RULE 62: SWITCHING LIMITS

RULE 62 -

 SWITCHING LIMITS

(a) Except as provided in paragraph (b) hereof, where the Company considers it advisable to change existing switching limits where yard crews are employed, it shall give notice in writing to the General Chairman of such intention, whereupon the Company and the General Chairman shall, within thirty days, endeavor to negotiate an understanding

In the event the Carrier and the General Chairman or General Chairmen cannot agree on the matter, the dispute shall be submitted to arbitration as provided for in the Railway Labor Act, as amended, within sixty days following date of last conference. The decision of the Arbitration Board will be made within thirty days thereafter. The award of the Board shall be final and binding on the parties and shall become effective thereafter upon seven days' notice by the Carrier.

(b) Where, after the effective dates of the 1951 and 1952 Agreements, an industry locates outside of switching limits at points where yard crews are employed, the Carrier may provide switching service to such industries with yardmen without additional compensation or penalties therefore to yard or road men, provided the switches governing movements from the main track to the track or tracks serving such industries are located at a point not to exceed four miles from the switching limits in effect as of the date of this agreement. Other industries located between such switching limits and such new industries may also be served by yardmen without additional compensation or penalties therefor to road or yardmen. Where rules require that yard limits and switching limits be the same, the yard limit board may be moved for operating purposes but switching limits shall remain unchanged unless and until changed in accordance with rules governing changes in switching limits.

The yard conductor (foreman) or yard conductors (foremen) involved shall keep account of and report to the Carrier daily on form provided the actual time consumed by the yard crew or crews outside of the switching limits in serving the industry in accordance with this paragraph (b) and a statement of such time shall be furnished the General Chairman or General Chairmen representing yard and road crews by the Carrier each month. Unless some other plan for equalization of time is agreed to by the General Chairman or General Chairmen representing yard and road crews, the Carrier shall periodically advertise to road service employees the opportunity to work in yard service, under yard rules and conditions, on assignments as may be mutually agreed upon by the local representatives of the employees involved, for a period of time sufficient to offset the time so consumed by yard crews outside the switching limits. In the event such local representatives fail to agree, the Carrier will designate such assignments but shall not be subject to penalty claims because of doing so. Such equalization of time shall be apportioned among employees holding seniority as road conductors or road brakemen In the same ratio as the accumulated hours of yard conductors (foremen) and yard brakemen (helpers). In the event no road employee elects to bid on the accumulated equalizing hours within the bulletined period such accumulation of equalizing hours will be considered forfeited and a new accumulating period shall commence.

(c) This rule shall in no way affect the changing of yard or switching limits at points where no yard crews are employed.

(d) The foregoing is not intended to amend or change existing agreements involving predominantly full - time switching service performed solely by road crews at Industrial parks located within the four - mile limit referred to In paragraph (b) hereof that have been negotiated on individual properties since the National Agreements of 1951 and 1952.

NOTE:The above rule is reproduced from Article VI of Mediation Agreement A - 8b30 dated January 27, 1972.