Rule 32: Terminal Switching and Intial Terminal Delay

RULE 32. INITIAL TERMINAL DELAY AND TERMINAL SWITCHING.

      Note: The provisions or Rule 32 do not
      reflect the amendments thereto contained in 
      National Agreement of 6/25/64, the National 
      Agreement of 1/27/72 and the National Agree- 
      ment of 8/25/78. These agreements are re- 
      produced in Appendix "C".

(A) Initial Terminal Time.  (1) Outbound freight crews will be allowed terminal time on minute basis computed from expiration of thirty minutes from time required to report for duty until outgoing train is on the main line and agreed upon designated terminal switch or point is passed. Such payments shall be in addition to road trip without deduction therefrom, except that when overtime, initial terminal delay and final terminal delay accrue on the same trip, allowance will be as follows:  

(a)  Combined initial terminal delay and final terminal delay, or overtime, whichever is the greater, will be allowed. For the purposes of this rule, final terminal delay will be computed to the time of release and compensated at the pro rated rate.

(b) Actual time consumed in the performance of service in the initial terminal, for which an arbitrary allowance is paid, shall be deducted from the allowable initial terminal delay. The same conditions will apply at the final terminal. For example:  

Road crews on a 100 mile district are called to report at 8 a.m. They are required to perform switching service, in violation of Rule 32(K) from 8:15 a.m. to 8:45 a.m. They depart at 10 a.m., arriving at designated arrival point at 3 p.m., and tie up at 5 p.m. The crew would be allowed one hour and thirty minutes at time and one-half rate under the provisions of Rule 32(K); one    hour and fifteen minutes initial delay 8:45 a.m. to 10 a.m.); and two hours final terminal delay as the initial and final terminal delay of three hours and fifteen minutes is greater than the overtime of one hour.

(2)  Initial terminal time will stop when the caboose passes the last main line switch which is used by the crew in getting on the main line. However, when the crew receives their train on the main line, initial terminal time will stop when the caboose passes the first main line switch ahead of the engine at the location the train is received, leading from the train yard. It is understood, however, that terminal time for outbound freight crews, Council Bluffs, Kansas City and North Platte, (eastbound) will stop when caboose passes M.P. 5.23 (CGW crossing) at Summit, M.P. 3.31 (Terminal Junction), Kansas City, and M.P. 283.30 (east switch) at North Platte, respectively.
Example 1. A crew is brought on duty at its terminal at 7:00 a.m., is required to perform service described in Section (A)(4) from 7:20 a.m. to 7:40 a.m. and departs at 8:00 a.m. No overtime is worked on trip. Payment will be made as follows:  Payment on minute basis from 7:20 a m. to 7:40 a.m. under Section (A)(4); terminal delay will be paid from 7:40 a.m. to 8:00 a.m., or 20 minutes, total payment of 40 minutes at pro rata rate.
Example 2. A crew is brought on duty at 7:00 a.m. and performs service as described in Section (D) from 7:20 a.m. to 7:40 a.m., departs at 8:00 a.m. Payment on minute basis from 7:20 a.m. until departure at 8:00 a.m. at 3/16ths of the daily yard rate, with minimum allowance of one hour at 3/16ths of the daily yard rate.

(3) Terminal time will not be paid on short unscheduled runs in addition to constructive mileage.
Road mileage will be allowed as provided in the "Schedule of Runs" on basis of "Designated Departure and Arrival Points-Freight Service". Road mileage of interdivisional runs will be as provided in the May 22, 1972 I.D. Agreement or as modified.

(4) Initial Terminal Switching at Terminals Not Covered by Yardmen's Schedule. Conductors and brakemen required to do switching, load or unload stock, etc., within designated points of separation, between yard and road on outbound freight trains will be paid therefor at pro rata rate on the minute basis and time on road computed from the time required to report for duty less the time allowed for switching. In calculating the time engaged in switching under this rule it is understood that the time will be continuous from the time the work is begun until it is completed and the train is coupled together. When overtime accrues, computed from the time reporting for duty, the allowance for switching or the overtime, whichever is the greater, will be paid.  

(B) Where the classification of a through freight is changed to a local freight account of doing local work at one or more intermediate points between terminals, the change in classification will not affect the pro rata through freight rate which is to be paid for the initial switching or work service, except when overtime accrues on trip computed continuously from the time reporting for duty, in which case the allowance for the initial switching or work at the pro time through freight rate, or the overtime at the local rate, whichever is the greater, will be paid.

(C)  Terminal Switching Where Yard Crews Are on Duty.  Road crews will not be required to perform switching at terminals where yard crews are on duty. The following will not be considered switching within the meaning of Section (C) of this rule:  

1.   Doubling over if there is no track available of sufficient length in that part of the yard, where train is ordinarily made up or received, to hold the train.

2.   Setting out B.O. cars found in train after engine is coupled to train. Road crews required to set out B.O. cars at initial terminal where yard crews are on duty will be allowed one hour arbitrary at the through freight rate.

3.   When a bad order car is found in train after engine is coupled to train and road crew is required to pull portion of train forward to permit yard engine to remove bad orders, road crew's time will be computed and they will be compensated in accordance with Section (A)(4) of this rule. Time under this rule will terminate when initial terminal time commences. No allowance will be made to road crews when engine is cut off and moved ahead while bad order car or cars are removed, except as required by Section (A)(1) of this rule.

4.   When a bad order car is discovered in a train upon arrival at a terminal where the road engine is not removed from the train, and road crew is required to set the bad order car out or pull portion of the train forward to permit yard engine to remove bad orders, road crews will be compensated in accordance with Section (K) of this Rule 32. Actual time consumed in the performance of this service for which an arbitrary allowance is paid shall be deducted from the allowable initial terminal delay.

5. Coupling trains together to close cuts occasioned by necessity of protecting road crossings.

6. Cutting train for road crossings.

7. Cutting train to permit yard crew to take off or put on cars after leaving track on which train assembled, or before reaching designated arrival track.  This to be limited to one cut.

8. Crews on mixed trains picking up or setting out freight or passenger equipment. This to be limited to one set out or pick up.

9. Intermediate yards--Picking up cars from one track and/or setting out cars on one track, or on and from additional tracks when such tracks are not of sufficient length to hold same.

10. Switching performed by freight crews as provided in Section (L) of this rule.

11. Road crews handling caboose for own convenience at Topeka.

12. Road crews may make one set out of stock at Sidney, Laramie and Denver.

13. Omaha, Nebraska--Inbound road crews setting out cars at Summit or 20th Street and 6th Street Yard.  

14. Grand Island--Road crews may set out sugar beets at west stock yards. 

(D) Initial Terminal Switching at Terminals Where Yard Crews are Employed But Not on Duty.     Road, crews may be required to perform necessary switching in connection with making up their own train, which includes the assembling of all cars to be moved forward in their own train and, in addition, may be required to spot important loads that are in the terminal, which require spotting before yard crew comes on duty.  
Road crews performing such service will be compensated therefor on the minute basis, with minimum allowance of one hour at 3/16ths of the daily yard rate, independent of the road trip. Time engaged in switching will be calculated from time the work is begun until it is completed and train is coupled together, and time on road computed from the time required to report for duty less the time consumed in switching.  

Note: See Appendix "A" - Item 32.  

(E) Final Terminal Switching Where Yard Crews are Employed But Not on Duty.     Road crews may be required to spot such cars from their own train, deliver rush cars to connecting lines and, in addition, may be required to spot important loads that are in the terminal which require spotting before yard engine comes on duty.  
Road crews performing such service will be compensated therefor on the minute basis with minimum allowance of one hour at 3/16ths of the daily yard rate, independent of the road trip. Time shall be computed from the time engine reaches designated arrival point to time of release from duty.  

Note: See Appendix "A" - Item 32.  

(F) Where yard crews are assigned but not on duty, road crews may--  
1. Place caboose on caboose track or on their train;  
2. Double merchandise to track No. 3 at Ellis, Kansas; 
3. Inbound road crews may make one set out and out-bound crews may make one pick-up at Sterling, Colorado.  
Road crews performing such services will not be entitled to penalty payments prescribed in this rule.  
Note: See Appendix "A" - Item 32(a).  

(G) This rule applies to both through and local freight service, and switching or other work done at initial or final terminal will not change the classification of a through freight train to a local freight train.  
(H) Road Crews Performing Switching Enroute Where Yard Crews are Employed But Not on Duty.     (1) Road crews may be required to pick up cars for their train and/or set out cars from their train and will be compensated therefor under the provisions of Rule 50(b).  

(2) Road crews may be required to spot important loads from their train or that are in the yard which require spotting before yard crew comes on duty and switch out cars that move forward in their train. Road crews under through freight rate of pay performing such service will be allowed local rate of pay for the trip, except when service is performed at other points enroute which changes the classification of a through freight to local freight, the service performed at station where yard crews are employed but not on duty will be paid for on the minute basis with minimum of one hour at pro rata yard rates of pay, independent of road trip.  
The provisions of this section H-(2), also apply to road crews enroute setting out cars on more than two tracks and/or picking up cars from more than two tracks at Rock Springs, Wyoming.  

(I) In yards where continuous yard service is not maintained, yard crews assigned will perform all the service that is available or would become available within 30 minutes from the assigned off duty time for the yard crew, regardless of the fact that such handling may cause the yard crew to work overtime. Yard crews will be required to complete work of making up trains consisting of cars which are in the terminal and available for assembling at expiration of shift.  

(J) When the total time consumed by road crews in switching at terminals where yard crews are employed but not on duty during any spread of hours which can be covered within a shift under the regularly assigned starting time rules for yard service, plus the overtime worked by yard crews during the same hours, amounts to 4 hours or more for 3 consecutive working days, yard crews will thereafter be used to perform such service so long as this amount of switching continues.  Actual time consumed in switching will be shown on time slip.

RULE 32

(K) When road crews are required to perform yard switching other than as provided in this rule they shall be paid on minute basis at 3/16ths of the daily yard rate with one hour arbitrary at 3/16ths of the daily yard rate independent of the road trip, and first out extra yard crew available at such terminal will be allowed a minimum day at yard rates.  

(L) Outbound freight crews required to pick up cars, or when additional cars are placed in their train by switch engine, between Council Bluffs and C. G. W crossing at Summit, or between Council Bluffs and west switch storage track Gilmore, will be allowed terminal time computed from expiration of 30 minutes from time required to report for duty until caboose crosses C. G. W. crossing, Summit, or west switch storage track Gilmore, with minimum allowance of schedule mileage, Council Bluffs to C. G. W. crossing, Summit, or west switch storage track Gilmore. Road mileage will begin at C. G. W. crossing, Summit, or west switch track, Gilmore.  

(M) Terminal time allowed at terminals where yard crews are maintained will be paid under the provisions of Section (A)(4) of this Rule, or Rule 33, except as otherwise provided in this rule.  

Note: See Appendix "A" - Item 32(b).