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 electricity.
  (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 agreement.
  (d) Subdivision (a) does not apply to the San Diego Metropolitan Transit Development Board or the North San Diego County Transit Development Board.
  (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 transit systems.

(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 three-year period.
  (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 train.

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.