Description:
UTU April 27, 1973 AGREEMENT
DATED APRIL 27, 1973
between railroads represented by the
NATIONAL CARRIERS' CONFERENCE COMMITTEE
and
employees of such railroads represented by the
UNITED TRANSPORTATION UNION AGREEMENT
THIS AGREEMENT, made this 27th day of April, 1973, by and between
the participating carriers listed in Exhibit A, attached hereto and made a
part hereof, and represented by the National Carriers' Conference Committee,
and the employees of such carriers shown thereon and represented by the
United Transportation Union, witnesseth: IT IS HEREBY AGREED: ARTICLE I - GENERAL WAGE INCREASE Section 1 - Employees Other Than Dining Car Stewards and Yardmasters (a) Effective January 1, 1974, all standard basic daily and mileage
rates of pay of employees represented by the United Transportation Union
in effect on December 31, 1973 shall be increased by an amount equal to 4.0%. (b) In computing the increase for enginemen under paragraph (a)
above, 4.0% shall be applied to the standard basic daily rates of pay, and
4.0% shall be applied to the standard mileage rates of pay, respectively,
applicable in the following weight-on-drivers brackets, and the amounts so
produced shall be added to each standard basic daily or mileage rate of pay: Passenger - 600,000 and less than 650,000 pounds
Freight - 950,000 and less than 1,000,000 pounds
(through freight rates)
Yard Engineers - Less than 500,000 pounds
Yard Firemen - 250,000 and less than 300,000 pounds
(separate computations covering five-day
rates and other than five-day rates) (c) Application of Wage Increase (i) (a) In engine service, all arbitraries, miscellaneous
rates or special allowances, based upon mileage, hourly or daily rates of pay,
as provided in the schedules or wage agreements, shall be increased commensurately
with the wage increase provided for in this Article I. (b) In train and yard ground service, arbitraries,
miscellaneous rates or special allowances, including those expressed in terms
of miles, as provided in the schedules or wage agreements, shall be increased
under this Agreement in the same manner as heretofore increased under previous
wage agreements. (ii) In determining new hourly rates, fractions of a cent
will be disposed of by applying the next higher quarter of a cent. (iii) Daily earnings minima shall be increased by the amount
of the respective daily increases. (iv) Standard monthly rates and money monthly guarantees in
passenger train service shall be thirty times the new standard daily rates.
Other than standard monthly rates and money monthly guarantees shall be so
adjusted that differentials existing as of December 31, 1973 shall be preserved. (v) Existing monthly rates and money monthly guarantees
applicable in train service other than passenger will be increased in the
same proportion as the daily rate for the class of service involved is increased. (vi) Existing money differentials above existing standard
daily rates shall be maintained. (vii) In local freight service, the same differential in
excess of through freight rates shall be maintained. (viii) The differential of $4.00 per basic day in freight
and yard service, and 4¢ per mile for miles in excess of 100 in freight service,
will be maintained for engineers working without firemen on locomotives
on which under the former National Diesel Agreement of 1950 firemen would have
been required. (ix) In computing the increases in rates of pay effective
January 1, 1974 under Section 1 for firemen, conductors, brakemen and flagmen
employed in local freight service, or on road switchers, roustabout runs, mine
runs, or in other miscellaneous service, on runs of 100 miles or less which
are therefore paid on a daily basis without a mileage component, whose rates
had been increased by "an additional $.40" effective July 1, 1968, the 4.0%
increase shall be applied to daily rates in effect December 31, 1973 exclusive
of car scale additives, local freight differentials, and any other money
differential above existing standard daily rates. For firemen, the rates
applicable in the weight-on-drivers bracket 950,000 and less than 1,000,000
pounds shall be utilized in computing the amount of increase. The rates
produced by application of the standard local freight differentials and the
above-referred-to special increase of "an additional $.40" to standard basic
through freight rates of pay are set forth in Appendix 1. (x) Other than standard rates: (a) Existing basic daily and mileage rates of pay
other than standard shall be increased effective January 1, 1974 by 4.0%,
computed and applied in the same manner as the standard rates were determined. (b) The differential of $4.00 per basic day in freight
and yard service, and 4¢ per mile for miles in excess of 100 in freight service,
will be maintained for engineers working without firemen on locomotives
on which under the former National Diesel Agreement of 1950 would have required
firemen. (c) Daily rates of pay, other than standard, of firemen, conductors, brakemen and flagmen employed in local freight service, or
on road switchers, roustabout runs, mine runs, or in other miscellaneous service,
on runs of 100 miles or less which are therefore paid on a daily basis
without a mileage component, shall be increased by 4.0% effective January 1,
1974, computed and applied in the same manner as provided in paragraph (ix)
above. (d) The standard basic daily and mileage rates of pay produced
by application of the increases provided for in this Section 1 are set forth
in Appendix 1, which is a part of this Agreement. Section 2 - Dining Car Stewards and Yardmasters Effective January 1, 1974, all basic monthly rates of pay of dining
car stewards and yardmasters represented by the United Transportation
Union in effect on December 31, 1973 shall be increased by 4.0%. ARTICLE II - COST-FREE UNION DUES DEDUCTION AGREEMENT Within 60 days following request by the organization, each railroad
party to this Agreement and the organization signatory to this Agreement will
reach an understanding or agreement to modify their union dues deduction agreement
(or, if there is no dues deduction agreement, the parties on the individual
railroads will negotiate a union dues deduction agreement), effective with the
first calendar month following 60 days after the date of such agreement (unless
otherwise agreed to), which will conform to the following guidelines: 1. Deductions will be limited to periodic union dues, initiation
fees, and assessments (not including fines and penalties) which are uniformly
required as a condition of acquiring or retaining membership. 2. No costs will be charged against the organization or the
affected employees in connection with the dues deduction agreement. 3. Appropriate written assignment form executed by the individual
involved must be in the hands of the designated railroad officer at
least 30 days in advance of the first payroll deduction scheduled for that individual;
provided, however, that dues deduction assignments currently in effect
need not be reexecuted and may be continued in, effect subject to their terms
and conditions. 4. The dues deduction amounts may not be changed more often
than once every three months. 5. The parties to the dues deduction agreement will mutually
agree on the payroll period on which the deductions uniformly will be made. 6. The dues deduction agreement will include appropriate
priorities of deductions in cases where the individual's pay check is insufficient
to permit deduction of the full amounts specified on the deduction
lists. The following payroll deductions, as a minimum, will have priority
over the deductions called for by the dues deduction agreement:
Federal, State, and Municipal taxes; premiums
on any life insurance, hospital-surgical
insurance, group accident or health insurance,
or group annuities; other deductions required
by law, such as garnishments and attachments;
and amounts due the carrier by the individual. 7. In the event there is insufficient earnings to permit the
full amount of the union dues deduction, no deduction will be made. 8. The carrier will furnish uniform alphabetical deduction
lists (in triplicate) for each local unit each month. Such lists will include
the employee's name, Social Security number or pay roll identification
number, and the amount of union dues deducted from the pay of each employee.
Any committee now having a dues deduction agreement may retain
such agreement in its entirety unless and until the provisions of the introductory
paragraph of this Article II are implemented. ARTICLE III - GENERAL PROVISIONS Section I - Court Approval This Agreement is subject to approval of the courts with respect
to participating carriers in the hands of receivers or trustees. Section 2 - Effect of This Agreement (a) The purpose of this Agreement is to fix the general level
of compensation during the period of the Agreement and is in settlement of the
dispute growing out of notice served upon the carriers listed in Exhibit A by
the United Transportation Union (E-C-T-S) dated on or about January 4, 1973. (b) This Agreement shall be construed as a separate agreement
by and on behalf of each of said carriers and their employees represented
by the organization signatory hereto, and shall remain in effect through December
31, 1974 and thereafter until changed or modified in accordance with the
provisions of the Railway Labor Act, as amended. (c) The parties to this Agreement shall not serve nor progress
prior to July 1, 1974 (not to become effective before January 1, 1975)
any notice or proposal for changing any matter contained in: (1) this Agreement, (2) Section 2(c) of Article XV of the Agreement
of January 27, 1972, except that notices may be served
regarding vacations and holidays so long as they do not
relate to length of paid vacations in excess of the maximum
provided in the national agreement, or, number of
paid holidays in excess of the maximum provided in the
national agreement, (3) the list of items referred to the Standing
Committee by Article XIV of the Agreement of January 27,
1972, except as hereinafter provided in paragraph (d) of
this Section 2, or regarding, (4) Bereavement or funeral pay
and any pending notices \which propose such matters are hereby withdrawn. (d) The parties to this Agreement will continue in effect during
the term of this Agreement!: the Standing Committee established by Article
XIV of the Agreement of January 27, 1972, including the procedures worked out
by the parties. However, if either party signatory to this Agreement decides
that the Standing Committee procedure should no longer be continued, the carriers
or the union may serve national (but not local) Section 6 notices on the matters
enumerated in said Article XIV of the January 27, 1972 Agreement. (e) This Article will not debar management and committees on
individual railroads from agreeing upon any subject of mutual interest. ARTICLE IV - RAILROAD RETIREMENT AMENDMENTS CONTINGENCY This Agreement is contingent upon the enactment of legislation
accomplishing the purposes specified in Appendix 2 attached hereto and hereby
made a part hereof. SIGNED AT WASHINGTON, D. C. THIS 27th DAY OF APRIL, 1973. FOR THE PARTICIPATING CARRIERS LISTED IN EXHIBIT A:
FOR THE EMPLOYEES REPRESENTED BY THE UNITED TRANSPORTATION UNION: SIGNATURES OMITTED FOR THIS ELECTRONIC DOCUMENT APPENDIX 1
STANDARD BASIC DAILY AND MILEAGE RATES OF PAY CHARTS OMITTED FOR THIS ELECTRONIC DOCUMENT
DOWNLOAD ‘PDF’ FOR CHARTS A. Applicable to freight conductors and trainmen paid through freight rates who are without
a mileage component in their assignments and are therefore paid on a daily basis. Rates
produced by application of the special adjustment of $1.00 per day under Article I.
Section 7 of the January 27, 1972 Agreement to standard basic through freight rates of
pay. b. Applicable where local freight rates are paid to conductors and trainmen in local freight
service, or on road switchers. roustabout runs, mine runs. or in other miscellaneous service.
on runs of 100 miles or less which are therefore paid on a daily basis without a mileage
component. Rates produced by application of the standard local freight differential of 56c
per basic day for conductors and 43c per basic day for brakemen and flagmen, the special
increase of $ .40 per day under Article II, Section l(c) of the March 19, 1969 Agreement
and Article II(c) of the July 17, 1968 Agreement, and the special adjustment of $1.00 per
day under Article I, Section 7 of the January 27, 1972 Agreement, to standard basic through
freight rates of pay.
Appendix 2
Railroad Retirement Legislation
The carriers and the railway labor unions will jointly support
legislation which will accomplish the following: (a) The temporary benefit increases of 1970, 1971 and 1972
(P.L. 91-377, P.L. 92-46, and P. L. 92-460, respectively) scheduled to expire
June 30, 1973, will be extended through December 31, 1974. (b) A joint Standing Committee consisting of members representing
the railway labor unions and the carriers will be established to consider all
of the matters relating to restructuring the Railroad Retirement System, including
but not limited to such matters as financing the deficiencies, dual
Railroad Retirement and Social Security benefits, adoption of a two tier
system (i.e., a Social Security tier and a supplementary Railroad Retirement
tier), restructuring of the benefit formulas, consideration of any matters
considered by the Commission on Railroad Retirement, and any other subjects
which the parties may propose. The joint Standing Committee will report to
the Congress by July 1, 1974. If the joint Committee can not agree on a
joint report and recommendations, the railway labor unions and the carriers
will submit ex parte reports to the Congress by July 1, 1974. (c) The Railroad Retirement Tax Act to be amended to provide that
commencing October 1, 1973 the employers will assume the 4.75% of the employee
taxable compensation in excess of the 5.85% employee Social Security tax (a
maximum of $42.75 per employee per month in 1973, and a maximum of $47.50 per
employee per month in 1974.) (d) The Railroad Retirement Act to be amended to provide that
commencing July 1, 1974 employees with 30 years of service and attained age
of 60 may retire without actuarial reduction in their annuities. (e) If during the period July 1, 1973 through December 31, 1974
the Social Security Act is amended to provide for increased benefits, the
dollar amount of such benefit increases will be "passed through" to the
Railroad Retirement benefit structure effective on the same date or dates
the Social Security benefits are increased. (f) Except as specifically provided herein, neither the carriers
nor the railway labor unions will propose or support legislation seeking
changes in benefit levels or new types of benefits to become effective
prior to January 1, 1975. EXHIBIT A RAILROADS REPRESENTED BY THE NATIONAL CARRIERS I CONFERENCE COMMITTEE FOR THE
PURPOSE OF NEGOTIATING AN AGREEMENT ON PROPOSED LEGISLATIVE CHANGES IN THE
RAILROAD RETIREMENT ACT AND THE RAILROAD RETIREMENT TAX ACT WITH THE UNITED
TRANSPORTATION UNION; AND IN CONNECTION WITH NOTICES, DATED ON OR ABOUT
JANUARY 4, 1973, SERVED UPON VARIOUS RAILROADS BY THE GENERAL CHAIRMEN, OR
OTHER RECOGNIZED REPRESENTATIVES, OF THE UNITED TRANSPORTATION UNION (E),
(C), (T) AND (S), OF DESIRE TO REVISE AGREEMENTS TO THE EXTENT INDICATED IN
ATTACHMENT 1 THERETO. Subject to indicated footnotes, this authorization is coextensive
with notices filed and with provisions of current
schedule agreements applicable to employees represented by
the United Transportation Union (E), (C), (T) and/or (S), as
indicated by "x" inserted in the appropriate column (s) below: RAILROADS AND CRAFT NOTATIONS NOT REPRODUCED IN THIS ELECTRONIC DOCUMENT
DOWNLOAD ‘PDF’ FOR COMPLETE CHART
NATIONAL RAILWAY LABOR CONFERENCE
April 27, 1973
Mr. Al H. Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser:
Referring to Article I, Section l(c) (ix) of the Agreement
signed today: It is intended that in any case in which it may be determined,
under the procedures of Section 3 of the Railway Labor Act, that the daily
rate increase of "an additional $.40" which became effective July 1, 1968
under national ORC&B, BLF&E and BRI agreements) should apply to specified
types of road service in which standard rates of pay were in effect, such~
rates of pay will be increased, effective with the effective date of such
determination) in the same amount as if such rates had been increased under
Article I, Section l(c) (ix) of the Agreement signed today and the corresponding
provisions of the Agreement of January 27, 1972 and of the last
previous ORC&B, BLF&E and BRT agreements. In any such case in which other-than-standard rates of pay were
in effect, such rates will be increased, effective with the effective data
of such determination, in the same amount as if such rates had been increased
Under Article I, Section 1(c) (x) (c) of the Agreement: signed today and the
corresponding provisions of the Agreement of January 27 1972 and of the
last previous ORC&B, BLF&E and BRT agreements. Yours very truly,
/s/ William R. Dempsey
ACCEPTED:
/s/ Al H. Chesser President NATIONAL RAILWA Y LABOR CON FERENCE
April 27, 1973
Mr. Al H. Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser: This will confirm our understanding in connection with Article
II of the Agreement dated April 27, 1973, that deductions under that Article
may cover items such as life insurance, or similar items, which are standard
organizational deductions under established practice. Yours very truly,
/s/ William R. Dempsey
ACCEPTED:
/s/ Al H. Chesser President NATIONAL RAILWA Y LABOR CON FERENCE
April 27, 1973
Mr. Al H. Chesser, President
United Transportation Union
15401 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Chesser: This will confirm our understanding reached in current negotiations
that the moratorium provisions of the Agreement do not preclude the
serving of local notices to correct conditions with respect to suitable
lodging accommodations as provided in individual agreements; provided, however,
that no such local notices will be served for the purpose of changing
the amount of allowance being paid in lieu of lodging, nor the qualifying
conditions for eligibility for away from home expenses. Yours very truly,
/s/ William R. Dempsey
ACCEPTED:
/s/ Al H. Chesser President
| 
