1984 CREW CONSIST AGREEMENT

ARTICLE III - CREW MEMBER ABSENT

Section 1. The following shall apply on an operating division at such time as there are protected yardmen furloughed on that division:

(a) Both Helper Positions Must Fill. Where a yard crew consists of a foreman and two helpers (both helper positions are "must-fill" as a result of Carrier designation or bulletin due to safety and requirements of the service), and one member fails to report for duty or discontinues duty before completion of the crews' tour of duty, the remaining two crew members will not be required to start work or continue to work as a reduced crew (except to take the engine to the tie-up point).

(b) Not Reporting. In the event a member of a yard crew consisting of one foreman and two helpers (one helper position is blankable), fails to report for duty, the remaining two crew members may be required to work on a reduced crew basis not to exceed two hours from the starting time of the assignment if there is a protected employe available to fill the vacancy. If the absent crew member does not report within thirty minutes from the starting time of the assignment, a protected available employe will be called to fill the vacancy. If there is no protected employe available to fill the vacancy, the position will be blanked and the remaining crew members will finish that tour of duty, receiving the Special Allowance and the Productivity Fund will be credited.

(c) Not Completing Shift. In the event that any member of a yard crew consisting of one foreman and two helpers (one helper position is blankable), discontinues duty before completion of the crew's tour of duty, the remaining two crew members may be required to work not to exceed 90 minutes if a protected employe is available. The Carrier may elect to tie the crew up rather than call a replacement. In the event no protected employe is available, the remaining two crew members may be required to work on a reduced crew basis, receiving the Special Allowance and the Productivity Fund will be credited.

Section 2. The following shall apply on an operating division at such time as there are no protected yardmen furloughed on that division:

(a) Both Helper Positions Must Fill. Where a yard crew consists of a foreman and two helpers (both helper positions are "must-fill" as a result of Carrier designation or bulletin due to safety and requirements of the service), and one member fails to report for duty or discontinues duty before completion of the crews' tour of duty, the remaining two crew members will not be required to start work or continue to work as a reduced crew (except to take the engine to the tie-up point).

(b) Not Reporting. In the event a member of a yard crew consisting of one foreman and two helpers (one helper position is blankable), fails to report for duty, the remaining two crew members may be required to start work.  If the foreman fails to report, a qualified foreman on same crew will be used. If there is no qualified foreman, existing Schedule Rules will apply.  Should the absent member fail to report within one hour from the on-duty time, the remaining crew members will finish that tour of duty receiving the Special Allowance and the Productivity Fund will be credited.

(c) Not Completing Shift. In the event a yard crew member leaves the job due to sickness, injury or other compelling reason, during a tour of duty and the remaining two crew members are required to continue working in excess of one hour or to complete that tour of duty, they shall receive the Special Allowance and the Productivity Fund will be credited.

Q-l: Under Section 2(b), what will be the compensation of the helper who is stepped-up to the foreman's position?
A-l: The helper so stepped-up will be compensated the foreman's rate in accordance with Schedule Rules.

Q-2: Under Section 2(b), how will the employe be compensated who failed to report at the start of shift, but who reports within one hour after the start of the shift?
A-2: Such employe would be compensated for actual time worked, at the rate of pay of the position actually worked. The employe may be permitted to receive a basic day's pay in those situations where the Carrier determines the employe's excuse for reporting late is reasonable. 

Q-3: Under Section 2(b), what compensation will be paid to the employes of a crew, a member of which reports for work an  hour, or greater, after the start of the shift?
A-3: The employes working f ran the beginning of the shift will be compensated at the rate of pay of the position worked in accordance with the Schedule Rules; the enploye reporting late for service is not entitled to service or compensation for that shift; and those two crew members who work the shift will receive the Special Allowance and Productivity Fund will be credited.

Q-4: Under Section 2(b), may a crew member who reports for work an hour, or greater, after the start of the shift be allowed to work under any circumstances?
A-4: The crew member may be permitted to work in those situations where the Carrier determines the crew member's excuse is reasonable and justifies allowing the crew member to work.

Q-5: Under Sections l(c) and 2(e), if a member of a yard crew discontinues duty before completion of the crew's tour of duty and protected employes are available, must the Carrier call a replacement?
A-5: Yes, but the remaining two crew members may be required to work not to exceed 90 minutes and will not receive the Special Allowance and the Productivity Fund will not be credited. In addition, the Carrier may elect to tie the crew up.