ITD/OVERTIME
A Change of Heart
On November 1 2000, our General Committee of Adjustments was successful in getting the carrier (labor relations) to change their mind regarding their interpretation of ITD/overtime.
Labor Relations has conceded that if an employee arrives at his final terminal prior to the beginning of overtime, that employee saves his/her ITD, and also any overtime accrued until off duty. It remains a fact that if the employee doesn't arrive prior to overtime commencing, he/she will be paid the greater of ITD or overtime. Remember that FTD stops when overtime commences.
Any claims submitted to this committee for ITD/overtime will be paid. Those claims not submitted to this committee for appeal are, unfortunately, lost.
Thanks to our GCA for their efforts, and thanks to all of you for your patience.
Labor Relations has taken the position that when overtime commences, no matter if you have arrived at your final terminal before the onset of overtime, you will be paid the monetary greater of ITD, or overtime, but in no circumstances will you be paid both.
Their reasons for this change are:
Because they can.
Because they want to.
Because the RLA allows them to do so.
The reasons why they will lose this position are:
Rule 13 SP&S Agreement, 1955
Terminal Allowances.
(a) Time consumed by freight or mixed train engineers at terminals doing work will be paid for in addition to pay for trip.
(e) When the train reaches the final terminal before overtime commences calculated from the time of reporting for duty the special payments will be allowed at the pro rata rates.
(f) If the train is not on overtime on arrival at the final terminal, but the overtime period commences before final release, special payments accruing at the final terminal up to the period when overtime commences will be allowed on the basis of the pro rata rates, but time thereafter shall be paid on the actual minute basis at three-sixteenths of the daily rate.
Initial Terminal Delay-Through Freight Service. Amended by Arbitration Award 458, and PL 102-29).
(g) (1) Initial terminal delay shall be paid on a minute basis to engineers in through freight service after one (1) hour and fifteen (15) minutes’ unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the terminal, at one-eighth (1/8th) of the basic daily rate, according to the class of engine used, in addition to the full mileage, with the understanding that the actual time consumed in the performance of service in the initial terminal for which an arbitrary allowance of any kind is paid shall be deducted from the initial terminal. time under this rule.
(NOTE: The phrase “Train leaves the terminal” means when the train actually starts on its road trip from the yard track where the train, is first made up.)
(2) When road overtime accrues during any trip or tour of duty, in no case will payment for both initial terminal delay and overtime be paid, but whichever is the greater will be paid.
(Road overtime is when the miles encompassed in the basic day are divided by the applicable divisor. This then determines when overtime begins, i.e., if you are on a 100 mile run overtime begins after eight hours).
(Terminal overtime would be considered terminal switching allowances, FTD, etc. In other words arbitraries that pays you additional
monies at the straight time rate of pay).