Description:
AGREEMENT
Between the
UNION PACIFIC RAILROAD
And the
SMART - TRANSPORTATION DIVISION
(former C&NW Territory-Eastern l)
Temporary Operations Agreement
With the current service crisis related to the catastrophic flooding in the Midwest, the parties have
agreed to modify ROAD operations in the Eastern 1 Consolidated Seniority district on the territories
governed by the SMART Transportation General Committee 225 (former C&NW Lines). Accordingly it is
agreed the following will apply for thirty (30) days:
Article I: Pool and Extra Board Operations
A. Pool freight boards will operate on a first-in/first out basis. Placement on the board
will be determined by the tie-up time of the employee at the home and away from
home terminals.
B. For pool freight and extra boards, in the event an employee lays off, the turn/position
will be placed at the bottom of the board upon mark up.
1. For pool vacancies, if extra board is available, the turn will be run from the extra
board. It will become a made up turn upon the owner marking up and the turn coming
back to the bottom of the board.
2. In the event the extra board is exhausted at the time of the vacancy, the pool turn
will be dropped.
C. Crew Management Services (CMS) may make adjustments to pools and extra boards
as needed depending on the needs of service. CMS will make every effort to
communicate with the affected local chairmen regarding decisions to cut and add to
boards.
D. Rest periods & Holding turns
1. Employees who have completed either their fourth or fifth consecutive start
(subject to being counted as a start under RSIA, with less than 24 hours off
between such starts) while assigned to a pool or extra board and at his or her
home terminal will observe an off-duty period to permit a reset of consecutive
work periods pursuant to the federal regulations, but in no case will the off-duty
period be more or less than twenty-two (22) hours and one (l) minute for boards
with a two-hour call and twenty-two (22) hours and thirty-one (3l) minutes for
boards with a ninety (90) minute call. A trainman resetting his or her off duty
period as described above will not have their extra board and/or pool guarantee
reduced/offset, nor will such off duty period affect the qualification for payment of
a bonus day.
2. While observing this additional off' duty period the employee’s position (turn) on
the board continues to rotate in the customary manner and should it reach the
first out position it will be held pending the expiration of the employee’s off duty
period.
3. That which constitutes a single or continuous trip/tour of duty (or, "start’) under
the FRA interpretation of the Hours of Service Laws pursuant to the 2008 Rail
Safety Improvement Act (RSIA) will similarly constitute a single or continuous
trip/tour of duty under the terms of this Agreement.
E. It is not the intent of this Agreement for crews to be tied up away from home more
than one time in one tour of duty, except due to an 'Act of God” prohibiting getting
crews home.
Article II: Standing Bids, Displacements, Pass Ups
A. All jobs pursuant to this agreement will be assigned by standing bids to the senior
bidder with application on file. Trainmen will be required to electronically submit an
application to CMS designating bis/her first, second, third, etc., preference of
assignment(s).
1) Terminal of Assignment
2) Specific CMS Pool or Board and position
3) CMS ID of local, road switcher, or other assignment(s)
B. Except for newly established assignments, all other permanent vacancies that occur
shall be filled by the senior trainman with an application on file with CMS.
Example 1: A crew is added to an existing pool; the vacancy will be filled by
application.
Example 2; An extra board is increased; the senior employee with an application
on file will be assigned.
C. The vacancy will be promptly awarded to the senior applicant on file at the time the
vacancy becomes known.
D. Once an assignment is made pursuant to this agreement through the employee’s
application, the employee will not be allowed to rescind their application for that
assignment while this Agreement is in effect.
E. Newly established assignments will be advertised for a period of twenty-four (24)
hours.
Example 1: An assigned work train is added at a terminal. This new assignment
will be advertised for a period of 24 hours.
Example 2: A brakeman’s position is added to an existing conductor-only road
switcher. This new brakeman assignment will be advertised for a
period of 24 hours.
NOTE: Any trainman absent during the period of the bulletin will be allowed
before marking up the right to place on any assignment that was
awarded while he was absent seniority permitting.
F. If a position cannot be filled by application under this agreement, the most junior
employee at the location who is either in displaced status in excess of the 12-hour
bump period referenced in Section H or assigned to the protecting extra board, will be
assigned to the position.
G. Nothing in this Agreement prohibits road employees from bidding on yard jobs, nor
does anything prohibit yard employees from bidding on road jobs.
H. Displaced trainmen must exercise their seniority within twelve (12) hours of proper
notification by CMS of their being displaced, except where otherwise noted herein.
1. In the event an employee cannot be immediately contacted, proper notification will
be considered as having been accomplished eight (8) hours from the time CMS
calls all contact numbers listed in the employee’s personal file in CMTS, one time
each and leaving a message if possible and such attempts are so documented in the
employee’s work history, as well as CMS' placing an electronic message
concerning the change of assignment in the employee's CMTS screen or portal.
CMS actually speaking with or receiving a call back from the employee or the
employee's acknowledging receipt of the electronic advisement will not be
necessary to satisfy this requirement.
NOTE: Alternative electronic methods of contact (i.e. portal message, et.al.),
may be used in lieu of phone contact and considered as proper notification
pursuant to this paragraph. It is understood employees may accept
notification prior to the (eight) 8 hour period referred to above.
2. For employees displaced while on duty or at the away-from-home terminal, the
twelve (12) hour displacement period will begin at final tie-up/final release
without the need for phone notification by CMS.
3. For employees displaced while unavailable (e.g. compensated or uncompensated
layoffs, HOS rest periods, rest period extensions, vacation extensions, assigned
rest days, RSIA rest periods, company business, union business, etc.), the twelve
(l2) hour displacement period will begin upon completion of such unavailability
period. Nothing prohibits employees from accepting notification during such
unavailable period.
I. All rules allowing road employees to pass up or give up their assignments (including
any “Sadie Hawkins” provisions) will be suspended for the duration of this temporary
agreement.
Article III: Compensation/Lodging
A. An employee assigned to a pool or extra board (including combination extra boards
protecting yard service) who remains marked up and available for service during this
temporary agreement will receive the following additional compensation over and
above the guarantee after the completion ofthe 30-day duration ofthe agreement to
be paid within SO days of completion:
(1) $1500 ifhe or she has no layoffs while this Agreement is in effect, and
(2) $50 for each start, including deadheads or working trips. However, if called for
a deadhead with continuous service, only one $50 payment will be made for
that start.
NOTE 1: Pre-approved compensated leave days will still be honored and will not
count towards disqualification for the payment for staying marked up and
available; however, the payment in A (l) will be pro-rated for any days on
a pre-approved vacation or personal leave day.
NOTE 2: The parties agree that upon implementing this Agreement if an employee
goes into federally required rest (FR) because ofstarts accumulated prior
to the implementation, he or she will not be disqualified from earning the
$1500 payment described in A (l) above. His or her guarantee will not
be docked for the time spent in FR status if he or she marks up and
performs service following the FR event.
NOTE 3: An employee observing a week of scheduled vacation during the term of
this Agreement who otherwise does not lay off will qualify for the
payments described in A(l) and (2) above, however, the $1500 payment
will be pro-rated (i.e. employee will be eligible to receive $1150 payment
if on seven (7) days of vacation).
NOTE 4: Elected Local Chairman marking off union business (LU) will have their
$ 1500 payment reduced by a pro-rata day for any day marked-off, and the
mark-off will not count as an occurrence to disqualify the Local Chairman
for the pro-rata payment or the $50 payment per start.
NOTE 5: The amounts identified in A(l) and (2) will not be used for purposes of
calculating an employee’s l/52"<' rate for 2020 vacation purposes.
NOTE 6; Any employee who bids or is forced to a pool or extra board from a
position not otherwise qualifying for these payments will be eligible to
receive the payments described in A(l) and (2) above, however, the $1500
payment will be pro-rated based on the number of days he or she held a
pool or extra board position during the term ofthis Agreement.
Q: To qualify for the payments outlined in A (l) or (2), will an employee have to
remain marked up for the duration ofthe agreement to qualify?
A: Yes, except as outlined above concerning the treatment of scheduled vacation,
assuming a position during the term of the Agreement, or union business layoffs
for the local chairmen.
B. Any employee forced and/or chasing their seniority more than fifty (50) miles from
home will be entitled to lodging for the duration of this temporary agreement. This
applies to any employees already forced and/or chasing their seniority more than fifty
(50) miles away from home.
C. Employees held away from home will be paid continuous held away pay after being at
the away from home terminal for sixteen (16) hours until called on duty.
D. The meal allowance at the away from home terminal will be increased to $12.00. All
other conditions remain the same.
Article IV; Miscellaneous
A. The parties agree that this Agreement will not apply to METRA passenger service
employees or to yard employees in Eastern l.
B. It is understood no claims will be filed or progressed regarding the interpretation or
application of this temporary Agreement. During this period, should there be a
dispute, it will be handled promptly between the highest designated Labor Relations
Officer and the General Chairman.
C. The Carrier will make every effort to notify the Organization 48 to 72 hours ahead of
the return to normal business operations following the service crisis. After notification
to the Organization, CMS will send a broadcast message to all employees to allow
them to place standing bids on all assignments before return to normal business.
D. This temporary agreement will remain in effect for a period not to exceed thirty (30)
days from the effective date April 1, 2019 . This Agreement may be extended
beyond thirty (30) days by mutual consent between the parties.
Signed this 28th day of March 2019.
FOR THE ORGANIZATION: FOR THE CARRIER:
J. Kalbfell B.E. Wilderman
Chairman, SMART-TD 225 UPRR, Labor Relations
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