BLET622
local committee interpretation of 2B
This
is written to clarify our position relating to second day claims while
performing short turnaround service. 2B
claims are not applicable to trip rate pool service per 2003 National contract
and STAS settlements.
A
second day is earned when an engineer exceeds 25 miles to the turning point as
explained in Rule 32(b) of the CBQ schedule rules & agreements. This will
constitute a second day if and only if you depart the terminal again! A second
day is earned when an engineer exceeds 100 miles and departs the terminal
again! This constitutes a second day in addition to a second Code PD.
Rule 32
(pg.41) BEGINNING AND ENDING OF A DAY
SHORT TRIP AND
TURNAROUNDS—FREIGHT
(b)Engineers
in pool or irregular freight service may be called to make short trips and
turnarounds, with the understanding that one or more turnaround trips may be
started out of the same terminal and paid actual miles, with a minimum of 100
miles for a day, provided (1) that the mileage of all the trips does not exceed
100 miles, (2) that the distance run from the terminal to the turning point
does not exceed 25 miles, and (3) that engineers shall not be required to begin
work on a succeeding trip out of the initial terminal after having been on duty
more than 8 consecutive hours, except as a new day, subject to the
first-in-first out rule of practice. It
is understood under the above rule that crews may be used in either direction
out of a terminal on their own seniority district.
A
second day is to be paid when an engineer exceeds 100 miles in aggregate trips
without departing the terminal again without a second Code PD!
This
is explained in Public Law Board 5970 Article 8 Case 1 as follows:
1.
In combining
short freight trips, are or are not the railroads limited to an aggregate of
100 miles?
Answer: In combining short freight trips the
railroads are limited to an aggregate of 100 miles.
Article
I.
Question:
1.Does the
short turn-around clause of Article I prohibit the running of two round trips,
A to B and return, when the distance between A and B is 26 miles, total mileage
to be covered in making a foresaid round trip being 104 miles?
2.Can Article I be interpreted to prohibit
the running of two round trips of 7 miles each—total 140 miles?
3.Is Article I intended in any way to limit
the mileage of crews in turn-around service, provided they do not leave home
terminal after having made 100 miles or have been on duty 10 hours?
Answer:
1. Interpretation of Article I states that in
combining short freight trips the railroads are limited to an aggregate of 100
miles.
3. In combining short freight trips the
railroads are limited to an aggregate of 100 miles. No succeeding trip included in a series of
short turn-arounds can be started after the crew has been on duty 10 hours.
A second day is to be paid for departing the terminal after 8 hours on
duty. You have to perform service within the first eight hours to qualify.
This second day is to be coupled
with a second Code PD.
Rule 68 Ruling No. 2 explains that every new day is not to be coupled
with the previous day.
If you qualify for a second day based on exceeding 25 miles to the
turning point, upon your arrival and yard stop you will begin accruing time and
miles for
your third day from the second
and subsequent trips combined. If a
third day is earned, the clock begins anew.
RULING No.2
RULING
GOVERNING SERVICE AFTER COMPLETION OF ASSIGNMENT OR DAY
If an
engineman has completed his assigned service, or has made 100 miles or 8 hours,
and has arrived at his terminal, if called upon for additional trip he will be
paid for the additional service on the basis of a new trip. This does not mean that the additional
service will be coupled up with the completed trip, but simply that the second
trip or trips will be separated entirely, and subject to whatever rules apply
to that particular service.
If I can improve this interpretation in any way please let me know
either by email @ kwhite@blet622.com or
office (308) 762-2220.