Tied-Up at Intermediate Point
(May 22 1972 ID Agreement & Schedule Rule 70(a) (4))
The claims:
Required Documentation:
Required Claim Language:
Claim _______ hours continuous time (including accrued overtime) and an additional basic day account being tied-up at the non-designated terminal of ___(terminal name and circ-7) . Was called on duty for the (train symbol) out of ___(terminal name and circ-7) at (time) hrs. on (date) for ID run to ___(terminal name and circ-7) . Per instruction of (manager/dispatcher name) , tied up at non-designated intermediate point/terminal of ___(terminal name and circ-7) at (time) hrs. on (date) for rest. Was rested at (time) hrs. Was called back on duty for (train/deadhead symbol) at (time) hrs. Tied up at final designated terminal at (time) hrs. Penalties are per the 1972 ID Agreement and Rule 70.
- When you are instructed/ordered to tie-up at an intermediate point
- Rule 70(a)(4) provides that if you are at least 10 hours on duty when tied up at the intermediate point, that you "…shall again be considered on duty and under pay immediately upon the expiration of the minimum legal…rest…"
- a federal tie-up at an intermediate point should pay the mileage of the straightaway trip plus overtime to the final terminal as calculated from initial designated terminal on duty time.
- May 22, 1972 ID Agreement allows additional basic day penalty for non-emergency situations:
- Section 6: Except in case of wrecks, floods, washouts and storms, employees manning interdivisional service will not be tied up enroute under the Hours of Service Act and held at such intermediate point and then required to resume their trip after obtaining legal rest. In the event of non-compliance with this Section 6 the held employee will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to his same relative position on the board.
- FORMULA: Total time from initial terminal OD time to Final designated terminal tie-up time, subtracting legal rest time.
Required Documentation:
- A copy of your complete and accurate federal tie-up at the Intermediate terminal.
- A copy of your complete and accurate federal tie-up at the Final Designated Terminal.
- Manager or Dispatcher instructing illegal tie-up
Required Claim Language:
Claim _______ hours continuous time (including accrued overtime) and an additional basic day account being tied-up at the non-designated terminal of ___(terminal name and circ-7) . Was called on duty for the (train symbol) out of ___(terminal name and circ-7) at (time) hrs. on (date) for ID run to ___(terminal name and circ-7) . Per instruction of (manager/dispatcher name) , tied up at non-designated intermediate point/terminal of ___(terminal name and circ-7) at (time) hrs. on (date) for rest. Was rested at (time) hrs. Was called back on duty for (train/deadhead symbol) at (time) hrs. Tied up at final designated terminal at (time) hrs. Penalties are per the 1972 ID Agreement and Rule 70.
RULE 70
TIE UPS
Conductors and brakemen in road service will be considered on duty and under trip pay until tied up as hereinafter provided.
(a) Federal Tie Up.
- This does not apply to any class of service not affected by tie up for rest.
- Under the laws limiting the hours on duty, crews in road service will not be tied up unless it is apparent that the trip can not be completed within the lawful time; and not then, until after the expiration of ten hours on duty under the Federal law, or within two hours of the time limit provided by State laws, if State laws govern.
- If road crews are tied up in a less number of hours than provided in the preceding paragraph, they shall not be regarded as having been tied up under the law, and their services will be paid for under the existing schedules.
- When road crews are tied up between terminals under the law, they shall again be considered on duty and under pay immediately upon the expiration of the minimum legal period off duty applicable to the crew, provided the longest period of rest required by any member of the crew either 8 or 10 hours to be the period of rest for the entire crew.
- A continuous trip will cover movement straight away or turn-around from initial point to the destination train is making when ordered to tie up. If any change is made in the destination after the crew is released for rest, a new trip will commence when the crew resumes duty.
- Crews tied up under the law will be paid continuous time or mileage from initial point to the objective terminal deducting the legal rest period tied up. It is understood that this article does not permit crews to be run through terminals.
- Crews towed or deadheaded into terminals from tie up points without taking legal rest under the law will be paid continuous time or mileage.
(b) Tied Up Less Than 10 Hours. For the purpose of computing time allowances the Federal Tie Up rule will not apply to conductors and brakemen tied up in less than 10 hours after leaving a terminal; neither the Federal nor the Company Tie Up Rules apply to conductors and brakemen tied up under Section (e).
(c) Company Tie up.
Time from arrival at tie up point (on trip on which tied up) to time tied up, and actua1 time consumed in initia1 switching will be added to the actual road time or mileage, and not less than 100 miles allowed for the combined service.
When overtime accrues, computed from time of going on duty, the allowance for initial switching and final work or delay, or the overtime, whichever the greater, will be paid
Example No. 1-
Crew goes under pay and on duty at tie u, point at 7:00 a.m.; switches at A (tie up point) until 9:00 a.m.; runs A to B. 25 miles; switches at B. 1 hour; runs B to C (an intermediate point) 75 miles, arrives C 3:00 p.m.; switches 1 hour and ties up at 4:00 p.m.
Compensation--100 miles plus 2 hours initia1 switching at A and 1 hour final switching at C at pro rata rates.
Example No. 2-
Crew goes under pay at A tie up point) at 6:00 a.m.; goes on duty at A, 7:00 a.m.; switches at A, 3 hours; runs A to B to C (district terminal) 75 miles; arrives at C, 3:00 p.m.; relieved at C at 3:25 p.m.
Compensation--1 hour held time at through freight rates, 75 miles road, 3 hours switch ing at A and 25 minutes final time at C at pro rata rates.
Example No. 3-
Crew on duty at A (district terminal) at 11:00 a.m.; runs A to B. 68 miles; runs B to C (an intermediate point) 32 miles; arrives at C 5 p.m.; switches at C until 6:30 p.m., and ties up at 6:35 p.m.
Compensation--100 miles plus 1 hour, 35 minutes terminal time at pro rata rates.
Example No. 4-
Crew on duty at A (district terminal) at 12:30 p.m.; runs A to B. 22 miles; B to C (an intermediate point) 28 miles; C to D, and return to C, 41 miles; arrives at C at 6:15 p.m.; switches and ties up at C at 8:30 p.m.
Compensation--91 miles plus 2 hours 15 minutes terminal time at pro rata rates.
Section (c)-(5) of this rule does not apply to work, wreck, construction, supply, snow plow, helper service or circus trains, or to crews tied up between terminals because of washouts, wrecks, storms, blizzards, etc.
- When it becomes necessary for the railroad to tie up train crews in road service between terminals, they will be paid the mileage of the schedule to the tie up point, except crews tied up or released from duty between terminals for less than 8 hours will be paid continuous time for the entire trip. When tied up for 8 hours or more, no compensation will be allowed for the time tied up until after the expiration of 24 hours from the time called for the trip on which tied up.
- For the whole or any portion of the first 8 hours of each following 24 hour period during which crew is tied up, they will be paid 12 1/2 miles per hour at freight rates in freight service, and 20 miles per hour at passenger rates in passenger service. Allowance for time held will be computed independently of any trip time.
- Provisions of the Company tie up do not apply to crews tied up under the law, of their own volition, local crews tied up for the night, or any other tie up otherwise provided for in the schedule.
- When crews are tied up under the Company tie up rule and the time elapsing between the service movement and the deadhead movement is less than 8 hours, actual miles or time whichever is the greater will be allowed for the service period, with overtime on basis of overtime rule applicable to class of service performed. Service period continues until time crew starts deadheading. Actual miles will be allowed for the deadhead movement. Minimum allowance of one day will be allowed for the combined service and deadhead movement.
- Conductors and brakemen in pool freight or unassigned freight service tied up or released 8 hours or more at intermediate points under the Company tie up rule will be compensated as follows:
Time from arrival at tie up point (on trip on which tied up) to time tied up, and actua1 time consumed in initia1 switching will be added to the actual road time or mileage, and not less than 100 miles allowed for the combined service.
When overtime accrues, computed from time of going on duty, the allowance for initial switching and final work or delay, or the overtime, whichever the greater, will be paid
Example No. 1-
Crew goes under pay and on duty at tie u, point at 7:00 a.m.; switches at A (tie up point) until 9:00 a.m.; runs A to B. 25 miles; switches at B. 1 hour; runs B to C (an intermediate point) 75 miles, arrives C 3:00 p.m.; switches 1 hour and ties up at 4:00 p.m.
Compensation--100 miles plus 2 hours initia1 switching at A and 1 hour final switching at C at pro rata rates.
Example No. 2-
Crew goes under pay at A tie up point) at 6:00 a.m.; goes on duty at A, 7:00 a.m.; switches at A, 3 hours; runs A to B to C (district terminal) 75 miles; arrives at C, 3:00 p.m.; relieved at C at 3:25 p.m.
Compensation--1 hour held time at through freight rates, 75 miles road, 3 hours switch ing at A and 25 minutes final time at C at pro rata rates.
Example No. 3-
Crew on duty at A (district terminal) at 11:00 a.m.; runs A to B. 68 miles; runs B to C (an intermediate point) 32 miles; arrives at C 5 p.m.; switches at C until 6:30 p.m., and ties up at 6:35 p.m.
Compensation--100 miles plus 1 hour, 35 minutes terminal time at pro rata rates.
Example No. 4-
Crew on duty at A (district terminal) at 12:30 p.m.; runs A to B. 22 miles; B to C (an intermediate point) 28 miles; C to D, and return to C, 41 miles; arrives at C at 6:15 p.m.; switches and ties up at C at 8:30 p.m.
Compensation--91 miles plus 2 hours 15 minutes terminal time at pro rata rates.
Section (c)-(5) of this rule does not apply to work, wreck, construction, supply, snow plow, helper service or circus trains, or to crews tied up between terminals because of washouts, wrecks, storms, blizzards, etc.
(d) Tie Up Account Washout.
Crews tied up between terminals account washouts, etc., will be paid 100 miles for each 24 hours tied up.
Crews tied up between terminals account washouts, etc., will be paid 100 miles for each 24 hours tied up.
(e) Voluntary Tie Up.
Crews enroute over district and the up of their own volition at intermediate points are allowed schedule mileage of the district for the whole service between terminals, with such overtime as may accrue after deducting the time tied up from the total time in service.
Crews enroute over district and the up of their own volition at intermediate points are allowed schedule mileage of the district for the whole service between terminals, with such overtime as may accrue after deducting the time tied up from the total time in service.
