Chapter 2. Operation Personnel of California Labor Code >> Division 5. >> Part 2. >> Chapter 2.
Notwithstanding Section 6800, the Public Utilities Commission
shall enforce the provisions of this chapter.
This Act shall be known and cited as the Railroad
Anti-Featherbedding Law of 1964.
It is the policy of the people of the State of California
that featherbedding practices in the railroad industry should be
eliminated and that national settlement of labor controversies
relating to the manning of trains should be made effective in
California. Accordingly the award of the Federal Arbitration Board
No. 282 appointed by President John F. Kennedy pursuant to
Congressional Public Law 88-108 of August 28, 1963, providing for the
elimination of excess firemen and brakemen on diesel powered freight
trains, or awards made pursuant thereto, shall be made effective in
this State. Said award was the culmination of the proceedings
originating with the Presidential Railroad Commission which was
appointed by President Dwight D. Eisenhower at the request of both
railroad labor and management and reported to President Kennedy on
February 26, 1962.
Nothing contained in the laws of this State or in any order of any
regulatory agency of this State shall prevent a common carrier by
railroad from manning its trains in accordance with said award, in
accordance with any federal legislation or awards pursuant thereto,
or in accordance with any agreement between a railroad company and
its employees or their representatives.
(a) No common carrier operating more than four trains each
way per day of 24 hours on any main track or branch line of railroad
within this state, or on any part of a main track or branch line,
shall run or permit to be run, on any part of a main track or branch
line, any passenger, mail, or express train on which there is not
employed at least one conductor, one brakeman, and the following:
(1) One engineer and one fireman for each diesel locomotive.
(2) One electric motorman for each train propelled or run by
(3) One motor or power control man for each train propelled by
motive power other than diesel or electricity.
(4) Two brakemen, where four or more cars, exclusive of railroad
officers' private cars, are hauled.
(5) One baggageman, except on a train upon which baggage is not
hauled, and on gasoline motorcars.
(b) This section does not apply to any diesel locomotive weighing
45 tons or less.
(c) Paragraph (4) of subdivision (a) does not apply where its
application would conflict with the terms of a collective bargaining
(d) Subdivision (a) does not apply to the San Diego Metropolitan
Transit Development Board or the North San Diego County Transit
(e) With respect to commuter train service provided by the San
Diego Metropolitan Transit Development Board or the North San Diego
County Transit Development Board, there shall be at least one
qualified crewmember inside a train car set during revenue service.
For the purpose of this subdivision, "revenue service" means service
during which passengers are carried or are scheduled to be carried.
(a) For purposes of this section, "revenue service" means
passenger train service during which passengers are carried or are
scheduled to be carried.
(b) For purposes of this section, "local agency" means any city,
county, special district, or other public entity in the state,
including a charter city or a charter county.
(c) Except as otherwise provided by subdivision (e) of Section
6901, during revenue service provided by a local agency, or by any
entity under contract with a local agency, there shall be in addition
to the train operator at least one qualified employee inside a train
car set of six or fewer coaches and at least two qualified employees
inside a train car set of seven or more coaches.
(d) (1) A request for proposal or request for bid to provide
revenue service issued by a local agency shall require compliance
with subdivision (c).
(2) A contract to provide revenue service awarded by a local
agency shall require compliance with subdivision (c).
(3) If a court of competent jurisdiction determines that an entity
receiving a request for proposal or request for bid from a local
agency for revenue service is exempt from the requirements of this
section, all other entities that received the same request for
proposal or request for bid shall also be exempt from the
requirements of this section in responding to that request for
proposal or request for bid.
(e) This section does not apply to heavy rail transit systems that
are owned or operated by a public entity, or to light rail public
(a) Effective February 1, 2016, a train or light engine used
in connection with the movement of freight shall not be operated
unless it has a crew consisting of at least two individuals.
(b) For purposes of this section, the term "train or light engine
used in connection with the movement of freight" shall not include
hostler service or utility employees.
(c) The Public Utilities Commission may assess civil penalties
against any person who willfully violates this section, according to
the following schedule:
(1) A civil penalty of two hundred fifty dollars ($250) to one
thousand dollars ($1,000) for the first violation.
(2) A civil penalty of one thousand dollars ($1,000) to five
thousand dollars ($5,000) for the second violation within a
(3) A civil penalty of five thousand dollars ($5,000) to ten
thousand dollars ($10,000) for the third violation and each
subsequent violation within a three-year period.
(d) The remedies available to the commission pursuant to this
section are nonexclusive and do not limit the remedies available
under all other laws or pursuant to contract.
Nothing in this chapter shall apply to a locomotive or
locomotives without cars, except that each locomotive shall have one
engineer and one fireman when being moved in train under steam,
unless the engine is disabled.
This chapter shall not apply to any relief or wrecking train
in any case where a number of employees sufficient to comply with
this chapter is not available for service on such relief or wrecking
No common carrier shall employ any person as:
(a) A locomotive engineer who has not had at least three years'
actual service as a locomotive fireman or one year's actual service
as a locomotive engineer.
(b) A conductor who has not had at least two years' actual service
as a railroad brakeman in road service on steam or electric railroad
other than street railway, or one year's actual service as a
railroad conductor in road service.
(c) A brakeman who has not passed the regular examination required
by transcontinental railroads.
Nothing in this chapter shall apply to the running or
operating of locomotives or motor power cars to and from trains at
terminals by hostlers or of steam locomotives or motive power cars to
and from engine houses or to the doing of work on steam locomotives
or motive power cars at shops or engine-houses.
Any violation of this chapter is a misdemeanor.
Nothing in this chapter shall apply to the operation of any
train by a common carrier during times of strikes or walkouts,
participated in by any of the employees mentioned in this chapter.
Nothing in this chapter shall apply to gasoline motor cars
operated exclusively on branch lines or to trains of less than three
cars propelled by electricity.