ARTICLE I

CREW CONSIST

1. The basic Crew Consist Rules regarding standard or modified crew size as set forth in pre‑existing Crew Consist Agreements shall continue to apply to pool freight, assigned through freight, local, road switcher, yard runs and other assignments, except as amended by this Agreement.

2. The Carrier shall be permitted to work Conductor‑Only trains in pool freight service based on the following:

a. There shall be no car count or train length limitations in the operation of trains with crews consisting of a Conductor-Only.

b. Upon implementation of this agreement, the Carrier may commence "Conductor-Only" operations on those trains on which no more than a total of three (3) work events are performed between the initial and final terminal of the crew, regardless of length.

A work event is considered to be one (1) straight pick‑up or one (1) straight set‑out. Picking up, setting out, or exchanging one or more locomotives and setting out a bad order car shall not be considered an event. Work performed in the initial and/or final terminal(s) will be governed by applicable rules.

NOTE 1:

Straight pickup or setout, as referred to above, means pickup of a car or cars coupled together and first out that go together in one place in the train; straight setout means setout of a car or cars coupled together in the train that are set out in one movement. Hanging onto cars already in the train in order to make a straight pickup or straight setout is permissible under this agreement.

NOTE 2:

Each type of move, pickup or setout will be considered as separate work events for the purpose of application of this agreement. Thus a pickup and setout at an intermediate point will count as two work events. Conductors working Conductor‑Only trains will not be required to perform more than three work events nor will they be censured or disciplined for refusal to do so.

c. Conductor pools shall protect applicable pool freight service. When a brakeman is needed for pool freight service, the vacancy will be filled from the extra board protecting this service in accordance with vacancy procedures. Brakemen used in pool freight service shall be independent from the conductor and shall make the return trip only when called by the Carrier. A brakeman working to the away‑from‑home terminal shall not be worked back to the home terminal as a conductor except in accordance with existing vacancy procedures.

Trainmen held at the away-from-home terminal (HAHT) shall receive continuous “held‑away‑from‑home terminal time after being held 16 hours. No more than eight (8) hours of HAHT pay may be offset from an extra board guarantee during any one stay at the away‑from‑home terminal.

In no event will a brakeman be held at the away‑from‑home terminal more than twenty‑four (24) hours. If not used by that time, the employee will be deadheaded to the home terminal on the first and most expeditious available transportation.

d. It is understood that crews in pool freight service may be operated with more crewmembers provided for in this agreement should the Carrier deem it necessary. Local UTU and Carrier representatives will review local operations on a regular basis to ensure such operations are conducted to reflect the safest and most efficient manner.

e. A conductor‑only crewmember will not be censured, disciplined or harassed if the conductor takes longer to perform work than the time taken by a crew with two (2) or more employees.

f. Conductor‑Only operations in pool freight service shall also include the following:

i. Made‑up pool crews used in accordance with applicable rules to protect pool freight service.

ii. Pool crews transported to a point between terminals to handle a train from that point to the final terminal;

iii. Pool freight service Hours of Service relief which shall be subject to the three (3) work event restriction, but such restriction will not be reduced by any work events which may have been performed by the crew being relieved; and,

iv. Business car specials and light engine (no cars) operation.

3. The Carrier shall be permitted to work Conductor‑Only /Foreman –Only assignments in through freight, local, road switcher and yard service limited to the following:

i. Hours of Service relief (tow‑in only);

ii. Assigned yard transfer runs (which includes incidental work such as coupling cars in connection with the transfer movement so long as the cars are on the minimum number of tracks but does not include switching); and,

iii. When one member of a Conductor/ Brakeman or Foreman/Helper assignment leaves the assignment after going on duty, the remaining member of the crew may complete the assignment, but only to the extent that the work left to be performed will not involve or require switching, when the remaining work only requires delivery (replacing balance of cut of cars to a track or yarding a transfer movement into a track).

4. This Agreement does not preclude or restrict the Carrier's pre‑existing agreement rights to establish or continue single‑position assignments such as pilots, car retarder operators, herders, utility trainmen, etc.

5. No sooner than twenty‑four (24) months after the implementation of this agreement, the parties will meet and review the possibility of Conductor Only/ Foreman‑Only operation in through freight, local, road switcher and yard service. Any such discussions shall be directed toward selected jobs.

Should the parties be unable to reach agreement, either party may refer the issue to arbitration. Arbitration shall be subject to the following procedural requirements:

a. No arbitration until twelve (12) months of local negotiations.

b. Arbitration shall be limited to specific assignments;

c. The arbitrator shall be limited to the issues involved in Conductor-Only/ Foreman‑Only Operations in through freight, local, road switcher and yard service; and,

d. Expenses of the proceeding will be borne by the party incurring them. The fees and expenses of the arbitrator shall be shared equally by the parties.