As the result of long and exhaustive negotiations, the General Committee has been able to secure the attached agreement,
CSXT Labor Agreement 4-032-09, relative to the handling of conductor pools in the face of Hours of Service modifications mandated by the Rail Safety and Improvement Act of 2008. While the basic premise of the understanding merely represents a straightforward application of the modified Hours of Service Act against our labor agreement rules governing pools, which was already being implemented, the understanding does offer our members additional relief in the fact that:
- Conductors/trainmen forced to take RSIA mandated 48/72 hours rest will hold their position in the pool so that they will not lose additional tours of duty when their mandated rest has been served.
- Conductors/trainmen held off an assignment by the Carrier for fear of surpassing their monthly 276 hours threshold will be compensated without question in the event the employee working the assignment completes his tour (one way) within the prescribed time the detained employee had available to work.
Finally, and maybe most importantly, a review of Section 5 of the Agreement will reflect recognition that mileage regulation factors will have to be re-evaluated as a result of Hours of Service law changes. Furthermore the section empowers the Local Chairperson to identify and address those regulation needs in conjunction with the appropriate CMC officer; with the General Chairperson and Labor Relations merely serving as “referee” in the event that an agreement cannot be reached on the local level.
Regulation of the pools, and flexibility within that regulation, is something we have been trying to get back into the hands of our Local Chairpersons since the Carrier first cracked down on a strict application of the Rule 67, Section A, mileage constraints a couple of years ago.
