Article II Crew Consist Conditions

ARTICLE II – CREW CONSIST CONDITIONS

Section 1. Crew Reduction by Attrition. The reduction of road freight service brakeman or yard helper position from any crew shall be made solely on a pure attrition basis, i.e., no road freight brakeman or yard helper position available to a protected employe under schedule rules will be blanked, except as set forth in this Agreement.

(a) So long as there are protected employes furloughed on a division, reduced crews may be operated on that division only as provided for in the Crew Consist Agreement dated March 1, 1968 (crews permitted to be operated as reduced crews prior to this agreement) and in Article X (Personal Leave).

(b) When there are no protected employes furloughed on a division, reduced crews may be operated as provided for in Article III, Section 2 (b) and (e) (Not Reporting/Not Completing Shift); Article IV, Section 2 (New Business), Section 3 (Non-Revenue), and Section 4 (Hours of Service Relief Crews); Article X (Personal Leave); and the Crew Consist Agreement dated March 1, 1968.

• Q-1: In reference to Section 1(b), above, if the protecting extra board is exhausted of protected brakemen (at the time of call) or yardmen (within 1’15” of the on-duty time) and no protected employes are furloughed on the division, may the position be blanked for that trip or tour of duty?
  A-1: Yes.

Section 2. Passenger Service. Nothing in this Agreement changes existing Crew Consist arrangements in passenger service.

Section 3. Manual Retainers. A train or a cut of cars handled in heavy descending grade territory, requiring the use of hand operated retainers, under the Carrier’s instructions, shall be manned by a standard crew.

• Q-1: A train not requiring hand-operated retainers leaves the terminal with a reduced (1 and 1) crew. After departure from the terminal, strictly mechanical malfunctions occur on the train enroute which necessitate the use of manual retainers. Would the extra brakeman who would have been called at the terminal (had the crew been a 1 and 2 crew) be entitled to payment for not being called for the assignment?
  A-1: No, because when the train departed the terminal the mechanical malfunctions were unknown and developed enroute.

Section 4. Minimum Crew Size. No service shall be required of any crew manned by less than one conductor/foreman and one brakeman/yard helper. Nothing in this Agreement shall prevent the Carrier from adding an additional position(s) of road brakeman/yard helper to any assignment when in its judgment the additional position(s) is deemed necessary and will be so designated.

Section 5. Employes will not be required to perform any service with less than the required train/yard crew consist specified in this Agreement nor will they be censured or disciplined in any manner or be required to lose time for refusal to do so.

• Q-1: Do the provisions of this Section apply to pick ups made enroute which would result in exceeding the agreed-to train length limits for a reduced crew?
  A-1: Yes.

Section 6. Except as provided in Article V of this Agreement, no brakeman/yard helper will be moved from a standard crew of one conductor/foreman and two brakemen/yard helpers to a reduced crew of one conductor/foreman and one brakeman/yard helper in order to make such crew a standard crew of one conductor/foreman and two brakeman/yard helpers.

• Q-1: If a crew leaves the initial terminal as a standard crew, will it remain a standard crew to its objective terminal and if a crew leaves the initial terminal as a reduced crew, will it remain a reduced crew to its objective terminal?
  A-1: Yes.
• Q-2: If a standard or a reduced crew is deadheading with a reduced crew and while enroute to their objective terminal conditions require a full crew, will one member of the deadhead crew be required to make the reduced crew a standard crew?
  A-2: No, nor will a deadheading standard crew be pressed into service enroute to supplement the working reduced crew.
• Q-3: Will crews be required to change or exchange trains for the purpose of meeting the requirements of the Crew Consist Agreement?
  A-3: No.

Section 7. Displacement Rights – Protected Employes. A protected employe shall retain the right to exercise seniority to any must-fill or blankable (blanked) position, except under conditions provided for in this Agreement.

• Q-1: How shall a protected employe acquire the right to exercise seniority to a blankable (blanked) position?
  A-1: By seniority right to obtain such position under governing existing Schedule Rules and as further provided in this Agreement.
• Q-2: If a protected employe displaces on a reduced crew, with a non-protected employe occupying the brakeman/yardman position, must the protected employe displace the non-protected employe from the must-fill position or may he place himself on the blanked vacancy?
  A-2: The protected employe would displace the non-protected employe.

Section 8. The method to arrive at a blanked position is through pure attrition as provided for in Article II, Section 1, or when no protected employe elects, by exercise of seniority (displaces, makes application, or bids), to occupy the blankable position under schedule rules or agreements, except as specifically provided for in this Agreement.

NOTE: The crew caller will notify trainmen and yardmen when called for a reduced crew.

Section 9. Displacement Rights – Non-Protected Employes. Non-protected employes will not have the right to exercise seniority to a blanked or blankable second brakeman/yard helper position.

Section 10. Nothing in this Agreement gives the Carrier the right to work reduced crews by failing to call the required brakeman/yardman.