Section § 6900

Explanation

This law says that, even though another section (6800) might say something different, it's the Public Utilities Commission's job to make sure the rules in this chapter are followed.

Notwithstanding Section 6800, the Public Utilities Commission shall enforce the provisions of this chapter.

Section § 6900.1

Explanation

This law is officially called the Railroad Anti-Featherbedding Law of 1964.

This Act shall be known and cited as the Railroad Anti-Featherbedding Law of 1964.

Section § 6900.5

Explanation

This California law supports ending unnecessary job positions, known as featherbedding, in the railroad industry. It enforces a national agreement designed to reduce the number of unnecessary firemen and brakemen on diesel freight trains, echoing decisions made by a Federal Arbitration Board in 1963. The decision originated from a commission requested by both labor and management and appointed by Presidents Eisenhower and Kennedy. This law ensures that California follows national guidelines on train staffing, regardless of state regulations or orders.

Additionally, it permits railroads in California to handle their staffing based on this federal award, any related federal laws, or any agreements made directly with employee representatives.

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.

Section § 6901

Explanation

This law outlines the crew requirements for passenger, mail, or express trains in California that operate more than four times a day. Each train must have a conductor, a brakeman, and specific personnel depending on the type of locomotive or power used. Diesel locomotives require an engineer and a fireman, electric trains need a motorman, and other trains need a power control person. Additional brakemen and a baggageman are required under certain conditions.

Exceptions to these requirements include diesel locomotives weighing 45 tons or less, and certain conditions specified by collective bargaining agreements. The law also exempts certain transit boards in San Diego, which must have at least one qualified crewmember during passenger services.

(a)CA Labor Code § 6901(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)CA Labor Code § 6901(a)(1) One engineer and one fireman for each diesel locomotive.
(2)CA Labor Code § 6901(a)(2) One electric motorman for each train propelled or run by electricity.
(3)CA Labor Code § 6901(a)(3) One motor or power control man for each train propelled by motive power other than diesel or electricity.
(4)CA Labor Code § 6901(a)(4) Two brakemen, where four or more cars, exclusive of railroad officers’ private cars, are hauled.
(5)CA Labor Code § 6901(a)(5) One baggageman, except on a train upon which baggage is not hauled, and on gasoline motorcars.
(b)CA Labor Code § 6901(b) This section does not apply to any diesel locomotive weighing 45 tons or less.
(c)CA Labor Code § 6901(c) Paragraph (4) of subdivision (a) does not apply where its application would conflict with the terms of a collective bargaining agreement.
(d)CA Labor Code § 6901(d) Subdivision (a) does not apply to the San Diego Metropolitan Transit Development Board or the North San Diego County Transit Development Board.
(e)CA Labor Code § 6901(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.

Section § 6902

Explanation

This law pertains to passenger train services in California operated by or contracted with local agencies, such as cities or counties. When trains are in revenue service (meaning they carry or are set to carry passengers), there must be at least one qualified employee per train with up to six coaches, and two for trains with seven or more coaches, in addition to the train operator.

All proposals or contracts for providing such services must comply with this staffing requirement. However, if a court rules that an entity is exempt, then all entities in a similar bid become exempt too. Notably, this law does not apply to heavy or light rail transit systems operated by public entities.

(a)CA Labor Code § 6902(a) For purposes of this section, “revenue service” means passenger train service during which passengers are carried or are scheduled to be carried.
(b)CA Labor Code § 6902(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)CA Labor Code § 6902(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)Copy CA Labor Code § 6902(d)
(1)Copy CA Labor Code § 6902(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)CA Labor Code § 6902(d)(2) A contract to provide revenue service awarded by a local agency shall require compliance with subdivision (c).
(3)CA Labor Code § 6902(d)(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)CA Labor Code § 6902(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.

Section § 6903

Explanation

Starting from February 1, 2016, any train or light engine moving freight must have at least two crew members. This rule does not apply to hostler service or utility employees. The Public Utilities Commission can fine violators, with penalties ranging from $250 to $10,000, depending on the number of violations within three years. These penalties are additional to other legal or contractual remedies.

(a)CA Labor Code § 6903(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)CA Labor Code § 6903(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)CA Labor Code § 6903(c) The Public Utilities Commission may assess civil penalties against any person who willfully violates this section, according to the following schedule:
(1)CA Labor Code § 6903(c)(1) A civil penalty of two hundred fifty dollars ($250) to one thousand dollars ($1,000) for the first violation.
(2)CA Labor Code § 6903(c)(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)CA Labor Code § 6903(c)(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)CA Labor Code § 6903(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.

Section § 6904

Explanation

This law specifies that locomotives moving without cars are generally exempt from the rules in this chapter. However, if these locomotives are running under their own steam power as part of a train, they must have both an engineer and a fireman onboard, unless the engine is out of service due to damage.

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.

Section § 6905

Explanation

This law states that if there aren't enough employees available to staff a relief or wrecking train, then the requirements of this chapter don't apply. Essentially, they're allowing some flexibility if there's a shortage of workers.

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.

Section § 6906

Explanation

This section states that common carriers, like train companies, have specific hiring requirements for certain railroad jobs. They cannot hire locomotive engineers unless the person has at least three years as a locomotive fireman or one year as an engineer. Conductors must have at least two years as a brakeman or one year as a conductor. Brakemen must pass a specific examination required by transcontinental railroads.

No common carrier shall employ any person as:
(a)CA Labor Code § 6906(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)CA Labor Code § 6906(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)CA Labor Code § 6906(c) A brakeman who has not passed the regular examination required by transcontinental railroads.

Section § 6907

Explanation

This law doesn't apply to the moving of locomotives or power cars by hostlers at terminal areas, nor does it apply to moving them to and from engine houses or doing work on them at shops or engine houses.

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.

Section § 6908

Explanation

If you break any rules in this chapter, it counts as a minor crime known as a misdemeanor.

Any violation of this chapter is a misdemeanor.

Section § 6909

Explanation

This law states that the rules in this chapter don't apply to train operations by a common carrier if there's a strike or walkout happening involving the employees covered in this chapter.

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.

Section § 6910

Explanation

This law states that the rules in this chapter do not apply to gasoline motor cars used only on branch lines or to trains with fewer than three cars that are powered by electricity.

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.