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North Loop – Questions and Agreed-to Answers
1. Q. Is the commuting allowance to be used for offset purposes: either for the extra board guarantee, yard guarantee or used to offset any protective monies provided for in the Award of Arbitration Board No. 458?
1. A. The commuting allowance payments will not be incorporated as earnings
for any offset purposes, board guarantees or protective allowances.
2. Q. Does the agreement in any manner modify any of the Crew Consist Agreement provisions such as Code IM?
2. A. The agreement does not change the Crew Consist Agreement(s). No agreements are modified unless specifically changed by this agreement. See Section 24 of this agreement.
3. Q. When an engineer is activated at the home terminal, when is the engineer subject to receiving a call for service?
3. A. At the expiration of four (4) hours, with an on-duty time no earlier than six (6) hours after being activated.
4. Q. Can an engineer lay off an activated turn?
4. A. Yes, in case of an emergency.
5. Q. Can an engineer lay off account illness after being activated and called for service?
5. A. Yes.
6. Q. Can an engineer mark up on an activated turn?
6. A. On turns allocated to CSS and FWD, yes, unless an extra rnan has been called. On turns allocated to Santa Fe, no.
7. Q. Can an engineer bump onto an activated turn?
7. A. On turns allocated to CS.S and FWD, yes, unless the turn has been called for duty. On turns allocated to Santa Fe, no.
8. Q. If an engineer has been activated at the home terminal for less than four hours and misses a call during that period, will he/she be paid for loss of earnings?
8. A. Yes.
9. Q. If an engineer has been activated at the home terminal for less than four hours and misses a call during that period, will he/she be subject to discipline or censured in any manner?
9. A. No.
10. Q. If an engineer has been activated at the home terminal for less than four hours, can he/she refuse a calI during that period?
10. A. Yes, and will not be subject to discipline or be censured in any manner, and will be paid for loss of earnings.
11. A. When an engineer is activated at the away from home terminal, when is he/she subject to receive a call for service7
11. Q. Immediately, if needed.
12. Q. Section 15.1 provides for 84 miles at the basic through freight rate or time consumed calculated from the time relieved at Trinidad on a minute basis at the basic through freight rate, separate and apart from the service. Are these 84 miles to be used in the calculation for pool regulation under Section 10.4 (between 4200 and 5200 miles per month)?
12. A. Yes.
13. Q. On the north loop, is it understood that for Held Away From Home Terminal purposes and calculation that the actual time for starting the HAFHT measurement period (clock) will begin at the time relieved (train comes to rest) at La Junta?
13. A. Yes.
14. Q. Will the Denver-based engineers provide HOSL relief for
trains running southward from Denver up to but not including Pueblo?
14. A. The ID pool engineer (in this service) standing first-out at Denver will provide hours of service relief.
15. Q. Will the Denver-based engineers provide HOSL relief for trains running from Denver to La Junta?
15. A. From Pueblo to La Junta, the ID pool engineer (in this service) standing first-out at Denver or the first-out loop extra board crew at La Junta may provide hours of service relief only to Pueblo.
16. Q. Will the Trinidad-based engineers provide HOSL relief for trains running northward from Trinidad up to but not including Pueblo?
16. A. The ID pool engineers (in this service) standing first-out at Trinidad will provide hours of service relief.
17. Q. Will the Trinidad-based crews provide HOSL relief for trains running from Trinidad to Denver?
17. A. From PuebIo to Denver, the ID pool crew (in this service) standing first-out at Trinidad or the first-out extra board crew at Denver may provide hours of service law relief only to Pueblo.
18. Q. Section 13 references ”engineers in this service.” Does this mean engineers either working or deadheading’?
18. A. Yes.
19. Q. Section 14 references ”shall be paid for at the applicable interdivisional overmile rate.” What does this mean for the employees of the former ATSF and/or for these same employees working in either the north or south loop?
19. A. Under the ATSF schedule, this means that the appropriate rate will be and is the conductor-only overmile rate of pay.
20. Q. Can away-from-home-terminal engineers en route be placed to the active board prior to their arrival time at the away-from- home terminal?
20. A. Yes.
21. Q. What is the penalty payment if activations are published outside the plus or minus 30 minutes of activation times as stated in Section 5?
21. A. The penalty payment is one basic day.
22. Q. When a cut-in turn is placed on the active board, is an extra board engineer placed on the cut-in turn at the activation time?
22. A. No. The extra board engineer is placed on the cut-in turn when it is called for service.
23. Q. What is the correct payment as provided by Section 8.1.1 in the north loop?
23. A. 478 miles at the working rate of pay.
24. Q. Does ”Engineers may not be moved to a train traveling in the opposite direction” apply to both pre- and post-86 engineers?
24. A. Yes
25. Q. If an engineer is relieved en route short of La Junta and transportation is provided to Trinidad, is the engineer entitled to the 84 miles as provided for in Section 15.1?
25. A. Yes.
26. Q. Is re-blocking or re-arranging the train considered to be switching?
26. A. Yes, except when it is necessary to reposition a car which requires particular placement because of Bureau of Explosives, DOT, STB or other government regulation.
27. Q. If an engineer in this service qualifies for payment of a Conductor-only violation, is the Conductor-only penalty payment in addition to the payments as provided for in Section 21.4?
27. A. Yes.
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