More than One Class of Service - Guthrie Award

The carrier is permitted to have you perform more than one class of service. This permission comes from the an arbitration award effective February 3, 1953 and signed by Neutral Paul Guthrie. If you are used in more than one class of service, described below, speak to your Local Chairman to determine how to best claim the work performed. Some cases are a claim on top of a trip rate, others are the entire day at a different rate of pay. There are too many scenarios to list them all on this page.

Classes of Service:

• Thru-Freight

• Local

• Hours of Service Relief 

• Wrecker (e.g. derailment cleanup)

• Work (e.g. dump ballast)

• Helper (e.g. shove a stalled train)

Language of Award:

In the Matter of:

A DISPUTE ON "MORE THAN ONE CLASS OF ROAD SER­VICE" BETWEEN THE CARRIERS REPRESENTED BY THE EASTERN, WESTERN AND SOUTHEASTERN CARRIERS' CON­FERENCE COMMITTEES AND CERTAIN EMPLOYES REPRE­SENTED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS, BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, AND ORDER OF RAILWAY CONDUCTORS.

By Arbitration Agreement dated July 17, 1952, the Class I carriers of the United States as represented by the Eastern, Western and South­eastern Carriers' Conference Committees (herein­after sometimes referred to as the Carriers) and their employee represented by the Brotherhood of Locomotive Engineers (hereinafter sometimes re­ferred to as the Engineers), the Brotherhood of Locomotive Firemen and Enginemen (sometimes herein­after referred to as Firemen) and the Order of Railway Conductors (sometimes hereinafter referred to as the Conductors), submitted to this Arbitra­tion Board for decision the disputes between them as to the rule to apply to road employee per­forming More Than One Class of Road Service.

The Agreement further provided that "the arbitrators shall have the right to consider whether or not any rule covering More Then One Class of Road Service should be granted, and if so, the language of such rule."

A W A R D

Question No. 1: "Should any rule covering More Than One Class of Road Service be granted?"

The Board finds there is no controversy over this question. All parties to this proceeding now agree, as a matter of record, that there should be a rule.

Question No. 2:"What shall be the language of the  

     Rule?"

Subject to and in keeping with the provisions of Paragraph 4 of the Arbitration Agreement of July 17, 1952, the Board finds that a new rule should be awarded as follows:

I. More Than One Class of Road Service Rule:

Road employee (engineers, firemen and helpers, conductors and trainmen) employed in any class of road service..may be required to perform two or more classes of road service in a day or trip subject to the following terms and conditions:

A. Payment:

1. Except as qualified by A‑2 below, pay­ment for the entire service shall be made at the highest rate applicable to any class of service performed, the overtime basis for the rate paid to amply for the entire trip. Not less than a minimum day will be paid for the combined service.

When two or more locomotives of differ­ent weight on drivers are used during a trip or day's work, the highest rate applicable to any engine used shall be paid to the engineer, fireman and/or helper for the entire day or trip.

2. Road employee (engineers, firemen and helpers, conductors and trainmen) in through freight and passenger service only shall receive full payment for the regular day or trip based on miles or hours applicable to the regular day or trip plus extra compensation on a minute basis for all additional time required in the other class of road service.

The rate paid both for the regular trip and for the additional time shall be the highest rate applicable to any class of service performed during the entire day or trip.

When two or more locomotives or differ­ent weight on drivers are used during a trip or day's work, the highest rate applicable to any engine shall be paid

to the engineer, fireman and/or helper for the entire day or trip.

Overtime rate shall apply to the extra compensation only to the extent that the additional service results in overtime for the entire day or trip or adds to overtime otherwise payable for hours re­quired for the regular trip.

EXAMPLES FOR THE APPLICATION OF THIS PARAGRAPH A‑2 ARE:

(a) An employee in through freight service on a run of 100 miles is on duty a spread of 8 hours, in­cluding 2 hours of another class of road service – Employe will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at pro rata rate for the other class of road service, both payments to be at highest rate applicable to any class of service per­formed.

(b) An employe in through freight service on a run of 1oo miles is on duty a spread of 9 hours, including 2 hours of another class of road service - Employe will be paid 100 miles or 8 hours at pro rata rate for the trip plus L hour at pro rata rate and 1 hour at time and one‑half for the other class of road service, both payments to be at the highest rate applicable to any class of service performed.

(c) An employe in through freight service on a run of 100 miles is on duty a spread of 10 hours, including 2 hours of another class of road service ‑ Employe will be paid 100 miles or 8 hours at pro rata rate for the trip plus 2 hours at time and one‑half for the other class of road service, both payments to be at the highest rate applicable to any class of service per­formed.

(d) An employe in through freight service on a run of 100 miles is on duty a spread of 12 hours, including 2 hours of another class of road service ‑ Employe will be paid 100 miles or 8 hours at pro rata rate plus 2 hours at time and one‑half for the trip plus 2 hours at time and one‑half for the other class of road service, both pay­ments to be at the highest rate appli­cable to any class of service performed.

(e) An employe in through freight service on a run of 150 miles is on duty a spread of 10 hours, including 2 hours of another class of road service ‑ Employe will be paid 150 miles or 12 hours at pro rata rate for the trip, plus 2 hours at pro rata rate for the other class of road service, both pay­ments to be at the highest rate appli­cable to any class of service performed.

B.   This rule applies:

1. Unassigned and/or assigned road service.

2. Another class of road service regard­ less of when notified, whether at timecalled, at the outset of, or during the tour of duty.

3. Passenger service, except that helper or pusher service not a part of the regular passenger assignment, or wreck or work train service, should not be required except in emergencies.

C. This rule does not involve the combining of road with yard service nor modify or set aside:

1. Lap‑back or side trip rules except when a combination of service includes work, wreck, helper or pusher service and such movements are made in the performance of work, wreck, helper or pusher service.

2. Conversion rules.

3. Terminal switching and/or special terminal allowance rules.

II. Wage Stabilization Finding and Certification:

This Board specifically finds and certifies that the award herein rendered is consistent with the standards now in effect, established by or pursuant to law, for the purpose of controlling inflationary tendencies.

Award rendered and filed in the Office of the Clerk of the United States District Court for the District of Columbia, this 3rd day of December, 1952.

BOARD OF ARBITRATION

Paul N. Guthrie

Neutral Arbitrator and Chairman

Effective February 3, 1953