ARTICLE V - FINAL TERMINAL DELAY, FREIGHT SERVICE

(1986 Arbitration Award No. 458)

  Section 1 - Computation of Time

             In freight service all time, in excess of 60 minutes, computed from the time engine reaches switch, or signal governing same, used in entering final terminal yard where train is to be left or yarded, until finally relieved from duty, shall be paid for as final terminal delay; provided, that if a train is deliberately delayed I between the last siding or station and such switch or signal, the time held at such point will be added to any time calculated as final terminal delay.  

Section2 - Extension of Time  

           Where mileage is allowed between the point where final terminal delay time begins and the point where finally relieved, each mile so allowed will extend the 60 minute period after which final terminal delay payment begins by the number of minutes equal to 60 divided by the applicable overtime divisor (60/12.5 = 4.8; 60/13 = 4.6; 60/13.25 = 4.5; 60/13.5 = 4.4, etc.).  

Section 3 - Payment Computation .

             All final terminal delay, computed as provided for in this Article, shall be paid for, on the minute basis, at one-eighth (1/8th) of the basic daily rate in effect as of June 30, 1986, according to class of service and engine used, in addition to full mileage of the trip, with the understanding that the actual time consumed in the performance of service in the final terminal for which an arbitrary allowance of any kind is paid shall be deducted from the final terminal time under this Article. The rate of pay for final terminal delay allowance shall not be subject to increases of any kind.  

            After road overtime commences, final terminal delay shall not apply and road overtime shall be paid until finally relieved from duty.  

            NOTE:            The phrase ‘relieved from duty' as used in this Article includes time required to make Inspection complete all necessary reports and/or register off duty.

Section 4 - Multiple Trips  

            When a tour of duty is composed of a series of trips, final terminal delay will be computed on only the last trip of the tour of duty.  

Section 5 - Exception.  

           This Article shall not apply to pusher, helper, mine run, shifter, roustabout, transfer, belittling, work, wreck, construction, road switcher or district run service. This Article shall not apply to circus train service where special rates or allowance a paid for such service.

               NOTE:            The question as to what particular service is covered by the designations used in Section 5 shall be                                       determined on each individual railroad in  accordance with the rules and practices in effect  thereon.

  Section 6 - Local Freight Service

              In local freight service, time consumed in switching at final terminal shall not be included in the computation of final terminal delay time.  

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              This Article shall become effective July 1, 1986 except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representatives on or before such date.

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NATIONAL RAILWAY LABOR CONFERENCE

Side Letter #3A

May 19, 1986

Dear Mr. Sytsma:

This refers to Article V of the Agreement of this date concerning the final terminal delay rule, particularly our understanding with respect to the use of the term deliberately delayed in Section 1 of that Article.

  During the discussions that led to our Agreement, you expressed concern with situations where a crew was instructed to stop and was held outside the terminal between the last siding or station and the point where final terminal delay begins and there was no operational impediment to the crew bringing its train into the terminal; i.e., the train was deliberately delayed by yard supervision. Accordingly, we agreed that Section 1 would comprehend such situations.  

On the other hand, the carriers were concerned that the term “deliberately delayed' not be construed in such a manner as to include time when crews were held between the last siding or station and the point where final terminal delay begins because of typical railroad operation, emergency condition, or appropriate managerial decisions. A number of examples were cited including, among others, situations where a train is stopped: to allow another train to run around it; for a crew to check for hot boxes or defective equipment; for a crew to switch a plant; at a red signal (except if stopped because of a preceding train which have arrived at final terminal delay point and is on final terminal time, the time of such delay by the crew so stopped will be calculated as final terminal delay); because of track or signal maintenance or construction work; to allow an outbound train to come out of the yard; and because of a derailment inside the yard which prevents the train held from being yarded on the desired track, e.g., the receiving track. We agreed that Section 1 did not comprehend such conditions.

            Signatures omitted