Re: Per Diem


John Hile <john66h@...>
 

--- In STMFC@..., timboconnor@... wrote:

I believe the average "dwell time" for freight cars on the BRC in
the 1950's was over 24 hours. So does this mean they would owe
one day of per diem for each car, because that was their average
delay?
















Tim,

As I understand the rules, the BRC would only pay per diem for the
number of days in excess of the average number it took them to handle
cars. When the average method was used, there was a specific way it
was derived. Data from the same 10-day period of each month, over a
12-month period.

Also, in reviewing the Per Diem code of rules (Rule 5) it looks as
though the number of days of per diem a switching road could reclaim
was also negotiable. In other words, the average method above was one
way to do it...

Another way was for the roads involved to agree to settle based on the
actual amount of time required to switch cars for the period of the
month the reclaim is made, but not to exceed an agreed-upon maximum
number of days on any one car, and also (I believe - lots of commas in
those sentences) not to exceed the maximum of 5 days per car.

There are some exceptions for stock cars, certain empty moves, etc.,
so for more info, if you have an ORER, the Per Diem Rules, Switching
Reclaim Rules, and Short Line (less than 100 mile) Rules are in the
back. In the Jan. 1943 version they are pp 1028-1039, and the Jan.
1953 they are pp 755-770.

BTW, short lines could appeal for relief from paying all per diem
owed. They could get partial relief if the per diem amount was found
to be "excessive compared to remuneration received for services rendered."


John Hile
Blacksburg, VA

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