Jerome sent me an update he would like shared with all our members;
- 218.97 Good faith challenge procedures.
(a) Employee responsibility. An employee shall inform the railroad or employer whenever the employee makes a good faith determination that the employee has been directed to either take actions that would violate FRA regulations regarding the handling of equipment, switches, and fixed derails as required by this subpart, or to take actions that would violate the railroad’s operating rules implementing the requirements of this subpart.
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Good Faith Challenge, you have the right under FRA CFR 49 218-97, to challenge any supervisor or yardmaster if they order you to violate the specific rules contained in 218. They are leaving equipment fouling, fixed derails and switches. Leaving equipment fouling is a one we encounter often and want to focus on, it is a violation of this rule issued by the FRA and a decertification against your conductor certification. If you are told to leave equipment fouling another track you MUST foul completely to restrict any access to the track or other tracks i.e. pull equipment over the switch so it cannot be accessed. You cannot just pull it just a little long, regardless of who told you and you have every right to refuse to do it and request a good faith challenge, most locations are marked with a tie painted or marks on adjacent pavement. Once you request a good faith challenge you cannot be ordered to make the move until it reaches resolution under the FRA guidelines. Please read SI 701 B-1 for the complete rule and third party has to be on site and their ruling is official.
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When working in yards and drilling multi levels, and the 27 point jumper cables have been removed, you must cut out epic computer breaker located behind engineer’s seat in the cab car, in order to make up your air. When this circumstance occurs and you’re making a shoving move you will not be able to make an emergency application (dump) the train from the cab stand, you must use the firemans side dump valve located just to the right of the window or the valve inside the coach located to the upper right of cab access door.
If you encounter any problems in the yard always follow the safe course and ask questions, if you are unsure your union representatives numbers are posted online and at sign up locations, (please put at least one of our numbers in your phone and reach out to us) we cannot always answer immediately but leave a message and we will get back to you ASAP.
