RSIA Q and A

Brothers,

This is old information but I thought I would re-post it. I have had a lot of RSIA questions lately  .

Questions And Answers To The New RSIA HOS Laws….

How much time is an employee to be unavailable after acquiring on six (6) consecutive starts?

48 hours.

How much time is an employee to be unavailable acquiring on seven (7) consecutive starts?

72 hours. The 7th start must be a trip out of other than the home terminal and the employee must tie-up at the home terminal after the tour of duty.

What type of service counts towards the 6/7 consecutive /Starts?

Working Trips, Deadhead Combined with Service, and Call and Release with Service constitute initiating an on duty period. . Call and Release prior to on duty time, Separate and Apart Deadheads, Training classes, Safety meetings do NOT constitute initiating an On duty period.

Is a call & release considered initiating an on-duty period on a calendar day toward the six (6) consecutive starts?

Yes, if released after the on-duty start time.

Can an employee choose to work 7 consecutive starts to qualify for 72 hours unavailable time off?

No. The only way an employee can work 7 consecutive starts is if they initiate an on duty period at the home terminal on the 6th start and tie-up at an away from home terminal.

Is deadheading, service as Yardmaster, Peer Trainer, attending T.S.C. training or Operation RedBlockmeetings considered “initiating an on-duty period on a calendar day” toward the six (6) consecutive starts?

No, unless during these activities he/she performed covered service.

Is attending rule exams, court or investigations, vacation, personal leave, holidays (paid not worked), jury duty, bereavement leave, FMLA, available days but not worked or HAHT considered “initiating an on-duty period on a calendar day” toward the six (6) consecutive starts?

No.

What happens to an employee’s assignment if he/she has worked 6/7 consecutive starts?

The employee will be in an unavailable status. His/her assignment and/or turn on the extra board will be handled in the same manner as when the employee is unavailable in any other laid off/unavailable status.

Why is the FRA changing the definition of a calendar day?

Effective February 29, 2012, the FRA has advised that some railroads and labor organization’s agreements appear to be used to avoid the current federal rest requirements. Since starting a new day at midnight treats employees differently, especially those who just tied up in the preceding few hours, the new interpretation, when effective, is meant to have all employees have a 24-hour period after their tie-up count as the next “day”. This new interpretation must be implemented by January 1, 2013.

What changes are being made to how starts are calculated?

Union Pacific TE&Y employees Hours of Service starts will be based on the latest FRA interpretation which provides that a “work” day for purposes of the ‘‘consecutive-days’’ limitation means to ‘‘initiate an on-duty period’’ within a 24 hour period. Under the old calendar day interpretation, multiple starts in the same day are counted as 1 start. Effective 12/11/12, the FRA’s interpretation will now provide that all covered service starts within the same 24 hour period will be counted.

When will the new FRA regulation regarding 24 hour starts vs. calendar day starts go into effect?

On Tuesday, December 11th, 2012 Union Pacific Railroad will move from the current calendar day start calculation to the new 24-hour start calculation. The Federal Railroad Administration requires Union Pacific Railroad to be in compliance with the new 24-hour day start calculation by of January 1st, 2013

Who is affected by the change from calendar day starts to 24 hour consecutive starts?

Any TE&Y employee or employee performing covered service who was governed by calendar day starts prior to the change, except those performing passenger services.

Are passenger service employees who only work passenger service affected by this change?

No, as long as the employee only works in passenger service, they are governed by the passenger service regulations.

If a passenger service employee works a freight service job, are they affected by the change?

Yes, the most restrictive HOS rules will apply.

How much time must pass before consecutive starts reset?

If there is at least 24 hours between the tie-up from one covered service event and the start of the next covered service event, the number of starts will reset. (Covered service = the portion of time the employee spends on-duty engaged in the movement of a train).

If after the new 24-hour rule is applied, an employee starts work at 02:00 and completes their 4th start at 13:00 and does not work again until 13:00 on the following day (exactly 24 hours later) do the starts reset?

Yes, at least 24 hours have passed without covered service being performed.

Is there any change to the FR layoff after the 6th/ 7th start?

No. Employees will still be laid off FR (Federal Requirement) upon tie-up at the home terminal for 48 hours (6 starts), and 72 hours (7 starts).

What constitutes an event that would be counted as a start?

An event where covered service is performed (for example; freight service, deadheads combined with service, a call & release after on-duty time).

What does not constitute an event that would be counted as a start?

Call & Release prior to on-duty time, separate and apart deadheads, training (without directly moving or affecting the movement of a train), classes, Federally mandated hearing and vision tests, and safety meetings.

Does a separate and apart deadhead automatically reset my start count?

No. No changes have been made to whether separate and apart deadheads count as starts. A separate and apart deadhead is not covered service.

Example A:

Employee has a DH separate and apart with greater than 24 hours between covered service starts (starts are reset):

Dec. 11th On duty 0500-1700 on the MABCD/11 = Start 1

Dec. 12th On duty 0600-1500 on the IABCD/12 = Start 2

Dec. 13th On duty 0200-1400 on the ZABCD/13 = Start 3

Dec. 14th On duty 0400-1600 on the CABCD/14 = Start 4

Dec.15th On duty 0400-1600 on the KABCD/15 = Start 5

Dec.16th On duty 0600-1000 on DH30/16 is not a start

Dec. 17th On duty 0200-1400 on QABCD/17 = Start 1 (Starts would reset because there is greater than 24 hours between the off-duty time of the KABCD/15 on Dec 15th 1600 and the on-duty time of the QABCD/17 on Dec.17 0200).

Example B:

Employee has a DH separate and apart with less than 24 hours between covered service starts (starts are not reset):

Dec. 11th On duty 0500-1700 on the MABCD/11 = Start 1

Dec. 12th On duty 0600-1800 on the IABCD/12 = Start 2

Dec. 13th On duty 0600-0700 on the DH30/13 is not a start

Dec. 13th On duty 1700-0500 on the CABCD/14 = Start 3 (Starts would not reset because there is less than 24 hours between the off-duty time of the IABCD/12 on Dec 12th 1800 and the on-duty time of the CABCD/14 on Dec.13 1700).

Can an employee contact Crew Management Services (CMS) while laid off in FR (Federal Requirement)?

Yes, this has not changed. The employee can initiate contact, but CMS cannot attempt contact with an employee in FR status.

Does limbo time affect an employee’s number of starts?

No, but limbo hours should be monitored as to not exceed 30 hours a given month.

If after completing a 6th start, an employee ties up at their away from home terminal (AFHT), and the employee spends at least 24 hours off at the AFHT, how long will the employee be off FR after working to their home terminal tying up?

The employee will laid off FR for 48 hours once they arrive back at their home terminal.

If an employee has completed six (6) starts in only five (5) days, should that employee be placed in FR status after their tie-up to begin their 48 hours of FR at the home terminal?

Yes. Six starts have been completed.

Example:

DAY 1: Start #1 OD 0030 – 1000 tie up at AFHT, Start #2 OD 22:00- 07:30a at HT of day 2.

DAY 2: Start #3 OD 20:00- 06:00a at AFHT of day 3.

DAY 3: Start #4 OD 16:00- 22:00 at HT

DAY 4: Start #5 OD 11:00- 23:00 at AFHT

DAY 5: Start #6 OD 11:45- 23:45 at HT

Employee has completed the (6) start at their Home Terminal, and is now due 48 hours Federal Requirement (FR).

If after completing a start, an employee ties up at their away from home terminal (AFHT), and the employee spends at least 24 hours off at the AFHT, will their starts reset?

Yes.

Is it possible to have more than one start in one day?

Yes.

Example:

An employee’s on duty time is 0100, and they tie up at 0900. The employee is then in undisturbed rest for 10 hours, until 1900. They are then again called for duty at 2200 that same day. The employee would have two starts.

If I have five starts under the new 24-hour starts calculation and get called to Deadhead separate and apart from service on my 6th start, will I be in FR at the end of the deadhead?

No, provided there is not a 6th covered service start prior to 24 hours after tie-up from the 5th start.

If I am already laid off for Federal Requirement under the Calendar Day rules going from Dec. 10th to Dec. 11th, will I be marked up at midnight and have my starts reset?

No, you have achieved 6 starts, and are laid off for 48 hours from your last tie up at home to satisfy the federal requirement.

What will happen to my starts on December 11th, 2012?

Your starts will be figured differently starting on the date the new rules apply. Your starts prior to the cutover date will be figured using the calendar day starts calculation, and your starts after the cutover date will be figured using the new 24-hour starts calculation. Starts will not reset. If you are on-duty when the cutover occurs, the new 24-hour starts calculation will apply.

Example A.

5 Starts w/ Calendar day rule + 1 Start as 24-Hour rule, reset starts cycle to 1:

Dec. 6th Start 1 on duty 0500-1700

Dec. 7th Start 2 on duty 0600-1500

Dec. 8th Start 3 on duty 0200-1400

Dec. 9th Start 4 on duty 0400-1600

Dec.10th Start 5 on duty 0400-1000 (Dec. 11th 2012 00:01 UPRR starts 24-Hour Rule for starts)

Dec.11th Start 1 on duty 1100-2300. Notice 24 hours passed from tie up on the 5th start on Dec. 10th at 10:00am until the on duty time of the next start on Dec. 11th 11:00am.

Example B.

5 Starts w/ Calendar day rule + 1 Start as 24-Hour rule is 6th start requires FR:

Dec. 6th Start 1 on duty 0500-1700

Dec. 7th Start 2 on duty 0600-1500

Dec. 8th Start 3 on duty 0200-1400

Dec. 9th Start 4 on duty 0400-1600

Dec.10th Start 5 on duty 0400-1400 (Dec. 11th 2012 00:01 UPRR starts 24-Hour Rule for starts)

Dec.11th Start 6 on duty 1000-2000 48 hours of Federal Requirement (FR) is required.

Example C.

3 Starts under Calendar day rule + 3 Starts under 24- Hour rule:

Dec. 8th Start 1 on duty 0900-2000

Dec. 9th Start 2 on duty 0900-1900

Dec. 10th Start 3 on duty 0900-2100 (Dec. 11th 2012 00:01 UPRR starts 24-Hour Rule for starts)

Dec. 11th Start 4 on duty 0900-2100

Dec. 12th Start 5 on duty 0900-2000

Dec. 13th Start 6 on duty 0900-2000

Federal Requirement (FR) for 48 hours upon tie up at home terminal.

Example D.

6 Starts w/ Calendar day rule (on-duty while cutover occurs) requiring FR:

Dec. 5th Start 1 on duty 0500-1700

Dec. 6th Start 2 on duty 0600-1500

Dec. 7th Start 3 on duty 0200-1400

Dec. 8th Start 4 on duty 0400-1600

Dec.9th Start 5 on duty 0400-1400

Dec. 10th On Duty 1300 (Dec. 11th 2012 00:01 UPRR starts 24-Hour Rule for starts)

Dec.11th Tieup 0100 – 48 hours of Federal Requirement (FR) is required at the home terminal

Who can I contact if I have a question about my starts and how this change affects me?

Please direct calls to CMS.

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Unavailable Time

When does the 48/72 hours unavailable time begin?

Tie-up of the 6/7th start at home terminal.

Can the 48/72 hours be observed at other than the home terminal?

No.

May communication be initiated with an employee observing 48 or 72 hours unavailable time?

No – although exactly what constitutes communication is still under review.

May an employee initiate communication while observing 48 or 72 hours unavailable time?

Yes.

If an employee works out of the home terminal for his/her 5th consecutive on-duty period and is not called out of the away-from-home-terminal on his/her 6th day, is he/she entitled to 48 hours unavailable period when he/she ties-up back at the home terminal?

No. The employee must work six (6) consecutive days in order to receive 48 hours.

May an extra employee protecting an outside vacancy work 6 consecutive days and deadhead back home on continuous time?

Yes.

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Guarantee

Is the 10+ hours undisturbed rest (UDR) considered unavailable time toward guarantee calculations?

No.

Is the 48/72 hours unavailable time due to working 6/7 consecutive days considered unavailable time toward guarantee calculations?

Yes.

Will unavailability resulting from the 48/72 or 276 hour cap count both as an occurrence(s) and hours toward guarantee forfeitures?

Yes.

Will unavailability resulting from the 48/72 or 276 hour cap impact an employee’s exposure to the TE&Y absenteeism policy?

No.

May an employee request single day vacation or personal leave, if applicable, during the unavailable time (48/72 or 276 hour cap)?

Yes.  Consistent with the current agreement and assuming the employee has single vacation days or personal leave days and the assignment qualifies for personal leave.

Some extra board agreements provide for a “free day” under certain conditions wherein an employee may take a day off without deduction to his/her guarantee. Will these agreement provisions still be applicable?

Yes. The unavailable time (48/72 or 276 hour cap) will impact the free day in the same manner as any other layoff. In other words, if an employee if observing unavailable time due to 48/72 or 276 hour cap, he/shewould not be entitled to lay-off for a “free day”.

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10 Hours Of Rest/Undisturbed Rest (UDR)

Is the 10-hour rest undisturbed (UDR)?

Yes.

Is there a different UDR if an employee ties up after 11’59” versus 12 hours?

No.

When does the 10-hours rest begin?

Tie-up.

Is the 10-hour rest extended if the employee is on-duty greater than 12-hours?

Yes, on a minute by minute basis. For example: If you are total on duty time is 14’25” (OD at 0600, relieved at 1800, released at 2025) you would be required to take 12’25” of undisturbed rest (10 UDR plus 2’25” UDR for the on duty time greater than 12’).

May the employee decline the extended rest due to on duty times greater than 12 hours?

No.

How are the daily preference/roll call systems in yard service affected by the RSIA?

Switchmen participating in the daily preference/roll call system must have 10 consecutive hours of undisturbed rest between shifts and cannot mark to a job on the following day that has a start time less than 10 hours later.

Are text messages, e-mails, or other electronic correspondence permitted during the rest period?

Yes, employees have the ability to control when they view those messages and can turn off their devices.

Are 4-hour breaks still applicable? 

Yes.

Limbo Time

When does the limbo time that is counted toward the cap start?

Time on-duty in excess of 12-hours. The monthly accumulation begins at midnight each calendar month.

What if during a tour of duty, limbo extends into the following calendar month?

The limbo cap resets at midnight each month. For example; an employee is called at 11:00 a.m. on October 31st and ties-up at 1 a.m. on November 1st. He/she would have two (2) hours limbo, one (1) hour toward the October’s cap and one (1) hours toward the November’s cap.

Does the limbo time also count toward the 276 hours of service cap?

Yes.  All service at the behest of the company counts towards the 276 cap.

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