1、191 Surface Transportation Board, DOT 1245.2 (g) Complaint procedures. (1) Com-plaints for alleged breaches of con-fidentiality or misuse of confidential waybill data must include the fol-lowing: (i) Identification of all known parties involved in the alleged violation. (ii) The approximate date(s)
2、of the al-leged violations. (iii) A full and detailed description of the alleged violation. (iv) A description of any resulting harm to the complainant. (2) Prior to filing a complaint, a com-plainant, upon written request, may obtain a copy of the incoming waybill request and the applicable confide
3、n-tiality agreement. This request must identify the party involved, give the approximate date the data was re-leased, briefly describe the alleged vio-lation, and substantiate the need for this information for purposes of filing a complaint. (3) An original and three (3) copies of the complaint shal
4、l be filed with the Director, Office of Economics, Environ-mental Analysis, and Administration, Surface Transportation Board, Wash-ington, DC 20423. A copy of the com-plaint shall also be served on the al-leged violator(s). (4) An answer must be filed within 20 days after service of the complaint. (
5、5) All parties will be notified in writ-ing of the Directors decision. If the Di-rector determines that a violation has occurred, the offending parties will be denied access to the waybill sample for a period of time commensurate with the nature of the violation. (6) Appeals to the Directors deter-m
6、ination shall be filed in accordance with paragraph (d)(4)(iii) of this sec-tion. (h) Munitions shipments. All waybill requests for munition data at the 3- digit Standard Transportation Com-modity Code (STCC) level or greater will be forwarded by the STB to the Department of Defenses Military Traf-f
7、ic Management Command (MTMC). The STB will not release this type of information without MTMCs consent. 52 FR 12416, Apr. 16, 1987. Redesignated at 65 FR 37711, June 16, 2000, as amended at 67 FR 57534, Sept. 11, 2002 PART 1245CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE AND COMPENSA-TION
8、 Sec. 1245.1 Rules governing classification of em-ployees, service, and compensation. 1245.2 Reports of railroad employees, serv-ice and compensation. 1245.3 Employees; definition, service hours, and compensation. 1245.4 Forms required to be used. 1245.5 Classification of job titles. 1245.6 Cross re
9、ference to standard occupa-tional classification manual. AUTHORITY: 49 U.S.C. 721, 11145. SOURCE: 32 FR 20462, Dec. 20, 1967, unless otherwise noted. NOTE: The report forms prescribed by part 1245 are available upon request from the Of-fice of Economics, Environmental Analysis, and Administration, S
10、urface Transportation Board, Washington, DC 204230001. 1245.1 Rules governing classification of employees, service, and com-pensation. The rules governing the classifica-tion of railroad employees and reports of their service and compensation out-lined in 1245.3 and 1245.4 are required, and all Clas
11、s I railroads within the scope of Section 11145 of the Interstate Commerce Act shall be governed by such rules in the preparation and sub-mission of their annual and other peri-odic reports to the Surface Transpor-tation Board in accordance with the forms adopted for such returns (1245.2); and also
12、with respect to any other matters covered by these rules. 47 FR 53867, Nov. 30, 1982 1245.2 Reports of railroad employees, service and compensation. Beginning with the reporting period commencing January 1, 1983, and quar-terly thereafter until further ordered, each Class I railroad is required to f
13、ile a Quarterly Report of Railroad Em-ployees, Service, and Compensation, (Form QRSC). In addition, such car-riers shall also file an Annual Report of Railroad Employees, Service, and Com-pensation, (Form ARSC) for each cal-endar year. Both reports shall be filed with the Bureau of Accounts, Surface
14、 Transportation Board, Washington, DC 20423. The quarterly report shall be VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license f
15、rom IHS-,-,-192 49 CFR Ch. X (10110 Edition) 1245.3 filed within thirty days after the end of each calendar quarter. The annual re-port shall be filed within forty five days after the end of the reporting year. 47 FR 53867, Nov. 30, 1982 1245.3 Employees; definition, service hours, and compensation.
16、 (a) Definition of employees. The word employees, as used in this part, is intended to include every person in the service of the reporting carrier subject to its continuing authority to super-vise and direct the manner of rendition of his service. Persons engaged to render only specifically defined
17、 service and not subject to the continuing au-thority of the carrier to supervise and control their acts, such as custom-house brokers, lawyers retained only for specific cases and not under general or continuing retainer, etc., are not employees in the meaning of the term used in this part. (b) Cou
18、nting employees. Since the number of employees fluctuates, car-riers are required to classify and count all of their employees at twelve dif-ferent times each year. (c) Joint employees. Each person joint-ly employed shall, if carried on the payrolls of the several joint employers, be counted by each
19、 employer and rep-resented in its return of number of em-ployees by a fraction based on the number of employers reporting him; if a person, for example, is reportable by three employers, each should include him in its number of employees as one- third of an employee. When the entire compensation of
20、a joint employee is shown on the payroll of a single joint employer and is paid to the employee by that employer such employee should, for the purpose of returns, be treated as if employed solely by such employer. (d) Service hours. (1) The number of hours on duty, or held for duty, and the number o
21、f hours paid for are to be ascertained and recorded for every class of employee. For enginemen and trainmen, the actual number of miles run and miles paid for but not run are to be recorded, as well as the number of hours on duty and the number of hours paid for. (The service time of all class-es of
22、 employees shall be recorded in hours instead of days or hours as here-tofore.) (2) Whenever an employee works at more than one occupation, or in more than one class of service, both the number of hours worked and the com-pensation paid, should be separated and reported under the proper Reporting Di
23、visions. (3) If an employee is paid a days wage for a smaller number of hours than constitutes a days work, the number of hours paid for as well as the actual number of hours the employee is on duty should be ascertained and re-corded. Time allowed for meals, part holidays, holidays, absences on lea
24、ve, vacations, etc., should be excluded from time actually worked, but if such time is paid for it should be appro-priately reported as Time paid for but not worked on Form A or as a con-structive allowance on Form B. These requirements apply to enginemen and trainmen paid on the basis of trips or o
25、f miles run, and to employees paid at piece rates, as well as to employees paid on hourly, daily, weekly, monthly, or other time basis. Service hours for officers and employees who do not re-ceive payment for overtime should be reported as the number of hours in each month at 8 hours per day con-tem
26、plated for the position. (e) Compensation. The compensation of employees as defined in the rules in this part is to be stated in such manner and detail as the forms adopted for pe-riodical returns require. 1245.4 Forms required to be used. (a) The report of information to the Surface Transportation
27、Board on rail-road employees, service and compensa-tion includes two forms. Form A re-lates to employees other than train and engine service employees. Form B relates to train and engine service em-ployees. (b) With general reference to the statement of the compensation of em-ployees in Forms A and
28、B, it should be understood that the total compensa-tion received by the employees in each Reporting Division, as well as the amount of work they perform, should be shown properly distributed under the prescribed column heads as indi-cated by the forms. It should be noted VerDate Mar2010 08:56 Nov 10
29、, 2010 Jkt 220220 PO 00000 Frm 00202 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-193 Surface Transportation Board, DOT 1245.4 that if the work of an employee varies during
30、a report period, his time and compensation should be apportioned accordingly. Amounts reported should be gross compensation paid. Illustrations. (a) In the course of a month, an employee works as a Machinist, and as such earns $200 and he works also as a Gang Foreman and earns $130. The pay received
31、 by him in the occupation of Machinist with cor-responding time should be included in re-turns for Division 61, Machinists, and his other pay and time as indicated should be in-cluded in returns for Division 53, Gang Foremen and Gang Leaders. (b) When an employee works at two or more of the occu-pat
32、ions of engineer, fireman, conductor, and brakeman, his time and compensation should be assigned in accordance with the facts. For example, in a certain month an employee earns as a Through Freight Engineer $110, as a Local or Way Freight Engineer $140, as a Yard Engineer $100, and as a Local or Way
33、 Freight Fireman $75. The time and the com-pensation of this employee should be cor-respondingly distributed among Reporting Divisions 122, 123, 124, and 127 as they are re-spectively applicable, without regard to the predominance of the time worked or the amount earned by him in one occupation. (c)
34、 As elsewhere indicated, the state-ment of the number of employees in the service of a company with respect to Reporting Divisions depends upon the allocation of the individual em-ployees as of the day of count. (d) The Reporting Divisions shown in Forms A and B following will also be used in connec
35、tion with the employees schedule in the annual reports of rail-roads of classes I and II to the Board. Railroads of class III and lessor compa-nies shall report only the information required in the annual report forms prescribed for such companies. 32 FR 20462, Dec. 20, 1967, as amended at 47 FR 538
36、67, Nov. 30, 1982 VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00203 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-194 49 CFR Ch. X (10110 Edition) 1245.5 1245.
37、5 Classification of job titles. Number Classification Description Typical titles Relation to present classification 100 EXECUTIVES, OFFICIALS, AND STAFF ASSISTANTS 101 Executives and General Officers Chief executives, corporate de-partment heads and major subdepartment heads.President, Vice Presiden
38、t, Assistant Vice President, Controller, Treasurer, Director (head of subdepartment), General Super-intendent (subdepartment head), Chief Engineer, General Man-ager (department or subdepartment head).More precisely defined than present No. 1, limited to executive manage-ment positions; adds new titl
39、es. 102 Corporate Staff Managers Corporate executives and man-agers assisting department and subdepartment heads.Director (other than subdepartment head), Assistant Director, As-sistant General Manager (not regional), Manager, Assistant Manager, Assistant Chief Engineer, Purchasing Agent, Super-inte
40、ndent (not division), Assistant to (corporate executive or general officer), Executive Assistant (to corporate executive) Budget Officer.New classification, providng a specific assignment for staff managers; adds new title. 103 Regional and Division Officers, Assistants and Staff Assist-ants.Regiona
41、l managers and assist-ants below the executive man-agement level, and chief divi-sion officers.Assistant General Manager, Assistant Regional Manager, Gen-eral Superintendent, Assistant to General Manager, Division Superintendent, Master Mechanic, Division Sales Manager, District Sales Manager, Assis
42、tant Master Mechanic, District En-gineer, Assistant Superintendent, Captain of Police, Division Engineer, Manager of Materials, Safety Inspector, Real Estate Agent, Real Estate Supervisor, Tax Agent, Buyer, Assistant Buyer, Sales Agent, Assistant Sales Agent.Similar to present No. 2 but limited to r
43、egional and divisional management; adds new title. 104 Transportation Officers/Man-agers.Managers directly supervising train and yard operations.Train Master, Assistant Train Master, General Yardmaster, Gen-eral Road Foreman, Road Foreman, Assistant Road Foreman, Chief Power Supervisor (motive).New
44、classification providing specific as-signment for Operations Managers. 200 PROFESSIONAL AND ADMINISTRATIVE 201 Professionals (other than those reported in 101 and 102).Technical occupations requiring a high degree of training and/ or supervising subprofes-sionals and technicians.General Counsel, Ass
45、istant General Counsel, General Attorney, Assistant General Attorney, Attorney, Commerce Counsel, Chief Medical Officer, Medical Officer, Surgeon, Company Sur-geon, Engineer, Architect, Chief Chemist, Nurse, Tax Account-ant, Internal Auditor to General Accountant, Corporate Account-ant, Supervisor P
46、rograming, Senior Computer System Spe-cialist, Senior System Analyst.Corresponds to present STB No. 3, but limited to professionals; adds new ti-tles. 202 Subprofessionals Technical occupations requiring a high degree of knowledge and/or skill.Draftsman, Chemist, Assistant Chemist, X-ray Technician,
47、 Super-visor Estimating, Junior Engineer, Engineering Trainee, Photog-rapher, Computer Programmer, Computer Analyst, Market Ana-lyst, Pricing Analyst, Employment Supervisor, Research Analyst.Corresponds to present STB No. 3 but limited to subprofessionals; adds new titles. 203 Auditors, Traveling Au
48、ditors or Accountants.Title is descriptive . Traveling Auditor, Accounting Specialist Auditors, Operations Traveling Auditors, Station Auditors.Corresponds to present STB No. 13. 204 General and Administrative Su-pervisors.Supervisors responsible for ad-ministrative activity of a de-partment, subdep
49、artment, of-fice or region.General Supervisor, Supervisor, Chief Clerk, Office Supervisor, Supervisor Administration, Office Manager, Supervising Clerk, Head Clerk, Assistant Chief Clerk, Supervising Cashier, Divi-sion Supervisor, Regional Supervisor, Budget Supervisor, Ad-ministrative Supervisor, Administrative Assistant.Consolidation of present STB Nos. 4 and 5; adds new titles. VerDate Mar2010 08:56 Nov 10, 2010Jkt 220220PO 00000Frm 00204F
