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SB-426 Common carriers: trains: brakemen.(1989-1990)

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SB426:v96#DOCUMENT

Senate Bill No. 426
CHAPTER 392

An act to amend Section 6901 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 12, 1989. Approved by Governor  September 12, 1989. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 426, Alquist. Common carriers: trains: brakemen.
Existing law prohibits any common carrier operating more than 4 trains each way per day of 24 hours on any main railroad track or branch line in California from running any passenger, mail, or express train which is not manned by at least one conductor, one brakeman, and, among others, 2 brakemen where 4 or more cars are hauled.
This bill would provide that the requirement for the employment of 2 brakemen does not apply where its application would conflict with the terms of a collective bargaining agreement.
This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:


SECTION 1.

 Section 6901 of the Labor Code is amended to read:

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)  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 motor cars.
(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.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide for timely implementation of labor agreements relating to common carrier railway crew size to increase efficiency in recognition of the needs of modern technology, it is necessary that this act take effect immediately.