Article IV Train Length Limitation For Reduced Crews

Section 1. Car Limits. Except as otherwise provided herein, the following car limits shall be made effective in road freight service:

(a) Less Than Seventy-Two Cars. Trains of one to seventy-one cars but not to exceed 4,015 feet in length, including caboose(s), may be operated with a reduced crew of one conductor and one brakeman, subject to other provisions of this Agreement.

(b) Less Than One Hundred Twenty-Two Cars. Trains of seventy-two to one hundred twenty-one cars but not to exceed 6,840 feet in length, including caboose(s), may be operated with a reduced crew of one conductor and one brakeman by agreement between the appropriate UTU Local Chairman and local carrier officer with the approval of the General Chairman and Carrier’s Director of Labor Relations.

(c) Exceeding One Hundred Twenty-One Cars. Trains consisting of more than one hundred twenty-one cars or exceeding 6,840 feet in length, including caboose(s), will be operated with a standard crew.

(d) Train Length Determination. The conductor will be furnished a train list showing the number of cars in his train and the length of his train before departing the initial terminal on each trip.

Where requested by appropriate UTU Local Chairman, train length markers will be provided at a terminal for the purpose of providing each train crew an accurate method of determining the length of their train before departing the initial terminal. The Local Chairman and the appropriate Superintendent will agree upon the location of such markers. This paragraph applies to Fremont, Nebraska, also.

• Q-1: Do the car limits and train length provisions of this Section apply to assignments which could be manned by one conductor and one trainman under the terms of the March 1, 1968 Agreement?
  A-1: Yes.
• Q-2: Do car limits and train length provisions apply to all trains operated between two points in road freight service?
  A-2: Yes.
• Q-3: Was it intended to include locomotives in determining the length of train or car count?
  A-3: No, unless the units are entrained and are not a part of the engine consist. Helper and/or remote control units would also be excluded in determining the length of train or car count.
• Q-4: In reference to Section 1(a), above, does the car limitation of 1 to 71 cars only apply to trains out of the initial terminal for a crew?
  A-4: No, the number of cars handled at any one time in movement over the road between any two points enroute will not exceed the maximum 71 cars as the case may be. However, if a reduced crew is assigned to operate a train, they may handle, during setting out or picking up, more than the maximum number of cars.
• Q-5: In reference to Section 1(a), above, if a reduced crew leaves their initial terminal with a 71-car train or less but not exceeding 4015 feet and at a point enroute picks up additional cars which would result in exceeding the agreed-to train length limits for a reduced crew, does the penalty in the Side Letter Agreement involving train limit exceptions apply?
  A-5: No. The provisions of Article II, Section 5 and interpretations of Article IV are strictly applicable.

Section 2. New Business. Except as provided in Article III Section 1(a), new business or new service operations of trains not exceeding one hundred twenty-one cars or 6,840 feet in length, including caboose(s), such as piggyback, unit or single commodity trains, established to compete with other modes of transportation such as trucks, ships, barges and coal slurry pipeline may be operated with a crew of not less than one conductor/foreman and one brakeman/yard helper.

NOTE: The provisions of the above paragraph do not apply to pool freight or interdivisional service.

• Q-1: Would additional business generated as a result of merging with another carrier be considered new business?
  A-1: No.
• Q-2: May a reduced crew assigned to handle a new business shove cars of old business to the clear to get to and handle cars of new business?
  A-2: Yes.
• Q-3: May a reduced crew assigned to handle a new business, exclusively, switch out cars of an old business in order to get to and handle cars of a new business?
  A-3: No.
• Q-4: An assignment regularly services an industry or industries. A new industry is later established which generates new business requiring service. May this assignment be operated with a reduced crew under the new business concept?
  A-4: No, extension of the existing assignment to include the servicing of the new industry would not constitute new business.
• Q-5: Are the terms “new business and new industry” interchangeable with the term “new service operation” for the purpose of this Agreement?
  A-5: Yes.
• Q-6: When could new business and new service qualify for using a reduced crew?
  A-6: When the new business results in having to provide new service to exclusively accommodate the new business.
• Q-7: When may a new road switcher assignment be considered as new business or service?
  A-7: A new road switcher assignment may be operated with a reduced crew when providing new service to exclusively accommodate that new business.
• Q-8: For the purpose of this Section 2, does the term assigned through freight service mean the same as pool freight service?
  A-8: Yes.
• Q-9: Will the Carrier notify the General Chairman in writing prior to designating a business or service operation as new business or new service?
  A-9: Yes.
• Q-10: After the effective date of this Agreement business increases and additional pool crews are added to the pool service. Can this be considered new business or new service operation?
  A-10: No.
• Q-11: Prior to the effective date of the Agreement, the Carrier handled a certain volume of coal trains from one mine to one destination, which after the Agreement doubled in volume. Would the doubling of business in this instance be considered new business?
  A-11: No.
• Q-12: Unit trains are moving from Industry A to Industry B. After the Agreement becomes effective, there is a change in ownership of either of the industries or both. Would that be considered new business?
  A-12: No.

Section 3. Non-Revenue. Except as provided in Article II, Section 1(a), non-revenue trains such as snowplows, work and wreck service trains may be operated with a reduced crew of not less than one conductor/foreman and one brakeman/yard helper.

NOTE 1: Protected employes available on the extra board will be called for blankable (blanked) vacancies on non-revenue trains operated in interdivisional service. In the event no protected employes are available on the extra board, non-revenue trains may be operated in interdivisional service with a reduced crew and the car limits and train lengths set forth in this Agreement will not apply.

NOTE 2: Work and wreck service, as referred to herein, shall not apply to through freight or interdivisional through freight service crews performing work train or wrecker service during their tour of duty.

• Q-1: Can a reduced crew handling a non-revenue train (work or wreck train) be required to handle a revenue car?
  A-1: No.

Section 4. Hours of Service Relief Crews. Except as provided in Article II, Section 1(a), Hours of Service relief may be performed by a crew of not less than one conductor and one brakeman. Car limits and train lengths set forth in this Agreement do not apply to reduced Hours of Service relief crews, except that if the train consists of more than 71 cars or 4,015 feet, no work, other than bringing the train to the terminal intact, will be performed enroute to the terminal.

Reduced yard crews may also make hours of service relief in accordance with National Agreement dated August 25, 1978.

NOTE: The phrase “bringing the train to the terminal intact” shall mean the relief crew, while in road territory, is limited to the handling necessary to move the train into the terminal.

• Q-1: May the Carrier call a reduced crew to perform relief service when the train to be relieved has a required standard crew?
  A-1: Yes, in accordance with the provisions of Article II, Section 1, and provided no other work is performed, such as switching, setting out and/or picking up, etc. The train must remain intact into the terminal.
• Q-2: In reference to Question above, would this restriction apply if the train relieved did not require a standard crew?
  A-2: No.
• Q-3: In situations where relief service is protected by first-out through freight crews instead of an extra board, would all members of a 1 and 2 crew be used for the relief service?
  A-3: Yes, the crew consist of the through freight crew in this instance would not be broken.
• Q-4: In the event a crew is relieved because of the Hours of Service Law before departing its initial terminal and a relief crew is called to handle the train of the crew being relieved, will the car limits and train lengths as provided in Article IV, Section 1 hereof apply to the relief crew?
  A-4: Yes, because the train had not departed its initial terminal.
• Q-5: Does this Section 4 give the Carrier the right to establish assignments consisting of one conductor and one brakeman to be used exclusively to relieve crews whose time has or will expire under laws limiting Hours of Service?
  A-5: No, not as long as protected employes are available.