1978 NATIONAL AGREEMENT
| Description: Case No. A - 10222 THIS AGREEMENT, made this 25th day of August 1978 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 INCREASES Section 1 - First General wage Increase (a) Effective April 1, 1978, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on March 31, 1978 shall be increased by an amount equal to 3 percent. The amount of cost-of-living allowance which remained in effect after a portion of the allowance was incorporated into the basic rates pursuant to Article II, Section 1(d) of the Agreement of January 29, 1975 will not be included with basic rates in computing the amount of this increase. (b) In computing the increase for enginemen under paragraph (a) above, 3 percent shall be applied to the standard basic daily rates of pay, and 3 percent 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 (c) 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. (*) In implementation of the provisions of the Agreement entered into on this date, amending the Agreements of July 19, 1972 relating to Manning and Training, effective September 1, 1978, the rates of pay in the weight-on-drivers bracket 450,000 and less than 500,000 pounds, as increased under this Section 1, will be the minimum standard rates of pay for firemen in yard service. Section 2 - Second General wage Increase Effective October 1, 1978, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on September 30, 1978, shall be increased by an amount equal to 2 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The amount of cost-of-living allowance which remains in effect after a portion of the allowance was incorporated into basic rates pursuant to Article II, Section 1(f) hereof will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase are set forth in Appendix 2, which is a part of this Agreement. Section 3 - Third General Wage Increase Effective July 1, 1979, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on June 30, 1979, shall be increased by an amount equal to 4 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The amount of any cost-of-living allowance which may remain in effect after a portion of the allowance has been incorporated into basic rates pursuant to Article II, Section 1(f) hereof, will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase will be subsequently published. Section 4 - Fourth General Wage Increase Effective July 1, 1980, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on June 30, 1980 shall be increased by an amount equal to 5 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The amount of any cost-of-living allowance which may remain in effect after a portion of the allowance has been incorporated into basic rates pursuant to Article II, Section 1et) hereof, will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase will be subsequently published. Section 5 - Application of Wage Increases (a) (i) 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 vase increases provided for in this Article I. (ii) 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 agreement. (b) In determining new hourly rates, fractions of a cent will be disposed of by applying the next higher quarter of a cent. (c) Daily earnings minima shall be increased by the amount of the respective daily increase. (d) 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 March 31, 1978 shall be preserved. (e) 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. (f) Existing money differentials above existing standard daily rates shall be maintained. (g) In local freight service, the same differential in excess of through freight rates shall be maintained. (h) The differential of $4.00 per basic day in freight and yard service, and 4c 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. (i) In computing the increases in rates of pay effective April 1, 1978 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 3 percent increase shall be applied to daily rates in effect March 31, 1978, 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 same procedure shall be followed in computing the increases of 2 percent effective October 1, 1978, 4 percent effective July 1, 1979, and 5 percent effective July 1, 1980. 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 Appendices 1 and 2, which are a part of this Agreement, and Appendices which will be subsequently published. (j) Other than standard rates: (i) Existing basic daily and mileage rates of pay other than standard shall be increased, effective as of the effective dates specified in Sections 1 through 4 hereof, by the same respective percentages as set forth therein, computed and applied in the same manner as the standard rates were determined. (ii) The differential of $4.00 per basic day in freight and yard service, and 4c 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. (iii) Daily rates of pay, other than standard, of firemen, conductors, brakemen and flas-en 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 as of the effective dates specified in Sections 1 through 4 hereof, by the same respective percentages as set forth therein, computed and applied in the same manner as provided in paragraph (i) above. (k) Wage rates resulting from the increases provided for in Sections 1, 2, 3 and 4 of this Article I, and in Section 1(f) of Article II, will not be reduced under Article II. Section 6 - General Wage Increases for Dining Car Stewards and Yardmasters Effective April 1, 1978 all basic monthly rates of pay of dining car stewards and yardmasters represented by the United Transportation Union in effect on March 31, 1978 shall be increased by 3 percent. The amount of cost-of-living allowance which remained in effect after a portion of the allowance was incorporated into basic rates pursuant to Article II, Section 1(d) of the Agreement of January 29, 1975 will not be included with basic rates in computing the amount of this increase. The rates produced by such increase shall be further increased as follows: Effective October 1, 1978 2% Effective July 1, 1979 4% Effective July 1, 1980 5% Rates of pay resulting from the increases provided for in this Section 6, and Section 1et) of Article II, will not be reduced under Article II. ARTICLE II - COST-Of-LIVING ADJUSTMENT Section 1 - Amount and Effective Dates of Cost-of-Living Adjustments (a) A cost-of-living adjustment increase of 19 cents per hour, based upon the increase in the Consumer Price Index (old series) between March 1977 and September 1977, will be made effective as of January 1, 1978. The amount of such adjustment will be added to the cost-of-living allowance of 15 cents per hour which became effective December 31, 1977 resulting from incorporation into basic rates of 16 cents per hour effective that date, as provided in Article II, Section 1(d)(iii) of the 1975 General Wage Increase Agreement and the Letter of Understanding of September 6, 1977 as to the amount to be so incorporated. As result of such adjustment, the cost-of-living allowance effective January 1, 1978 will be 34 cents per hour. (b) A further cost-of-living adjustment increase of 19 cents per hour, based upon the increase in the Consumer Price Index between September 1977 (old series) and March 1978 (using the old series CPI for September-December 1977 and the new CPI-W identified in paragraph (c) below for January-March 1978), will be made effective as of July 1, 1978. The amount of such adjustment will be added to the cost-of-living allowance of 17 cents per hour which will become effective as of June 30, 1978 resulting from incorporation into basic rates of 17 cents per hour of the cost-of-living allowance effective that date, as provided in paragraph (f) (i) below. As result of such adjustment, the cost-of-living allowance effective July 1, 1978 will be 36 cents per hour. (c) The cost-of-living allowance resulting from the adjustments provided for in paragraphs (a) and (b) above will subsequently be adjusted, in the manner set forth in and subject to all the provisions of paragraphs (g) and (h) below, on the basis of the "Consumer Price Index for Urban Wage Earners and Clerical Workers (Revised series) (CPI-W)" (1967 - 100), U.S. Index, all items - unadjusted, as published by the Bureau of Labor Statistics, U. S. Department of Labor, and hereinafter referred to as the BLS Consumer Price Index. The first such cost-of living adjustment shall be made effective January 1, 1979, based (subject to paragraph (g) (i) below) on the BLS Consumer Price Index for September 1978 as compared with the index of 189.7 for March 1978. Such adjustment and further cost-of-living adjustments will be made effective the first day of each sixth month thereafter based on the change in the BLS Consumer Price Index during the respective measurement periods shown in the following table subject to the exception in paragraph (g)(ii) below, according to the formula set forth in paragraph (h) below: DOWNLOAD ‘PDF’ FOR CHART (d) While a cost-of-living allowance is in effect, such cost-of-living allowance will apply to straight-time, overtime, vacations, holidays and to special allowances and arbitraries in the same manner as basic wage adjustments have been applied in the past. (e) The amount of the cost-of-living allowance, if any, which will be effective fro. one adjustment date to the next may be equal to, or greater or less than, the cost-of-living allowance in effect in the preceding adjustment period. (f) (ii) If as of June 30 or December 31 of any year prior to the incorporation referred to in subparagraph (1) the amount of the cost-of-living allowance in effect should be an odd number of cents, the amount which will be rolled into basic rates of pay will be the number of whole cents next above 50% of the amount of the cost-of-living allowance then in effect, and the cost-of-living allowance will be reduced by that amount. (iii) The provisions of this paragraph (f) will have no effect on the amount of cost-of-living allowance in effect as of March 31, 1981. Disposition of that allowance or any portion thereof will remain for handling in connection with notices which my be served on or after January 1, 1981. (g) Cap. DOWNLOAD ‘PDF’ FOR CHART (ii) If the increase in the BLS Consumer Price Index from the base month of March 1978 to the measurement month of September 1978, or from the base month of March 1979 to the measurement .month of September 1979, exceeds 4% of the March base index, the measurement period which will be used for determining the cost-of-living adjusted to be effective the following July 1 will be the twelve-month period from such base month of March; the increase in the index which will be taken into account will be limited to that portion of increase which is in excess of 4% of such March base index, and the maximum increase in that portion of the index which may be taken into account will be 8% of such March base index less the 4% mentioned in the preceding clause, to which will be added any residual tenths of points which had been dropped under paragraph (h) below in calculation of the cost-of-living adjustment which will have become effective the January 1 during such measurement period. (iii) Any increase in the BLS Consumer Price Index from the base month of March 1978 to the measurement month of March 1979 in excess of 8% of the March 1978 base index, or from the base month of March 1979 to the measurement month of March 1980 in excess of 8% of the March 1979 base index, will not be taken into account in the determination of subsequent cost-of-living adjustments. (h) Formula. The number of points change in the BLS Consumer Price Index during a measurement period, as limited by paragraph (g) above, will be converted into cents on the basis of one cent equals 0.3 full points. (By "0.3 full points" it is intended that any remainder of 0.1 point or 0.2 point of change after the conversion will not be counted.) The cost-of-living allowance of 18 cents per hour which will become effective December 31, 1978 as result of application of paragraph (f) (i) will be adjusted (increased or decreased) effective January 1, 1979 by the whole number of cents produced by dividing by 0.3 the number of points (including tenths of points) change, as limited by paragraph (g) above, in the BLS Consumer Price Index during the measurement period from the base month of March 1978 to the measurement month of September 1978. Any residual tenths of a point resulting from such division will be dropped. The result of such division will be added to the amount of the allowance which will have become effective December 31, 1978 if the Consumer Price Index will have been higher at the end than at the beginning Of the measurement period, and subtracted therefrom only if the index will have been lower at the end than at the beginning of the measurement period. The same procedure will be followed in applying subsequent adjustments. (i) Continuance of the cost-of-living adjustments is dependent upon the availability of the official monthly BLS Consumer Price Index (CPI-W) calculated on the same basis as such Index, except that, if the Bureau of Labor Statistics, U. S. Department of Labor, should during the effective period of this Agreement revise or change the methods or basic data used in calculating the BLS Consumer Price Index in such a way as to affect the direct comparability of such revised or changed index with the CPI-W Index during a measurement period, then that Bureau shall be requested to furnish a conversion factor designed to adjust the newly revised index to the basis of the CPI-W Index during such measurement period. Section 2 - Application of Cost-of-Living Adjustments In application of the cost-of-living adjustments provided for by Section 1 of this Article II, the cost-of-living allowance will not become part of basic rates of pay except as provided in Section 1(f). Such allowance will be applied as follows: (a) For others than dining car stewards and yardmasters, each one cent per hour of cost-of-living allowance will be treated as an increase of 8 cents in the basic daily rates of pay produced by application of Sections 2, 3 and 4 of Article I and by Section 1(f) of this Article 11. The cost-of living allowance will otherwise be applied in keeping with the provisions of Section 5 of Article I. (b) For dining car stewards, each one cent per hour of cost-of living allowance will be treated as an increase of $1.80 in the monthly rates of pay produced by application of Section 6 of Article 1 and by Section 1(f) of this Article II. (c) For yardmasters, each one cent per hour of cost-of-living allowance will be treated as an increase of $2.00 in the monthly rates of pay produced by application of Section 6 of Article I and by Section 1(f) of this Article II. ARTICLE III – VACATIONS Insofar as applicable to employees represented by the United Transportation Union, the Vacation Agreement dated April 29, 1949, as amended, is further amended effective January 1, 1979, by substituting the following Section 1(c) and 1(d) for the corresponding provisions contained in Section 1 of Article III of the Agreement of January 27, 1972: (c) Effective January 1, 1979, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having nine or more years of continuous service with employing carrier will be qualified for an annual vacation of three weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said nine or more years of continuous service renders service of not less than fourteen hundred forty (1440) basic days in miles or hours paid for as provided in Individual schedules. Beginning with the effective date of the provisions of Article 3 of Agreement “A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not later than the year 1960, in the application of this Section 1 (c) each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days, in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (see NOTE below.) Beginning with the year 1960 on all other carriers, in the application of this Section 1(c) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications tor vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.) (d) Effective January 1, 1979, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having eighteen or more years of continuous service with employing carrier will be qualified for an annual vacation of four weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said eighteen or more years of continuous service renders service of not less than twenty-eight hundred eighty (2880) basic days in miles or hours paid for as provided in individual schedules. Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(d) each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE below.) Beginning with the year 1960 on all other carriers, in the application of this Section 1(d) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.) . (The NOTE referred to in Sections l(c) and 1(d) above reads as follows: "NOTE: - In the application of Section 1(a), (b), (c), (d) and (e), qualifying years ARTICLE IV - HEALTH AND WELFARE PART A. HEALTH AND WELFARE BENEFITS Section 1. Continuation of Plan. Section 2. Benefit Changes. a. Alcoholism Treatment. b. Ambulatory Surgical Centers. c. Second Surgical Opinion. d. Pre-Admission Testing. e. Surgical Expense Benefit. f. Hospital Miscellaneous Benefit. g. Out-Patient Expense Benefit, and Supplemental Out-Patient Medical Expense Benefit. h. Ambulance Benefit. i. Physician's Fee Benefit. (ii) The maximum amount payable for physicians’ office visits by an employee shall be increased from $6.00 to $10.00, and for home visits from $7.50 to $12.00, per visit limited as at present to one home or office visit per day and a maximum of 180 such visits in a 12-month period; no benefit payable for the first visit on account of injury or the first three visits on account of sickness. j. Major Medical Expense Limit Benefit. k. Living Tissue Donor Benefit. Section 3. Eligibility. Section 4. Restructuring. PART B. EARLY RETIREMENT MAJOR MEDICAL EXPENSE BENEFIT Section 1. Establishment and Effective Date. a. Employees Eligible: (ii) Disability. (b) An employee of a hospital association railroad who would have met the requirements of subparagraph (a) above in full if he had been an employee of a non-hospital association railroad, and who meets the requirements of subparagraph (c) below. (c) To be eligible as a disabled employee, an employee must, in addition to fulfilling the requirements of subparagraph (a) or subparagraph (b) above, - (1) solely because of his disability be prevented from working in his regular occupation; (2) be entitled to an annuity by reason of disability under the Railroad Retirement Act of 1974; however, he need not have filed application for disability annuity under the Railroad Retirement Act if he is receiving sickness benefits under the Railroad Unemployment Insurance Act, but when he is no longer receiving such sickness benefits if he does not apply for such disability annuity his eligibility under the Plan will terminate; (3) have had a current connection with the railroad industry on the date immediately prior to the date on which he became entitled to such disability annuity; and (4) have had by his eligibility date a total period, consisting of his railroad service prior to the onset of such disability plus the period of such disability itself, totaling not less than 30 years. b. Dependents Eligible: c. Scope of Coverage: (ii) Dependents of eligible employees of either hospital association or non-hospital association railroads. d. Duration of Coverage: (ii) Coverage for covered employees will terminate on the earlier of – (a) The date the employee becomes eligible for Medicare (even though his coverage may not yet have begun, e.g., if a disabled employee becomes eligible for Medicare before he becomes eligible under paragraph a.), or (b) The date the employee's Railroad Retirement annuity terminates. (iii) Coverage for all dependents of an employee will terminate on the earlier of – (a) The date the employee's coverage terminates for any cause other than (1) death or (2) eligibility for Medicare by reason of disability, or (b) If the employee predeceases dependent(s), or becomes eligible for Medicare by reason of disability, the date the employee would have become eligible for Medicare by reason of age if he had not died. (iv) Coverage for any dependent will terminate if such individual dependent, while covered, - (a) becomes eligible for Medicare, or (b) is no longer within the above-referred-to definition of dependent, or (c) is the widow or widower of a covered employee and remarries. Note: As used in this paragraph d. Duration of Coverage, "Medicare" means the full measure of benefits under the Health Insurance for The Aged and Disabled Program under Title XVIII of the Social Security Act, as amended and as it may be further amended, which are normally available to an individual at age 65 or on general disability. Benefits under the Plan will be so adjusted to avoid duplication between Plan benefits and any other Medicare benefits. e. Plan: (1) Elements: (a) Deductible: $100 per calendar year for each individual. (b) Coinsurance proportions: 80/20, except 65/35 for out-of-hospital Mental-nervous treatment. (e) Lifetime benefit limit: $50,000 for each individual. (ii) Benefits: Covered benefit will be benefits of the same categories as are covered major medical expense benefits under The Railroad Employees National Health and Welfare Plan. (iii) The same Coordination of Benefit. provisions as in Group Policy Contract GA-23000 will be included. Section 2. Administration. a. The railroads, which will be sole policyholder, will work out arrangements for the Plan to be administered and insurance thereunder to be provided by the same insurer as is handling those functions under The Railroad Employees National Health and Welfare Plan. b. The railroads will work out with the insurer detailed contract language setting forth the eligibility and benefit provisions. c. The insurer will furnish financial data, statistical and actuarial reports, and claim experience information to the organizations in the same detail and at the same time that it furnishes such data to the railroads. d. Any dividends or retroactive rate refunds or credits will be paid into a special fund or account held by the insurer or into a trust established in connection with the Plan. Withdrawals may be made from such fund, account or trust only to provide or finance benefits. Section 3. Employees of Hospital Association Railroads. *Including acceptance of the following obligation: If a hospital association having furnished the commitment referred to in Section 3 should subsequently withdraw such commitment, the employees involved will thereafter be provided their benefits under the national plan as provided in the second sentence of Section 3. If any special contribution to the national plan is required to cover any liability which the hospital association may have incurred during the period it covered the employees involved (and while it was receiving the contribution identified in the first sentence of Section 3), which liability the national plan assumes by reason of the employees' coverage being transferred from the hospital association to the national plan, such special contribution will be made by the hospital association. PART C. DENTAL BENEFITS Section 1. Continuation of Plan. Section 2. Benefit Changes. a. The maximum benefit (exclusive of any benefits for orthodontia) which may be paid with respect to a covered employee or dependent in any calendar year, including the calendar year 1978, will be increased from $500 to $750 for all expenses incurred on or after November 1, 1978. b. A limit of $100 will be placed on the amount of the deductible per calendar year, including the calendar year 1978, to be paid by all members of an employee's family, to apply as follows: (i) Any covered individual who has incurred and paid $50 of covered dental expenses in a calendar year has met the deductible with respect to himself. (ii) When a covered employee and/or anyone or more of his defined dependents have collectively incurred and paid $100 of covered dental expenses, counting not more than $50 with respect to any individual, in a calendar year, the deductible has been met with respect to such employee and all his defined dependents. c. Extended coverage will be provided for disabled, pregnant, furloughed and discharged or dismissed employees on exactly the same basis as under The Railroad Employees National Health and Welfare Plan. Section 3. Orthodontia. PART D. General. National Health Legislation. In the event that national health legislation should be enacted, benefits provided under The Railroad Employees National Health and Welfare Plan, The Early Retirement Major Medical Benefit Plan, and The Railroad Employees National Dental Plan with respect to a type of expense which is a covered expense under such legislation will be integrated so as to avoid duplication, and the parties will agree upon the disposition of any resulting savings. ARTICLE V - JURY DUTY Effective fifteen (15) days after the date at this Agreement, Article V of the January 27, 1972 Agreement is amended to read as follows: When an employee is summoned for jury duty and is required to lose time from his assignment as a result thereof, he shall be paid for actual time lost with a maximum of a basic day’s pay at the straight time rate at his position for each calendar day lost less the amount allowed him for jury service for each such day, excepting allowance paid by the court for meals, lodging or transportation, subject to the following qualification requirements and limitation: (1) An employee must furnish the carrier with a statement from the court of Jury allowances paid and the days on which jury duty was performed. (2) The number of days for which jury duty pay shall be paid is limited to a maximum of 60 days in any calendar year. (3) No jury duty pay will be allowed for any day as to which the employee is entitled to vacation or holiday pay. ARTICLE VI - EXPENSES AWAY FROM HOME Effective October 1, 1978, the meal allowance provided for in Article II, Section 2, of the June 25, 1964 National Agreement, as amended by Article XI, Section 2, of the January 27, 1972 National Agreement, is increased from $2.00 to $2.75. ARTICLE VII - APPLICATION FOR EMPLOYMENT Section 1 - Probationary Period Applications for employment will be rejected within sixty (60) calendar days after seniority date is established, or applicant shall be considered accepted. Applications rejected by the carrier must be declined in writing to the applicant. Section 2 - Omission or Falsification of Information An employee who has been accepted for employment in accordance with Section 1 will not be terminated or disciplined by the carrier for furnishing incorrect information in connection with an application for employment or for withholding information therefrom unless the information involved was of such a nature that the employee would not have been hired if the carrier had had timely knowledge of it. ARTICLE VIII - EMPLOYMENT OF FIREMEN Section 1. Subject to the provisions of Section 2 and the carriers' legal obligations, in the employment of firemen (helpers) employees represented by the United Transportation Union who have established seniority as conductor (foreman), brakeman (yardman-switchman), hostler or hostler helper (but without seniority as a locomotive fireman) will be considered for transfer to positions of locomotive firemen (helpers) in preference to hiring individuals who have not established seniority with the carrier in any class or craft. Section 2. Each carrier will establish a procedure which will (1) ensure that such employees have knowledge of fireman (helper) job opening and (2) provide an opportunity for them to apply for transfer to the fireman craft. In selecting an employee from among those making application for a fireman (helper) position, the carrier will take into consideration the relative seniority standing of the applicants and the carriers' physical and other employment standards. Section 3. An employee accepting transfer to a fireman (helper) position in accordance with this Article VIII shall retain his seniority standing and all other rights in train and/or yard or hostling service. However, such employee shall be permitted to exercise such rights only in the event he is unable to hold any position or assignment in engine service. NOTE: It is understood that employees accepting transfer to fireman between July 7, 1978 and the effective date of this Article will have their seniority preserved as of the effective date of such transfer. This Article VIII shall become effective thirty (30) days from the date of this Agreement unless within such time a General Committee of the organization elects to preserve an existing rule accomplishing the same essential purpose as this Article VIII by notifying a carrier in writing. ARTICLE IX - ENTRY RATES Section 1 Service First 12-Months Employees entering service on and after the effective date of this Article shall be paid as follows for all service performed within the first twelve (12) calendar months of service when working in a capacity other than conductor (foreman), footboard yardmaster, yardmaster, car retarder operator or engineer: (a) For the first twelve (12) calendar .months of employment, new employees shall be paid 90' of the applicable rates of pay (including COLA) for the class and craft in which service is rendered, exclusive of arbitraries and/or special allowances which shall be paid at the full amount. (b) Employees who have had an employment relationship with the carrier and are rehired will be paid at established rate after completion of a total of twelve (12) months' combined service. (c) Train service employees who transfer to the fireman craft will be paid at established rates after completion of a total of twelve (12) months' combined service, in both crafts. (d) Any calendar month in which an employee does not render compensated service due to voluntary absence, suspension, or dismissal shall not count toward completion of the twelve (12) month period. Section 2 - Preservation of Lower Rates Agreements which provide for training or entry rates that are lower than those provided for in Section 1 are preserved. If such agreements provide for payment at the lower rate for less than the first twelve (12) months of actual service, Section 1 of this Article will be applicable during any portion of that period in which such lower rate is not applicable. This Article shall become effective fifteen (15) days after the date of this Agreement except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representative on or before such effective date. ARTICLE X - ROAD-YARD MOVEMENTS Article IX, Section 1 of the Agreement of January 27, 1972 is amended to read as follows: Section 1 - Road freight crews may be required at any point where yard crews are employed to do any of the following as part of the road trip, paid for as such without any additional compensation and without penalty payments to yard crews, hostlers, etc: one straight pick up at another location in the initial terminal (in addition to picking up train) and or straight set out at another location in the final terminal (in addition to yarding the train); one straight pick up and/or set out at each intermediate point between terminals switch out defective oars from their own trains regardless of when discovered; handle engines to and from train to ready track and engine house including all units coupled to the operating unit (units); pick up and set out cars of their trains from or to the minimum number of tracks which could hold the cars provided, however, that where it is necessary to use two or more tracks to hold the train it is not required that any track be filled to capacity; and exchange engine of its own train. Nothing in this Section 1 is intended to impose restrictions with respect to any operation where restrictions did not exist prior to the date of this agreement. This Article shall become effective fifteen (15) days after the date of this Agreement. ARTICLE XI - COMBINATION ROAD-YARD SERVICE ZONES Section 1 - At points where yard crews are employed, combination road-yard service zones may be established within which yard crews may be used to perform specified service outside of switching limits under the following conditions: (a) Road-Yard Service Zones for industrial switching purposes are limited to a distance not to exceed ten (10) miles, or the entrance switch to the last industry, whichever is the lesser. The distances referred to herein are to be computed from the switching limits existing on the date of this agreement, except where the parties on individual properties may agree otherwise. (b) Within Road-Yard Service Zones, yard crews may be used only to meet customer service requirements for the delivery, switching, or pick up of cars which were not available or ready for handling by the road crew or crews normally performing the service or which are required to be expedited for movement into the yard before arrival of said road crew or crews. Yard crews may be used to perform such service without any additional Compensation and without penalty payments to road crews. NOTE: The use of yard crews in Road-Yard Service Zones is restricted to the specific service required or requested by the customer and they may not be used indiscriminately to perform any other additional work. (c) The use of yard crews in Road-Yard Service Zones established under this Article may not be used to reduce or eliminate road crew assignments working within such zones. (d) Nothing in this Section 1 is intended to impose restrictions with respect to any operation where restrictions did not exist prior to the date of this agreement. Section 2 - At points where yard crews are employed, combination road-yard service zones may be established within which yard crews may be used to perform specified service outside of switching limits under the following conditions: (a) Road-Yard Service Zones for purposes of this Section 2 are limited to a distance not to exceed fifteen (15) miles for the purpose of handling disabled trains or trains tied up under the Hours of Service Act. The distances referred to herein are to be computed from the switching limits existing on the date of this agreement, except where the parties on individual properties may agree otherwise (b) Within Road-Yard Service. Zones, yard crews may be used to handle disabled road trains or those tied up under the Hours of Service Act outside their final terminal without penalty to road crews. For such service yard crews shall be paid miles or hours, whichever is the greater, with a minimum of one (1) hour for the class of service performed (except where existing agreements require payment at yard rates) for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction therefrom. for the time consumed outside of switching, limits (c) Nothing in this Section 2 is intended to impose restrictions with respect to handling disabled road trains or those tied up under the Hours of Service Act beyond the 15 mile road-yard service zones, established under this section where restrictions did not exist prior to the date of this agreement. (d) This Section 2 shall became effective unless a carrier elects to preserve existing rules or practices by notifying the authorized employee representatives within fifteen (15) days after the date of this agreement. Section 3 – Time consumed by yard crews in Road-Yard Service Zones established under this Article will not be subject to equalization as between road and yard service crews and/or employees. This Article shall became effective fifteen (15) days after the date of this Agreement ARTICLE XII - BEREAVEMENT LEAVE Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee's brother, sister, parent, child, spouse or spouse's parent. In such cases a minimum basic day's pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employees involved This Article shall become effective fifteen (15) days after the date of this Agreement. ARTICLE XIII - OFF-TRACK VEHICLE ACCIDENT BENEFITS Article XI(b) of the July 17, 1968 Brotherhood of Railroad Trainmen Agreement, Article IX(b) of the July 29, 1968 Switchmen’s Union of North America Agreement, Article IX(b) of the September 14, 1968 Brotherhood of Locomotive Firemen and Enginemen Agreement, Article V(b) of the March 19, 1969 United Transportation Union (C) Agreement and Article V(b) of the April 15, 1969 United Transportation Union (E) Agreement are hereby amended to read as follows: (b) Payments to be Made: In the event that anyone of the losses enumerated in subparagraphs (1), (2) and (3) below results from an injury sustained directly from an accident covered in paragraph (a) and independently of all other causes and such loss occurs or commences within the .time limits set forth in subparagraphs (1), (2) and (3) below, the carrier will provide, subject to the terms and conditions herein contained, and less any amounts payable under Group Policy Contract GA-23000 of The Travelers Insurance Company or any other .medical or insurance policy or plan paid for in its entirety by the carrier, the following benefits: (1 ) Accidental Death or Dismemberment The carrier will provide for loss of Life or dismemberment occurring within 120 days after date of an accident Covered in paragraph (a): Loss of Life $150,000 "Loss” shall mean, with regard to hands and feet, dismemberment by severance through or above wrist or ankle joints; with regard to eyes, entire and irrecoverable loss of sight. Mo more than $150,000 will be paid under this paragraph to anyone employee or his personal representative as a result of any one accident. (2) Medical and Hospital Care The carrier will provide payment for the actual expense of medical and hospital care commencing within 120 days after an accident covered under paragraph (a) of injuries incurred as a result of such accident, subject to limitation of $3,000 for any employee for anyone accident, less any amounts payable under Group Policy Contract GA-23000 of The Traveler& Insurance Company or under any other medical or insurance policy or plan paid for in its entirety by the carrier. ( 3) Time Loss The carrier will provide an employee who is injured as a result of an accident covered under paragraph (a) hereof and who is unable to work as a result thereof Commencing within 30 days after such accident 80% of the employee's basic full-time weekly compensation from the carrier for time actually lost, subject to a maximum payment of $150.00 per week for time lost during a period of 156 continuous weeks following such accident provided, however, that such weekly payment shall be reduced by such amounts as the employee is entitled to receive as sickness benefits under provisions of the Railroad Unemployment Insurance Act. (4) Aggregate Limit The aggregate amount of payments to be made hereunder is limited to $1,000,000 for any one accident and the carrier shall not be liable for an, amount in excess of $1,000,000 for anyone accident irrespective of the number of injuries or deaths which occur in or as a result of such accident. It the aggregate amount of payments otherwise payable hereunder exceeds the aggregate limit herein provided, the carrier shall not be required to pay as respects each separate employee a greater proportion of such payments than the aggregate limit set forth herein bears to the aggregate amount of all such payments. this Article willbecame effective 90 days after the date of this Agreement ARTICLE XIV – ARTICLE XV - Within sixty (60) days of the date of this agreement, a committee, consisting of two partisan members representing the carriers and two partisan members representing the United Transportation Union, will be established for the purpose of continuing study and formulation of standard discipline rules and procedures. The signatories to this agreement will urge that the Committee's recommendations be adopted by the railroads parties hereto. ARTICLE XVI - GENERAL PROVISIONS Section 1 - 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 the notices served upon the carriers listed in Exhibit A by the Organization signatory hereto., dated on or about January 3, 1977 and July 19, 1977 (wage and rules); February 15, 1977 and August 1, 1977 (health and welfare and dental), and proposals served on June 13, 1977 by the carriers for concurrent handling therewith. (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 March 31, 1981 and thereafter until changed or modified in accordance with the provisions of the Railway Labor Act, as amended. (c) Except as provided by paragraph (d) of this Section 2, the parties to this Agreement shall not serve nor progress prior to January 1, 1981 (not to become effective before April 1, 1981) any notice or proposal for changing any matter contained in: (1) this Agreement, and any pending notices which propose such matters are hereby withdrawn. (d) Pending notices properly served under the Railway Labor Act covering subject matters not specifically dealt with in Section 2(c) of this Article XVI and which do not request compensation need not be withdrawn and may be progressed under the provisions of the Railway Labor Act, as amended. Similarly, new proposals properly served under the Railway Labor Act covering Subject matters not specifically dealt with in Section 2(c) of this Article XVI and which do not require Compensation may be served and processed under the provisions of the Railway Labor Act, as amended. (e) This Article will not bar management and committees on individual Railroads from agreeing upon any subject of mutual interest. SIGNED AT WASHINGTON, D.C. THIS 25th DAY OF AUGUST, 1978 DOWNLOAD 'PDF' FOR SIGNATURES
INDEX TO RATE TABLES UTU DOWNLOAD ‘PDF’ FOR RATE CHARTS
NATIONAL RAILWAY LABOR CONFERENCE This concerns your notices identified as Held-Away-From- Home Terminal and Assigned Freight Service served during 1977 and withdrawn as part of this Agreement. In recognition of your organization’s continuing intent to correct those situations where in your view employees represented by UTU are held at their away from home terminal for inadequate reasons, the National Carriers’ Conference Committee is prepared to confer with you on any such matter that is not resolved on a local basis and to use its best efforts to find a mutually satisfactory resolution. Will you please indicate your concurrence by affixing your signature in the space provided below. Yours very truly,
NATIONAL RAILWAY LABOR CONFERENCE This will confirm our understanding reached in current negotiations that the moratoria 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 or lodging, nor the qualifying conditions for eligibility for away from home expenses. Will you please indicate your concurrence by affixing your signature in the space provided below. Yours very truly,
NATIONAL RAILWAY LABOR CONFERENCE This is to confirm our understanding that Item G of the Notice served by railroads generally on or about June 13, 1977 for concurrent handling with the organization's proposals served at various times during 1977 (comprising NMB Case A-10222) is hereby withdrawn and that such Item G shall be considered as not having been served. Will you please indicate your concurrence by affixing Your signature in the space provided below. Yours very truly,
NATIONAL RAILWAY LABOR CONFERENCE This is to confirm our understanding that as used in Article XV, Section 2(c) of the Agreement of January 27, 1972 and incorporated by reference in Article XVI of the August 25, 1978 Agreement, the word "mergers" contained in the phrase "Employee protection except future mergers, consolidations or coordinations" shall be construed to include acquisitions. Will you please indicate your concurrence by affixing your signature in the space provided below. Yours very truly,
NATIONAL RAILWAY LABOR CONFERENCE In accordance with our understanding, this is to confirm that the carriers will make all reasonable efforts to make the retroactive increase payments provided for in the Agreement signed today as soon as possible If a carrier finds it impossible to make the retroactivity payments within sixty days, it is understood that such carrier will notify you in writing as to why such payments have not been made and indicate when it will be possible to make such retroactive Yours very truly,
NATIONAL RAILWAY LABOR CONFERENCE This refers to my letter advising that the National Carriers' Conference Committee has remanded the crew consist notice, identified as item B of the notice served on your organization on June 13, 1977, to the railroads represented by the Committee for further handling on an individual railroad basis. It is agreed that such notices shall be excluded from the moratorium provision of the August 25, 1978 Agreement and that the UTUshall not be prohibited from handling concurrently proposals concerning the sharing in any savings that may result from agreements to reduce crew consists and the subject of personal leave or employees represented by the UTU. It is further agreed that as part of these local negotiations, the carriers will also be free to pursue proposals eliminating requirements for filling vacancies arising in instances where employees are on authorized absences. Will you please indicate your concurrence by affixing Your signature in the space provided below. Yours very truly,
Rate tables incorporating cost-of-living adjustments and general wage increases effective January 1, 1978, April 1, 1978, July 1, 1978 and October 1, 1978, provided for in the National Agreement dated August 2S, 1978 covering employees represented by the United Transportation Union. The rate tables effective January 1, 1978 include the cost-of-living adjustment of 19 cents per hour provided for in Article II Section 1(a). The rate tables effective April 1, 1978 include the 3% general increase provided for in Article I, Section 1(a) as well as the 19 cent cost-of living adjustment. The rate tables effective July 1, 1978 adjust the rate tables effective April 1 by eliminating therefrom the 17 cents "rolled into" basic rates and adding the cost-of-living adjustment of 19 cents per hour provided for in Article II, Sections 1(f) and 1 (b) , respectively. The rate tables effective October 1, 1978 include the 2% general increase provided for in Article I, Section 2, as well as the 19 cents cost-of-living adjustment. DOWNLOAD ‘PDF’ FOR RATE CHARTS
UNITED TRANSPORTATION UNION I am enclosing herewith the Second Edition of the agreed to Questions and Answers on various rules and provisions of the August 25, 1978 National Agreement. This Second Edition includes all Questions and Answers as agreed upon through September 26, 1983. New Questions and Answers not previously issued are as follows: Article X - Road-Yard Movements Article XI - Combination Road-Yard Service Zones Additional Questions and Answers will be furnished as they become available. Fraternally yours,
UNITED TRANSPORTATION UNION QUESTIONS AND ANSWERS (SECOND EDITION) UNITED TRANSPORTATION UNION Certain rules of the UTU Agreement of August 25, 1978, and the BLE Agreement of July 26, 1978, are identical and in such cases the Questions and Answers contained herein are fully applicable to both Agreements.
ARTICLE IV (UTU) PART B. EARLY RETIREMENT MAJOR MEDICAL BENEFIT PLAN Q-1: Due to lack of information being provided, some eligible employees have been required to temporarily enroll in GA-23111 until at such time as his eligibility is determined or certified. Under these conditions, is the employee or the carrier required to pay the premium for coverage under GA-23111? A-1: Steps have been taken to minimize any occasion for this in the future. Anyone enrolling under GA-23111 does so at his own expense - but see answer to 2. Q-2: Will an employee retired from service, fully qualified for the Early Retirement plan, who may have enrolled under Travelers GA-23111 and who may have had a claim under such policy, be reimbursed for premiums paid under GA-23111 and have his claim payment readjusted? A-2: It is understood that Travelers has extended assurance to individual employees and retired employees who have inquired as to their status that if they arrange for coverage under Group Policy GA-23111 and turn out to be covered by the Early Retirement Major Medical Benefit Plan, their premiums under GA-23111 will be refunded to them; that the premium refunds would be made from funds in connection with GA-23111 and not from funds under the Early Retirement Major Medical Benefit Plan; and if claims should have been incurred, appropriate "corrective measures will be taken so that the claims will be recomputed under and charged to GA-46000 and GA-23111 will be relieved thereof. NOTE: GA-46000 is the Policy Contract No. for the coverage provided under Article IV, Part B. Q-3: Under the circumstances cited in Question 1, what would be the status of an employee who did not, for reasons beyond his control, enroll in GA-23111 for the interim period? A-3: His failure to enroll under GA-23111 will not affect his eligibility for coverage under the Early Retirement Major Medical Benefit Plan or his benefits under that Plan. Q-4: Under Question 3, if the employee is required to pay the premium will he or she be reimbursed once eligibility has been certified? If so, by whom? A-4: See answer to Question 2. Q-5: Under the conditions cited in Question 3, what would be the status of the employee where it is later determined he is not eligible for coverage under GA-46000? A-5: He is without coverage - during the entire period since his GA-23000 coverage ceased.
PART B. EARLY RETIREMENT MAJOR MEDICAL BENEFIT PLAN Q-1: As I understand, the agreement, among other things, provides that an early retiree must be 61 years of age on or after July 1, 1978 in order to qualify for benefits. If the man retires at age 60, no disability being involved, and is qualified in every other way, can he pick up his benefits when he attains age 61? A-1: No. Q-2: What is the scope of the term "was covered for employee or dependent health benefits under the Railroad Employees National Health and Welfare Plan"? A-2: It means - an employee who was covered by GA-23000 as an employee in active service, i.e., who had last worked or received vacation pay in a covered capacity not earlier than the preceding month and had since retired and not otherwise severed his employment relationship; he could have been an employee of a non-hospital association railroad in which case he would have been covered for employee and dependent health benefits, or an employee of a hospital association railroad in which case he would have been covered for only dependent health benefits. Q-3: What is the purpose of requirement that employee or dependent must have had prior coverage under the Railroad Employees National Health and Welfare Plan? A-3: Q-4: Is provision made for employees of railroads not party to the Railroad Employees National Health and Welfare Plan to participate (on a craft basis or other delineated group) in the early retirement health program? A-4: No. Q-5: Would an employee over age 61 and covered under GA-23000 with 29 years of service (354 months) and thereby eligible for a retirement annuity under the 60/30 provisions of the Railroad Retirement Act, be considered eligible for the retiree health coverage? A-5: Yes, if he fulfills other coverage requirements (applies for Railroad Retirement annuity after July 1, 1978, and has a current connection and is covered by GA-23000 the day before such application). However, his benefits will not become effective before August 1, 1978.
PART B. EARLY RETIREMENT MAJOR MEDICAL BENEFIT PLAN Q-1: If an employee is awarded a disability annuity at age 59 and qualifies in every other way (30 years - actual service plus post-service disability, current connection, etc.), is he covered when he attains 61 years of age? A-1: Yes, provided he Q-2: Is it contemplated an employee under the major medical coverage only of the extended benefits provisions of GA-23000 (and meeting age and service requirements) is considered as eligible for the retiree coverage? A-2: Yes. Q-3: Is an employee eligible for coverage under GA-46000 under the following set of circumstances: A-3: Yes.
PART B. EARLY RETIREMENT MAJOR MEDICAL BENEFIT PLAN Q-1: In either of the cases cited in Question No. 1, under Section 1.a.(i), Age Retirements or Question No. 1, under Section 1.a.(ii), Disability Retirements, does a dependent receive any coverage? A-1: A dependent may be covered only if retired employee upon whom the dependent is dependent is eligible for coverage. Q-2: In the case of an employee under the major medical extended coverage as in Question No. 2, under Section 1.a.(ii), Disability Retirements, who becomes age 61 while so covered and whose spouse’s coverage under GA-23000 had ceased, will his spouse become eligible as a dependent when he becomes eligible? A-2: The employee becomes eligible at age 61 (but not before August 1, 1978) if he then meets all other requirements, and his spouse becomes covered in the situation outlined at the same time. The employee himself will not be covered until his own GA-23000 coverage ceases.
PART B. EARLY RETIREMENT MAJOR MEDICAL BENEFIT PLAN Q-1: Will provisions be made that when coverage under this plan terminates for the employee, or dependents, they will be eligible to enroll for coverage under Travelers Policy Contract GA-23111? A-1: It is understood that the labor organizations, which are the sole policyholders of Group Policy GA-23111, plan to arrange for eligibility for coverage under that group policy on the basis of immediately prior coverage under Group Policy GA-46000. Q-2: Should this paragraph be interpreted as though it included the additional words "or become disabled": A-2: Yes. Q-3: Under what conditions will coverage for a non-disabled spouse of a deceased employee cease? A-3: Coverage for the spouse of a deceased employee will cease on the earliest of any of the following dates:
PART B. EARLY RETIREMENT MAJOR MEDICAL BENEFIT PLAN Q-1: On the date a retired employee attains 65 years of age and his coverage and that of his dependents terminates, his wife (age 63) is subject to a temporarily disabling condition. Will her benefits be cut off as of the date of termination of coverage? A-1: No. Provision will be made for extension of benefits in relation to that condition only, after coverage ceases, in such cases while the dependent continues disabled, but not beyond the end of the next calendar year after coverage ceased.
PART B. EARLY RETIREMENT MAJOR MEDICAL BENEFIT PLAN Q-1: What procedure is to be followed by an employee to obtain certification of his eligibility and when? A-1: A procedure will be established, including necessary forms, for informing an employee before retirement as to eligibility. Any claims should be filed with the nearest Travelers claim office. Q-2: What arrangements have been made by individual railroads for determining employee eligibility? A-2: See Answer to Question 1, above. Q-3: Will the employee be notified as to the type and scope of coverage? If so, when and how? A-3: See Answers to Questions 1, above and 4, below. Q-4: How are certifications as to eligibility, 1.0. cards, descriptive booklets, etc., to be handled? A-4: As soon as the final group policy language is settled, employee information and certification booklets will be prepared and certification forms, identification cards if they are decided upon, and other necessary information will be prepared and distributed. It is understood that in general the material would follow along the same lines as GA-23000. Distribution arrangements would necessarily have to be adapted to the retired employee program and geared to those who are Q-5: Must an employee terminate his coverage under GA-23000 and enroll under the retiree plan in order to cover his spouse? A-5: No enrollment is necessary for either the retired employee or his dependents. Coverage is automatic, if qualifying requirements are met, after GA-23000 coverage runs out.
PART B. EARLY RETIREMENT MAJOR MEDICAL BENEFIT PLAN Q-1: Does the commitment ". . . to provide benefits similar to those provided by the plan ...” mean without additional cost to the individual employees? A-1: Yes. Q-2: The last sentence of this Section states, (1) that where an employee did not belong to the hospital association, or left it after retirement, and the hospital association participates in the national plan, the employee will not now be eligible for coverage; and, (2) where an employee who belongs to the hospital association but the hospital association does not participate, the employee may not opt for hospital association coverage. In (2) above, is it to be understood that an employee belonging to a hospital association may not forego the Early Retirement Plan entirely in order to participate in such plan as the hospital association may now have for retirees at their own expense and will have the ultimate effect of phasing out retiree coverage by such hospital associations? A-2: An employee of a railroad, which for purposes of the Railroad Employees National Health and Welfare Plan is a hospital association railroad, but on which the hospital association elects not to furnish the commitment referred to in Section 3 of Article IV, Part B, will automatically be covered by the Early Retirement Major Medical Benefit Plan on the national basis. He cannot get benefits from the hospital association at railroad cost by declining benefits under the National Plan. If he chooses to purchase at his own expense benefits from the hospital association through payment of dues or otherwise, that is not prohibited by anything in the Early Retirement Major Medical Benefit Plan except as it might be prohibited by something in the hospital association's own arrangements. Q-3: Will an employee as in (1) above who did not belong to the hospital association and the hospital association does not participate in (2) above, be eligible for the coverage which will be provided through Travelers? A-3: No, because he neither belonged to a hospital association nor was covered under GA-23000.
PART C. DENTAL BENEFITS Q-1: Would an employee and dependents covered by virtue of the extended benefits provisions of GA-23000 who would not be covered for dental plan benefits because of their being no extended benefits, become eligible for dental benefits on November 1, 1978? A-1: No. Such provisions are intended to apply to employees who because of disability did not work, or were placed on furlough, or were suspended or dismissed from employment, or who due to pregnancy which commenced while insured under the Dental Plan cease to render service, on or after November 1, 1978 (or such later date as the Dental Plan liberalizations became or become effective for his employee group). Q-2: Would an Employee who last performed service or received vacation pay in October, 1978, and thereby had coverage through November be entitled to the extension of benefits provisions which first became effective November 1, 1978? A-2: If the employee last performed service or received vacation pay in October 1978, and became disabled, whether in October or November, 1978, and solely because of that disability did not work in November, he would be covered. If after having last performed service or received vacation pay in October, 1978, he was placed on furlough, or suspended or dismissed from employment in October, he would not be covered; but if the furlough, suspension or dismissal occurred in November, 1978, he would be covered. See Answer to Question 1, above as to pregnancy absences. Q-3: If extended coverage is to be provided as under the National Health and Welfare Plan, will the employee have coverage during the yearly period as under the major medical only coverage period under the National Health and Welfare Plan, and to what extent of coverage? A-3: Disability coverage under the National Dental Plan will extend only until the end of the calendar year following the year in which the disabled employee last worked or received vacation pay. The Dental Plan provides nothing to correspond with the major medical expense benefits provisions of the Health and Welfare Plan, and consequently the additional year of extended benefit coverage is not a factor in connection with the Dental Plan.
Section 1 - Probationary Period Q-1: Is the carrier required to cite any reason for declination of application for employment? A-1: No.
Section 2 - Omission or Falsification of Information "An employee who has been accepted for employment in accordance with Section 1 will not be terminated or disciplined by the carrier for furnishing incorrect information in connection with an application for employment or for withholding information therefrom unless the information involved was of such a nature that the employee would not have been hired if the carrier had had timely knowledge of it."
Section 1 - Q-1: Are employees, conductors (foremen), brakemen (yardmen-switchmen), hostlers and hostler helpers desiring to transfer to positions of locomotive firemen, limited to such transfer only within their own seniority district? A-1: While not required by the agreement, such employees may be offered and may elect to accept transfers to firemen positions in other seniority districts. Q-2: If a conductor (foreman) brakeman (yardman-switchman) hostler or hostler helper transfers to a fireman position in accordance with this Article VIII, may the employee voluntarily elect to forfeit his seniority in engine service and exercise seniority in the craft from which he transferred? A-2: This national rule does not provide for voluntary forfeiture of rights in engine service. Q-3: It is our understanding that Article V of the Manning Agreement of July 19, 1972, Transfer of Firemen (Helpers), is restrictive to “. . . operate out of same terminal ... “ How would this apply to a trainman transferring to engine service? Could he transfer to another seniority district or another terminal in his own seniority district? A-3: Article V of the July 19, 1972 Manning Agreement would not apply until the trainman establishes seniority as a fireman, after which he would be subject to such agreement. Q-4: Would trainmen working in a Supervisory capacity be allowed to transfer to engine service and cut in ahead of junior train service employees who have transferred to engine service if and when they return to train service? A-4: No. Q-5: If a trainman is off because of illness, injury, or leave of absence, would he be allowed to transfer to engine service upon returning to service and be placed ahead of a junior trainman previously transferred? A-5: This national agreement does not apply in any way to this situation and it does not affect any other agreements which might be applicable in this regard.
"Employees entering service on and after the effective date of this Article shall be paid as follows for all service performed within the first twelve (12) calendar months of service when working in a capacity other than conductor (foreman), footboard yardmaster, yardmaster, car retarder operator or engineer: Q-1: Is it the intent of this section of the agreement to pay the established rate to a new fireman and/or hostler who transferred from a craft other than switchman/brakeman after a completion of twelve (12) months' combined service in both crafts? A-1: No. Q-2: An employee worked as a switchman for approximately 6 months in 1973, at which time he obtained a leave of absence to assume an official position with the carrier. After approximately five years in this capacity, he returned to service as a switchman, exercising seniority established in 1973. Is he subject to the 90% entry rate for 6 months following his return to service? A-2: No. Q-3: An employee worked for 6 months as a brakeman, terminated his seniority and three years later was reemployed with the same Carrier and a new seniority date after the effective date of this Article. Is this employee's rate of pay 90% of the established rates for only 6 months? A-3: Yes. Q-4: Is an employee who hired out and performed service as a trainman prior to the effective date of this Article, and subsequently transferred to engine service, entitled to receive the full rate for service performed as a fireman? A-4: Yes, because he hired out prior to the effective date of this Article. Q-5: What would be the rate of pay during the first twelve (12) months for a trainman allowed to transfer to the craft of fireman if he already has several years of service as a trainman? A-5: The established rate for firemen. Q-6: In July 1978, the carrier hired five (5) brakemen. They were given physical examinations and placed in student service. Upon completion of this service, and prior to making a pay trip, these individuals were furloughed. These men were called back into train service subsequent to the consummation of the August 25, 1978 Agreement and the carrier is taking the position that these men fall under the auspices of Article IX, Section 1. Is the carrier's position correct, or are these employees entitled to full rates of pay inasmuch as they were actually hired prior to the date of the Agreement? A-6: If under the seniority rules in effect on the property, seniority was established upon completion of the student trips, these employees would be entitled to the full rates of pay. Q-7: Are employees in crafts other than those represented by the UTU, transferring to the fireman craft protected by the combined service provision of Section 1(c)? A-7: No, this rule is applicable only to those employees transferring from crafts represented by the UTU. Q-8: When does an employee enter service of a carrier? A-8: An employee enters service as of the date on which seniority is established under applicable local rules. Q-9: Under paragraph (a) what are the applicable rates of pay when an employee is in a so-called probationary status? A-9: The probationary period has no effect on the applicable rates of pay. Q-10: An employee works for six (6) months during which time the employee is compensated for such service at the 90% entry rate. As a result of an on-duty injury, the employee is unable to perform service during the succeeding six (6) month period, but is compensated for all time lost at 90% of the applicable rate of pay. Upon the employees return to active service, may the carrier extend the initial twelve (12) month entry rate period by the period of time the employee was out of service because of the on-duty injury? A-10: No. An employee's absence under such circumstances would not be considered as "voluntary". Q-11: Where individual railroad agreements provide that crews will be paid for time spent at their away-from-home terminal, is this payment considered an arbitrary and/or special allowance to be paid for at the full rates of pay? A-11: No.
"Agreements which provide for training or entry rates that are lower than those provided for in Section 1 are preserved. If such agreements provide for payment at the lower rate for less than the first twelve (12) months of actual service, Section 1 of this Article will be applicable during any portion of that period in which such lower rate is not applicable." Q-1: May the 90% entry rate be applied against an existing lower training rate? A-1: No. Q-2: If an existing training rate is lower than the standard basic rate, but higher than 90% of the basic rate, may the Carrier apply the 90% to the lower existing training rate? A-2: No. Where there is an existing training rate the rate to be applied is either 90% of the standard basic rate or the existing training rate, whichever is lower.
Section 1: Q-1: In what sequence may the additional one straight pick-up at the initial terminal and the additional one straight set-out at the final terminal be made? A-1: In this respect the application is the same as the former rule. Q-2: Does the term "another location" include another yard track in the yard in which the train is made up or is finally yarded? A-2: No. Q-3: Does the term "another location" as used in this Article X refer to any other location within the present yard limits? A-3: Yes, provided the "location" is in an area where the road crew has seniority rights to work. Q-4: Did the language change from "another yard" to "another location" allow the carrier the right to require road crews to make one straight pick up or set out at another location if this requires the crew to operate off-district and on another seniority district? A-4: No, unless the carrier had the previous right to require such road crews to set out or pick up at "another yard" located off-district and on another seniority district. Q-5: If arbitraries were paid subsequent to the January 27, 1972 Agreement because the location where the pick ups and set outs were made was not “another yard" and the pick ups and set outs are still made in the same spot, are the arbitraries still applicable? A-5: If the spot (location) as referred to above is within the initial and/or final terminal and the arbitrary was paid solely because the spot was not "another yard", the arbitrary would no longer apply. Q-6: Does "another location” as used in this rule, include interchange to or from another carrier when such set out and/or pick up had not previously been the practice? A-6: This revision of the January 27, 1972 rule makes no change with respect to what cars may be picked up or set out, interchange, or otherwise. It merely substituted the words "another location" for “another yard” Q-7: Under Section 1 of Article X, does one straight pick up at another location in the initial terminal and one straight pick up at an intermediate point between terminals mean that the cars must be first out coupled together on the track on which the pick up is located? A-7: The national rule did not change the rules and practices in effect on the individual properties as to what constitutes a straight pick up. Q-8: Under the road/yard provisions of Article IX of the January 27, 1972 UTU National Agreement, as amended by Article X of the August 25, 1978 UTU National Agreement, is it permissible to have a road crew make a set-out on an interchange track in their final terminal prior to yarding their train, or make a pick-up from an interchange track at the initial terminal after commencing the road trip? A-8: Yes. Q-9: Carrier instructions place restrictions on the location of certain type cars within the train's consist. If trains are improperly made up by yard crews, road crews are instructed to switch out the cars or rearrange the cars in order to comply with the restrictions. Can these cars be considered "bad order" under the rule so as to require this work of road crews without additional compensation? A-9: Cars that need to be placed in certain locations of the train and are not otherwise defective are not considered "bad order" for purposes of this rule. Q-10: Is the Carrier correct in contending that the amendment to Article IX, Section 1, of the January 27, 1972 National Agreement providing for one straight pick up and/or set out at intermediate points enroute is nullified by the savings clause contained in Section 2 stating, "Nothing in this section ... imposes restrictions ... where restrictions did not exist prior to ... this agreement" thus permitting the Carrier to require road crews to perform other than straight pick ups and/or set outs at intermediate points? A-10: No. The savings clause in Article X of the 1978 National Agreement carried forward from Article IX, Section 1, of the 1972 National Agreement was intended to preserve a carrier's rights under local rules and practices; however, its inclusion in the 1978 National Agreement was not intended to preserve any provisions of the 1972 National Agreement which were modified by the 1978 National Agreement.
Section 1- First Paragraph: Q-1: Does the carrier have the sole right to establish the combination road-yard service zones? A-1: Yes. Q-2: Should the carrier notify the General Chairman in writing when and where it establishes each combination road-yard service zone? A-2: Yes; such notification will include the specific limits of the zones. Q-3: Does the term "switching limits" as used in the first paragraph to Section 1 mean the switching limits established or recognized for general switching purposes? A-3: Yes. It is not intended that the combination road-yard service zones can be measured from points outside the general switching limits where yard crews may be operated under special or limited circumstances. Q-4: What is the meaning of the term "at points where yard crews are employed"? A-4: It has the same meaning and should be applied in the same manner as under Article V of the National Agreement of May 13, 1971 with the BLE and Article IX of the National Agreement of January 27, 1972 with the UTU. Q-5: Can employees of a carrier who may be restricted from performing road service on that carrier be used to perform service under Section 1? A-5: This is a matter to be determined on a local basis in accordance with existing agreements, rules or practices. Q-6: Can the carrier require a yard crew from one seniority district to meet the service requirements of a customer if such customer is located in road territory in another seniority district on that carrier within the combination road-yard service zone? A-6: Yard crews within the limits of the rule can substitute for road crews provided the yard crews can be used in such road territory pursuant to provisions of existing national agreements under which yard crews may be used outside switching limits to perform service for new industries. However, it is not intended that a yard crew from one seniority district be substituted for a yard crew in another seniority district. Q-7: Is an assignment classified by agreement as a road job operating under road rules subject to the provisions of Section 1? A-7: Section 1 applies only to yard crews.
Section 1(a): Q-1: After a carrier establishes a combination road-yard service zone, will a subsequent extension of switching limits under existing agreements establish a new point for determining road-yard service zones? A-1: No. Combination road-yard service zones are measured from the switching limits that existed as of the date of the agreement. Q-2: Can a carrier establish combination road-yard service zones under Section 1(a) which may extend into or overlap one another? A-2: Yes. The road-yard service zone is determined or measured from the switching limits existing on the date of the agreement for each point where yard crews are employed. Q-3: A-3: Q-4: Is there any directional restriction in the determination or measurement of the road-yard service zones under Section 1(a)? A-4: No. The road-yard service zones under Section 1(a) can be established beyond existing switching limits in any direction. Q-5: May a yard crew from one point where yard crews are employed be used to perform service under Section 1 at another point where one yard crew is employed and such service is to be performed within the second 12-hour period referred to in Article V, Combination Road-Yard Service Zones, Section 5 of the National Agreement of June 25, 1964? A-5: No.
Section 1(b): Q-1: Can a yard crew performing service under Section 1 be required to perform work other than that which is specified in Section 1 if such other work could have been required by a road crew prior to the adoption of Section 1? A-1: No. The use of yard crews under Section 1 is limited to the service specifically provided for in paragraph (b) thereof. Q-2: A short turnaround road local is regularly assigned six days a week to service an industry two miles outside switching limits. Usually the work is completed in less than eight hours, but on occasion makes a second trip to the industry which results in overtime to the road crew. May the carrier use a yard crew to perform the second trip to eliminate overtime even though the road crew was available and could easily perform the service within the Hours of Service Law? A-2: If the short turnaround local was otherwise available, a yard crew could not be used solely to avoid overtime for the road crew; however, if such use would result in the commencement of a new day, the carrier has the option to use either the road crew or the yard crew. The service to be performed must meet the criteria outlined in Section 1(b). Q-3: In application of Section 1(b), may a yard crew be sent from Point "A" to Point "B" (less than 10 miles from switching limits of Point "A") to service a refinery on the rest days of a regularly assigned yard crew if the work it will perform had been previously performed exclusively by extra yard crews called to report at that point for that specific purpose? A-3: No. Q-4: May a yard crew be sent from Point "A" to a refinery at Point "B" (not yard territory) solely for the purpose of performing a switching service of cars already located at that industry, without making a delivery of traffic from Point "A" or making a movement of cars from Point "B" to Point "A"? A-4: Yes, provided that the service to be performed meets the criteria set forth in the rule. Q-5: May the yard crew in the above example be sent eastward from Point "A" to switch at Point "B" (which is 5 miles from the switching limits of Point "A") then move cars picked up there to Point "C" (which is also within the established road-yard service zone) for delivery A-5: Yes, if all the service to be performed meets the criteria set forth in the rule. Q-6: If the switching limits of Point "A" are less than ten miles from the switching limits of Point "B” with yard crews employed at both points, may a yard crew be sent from Point "A" to Point "B" for industrial switching purposes if a yard crew is or is not on duty at the time? A-6: No - The yard crew from Point "A" would be substituting for a yard crew at Point "B". Q-7: May a yard crew performing service under Section 1 be used to perform service under Section 2 before returning to the yard? If so, how is the crew to be compensated? A-7: Yes. The crew would be compensated for all time outside switching limits the same as though all the service outside switching limits had been performed under Section 2. Q-8: Can the carrier be considered a customer under Section 1 in order to send yard crews to an industry to expedite the movement of cars solely for the convenience of the carrier? A-8: The word "customer", as used in Section 1, was not meant to apply to the carrier. Q-9: May a carrier properly use a yard crew to provide service on a regular basis to a customer within the Road-Yard Service Zone? A-9: No. Section 1(b) was not intended to permit substitution on a regular basis of a yard crew or crews for the "road crew or crews normally performing the service." One or more of the conditions specified in Section 1(b) should exist on each occasion a yard crew is utilized. Q-10: May a carrier properly use yard crews to service customers within road-yard service zones for the sole purpose of avoiding the payment of overtime to road crews performing the service? A-10: No, the carrier must meet the requirements of Section 1(b) in instances where the yard crew is used.
Section 1(c): Q-1: An industry located outside existing switching limits has heretofore been serviced by road crews. Does this rule contemplate the abolishment of such road assignments so that all work is to be performed by yard crews? A-1: No. Section 1(c) specifically provides that the use of yard crews in road-yard service zones may not be used to reduce or eliminate road crew assignments working within such zones.
Section 1(d):
Section 2 - First Paragraph: Q-1: When a carrier elects to adopt this Section 2 in lieu of retaining existing rules or practices and establishes a combination road-yard service zone, can the carrier utilize another road crew to handle disabled road trains or trains tied up under the Hours of Service Act within the combination road-yard service zone? A-1: Yes. The carrier has the option to use either road or yard crews. Q-2: Under Section 2, does the carrier have the sole right to establish combination road-yard service zones? A-2: Yes. Q-3: Under Section 2, can a yard crew assigned at a point other than the initial and final terminals of the assignment of the road train which is disabled or the road train which is tied up under the Hours of Service Act, be used to handle such road trains? A-3: No. Q-4: Does the term “switching limits" as used in the first paragraph to Section 2 mean the switching limits established or recognized for general switching purposes? A-4: Yes. It is not intended that the combination road-yard service zones can be measured from points outside the general switching limits where yard crews may be operated under special or limited circumstances. Q-5: When a train is disabled or tied up under the Hours of Service Act within the 15-mile zone and no yard crews are on duty, should a road crew be called to handle the train? A-5: The carrier has the option to use either road or yard crews inasmuch as the rule does not affect the carrier's right to use road crews in accordance with existing rules or practices whether or not yard crews are on duty. Q-6: Where restrictions now exist on a property that prohibit the use of yard crews going outside the assigned territory of their assignment, does this rule give the Carrier the right to use such yard crews to perform the service under Section 2? A-6: Yes. Q-7: Under Section 2, may yard crews of a carrier from one seniority district be required to handle disabled trains or trains tied up under the Hours of Service Act which are manned by road crews from another seniority district of that carrier? A-7: Yes, provided disabled road trains and trains tied up under the Hours of Service Act could have been handled by yard crews from another seniority district within the general switching limits which existed immediately prior to the 1978 national agreements for the terminal involved. Q-8: Can yard crews of one carrier operating within a consolidated yard or terminal be required to handle disabled trains and trains tied up under the Hours of Service Act which are manned by road crews of another carrier? A-8: Yes, subject to the provisions of the agreement governing the operations of the consolidated terminal.
Section 2(a): Q-1: If the carrier extends switching limits after is has established combination road-yard service zones, will the extended switching limits establish a new fifteen (15) mile combination road-yard service zone? A-1: No. Combination road-yard service zones are measured from the switching limits that existed as of the date of the agreement. Q-2: Can a carrier require a yard crew to perform service under Section 2 if the crew is not qualified to perform road service. A-2: This is a matter to be determined on a local basis in accordance with existing agreements, rules or practices. Q-3: When does a road train crew become "tied up under the Hours of Service Act" for purposes of Section 2? A-3: When the crew of the road train is relieved and compensated under existing agreements or practices applicable to crews being relieved for purposes of the Hours of Service Act. Q-4: A-4: Q-5: The distance between the switching limits of the final terminal and the switching limits of an adjacent intermediate terminal is less than 15 miles. Under such circumstances, may a yard crew from the final terminal of the run be used beyond the switching limits of an adjacent intermediate terminal of the carrier to handle a disabled train or a train tied up under the Hours of Service Act? A-5: Yes, for the reason that the yard crew would be substituting for the road crew. Q-6: In the performance of service permitted under Section 2, may a yard crew be sent eastward from Point "A", which is not the terminal of a disabled road train, to a junction point with another line at Point "B", then southward on the other line to Point "C" to pick up the road freight, then travel northward through to the road train's final terminal at Point "D", then return to its own reporting point, Point "A"? A-6: No. "A" is not the initial or final terminal for the crew of the disabled train. Q-7: May a road crew be sent a distance greater than fifteen miles from its switching limits to move a disabled road train to its final terminal if the disabled train is within fifteen miles of its own final terminal? A-7: The rule does not affect the carrier's right to use road crews in accordance with existing rules or practices whether or not yard crews are on duty. Q-8 Does the fifteen-mile limitation apply to the switching limits of the road train's final terminal, even though there are no tracks at that point on which the train could be disposed of, and the yard at which the road train normally terminates is six miles within the switching limits of the terminal? A-8: Yes. The 15-mile limitation is measured from the existing switching limits of the terminal and not from the point where the train is yarded.
Section 2(b): Q-1: If a yard crew is called outside of prescribed starting times for the purpose of handling a disabled train or a train tied up under the Hours of Service Act, how are they compensated? A-1: This provision does not change the application of the yard starting time rules. Q-2: Do the provisions of Section 2 have any application at intermediate terminals? A-2: No. Q-3: May a yard crew from an intermediate point be used to handle a train disabled or tied up under the Hours of Service Law to the final terminal of the assignment where no yard crews are assigned so long as they are within the 15 miles? A-3: No. Q-4: If a train is disabled or tied up under the Hours of Service Act at a point within the 15-mile limit of the final terminal, and there is a point enroute where a yard crew is assigned, can the carrier direct a yard crew from this point to handle the disabled or tied up train into the final terminal? A-4: No. Q-5: Are yard crews required to operate under train orders when dispatched to bring in a train tied up under the Hours of Service Law? For example, the road crew tied up had a train order to meet an opposing train within the 15-mile area, such area being in manual block or automatic block territory. A-5: Carrier's operating rules are controlling. Q-6: When a yard crew is transported by a highway vehicle to perform service under Section 2(b), when does the crew's time start? A-6: Where local rules or practices exist which encompass this situation, such rules or practices will apply. Otherwise time will be computed from when the crew leaves company property or from the time the trip begins if originating off company property. Q-7: When a yard crew is transported by highway vehicle to perform service under Section 2(b), where does the highway mileage begin and end? A-7: Where local rules or practices exist which encompass this situation, such rules or practices will apply. Otherwise rail miles outside switching limits will be used. Q-8: Are yard crews while on overtime on their regular assignment, and used to perform service outside switching limits under this rule, to be compensated for time consumed at the time and one-half rate for the class of service performed in addition to the regular yard rate? A-8: The parties are agreed that payment for combined service is to be treated the same as the emergency rule. Accordingly, the time in both services is combined to provide for payment at time and one-half for time in excess of eight hours. Q-9: Are yard men who have not passed the required conductor's promotion examination going to be required to copy train orders and be in charge of trains in the 15-mile zone? A-9: This is a matter to be determined on a local basis in accordance with existing agreements, rules or practices. Q-10: If a yard crew is transported by car or some other vehicle to perform service under Section 2, would they be entitled to deadhead pay? A-10: No. Q-11: A road crew within a road-yard service zone is relieved before the time of the crew has expired under the Hours of Service Law. May a yard crew be sent to bring this train into the terminal in accordance with Section 2? A-11: Yes, provided the road crew was properly relieved and compensated under existing rules pertaining to crews being relieved for purposes of the Hours of Service Act. Q-12: Given the same facts as above, except that the carrier believes that the time of the crew may expire under the Hours of Service Law before the train enters the terminal (owing to yard congestion, etc.), may the yard crew then handle the train into the terminal before the road crew's time actually expires? A-12: Yes, provided the road crew was properly relieved and compensated under existing rules pertaining to crews being relieved for purposes of the Hours of Service Act. Q-13: A derailment occurred in a road crew's train at an intermediate point, but within 15 miles of a yard crew's switching limits. There are no switching limits at the road crew's initial and final terminal. Under such circumstances does Section 2(b) permit the yard crew at the intermediate point to go outside of switching limits, but within 15 miles of switching limits to rerail a car? A-13: No. This rule has no application at intermediate points. Q-14: May a yard crew performing service under Section 1 be used to perform service under Section 2 before returning to the yard? If so, how is the crew to be compensated. A-14: Yes. The crew would be compensated for all time outside switching limits the same as though all the service outside switching limits had been performed under Section 2. Q-15: Within Road-Yard Service Zones when a yard crew is used to handle disabled road trains or those tied up under the Hours of Service Act, may such yard crew be required to set out a bad order car or cars from the road train to be handled prior to bringing the train into the final terminal? A-15: Yard crews may be required, without additional payment, to set out a bad order car or cars damaged to the extent or whose condition is such that it would or could interfere in the safe handling of the train into the final terminal. Q-16: A road train neither disabled nor tied up under the Hours of Service Act, but which cannot be brought into its final terminal because of yard congestion or other reasons, is left on the main line or placed on a siding within the road-yard service zone by the road crew, who then complete their trip into the final terminal with their engine or engine and caboose. A-16: No, the use of a yard crew under such circumstances is not permissible under Section 2(b). Q-17: What constitutes a "disabled train"? A-17: Typically a disabled train is one which cannot reach the terminal unassisted. However, unusual situations involving "disabled trains" should be dealt with on a case by case basis. Q-18: What is the intent of the parenthetical phrase "(except where existing agreements require payment at yard rates)" as contained in Section 2(b)? A-18: The intent of the parenthetical phrase is indicated in the following examples: Example No. 1 Example No. 2 Example No. 3 Q-19: When a yard crew is dispatched to handle a road train under the provisions of Section 2, may such crew be required while outside its switching limits to pick up, set out, or to perform any road switching that was to be performed by the road crew? *A-19: No. The yard crew while in road territory is limited to handling necessary to move the train in road territory into its initial or final terminal. Q-20: When a yard crew is dispatched to handle a road train under the provisions of Section 2, is such crew entitled to additional payments under other existing rules such as engine exchanges? *A-20: No. The service permitted by Section 2 is limited to handling the train in road territory into its initial or final terminal. Likewise, the payment, so long as the work is necessary to perform the service permitted by the rule, is confined to that provided for in Section 2(b). However, there may be arbitrary payments under applicable road service rules for additional service during the road handling of the train after the yard crew takes charge of the train. * - NMB Interpretation No. 143 Q-21: A road train within the 15-mile Road-Yard Service Zone is tied up on the main line track under the Hours of Service Act. Because of yard congestion or for other valid reasons, it is not possible to yard the train, but it is necessary to clear the main track for other train movements. Under the above circumstances, may a yard crew be used to clear the main track by placing the tied up train intact on a siding within the Service Zone, including any necessary cutting of crossings and then subsequently use a second yard crew to bring the train on into th terminal? A-21: Yes, under the circumstances as outlined above. Q-22: The following rule is in effect on carrier "A": A-22: Yes. (Due to the long-standing pendency of this dispute, this interpretation is applicable to claims arising on or after March 1, 1983.) Q-23: A road train has excessive tonnage which prevents it from operating over a grade. Although there is a side track where the road crew could double a portion of their train and enable them to negotiate the grade without assistance, is it permissible for the carrier to operate a yard crew out to assist the stalled train on the basis that they would be assisting a disabled train? A-23: No. Q-24: A road crew has sufficient power to operate over the terrain but experiences problems with a diesel unit. This in turn causes the road train to stall. Rather than having the road crew double into a siding, is it permissible for the carrier to operate a yard crew out to assist the train over a grade on the basis that they would be assisting a disabled train? A-24: Yes. Q-25: A road crew at a point within the 15 mile zone experiences a draw bar failure on the wrong end of the car. The road crew handles the head end portion of the train into the terminal (a definite terminal) where yard engines are employed and on duty. Is it permissible for the carrier to utilize the services of a yard crew to pull in the rear end of the separated road train on the basis that the move involves a disabled train? A-25: Yes, under these specific circumstances. Q-26: A road train has a derailment 11 miles outside its initial terminal switching limits and approximately 130 miles short of its final terminal. A-26: Q-27: A yard crew was sent outside switching limits to relieve a road crew tied up under the Hours of Service Act and handle the train into the final terminal. While in the process of handling this train, the yard crew was directed to cut off its power and assist another stalled road train, shoving it a distance of approximately one mile. Is it permissible under these circumstances to use a single yard crew to handle both a train tied up under the Hours of Service Act and to also assist a second stalled train while in the road yard service zone? A-27: Yes, provided that the stalled road train had sufficient power to operate over the terrain. (See Question & Answer No. 24 under this Section, as distinguished from Question & Answer No. 23). Q-28: Does the Carrier have the right to use engineers, who have been restricted to yard service by the Carrier for physical reasons, to handle disabled trains and/or trains tied up under the Hours of Service Act outside switching limits in road-yard service zones? A-28: This is a matter to be determined on a local basis in accordance with existing agreements, rules or practices. Q-29: If penalty payments for violations of the schedule agreement occur while a yard crew is performing service in accordance with this rule, may the Carrier deduct the time spent by the yard crew in road service from the penalty payment allowed? A-29: The yard crew is entitled to payment under the national rule for the time spent outside of switching limits. Penalty payments for service performed outside the rule is a matter to be determined locally by the parties. Q-30: Carrier instructions require road crews to be certain that their trains are within the 15-mile road/yard service zone before they are tied up under the Hours of Service Law. In cases where these road trains are tied up outside the 15-mile limit, can the Carrier require yard crews to perform service under this rule? A-30: No. The rule limits the use of yard crews to within the 15-mile limit. Q-31: A yard crew is used within the 15-mile zone to relieve a road crew tied up under the Hours of Service Law. Upon arrival, within switching limits, the yard crew is required to set out cars on a foreign Carrier's interchange track, such set out being a regular function of the road crew being relieved. Under these circumstances, is the yard crew entitled to an additional day's pay for performing service other than yarding the train in its final terminal? A-31: No, providing that yard crews also have the right to deliver interchange cars on this track. Q-32: A yard service engineer, performing service on a holiday and qualified to receive the time and one-half rate for such service, is used within the 15-mile zone to handle a road train tied up under the Hours of Service Law. Is the engineer entitled to compensation at the time and one-half rate for the time consumed performing service outside the switching limits? A-32: No. The engineer would only be entitled to the straight time rate for the service performed outside switching limits, as provided for in application of the "emergency rule".
Section 2(c):
Section 2(d):
Section 3: Q-1: Under Section 3, would this eliminate the equalization of miles as between road and yard service crews referred to in Section 2 of Article VI of the January 27, 1972 UTU Agreement and paragraph (b) of Article III of the May 13, 1971 BLE Agreement? A-1: No. Section 3 applies only to the service prescribed by that Article whereas Section 2 of Article VI of the January 27, 1972 UTU Agreement and paragraph (b) of Article III of the May 13, 1971 BLE Agreement operate independently and continue to apply to the service provided for in those Articles.
Q-1: May hostlers and hostler helpers be considered or used as yard or yard engine crews under provisions of the Combination Road-Yard Service Zones Rules? A-1: Whether or not hostlers and hostler helpers may be considered or used as yard or yard engine crews is a matter to be determined on a local basis in accordance with existing agreements, rules or practices.
Bereavement Leave Q-1: How are the three calendar days to be determined? A-1: An employee will have the following options in deciding when to take bereavement leave: Q-2: Does the three (3) calendar days allowance pertain to each separate instance, or do the three (3) calendar days refer to a total of all instances? A-2: Three days for each separate death; however, there is no pyramiding where a second death occurs within the three-day period covered by the first death. Q-3: An employee working from an extra board is granted bereavement leave on Wednesday, Thursday and Friday. Had he not taken bereavement leave he would have been available on the extra board, but would not have performed service on one of the days on which leave was taken. Is he eligible for two days or three days of bereavement pay? A-3: A maximum of two days. Q-4: Will a day on which a basic day's pay is allowed account bereavement leave serve as a qualifying day for holiday pay purposes. A-4: No; however, the parties are in accord that bereavement leave non-availability should be considered the same as vacation non-availability and that the first work day preceding or following the employee's bereavement leave, as the case may be, should be considered as the qualifying day for holiday purposes. Q-5: Would an employee be entitled to bereavement leave in connection with the death of a half-brother or half-sister, stepbrother or stepsister, stepparents or stepchildren? A-5: Yes at to half-brother or half-sister, no as to stepbrother or stepsister, stepparents or stepchildren. However, the rule is applicable to a family relationship covered by the rule through the legal adoption process. Q-6: Would bereavement leave be applicable during an employee's vacation period? A-6: No. Q-7: An employee qualifies for holiday pay on a holiday which occurs on a day the employee also qualifies for bereavement leave pay. Under these circumstances, is the employee entitled to be paid both the holiday and bereavement leave allowance? A-7: No. The employee would be entitled to only one basic day's pay. Q-8: An employee in pool freight service is granted bereavement leave on Wednesday, Thursday, and Friday. He was paid under the bereavement leave rule for Wednesday and Thursday; however, his claim for Friday, a day on which the crew of which he was a member was at the away-from-home terminal and received an authorized return deadhead trip for which they were allowed 141 miles, was denied. Is he entitled to pay under the bereavement leave rule for Friday? A-8: Yes, inasmuch as the deadhead trip was authorized and represents time lost on a separate qualifying calendar day.
Q-1: As of the effective date of the revision of the off-track vehicle accident benefit provisions, a certain employee was receiving a loss of time benefit ($100 per week, less RUIA sickness benefits, for up to 156 consecutive weeks). Should his benefit rate be increased from $100 to $150 effective as of such date? A-1: The intent of the agreement provisions was that the date of the accident should be controlling with respect to the benefit rate. If the accident occurred on or after 90 days after the date of the Agreement involved, the increased benefit rates apply.
In the matter of 7 NMB No. 160 On April 8, 1980, the Brotherhood of Locomotive Engineers (BLE) and the United Transportation Union (UTU) jointly invoked the services of the National Mediation Board under the provisions of Section 5, Second, of the Railway Labor Act, as amended, 45 U.S.C. §155, Second, for the interpretation of certain provisions of agreements between the BLE and the National Railway Labor Conference (NRLC), and the UTU and the NRLC. The BLE July 26, 1978 Mediation Agreement was reached through mediation in Case No. A-10224. The UTU August 25, 1978 Mediation Agreement was reached in Case No. A-10222. ISSUES There are two unresolved question involving the "Combination Road-Yard Service Zones" provisions (Article VIII and XI, respectively) of such agreements. The pertinent provisions of the agreements and the questions are as follows: "Section 2 - At points where yard crews are employed, combination road-yard service zones may be established within which yard [engine] crews may be used to perform specified service outside of switching limits under the following conditions: "(b) Within Road-Yard Service Zones, yard [engine] crews may be used to handle disabled road trains or those tied up under the Hours of Service Act outside their final terminal without penalty to road crews. For such service yard [engine] crews shall be paid miles or hours, whichever is the greater, with a minimum of one (1) hour for the class of service performed (except where existing agreements require payment at yard rates) for all time consumed outside of switching limits. This allowance shall be in addition to the regular yard pay and without any deduction therefrom for the time consumed outside of switching limits." QUESTION #1 When a yard crew is dispatched to handle a road train under the provisions of Section 2, may such crew be required while outside its switching limits to pick up, set out, or to perform any road switching that was to be performed by the road crew? QUESTION #2 When a yard crew is dispatched to handle a road train under the provisions of Section 2, is such crew entitled to additional payments under other existing rules such as engine exchanges? The parties have effectively presented arguments in support of their positions. However, in the Board's view the answers to these questions must be based upon the positions that were or were not advanced by the parties in the negotiations that led to these agreements. In those negotiations there was no discussion of the carriers obtaining the right to have yard crews do work other than handling disabled trains or trains tied up under the Hours of Service Act within the established combination road-yard service zones. Likewise, during the discussions the only payment for operating yard crews for the aforementioned purpose was confined to that prescribed by the rule. CONCLUSION Therefore, it is the Board's Interpretation to the specific questions presented, as follows: QUESTION #1 When a yard crew is dispatched to handle a road train under the provisions of Section 2, may such crew be required while outside its switching limits to pick up, set out, or to perform any road switching that was to be performed by the road crew? ANSWER No. The yard crew while in road territory is limited to handling necessary to move the train in road territory into its initial or final terminal. QUESTION #2 When a yard crew is dispatched to handle a road train under the provisions of Section 2, is such crew entitled to additional payments under other existing rules such as engine exchanges? ANSWER No. The service permitted by Section 2 is limited to handling the train in road territory into its initial or final terminal. Likewise, the payment, so long as the work is necessary to perform the service permitted by the rule, is confined to that provided for in Section 2(b). However, there may be arbitrary payments under applicable road service rules for additional service during the road handling of the train after the yard crew takes charge of the train. By direction of the NATIONAL MEDIATION BOARD. /S/ Rowland K. Quinn, Jr.
NATIONAL RAILWAY LABOR CONFERENCE BLE July 26, 1978 National Agreement CIRCULAR NO. 649-12-7 TO MEMBER ROADS: Reference is made to our Circulars of the 649-12 and 653-14 series with which we transmitted agreed-upon Questions and Answers with respect to application of certain provisions of the BLE and UTU National Wage and Rules Agreements. The following additional Question and Answer (#22) was agreed upon with respect to Section 2(b) of Article VIII of the BLE National Agreement and Section 2(b) of Article XI of the UTU National Agreement at a meeting of the Interpretation Committee on February 23, 1983: Q-22: The following rule is in effect on carrier "A": On such carrier or other carriers where similar rules are in effect does the highest rate based on weight on drivers apply to the entire tour of duty, including the additional payment under Section 2, when two or more locomotive consists of different weight on drivers are used? A-22: Yes. (Due to the long-standing pendency of this dispute, this interpretation is applicable to claims arising on or after March 1, 1983.) As indicated in the answer, this particular interpretation is applicable to claims arising on or after March 1 1983. Accordingly, it is not intended to have retroactive application, nor is it intended to disturb payments previously made in accordance with the foregoing. Yours truly,
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