2150 Linglestown Road, Harrisburg, PA 17110
Providing Job Income Protection for U.S. and Canadian Railroaders Since 1912

Eligibility & Exclusions

What is Eligible?

Below, you will see examples of the types of occurrences that are generally eligible for “Held Out of Service” benefits. All other applicable provisions of the BR&CF Constitution must be satisfied for eligibility purposes.


Train and Engine

Although not limited to, these are examples of the types of occurrences that are eligible for “Held Out of Service” benefits.  All other applicable provisions of the BR&CF Constitution must be satisfied for eligibility purposes.   

 

  • Red Signal Violation
  • Main Track Authority Violation
  • Blue Flag Violation
  • Entering Working Limits Without Authority
  • Exceeding Maximum Authorized Speed for a Slow Order
  • Violation of Restricted Speed
  • Excessive Speed While Coupling Cars
  • Run Through Switch
  • Sideswipe
  • Collision
  • Improper Brake Test
  • Improper Radio Procedures
  • Failure to Properly Secure Equipment
  • Failure to Conduct a Proper Job Briefing
  • Failure to Restore a Derail
  • Failure to Restore a Mainline Switch
  • Leaving Equipment in the Foul
  • Failure to Properly Protect a Shove Movement
  • Failure to Comply with a Trackside Warning Detector
  • Safety Rule Violation

Train Dispatcher

Although not limited to, these are examples of the types of occurrences that are eligible for “Held Out of Service” benefits.  All other applicable provisions of the BR&CF Constitution must be satisfied for eligibility purposes.   

 

  • Failure to Issue a Clearance or Order
  • Improper Read Back of a Clearance or Order
  • Improper Release of Track Authority
  • Lined Train in Wrong Track
  • Delay to Train
  • Improper Radio Procedures
  • Failure to Conduct a Proper Job Briefing

Clerk

Although not limited to, these are examples of the types of occurrences that are eligible for “Held Out of Service” benefits.  All other applicable provisions of the BR&CF Constitution must be satisfied for eligibility purposes.   

 

  • Improper Marshalling of Cars
  • Incorrect or Delay of Waybills/Hazmat Issuance
  • Failure to Call Crew Transport/Taxi
  • Failure to Call a Crew
  • Vehicle Collision/Accident/Damage
  • Safety Rule Violation

Car Inspector

Although not limited to, these are examples of the types of occurrences that are eligible for “Held Out of Service” benefits.  All other applicable provisions of the BR&CF Constitution must be satisfied for eligibility purposes.


M&W

Although not limited to, these are examples of the types of occurrences that are eligible for “Held Out of Service” benefits.  All other applicable provisions of the BR&CF Constitution must be satisfied for eligibility purposes.   

 

  • Main Track Authority Violation
  • Entering Working Limits Without Authority
  • Failure to Properly Protect a Crossing
  • Failure to Conduct a Proper Job Briefing
  • Vehicle Collision/Accident/Damage

Signal Maintainer/Track Inspector

Although not limited to, these are examples of the types of occurrences that are eligible for “Held Out of Service” benefits.  All other applicable provisions of the BR&CF Constitution must be satisfied for eligibility purposes.

What is Not Eligible?

Art. XII, (Sec. 4), General Exclusions

No member shall be eligible for any benefits whatsoever for “Held Out of Service,” as hereinafter defined, when at the time of the cause(s) for the discipline assessed the member was not at work or not on duty or where the cause(s) for the discipline assessed is outside the usual duties of the member’s craft or is based in whole or in part, but not solely limited to, the following examples:

(a) Availability or Ability to Work

Availability or Ability to Work – missing call, marking off on call, refusing call, booking sick, not being available for duty, not reporting for duty on time, not meeting any availability policy or requirement, use of or misuse of any form of leave approved or otherwise, abolishment of job, abandonment of tracks, lockout, merger, war, strike, or being furloughed.

(b) Insubordination

Insubordination – refusal or failure to perform any duty or service for the employer, not complying with instructions expressed or implied, insubordination, or abandoning assignment.

(c) Conduct

Conduct – conduct unbecoming, stealing, misappropriation of funds or property, claiming compensation to which not entitled, misrepresenting or concealing facts, dishonesty, vandalism or defacement, tampering or operating with disabled safety device(s), practical jokes or horseplay, sleeping or assuming the attitude of sleep, or conducting oneself in a manner which could subject the employer to criticism.

(d) Disputes

Disputes – harassment, violence in the workplace, threats or intimidation, discrimination, using inappropriate language, or engaging in an altercation or conflict (be it physical or verbal).

(e) Contraband

Contraband – any use, transportation or possession of weapons, games, electronic devices, unauthorized reading material, data, goods, or contraband.

(f) Qualification or Testing

Qualification or Testing – refusal, failure, inability or incapability to maintain or obtain any qualification or to take or pass any training, examination or test required by the employer or any government agency, or failure or neglect of the employer or any government agency to fix or arrange a time for or give any training, examination or test.

(g) Drugs and Alcohol

Drugs and Alcohol – any use, transportation, possession, or detection of alcohol, intoxicants, narcotics, sedatives, stimulants or hallucinogens, or other drugs, or a derivative or combination of any of these, whether prescribed or otherwise, when subject to call, when reporting for duty, while on duty, while on company property, while occupying facilities paid for or furnished by the company, or refusal, failure, inability or incapability to take or pass any drug or alcohol examination or test required by the employer or any government agency, or failure or neglect of the employer or any government agency to fix or arrange a time for or give any such examination or test.

(h) Injuries

Injuries – reporting, late reporting, falsification in reporting, or failure to report, any injury, cumulative injury, occupational illness, medical condition or disease, or being prone to injury. The organization shall not pay any sick, injury or death benefits, except as herein explicitly provided, to or on behalf of its members.

(i) Intentional Act(s)

Intentional Act(s) or Act(s) of Willful or Wanton Negligence – where an officer or director reviewing the information received for the application of “Held Out of Service” benefits, or the board of directors on appeal, have determined that the cause(s) for the discipline assessed is based in whole or in part on any intentional act(s) or act(s) of willful or wanton negligence of any order(s), rule(s) or regulation(s), expressed or implied, of his employer, or of any violation or infraction of any “Federal or State Law” now in force or hereafter enacted.