Question: Is it true if one works over 12 hours, the "on the
law" past requires them to be paid by the minute?
Answer: While I am not familiar with this specific case, it certainly could be true. I'm not quite sure what "paid by the minute" means; does it mean the worker gets paid 1/60th of the hourly overtime rate per minute (as opposed to being paid by the 10 or 15 minute time block), or does it mean the worker gets a full hour's OT pay even if he/she only works one minute into the hour? It depends entirely on the contract in place between the railroad and the affected union at the affected location. While there are a few national contracts in place, at many terminals, on many subdivisions, or within many crew bases/pools, there is a unique local contract in place with unique work, job bidding, and payment rules.
Answer: While I am not familiar with this specific case, it certainly could be true. I'm not quite sure what "paid by the minute" means; does it mean the worker gets paid 1/60th of the hourly overtime rate per minute (as opposed to being paid by the 10 or 15 minute time block), or does it mean the worker gets a full hour's OT pay even if he/she only works one minute into the hour? It depends entirely on the contract in place between the railroad and the affected union at the affected location. While there are a few national contracts in place, at many terminals, on many subdivisions, or within many crew bases/pools, there is a unique local contract in place with unique work, job bidding, and payment rules.
A trainmaster is very aware of the specific overtime rules in his/her territory because he/she will be held accountable for managing the overtime budget.
Finally, as an aside: while a crew member may be on duty and getting paid beyond the 12-hour point, no crew member may perform any train service after 12 hours on duty. Trainmasters and dispatchers have to pay close attention to and carefully manage any crews who are getting close to going "outlaw."
Here we go!
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