Penalty claims when crews perform work not allowed by the agreements...
SMART General Committee 953
Z.D. Nagy
Eastern District/PNW
The following is a compilation of agreements, interpretations, letters and public law boards that when all put together, determine what moves road crews are allowed to make at both the initial and final terminals as well as what penalty claims are proper when crews perform work not allowed by the agreements.
In 1985, the National Mediation Agreement permitted Crews to make two straight pick-ups at the initial terminal (in addition to picking up their train), and two straight set-outs at other location(s) in the final terminal (in addition to yarding their train). Then, in 1991, an additional move was added at both the initial and final terminals (in addition to picking up and yarding trains).
Under the agreements today, road crews may still pick up their train, perform three additional straight pick-ups, then yard their train and make three additional straight set-outs. There is often confusion about what constitutes a move as mentioned above. The Q & A portion of the 1991 National Agreement addresses this issue and states that a double over or pick-up will not be counted as a move if it is made due to insufficient track length.
Throughout both agreements, yard crews retained their right to the work within switching limits and are allowed to service customers up to 20 miles outside of switching limits as long as it’s done on an incidental basis and does not take the preponderance of the work from road crew(s). Road crews who are instructed to perform general switching, that does not pertain to their train, while in a yard where yard crews are on duty, should submit a time claim for the violation as this work belongs to the yard.
