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500 Woter Street, ~-pss
Jacksonville, FL 32202
(/TmNsPoBIlMON
Labor ~ e l d l o ~
Department
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February 8,200 1
CSXT Labor Agreement 4-0 19-00
Revised
J. T.Reed, General Chairman
United Transportation Union
General Committee of Adjustment
11363 San Jose Boulevard, Bldg. #lo5
JacksonviIIe, FL 32223
Dear Sir:
Please rderence your request as a result of the Work Rest initiatives flowing from Article
XITI of the 1996 UTU National Agreement that we establish rest day@)for Conductors md
Trainmen in ~ i v i s i o Pool
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Senice. Lined below are conditions that will hereafler apply
to Divisional Pool Service conductors and trainmen obtaining rest day(s). (Note - use of the
masculine gender in the text of this ~greekentwhen refemng to conductors and
trainpersons is understood to include members of the feminine gender as well).
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1) .
The Carrier in consultation with the UTU Local Chairman will determine the
number of conductor turns that can be off each day of the week The rest day
will be associated with the turn and employees will obtain a specific rest day
bough seniority pursuant to Rule 64 of the B&O Agreement.
2)
Each Pool turn will have one (1) assigned rest day per week.
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3)
Employees in Divisional Pool Service who do not d e n to waive their rest
day will be automatically marked-off at 0001 hours (Midnight). The
Employee and his turn will be taken our of the Pool for the rest day.
Employees must noti5 CMC by 1900 hours (7 PM) on the day preceding
their scheduled rest day if they desire to waive or turn off their rest day and
remain available for service. Failure by the employee to notify CMC as
stipulated will cause him to be automatically marked off at 0001 hours
(midnisht) for a period of 24 hours and automatically marked up at 0001
hours (midnight) after observing the rest day.
5)
An employee who has elected to retain his rest day and called for duty prior
to an on-duty time of 0001 hours (Midnight) will be required to accept the
call f i r service. Otherwise, the employee will be removed fiom the calling
sequence at 2200 hours (10 PM) and replaced at 2200 hours (10 PM)
following his rest day for a service call commencing at 0001 hours
(Midnight).
6)
Employees who are called prior to their rest day and are on duty when their
rest day starts may notify CMC that they desire to waive or tum off their rest
day upon return to the home terminal but within one hour of final relief
Failure of the employee to notify CMC that he desires to waive or turn off his
rest day will cause the employee to be automatically marked off for a 24hour period commencing one minute after his final off duty time. Further,
the employee will be repositioned in the Pool two hours prior to the
expiration
-- of the 24-hour rest day subject to a call one-minute after the 24UL
hour.
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An employee marking off for a& reason, except company business musr
remain off the board for a minimum of I2 hours. If an employee's pool turn
has not returned to his home terminal upon his rnarkvp fiom any absence,
the turn immediately will be "transferred" back to the home terminal, with
both the employee and his turn being marked to the bottom of the pool based
on the employee's mark-up time.
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8)
An employee caI1ed under Rule 65 for an outlying point vacancy will have
his rest day preserved pursuant to Question and Answer Number 6 attached
hereto.
9)
When the provisions of Rule 67 mandate an increase or decrease in the
number of Pool Turns, the conditions set out in number 1 above will be
followed.
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The understanding may be cancelled by either party by sewing fifteen (IS)
days written notice.
10)
Signed in Jacksonville, Florida this
4~4
day of February, 200 1.
XZHJ
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&ck Hiel, Sr. Director- Labor Relations
CSXT Labor Agreement 04-019-00
Questions and Answers
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Q-1: When will the specified rest day begin and end for a Pool Service employee?
A- 1: The rest day will be a calendar day (12 midnight to 12.midnight).
Q-2:
to his scheduled rest day
When will the rest day begin for an employee called
for an assignment which is relieved after 0001 hours (Midnight) on the scheduled
rest day?
A-2:
One minute after final relief and will continue for 24 hours. The employee will be
repositioned in the Pool two hours prior to the expiration of the 24-hour rest day.
The repositioning will coincide wifh a possible call for s e ~ c commencing
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one
minute after the 24* hour.
When and where will an employee used off of his assignment be returned in the
Pool? -
A-3:
If the employee is released prior to his rest day and his turn is still at the home
terminal, he should be marked to the turn and assume its same position. If his turn is
"out", the turn immediately will be "tansfe~ed"back to the home terminal with
both the employee and his turn being marked to the bottom of the pool. The make
whole provisions of Rule 73 will be applicable.
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4-4: How will a pool employee be compensated when he is used off his assignment and
subsequently works his Pool Turn out of the home terminal before the employee
covering his vacant turn returns to the home terminal?
A4: After the employee retums to his Pool Turn &er being used on another assignment,
he will be paid in accordance with Rule 73 as follows:
1.
If the returning employee is called and on duty before the
employee covering his vacant turn is on duty at the away lrom
home terminal, the returning employee will be entitled to the "oneway trip" difference in earnings on the final trip, if any.
2.
If the empIoyee covering the vacant turn is on duty before
the returning employee is on duty at the home terminal then the
returning employee is entitled to the entire "round trip" difference
in earnings on the final trip, if any.
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The procedure sa out in QkA-4 will likewise be applicable to employees marked off
on company business and entitled to lost earnings.
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Q-5:
Following his rest day, when will an employ& be placed back into the Pool?
A-5:
The heemployee will be repositioned in the Pool two hour's prior to the expiration of
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the 24 hour rest day. The repositioning will coincidewith a possible call for service
commenting one minute after the 24& hour.
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4-6: When
will the rest day begin for an m ~ l o y c e ,called to protect an outlying
assignment, who is required to work on his assigned rest day?
A-6:
He will preserve the rest day if it occurs prior to his return to the Pool. If he returns
to the Pool before the end of the wok, his rest day will commence upon return to the
terminaI. If BE does not return to the Pool in time to observe a rest day that week, it
will be considered as having been~accumulatedBnd will be taken consecutively
(before or after) with his next assigned rest day.
Q-7:
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May an employee waive or elect not to take the assigned rest day?
A-7: Yes. Except the employee must notify CMC as provided for in Items 4 and 6.
4-8: Are Pool
employees required to noti@ the mew caller when they begin and end
observance of the rest day?
A-8:
If an employee does not elect to waive or turn off his rest dayand has not contacted
CMC in accordance with Items 4 and 6, they will be automatically marked off at
0001 hours (midnight). They will also be marked up automatically at the end of the
rest day.
Q-9:
Will a pool employee be considered availabie for service if the call for duty is made
at 2200 hours (10 PM) or h e r which will result in the employee going on duty on
his designated r a t day?
A-9: No. If the employee will not be on duty, or under pay or, prior to 0001 h o w
(midnight), the beginning of the rest day2then he will not be considered .available for
service.
Q-10: How will an employee returning fiom a rest day be marked-up in relation to other
employees marking up in the Pool?
A-10: When marked-up at the end of a rest day, he e
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1be placed at the bottom of the
Pool after employees who are retuming fiom compensated service. A Pool
' employee returning fiom a rest day $11
be marked to the pool board ahead of any
employees returning fiom non compensated service when the mark-ups occur
simultaneously.
Q-11: May a Pool employee move to Gotha pool T&
for rest
day preference?
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A - 1: Yes. However, he will not be permitted to take the assignment that he vacated, or a
similar assignment (an assignment identical, the conditions of which do not establish
reason for preference) for a period of founeen days. This 1 1 1 not prevent him from
claiming the former assignment if displaced by a senior employee or the new
assignment is discontinued.
Q-12: Are employees who are observing a kst day required to be in place at call time 2200
hours (10 PM) for positions which go on duty after expiration of a twenty-fow hour
off day (000 I Midnight)?
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A-12: Yes.
Q-13: Except as provided in Question and Answer 12, are employees who are observing a
rest day required to remain in place for caU?
A-13: No.
Q-14: May an employee exercise seniority to a Pool Turn on the recognized rest day?
A-14: No, the senior employee mun exercise seniority prior to 2200 hours (10 PM)
preceding the automatic mark-off of 0001 hours (Midnight) of the regular pool
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employee.
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ELLMINATE ANSWERNO. I5
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4-16: Will provisions that establish "no runaround" rules in Divisional Pool service be
eliminated as a result of CSXT Labor Agreement 4-01 9-00?
A-16: Yes, all Divisional Po01 service 'no runaround" d e s will be eliminated, except
Agreement Rule 26.
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- 7 : If an employee holding a position outside the Pool &ard or regular assigned mad
3ervice) elects to displace
to the pool, b he required to displace the junior employee
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in the Pool?
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A-17: NO, he may displace the junior employee occupying the rest day desired. If the turn
is out of the terminal he will be marked up at thl bottom of the Pool, and the
employee occupying the position will be notified when they ntum to the home
terminal of the displacement. If the assignment is in the home terminal he will be
marked up in the same position as the employee he is displacing.
Q-18: When and where will an employee marking of5 or being found out of place for a
call, be returned in the Pool?
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An employe marking o c or being foupd out of place for a call, must remain off for
a minimum of 12 hours. If the employee marks up prior to his rest day and his turn
is at the home tenninal, he should be marked to the tum and assume its same
position. If his turn is "out7', the turn immediately will be "transferred" back to the
home terminal with both the employee and his turn being marked to the bottom of
the pool. The employee occupying the position that is out of the terminal will be
notified when he returns to the terminal that he is relieved.
9-19: ~ o e an
s employee in Pool Service stand for Company Business calls on hii assigned
rest day?
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A-19: No. The employee will not be subject to censure or discipline for refusing to accept
a call on his off day for Company Business calls. Exception to the Q&A would be
an employee involved in litigation on behalf of CSXT as a witness.
4-20: Will the obsewanceof rest days in Pool Service adversely affect an employee's
guarantee payments such as New York dock?