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     The FRA has recently required that all T E & Y employees be trained and tested on the new regulations covering power brakes.  Several method of complying with this requirement are available.

1. Hard copy study and testing materials.

2. Computer based training and testing available through the TCS system.

3. Web-based training on the UP. COM Employees website under "Training & Testing".

     This training and testing is to be completed while on duty.  If it is not possible to do so while on duty then time claims may be submitted for being required to complete the study materials and test while off duty, and pay should be as provided by PLB 4675, Award 56.

     As with all time claims the burden of proof supporting claims in connection with the power brake test rests with the Claimant.  Any time claims submitted for taking the test while off duty must demonstrate why the Claimant couldn't complete it while on duty.

     This office has been advised that at some locations operating employees were instructed to complete the power brake materials while waiting in a siding.  A strong objection to this potentially unsafe practice was forwarded to the Carrier by the Organization.  All locations, as far as we are aware, offered other means of complying with the FRA requirement while employees were under pay either before or after normal duties.

     The usual requirements involving compliance with the Hours of Service Act apply to time spent in completing the study materials and test.