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194 Part 1245—Classification of Railroad

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194 Part 1245—Classification of Railroad Pt. 1245 49 CFR Ch. X (10–1–18 Edition) this information for purposes of filing a fice of Economics, Surface Transportation complaint. Board, Washington, DC. (3) An original and three (3) copies of § 1245.1 Rules governing classification the complaint shall be filed with the of employees, service, and com- Director, Office of Economics, and Ad- pensation. ministration, Surface Transportation Board, Washington, DC. A copy of the The rules governing the classifica- complaint shall also be served on the tion of railroad employees and reports of their service and compensation out- alleged violator(s). lined in §§ 1245.3 and 1245.4 are required, (4) An answer must be filed within 20 and all Class I railroads within the days after service of the complaint. scope of Section 11145 of the Interstate (5) All parties will be notified in writ- Commerce Act shall be governed by ing of the Director’s decision. If the Di- such rules in the preparation and sub- rector determines that a violation has mission of their annual and other peri- occurred, the offending parties will be odic reports to the Surface Transpor- denied access to the waybill sample for tation Board in accordance with the a period of time commensurate with forms adopted for such returns the nature of the violation. (§ 1245.2); and also with respect to any (6) Appeals to the Director’s deter- other matters covered by these rules. mination shall be filed in accordance with paragraph (d)(4)(iii) of this sec- [47 FR 53867, Nov. 30, 1982] tion. (h) Munitions shipments. All waybill § 1245.2 Reports of railroad employees, service and compensation. requests for munition data at the 3- digit Standard Transportation Com- Each Class I railroad is required to modity Code (STCC) level or greater file a Quarterly Report of Railroad Em- will be forwarded by the STB to the ployees, Service, and Compensation, Department of Defense’s Military Sur- (Quarterly Wage Forms A & B). In ad- face Deployment and Distribution dition, such carriers shall also file an Command (SDDC). The STB will not Annual Report of Railroad Employees, release this type of information with- Service, and Compensation, (Annual out SDDC’s consent. Wage Forms A & B) for each calendar year. Both reports shall be submitted, [52 FR 12416, Apr. 16, 1987. Redesignated at 65 in paper or electronically, to the Office FR 37711, June 16, 2000, as amended at 67 FR of Economics, Surface Transportation 57534, Sept. 11, 2002; 81 FR 8856, Feb. 23, 2016; Board, Washington, DC. The quarterly 83 FR 15080, Apr. 9, 2018; 83 FR 17300, Apr. 19, report shall be submitted within 30 2018] days after the end of each calendar quarter. The annual report shall be PART 1245—CLASSIFICATION OF submitted within 45 days after the end RAILROAD EMPLOYEES; REPORTS of the reporting year. OF SERVICE AND COMPENSA- TION [81 FR 8856, Feb. 23, 2016] § 1245.3 Employees; definition, service Sec. hours, and compensation. 1245.1 Rules governing classification of em- (a) Definition of ‘‘employees’’. The ployees, service, and compensation. 1245.2 Reports of railroad employees, serv- word employees, as used in this part, is ice and compensation. intended to include every person in the 1245.3 Employees; definition, service hours, service of the reporting carrier subject and compensation. to its continuing authority to super- 1245.4 Forms required to be used. vise and direct the manner of rendition 1245.5 Classification of job titles. of his service. Persons engaged to 1245.6 Cross reference to standard occupa- render only specifically defined service tional classification manual. and not subject to the continuing au- AUTHORITY: 49 U.S.C. 1321, 11145. thority of the carrier to supervise and SOURCE: 32 FR 20462, Dec. 20, 1967, unless control their acts, such as custom- otherwise noted. house brokers, lawyers retained only NOTE: The report forms prescribed by part for specific cases and not under general 1245 are available upon request from the Of- or continuing retainer, etc., are not 194 VerDate Sep<11>2014 14:29 Dec 04, 2018 Jkt 244233 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 Y:\SGML\244233.XXX 244233 Pmangrum on DSK3GMQ082PROD with CFR Surface Transportation Board § 1245.4 employees in the meaning of the term requirements apply to enginemen and used in this part. trainmen paid on the basis of trips or (b) Counting employees. Since the of miles run, and to employees paid at number of employees fluctuates, car- piece rates, as well as to employees riers are required to classify and count paid on hourly, daily, weekly, monthly, all of their employees at twelve dif- or other time basis. Service hours for ferent times each year. officers and employees who do not re- (c) Joint employees. Each person joint- ceive payment for overtime should be ly employed shall, if carried on the reported as the number of hours in payrolls of the several joint employers, each month at 8 hours per day con- be counted by each employer and rep- templated for the position. resented in its return of number of em- (e) Compensation. The compensation ployees by a fraction based on the of employees as defined in the rules in number of employers reporting him; if this part is to be stated in such manner a person, for example, is reportable by and detail as the forms adopted for pe- three employers, each should include riodical returns require. him in its number of employees as one- third of an employee. When the entire § 1245.4 Forms required to be used. compensation of a joint employee is shown on the payroll of a single joint (a) The report of information to the employer and is paid to the employee Surface Transportation Board on rail- by that employer such employee road employees, service and compensa- should, for the purpose of returns, be tion includes two forms. Form A re- treated as if employed solely by such lates to employees other than train employer. and engine service employees. Form B (d) Service hours. (1) The number of relates to train and engine service em- hours on duty, or held for duty, and the ployees. number of hours paid for are to be (b) With general reference to the ascertained and recorded for every statement of the compensation of em- class of employee. For enginemen and ployees in Forms A and B, it should be trainmen, the actual number of miles understood that the total compensa- run and miles paid for but not run are tion received by the employees in each to be recorded, as well as the number of Reporting Division, as well as the hours on duty and the number of hours amount of work they perform, should paid for. (The service time of all class- be shown properly distributed under es of employees shall be recorded in the prescribed column heads as indi- hours instead of days or hours as here- cated by the forms. It should be noted tofore.) that if the work of an employee varies (2) Whenever an employee works at during a report period, his time and more than one occupation, or in more compensation should be apportioned than one class of service, both the accordingly. Amounts reported should number of hours worked and the com- be gross compensation paid. pensation paid, should be separated and reported under the proper Reporting Illustrations. (a) In the course of a month, Divisions. an employee works as a Machinist, and as such earns $200 and he works also as a Gang (3) If an employee is paid a day’s Foreman and earns $130. The pay received by wage for a smaller number of hours him in the occupation of Machinist with cor- than constitutes a day’s work, the responding time should be included in re- number of hours paid for as well as the turns for Division 61, ‘‘Machinists’’, and his actual number of hours the employee is other pay and time as indicated should be in- on duty should be ascertained and re- cluded in returns for Division 53, ‘‘Gang corded. Time allowed for meals, part Foremen and Gang Leaders’’. (b) When an holidays, holidays, absences on leave, employee works at two or more of the occu- vacations, etc., should be excluded pations of engineer, fireman, conductor, and brakeman, his time and compensation should from time actually worked, but if such be assigned in accordance with the facts. For time is paid for it should be appro- example, in a certain month an employee priately reported as ‘‘Time paid for but earns as a Through Freight Engineer $110, as not worked’’ on Form A or as a ‘‘con- a Local or Way Freight Engineer $140, as a structive allowance’’ on Form B. These Yard Engineer $100, and as a Local or Way 195 VerDate Sep<11>2014 14:29 Dec 04, 2018 Jkt 244233 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 Y:\SGML\244233.XXX 244233 Pmangrum on DSK3GMQ082PROD with CFR § 1245.4 49 CFR Ch. X (10–1–18 Edition) Freight Fireman $75. The time and the com- (d) The Reporting Divisions shown in pensation of this employee should be cor- Forms A and B following will also be respondingly distributed among Reporting used in connection with the employees’ Divisions 122, 123, 124, and 127 as they are re- spectively applicable, without regard to the schedule in the annual reports of rail- predominance of the time worked or the roads of classes I and II to the Board. amount earned by him in one occupation. Railroads of class III and lessor compa- (c) As elsewhere indicated, the state- nies shall report only the information ment of the number of employees in required in the annual report forms the service of a company with respect prescribed for such companies.
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