UNITED TRANSPORTATION UNION

LOCAL 974

SERVING TRAIN CREWS OF THE CSX NASHVILLE DIVISION 

 
Q:   24 hr break in service at home or away terminal will start new six days over for off days.
 
Answer: The rule, CFR 228.19 (b)(6) clearly states that an off day must be at the home terminal. Beyond that it isn't clearly defined. In digging deeper and reading the Federal Register/Vol.74 No.100, May 27, 2009, I find that a new reporting requirement under CFR 218.11(b)(16) states that each hours of duty record for every covered employ must state the number of consecutive days that an on duty period was initiated. This suggests, if not out right requires, that the interpretation, as it develops, will be that an entire calendar day at the home terminal with no on duty time will constitute an off day. I expect a clearer standard will be put out by the FRA in the near future. 
 
Q:   If you are waiting by the phone for a call this is performing services on extraboard or pool.
 
Answer: Being subject to call has never, and is not now, considered covered time on duty for hours of service purposes.
 
Q: Any hotel crews stay at has to have a 24 hr restaurant with walking distant.
Answer:  As far as I can determine, there were no changes to the food availability standards.

Q:   We will not lost any money but will lose because of the off day take away from earnings that you could work.  These are the top few questions or what being said. Thanks for your help and time
 
Answer: Since trip rates, guarantees and how many hours a person works varies so greatly, even within a given terminal, I don't have the answer to that. However, if someone is now getting paid for more than  276 hours in a calendar month for performing covered service or awaiting deadhead transportation, there will likely be a reduction in earnings. Persons now working less than that total could experience an increase in earnings if their time increases to the maximum allowed.  

 

 
 

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