ITEM ‑ 41(q)

 

MODIFICATION OF RULE 41

 

Eighth Seniority District ‑ Ogden‑Green River

 

It is agreed that the provisions of Rule 41 of the current agreement between the Union Paci­fic Railroad Company and the United Transportation Union (C) and (T) effective November 1, 1957, are hereby modified with respect to its application to the Eighth Seniority District (Ogden‑Green River) to the extent herein provided:

 

(1) Pool freight crews run around by other pool freight crews in Ogden Yard, or enroute between Ogden and Green River, will upon arrival at Green River be given the same relative position on the list at Green River that they held prior to leaving Ogden, except that crews with less time to work than required by Rules 42(a) and (b) of the current schedule, or who become first out before having required rest, shall stand first out after rest period, and upon arrival at Ogden shall be given same relative position on list as was held prior to leaving Ogden on last trip.

 

(2) Pool freight crews who are run around by other pool freight crews in Green River Yard, or enroute between Green River and Ogden, will upon arrival at Ogden be given the same relative position on the list at Ogden that they held prior to leaving Green River except as provided in Section 1.

 

(3) (a) Pool freight crews making turn­around trips between Ogden and Wyuta or between Ogden and Park City will stand first out at Ogden eight (8) hours after they tie up.

 

(b) Pool freight crews making turnaround trips between Ogden and Evanston and short of Evans ton other than as stated in paragraph (a) will stand first out at Ogden fifteen (15) hours after arrival.

Crews making turnaround trips between Ogden and points beyond Evanston will take position on board at Ogden per arrival.

 

(c) Crews will be called in their turn prior to expiration of eight or fifteen hours, as the case may be, if available under the Hours of Service Act.

 

(4) Pool freight crews making turnaround trips out of Green River will take position on list at Green River as per arrival, and on arrival at Ogden will stand on the list at Ogden in the same relative position as at Green River after the turn­around trip. In no event, will a crew assume a position at Green River ahead of position held out of Ogden. In applying this Section (4) the fol­lowing exceptions will govern:

 

(a) Pool freight crews making short turnaround trip between Green River to and including Echo will stand first out at Green River 2 1/2 hours after tie‑up at Green River.

 

(b) Crews may be used on continuous time providing they have sufficient time to cover the district in accordance with schedule rules.

 

(c) Crews making short turnaround trip Green River to and including Echo as described herein, will take same relative position on the board at Ogden as they held on the board at Green River when they were placed first out. Example: Crew A makes short turnaround Green River to Echo and return, and ties up at Green River 2:00 PM. He is placed first out at 4:30 PM making the line up of crews as follows: A B C D E Crew A is not fully rested at calling time and it is necessary to call Crews B and C ahead of him at Green River. Crews will be placed on the board at Ogden in the following order: A B C D E and will be called in that order out of Ogden for subsequent trips. However, should crew A not be fully rested at calling time, it will be called when fully rested and that calling time will establish its position on the board at Ogden and Green River.

 

(5) Crews requesting rest in accordance with Rule 71 will retain their position on the list. In the event a crew becomes first out during rest period and is run around, they will stand first out at the expiration of their rest period.

 

(6) Crews that double out of Green River and tie up enroute due to insufficient time, and deadhead into Ogden, will be given same relative position on list at Ogden as held prior to depar­ture from Ogden on the last trip.

 

(7) Pool freight crews tying up between terminals and taking legal rest at tie‑up point, will be given position on list as per arrival at Ogden or Green River.

 

(8) Crews added to freight pool in accordance with Schedule Rule 38 will not be con­sidered as run around when other pool crews arriving at Ogden after 12:01 PM are placed ahead of them under provisions of this agreement.

 

(9) Upon arrival at Ogden and Green River, trainmen who have been run around will notify crew dispatcher, or proper authority, as to their stand­ing on the list at Green River or Ogden. The Company will not be subjected to penalty payments because trainmen fail to furnish information or furnish incorrect information. This does not, how­ever, estop the management from taking disciplinary action when it is developed the employee have fur­nished incorrect information.

 

(10) No claims for runarounds will be submitted or considered when crews do not depart in their first‑in first‑out order at Ogden or Green River.

 

(11) This agreement supersedes agreement dated November 22, 1954 titled "Modification of Rule 41", agreement dated November l9, 1965 listing exceptions to Section 4 of the November 22, 1954 agreement, and agreement dated January 14, 1970 modifying Article 1 of the November 19, 1965 agree­ment.

 

 (12) This agreement is effective January 16, 1973 and will automatically terminate ten (10) days after service of notice by any party upon the others of desire to terminate it, at which time the schedule rules affected by this agreement will be in full force and effect.

 

Dated at Omaha, Nebraska this 4th day of

January, 1973.