relief deadhead trip made by an employe (single individual) be taken into account as a credit share in the Productivity Fund?

No, only where such trip is made with a crew in lieu of a service (work) trip. 
(NOTE: This was changed in the 10/09/80 Q&A's.  Reproduced here for ready reference.)

Q   Will a relief deadhead trip made by an employe (single individual) be taken into account as a credit share in the Productivity Fund?

A   Yes. (supersedes Question and Answer 5 contained in the Basic Agreement)

Q 6 Are the number of days not worked while protecting the extra board credited to the employe for the purpose of sharing in the Fund?

A No, only actual service in freight or yard will be credited.

Q 7 Will employes working single assignments share in the Productivity Fund?

A Yes, but they do not receive the, special allowance.

Q 8 Under Article III, Sections l(a) and (b) of the June 25, 1964 National Agreement, Manning Self-Propelled Machines, do the reduced crew conditions apply?

A No. See Answer to Question 7.

Q 1 In the year 1980 an employe with a seniority date of November 28, 1965 will have fifteen years' seniority. Will the employe be eligible for eight days' personal leave in 1980?

A Yes.

Q 2 In reference to the above, if the employe took one or more personal leave days prior to November 28, 1980 (anniversary date), then would the employe be eligible for only six days in 1980?

A No, except that two additional days could not be taken until after November 28, 1980.

Q 3 An employe has twenty-three years of service which includes five years in a craft other than trainmen. Does this make the employe eligible for ten personal leave days?

A No, the years of service must be in the craft of conductor/brakeman/yardman.

Q 4 A trainman holding a regular position in through freight service requests four personal leave days. The employe's regular turn' is called for 11:00 PM on the 1st. When do the personal leave days start?

A, 12:01 AM, the 1st.

Q 5 In reference to the above, the employe's regular assignment is again called on duty at 8,: 00 PM on the 4th. Does this mean the employe cannot return to work on regular assignment because personal leave days are not up until 12:01 AM on the 5th?

A Yes.

Q 6 May an employe request four personal, leave days and after two days are taken, request to go back to work and be charged with only two personal leave days?

A No, once personal leave days are granted, they cannot be cancelled by either the employe or the Carrier.

Q 7 Would an employe in yard service or road service covered by Holiday Pay Rules be entitled to personal leave days?

A No, as long as such employe remains in yard service or on a road assignment qualifying for holiday pay.

Q 8 Is an employe who starts personal leave "off until reports?"

A No, such employe is due back on the day following last day of the personal leave absence, unless arrangements are made for further absence.

Q 9 Does the car increment rate apply when an employe is being paid a basic day for personal leave if the last service was through freight at the 126-car rate?

A No, payment will be made at the basic rate of the last service performed for each personal leave day or days.

Q 10 Is a personal leave day to be counted as a qualifying day for vacation purposes?

A Yes.

Q 11 Is personal leave subject to advance approval by appropriate Carrier officer or his designated representative?

A Yes.

Q 12 If a twenty-year employe received holiday pay (or could have but did not qualify due to unavailability on qualifying day or days) on New Year's Day, Washington's Birthday/ and Good Friday, and the remainder of the year works in freight service on which holiday pay • does not apply, how many personal leave days would be due?

A The employe would be eligible for seven personal leave days but would not be eligible for holiday pay the remainder of the year if the employe took the seven days as personal leave. In no case may such individual take more than a total of ten days in any combination of holiday pay and personal leave.

Q 13 Are the personal leave day or days intended to commence on a day when the employe would otherwise stand to work?

A Yes.

Q 14 A personal leave vacancy is a "blanked" vacancy. Does this mean such vacancy is not to be filled?

A The vacancy need not be filled unless it is a "must-fill" vacancy.