EXPANDED SALINA HUB AGREEMENT: BLE
| Description: EXPANDED SALINA HUB PREAMBLE Subsequent to the filing of Union Pacific's application but prior to the decision of the STB, the parties engaged in certain discussions which focused upon Carrier's request that the Organization support the merger of UP and SP. These discussions resulted in the parties exchanging certain commitments, which were outlined in letters dated March 8(2), March 9 and March 22, 1996. On June 4, 1998, the Carriers served notice of their intent to merge and consolidate operations Union Pacific: Southern Pacific: Pursuant to Section 4 of the New York Dock protective conditions, in order to achieve the benefits of operational changes made possible by the transaction and to modify collective bargaining agreements to the extent necessary to obtain those benefits IT IS AGREED: The following work/road pool consolidations and/or modifications will be made to existing runs: A. Zone 1 - Seniority District The above includes all UP main lines, branch lines, industrial leads, yard tracks and stations 2. The existing territories covered by the UP-BLE Salina Hub Agreement dated June 27, 1997 3. 4. The terminal limits of Sharon Springs and Salina are as follows: UP terminal limits at Sharon Springs are established by this Implementing Agreement. 5. Engineers of the Denver Hub were granted rights in the Agreement for that hub to receive their through freight trains up to twenty-five (25) miles on the far side of Sharon Springs and run back through Sharon Springs to their destination without claim or complaint from any other Engineer. 6. Engineers protecting through freight service in the pools described above shall be provided lodging at the away-from-home terminals pursuant to existing agreements and the Carrier shall provide transportation to Engineers between the on/off duty location and the designated lodging facility. All road Engineers may leave or receive their trains at any location within the terminal and may perform work within the terminal pursuant to the designated collective bargaining agreement provisions. The Carrier will designate the on/off duty points for all Engineers, with these on/off duty points having appropriate facilities as currently required in the collective bargaining agreement. B. Zone 2 – Seniority District The above includes all UP and SSW main lines, branch lines, industrial leads, yard tracks and 2. The existing former SSW Herington to Kansas City pool operation will be preserved under this Agreement with Herington as the home terminal. Kansas City will serve as the away-from-home terminal. Engineers operating between Herington and Kansas City may utilize any combination of UP or SSW trackage between such points. This pool shall be slotted, and Attachment "B" lists the slotting order for the pool. Former SSW Engineers shall have prior rights to said pool turns. The Carrier and the Organization shall mutually agree on the number of turns subject to this arrangement. If turns in excess of that number are established or any of such turns be unfilled by a prior rights Engineer, they shall be filled from the zone roster, and thereafter from the common roster. a. In the event Carrier elects not to use a pool Engineer on a straightaway move, Hours of b. In the event Carrier elects not to use a pool Engineer on a straightaway move, Hours of 3. The existing former SSW Pratt to Herington pool operation will be preserved under this a. In the event Carrier elects not to use a pool Engineer on a straightaway move, Hours of b. In the event Carrier elects not to use a pool Engineer on a straightaway move, Hours of NOTE: Under Items 2 and 3 above, the establishment of Herington as a terminal for the 4. The previously existing Agreement dated June 22, 1992 governing through freight service between Salina and Wichita shall become null and void upon implementation of this Agreement. A new pool operation between Wichita and Salina will be established under this Agreement, and Wichita shall serve as the home terminal for all such service. This pool shall be slotted, and Attachment "C" lists the slotting order for the pool. Former MP Engineers shall have prior rights to said pool turns set forth in said Attachment "C". The Carrier and the Organization shall mutually agree on the number of turns subject to this arrangement. If turns in excess of that number are established or any of such turns be unfilled by a prior rights Engineer they shall be filled from the zone roster, and thereafter from the common roster. a. In the event Carrier elects not to use a pool Engineer on a straightaway move, Hours of b. In the event Carrier elects not to use a pool Engineer on a straightaway move, Hours of c. Trains which have expired under the Hours of Service at a location within 25 miles of 5. Local, work, wreck, and other extra or unassigned service may operate between Wichita and 6. The Carrier may, at its option, establish service between Wichita and Hutchinson via Herington, without crew change. Wichita will serve as the home terminal. Hutchinson will serve as the away-from-home terminal. This service will be protected by the extra board at Wichita unless traffic levels justify establishment of pool operations. 7. At Herington, Pratt, Winfield and Wichita pool Engineers may receive their train up to twenty-five (25) miles on the far side of the terminal and run back through Herington, Pratt, Winfield and Wichita to their destination without claim or complaint from any other Engineer. When so used, the Engineer shall be paid an additional one-half (1/2) day at the basic prorate through freight rate for this run in addition to the district miles of the run. If the time spent beyond the terminal under this provision is greater than four (4) hours, then he shall be paid on a minute basis at the basic prorate through freight rate. 8. The terminal limits of Herington, Pratt, Winfield and Wichita are as follows: UP terminal limits at Herington are established by this Implementing Agreement. 9. Engineers of the Kansas City Hub were granted rights in the Agreement for that Hub to receive their through freight train up to twenty-five (25) miles on the far side of Winfield and Wichita and run back through Winfield and Wichita without claim or complaint from any other Engineer. 10. Engineers of an adjacent hub may have certain rights to be defined, if any, in the Merger Implementing Agreements for these hubs to receive their through freight trains up to twenty-five (25) miles on the far side of the terminal and run back through Wichita or Pratt to their destination without claim or complaint from any other Engineer. 11. Engineers protecting through freight service in the pools described above shall be provided C. Herington Terminal 2. All UP and SSW rail lines, yards and/or sidings within the Herington Terminal will be considered as common to all Engineers working in, into and out of Herington. The establishment of prior rights zones is not intended to restrict operations which traverse territory in both zones. All road switchers, yard and local assignments will be protected by Engineers from the seniority district where such assignments are home terminated. D. At all terminals the Carrier will designate the on/off duty points for all road Engineers, with these on/off duty points having appropriate facilities for inclement weather and other facilities as currently required in the designated collective bargaining agreement. E. When local, work, wreck, Hours of Service relief or other road runs are called or assigned which operate exclusively within the territorial limits of one (1) of the zones established in this Agreement, such service shall be protected by Engineers in such zone. If such run or assignment extends across territory encompassing both zones contemplated by this Agreement, the home terminal shall govern as indicated above. ARTICLE II - SENIORITY CONSOLIDATIONS A. To achieve the work efficiencies and allocation of forces that are necessary to make the Salina Hub operate efficiently as a unified system, a new seniority district will be formed and a master Engineer Seniority Roster - UP/BLE Salina Merged Roster #1 will be created for Engineers holding seniority in the territory comprehended by this Agreement on the effective date thereof. Prior rights Zone 1 is already intact and will remain unchanged by this Agreement. A new prior rights Zone 2 will be created under this Agreement. Such two prior rights zone rosters shall constitute the new UP/BLE Salina Merged Roster #1. B. Prior rights seniority rosters will be formed covering Zone 2 as outlined above. Placement on this roster and awarding of prior rights to such zone shall be based on the following: 1. Zone 2 - This roster will consist of former UP Engineers with rights on MPUL Wichita (Roster C. Entitlement to assignment on the prior rights zone roster described above shall be by canvass of the employees from the above affected former rosters contributing equity to such zone. D. Engineers on the above-described prior rights Zone 2 roster and the existing Zone 1 roster shall be dovetailed with zone prior rights into one (1) common seniority roster. E. All zone and common seniority shall be based upon each employee's date of promotion as a Locomotive Engineer (except those who have transferred into the territory covered by the hub and thereby established a new date). If this process results in Engineers having identical common seniority dates, seniority will be determined by the age of the employees with the older employee placed first. If there are more than two (2) employees with the same seniority date, and the ranking of the pre-merged rosters would make it impossible for age to be a determining factor, a random process, jointly agreed upon by the Director of Labor Relations and the appropriate General Chairman (men), will be utilized to affect a resolution. It is understood this process for ranking employees with identical dates may not result in any employee running around another employee on his former roster. F. Any Engineer working in the territories described in Article I. on the date of implementation of this Agreement, but currently reduced from the Engineers working list, shall also be given a place on the roster and prior rights. Engineers currently forced to this territory will be given a place on the roster and prior rights if so desired; otherwise, they will be released when their services are no longer required and will not establish a place on the new roster. Engineers borrowed out from locations within the hub and Engineers in training on the effective date of this Agreement shall also participate in formulation of the roster described above. G. UP Engineers currently on an inactive roster pursuant to previous merger agreements shall participate in the roster formulation process described above based upon their date of seniority as a Locomotive Engineer. H. With the creation of the new seniority described herein, all previous seniority outside the Salina Hub held by Engineers inside the new hub shall be eliminated and all seniority inside the new hub held by Engineers outside the hub shall be eliminated. All pre-existing prior rights, top and bottom, or any other such seniority arrangements in existence, if any, are of no further force or effect and the provisions of this Agreement shall prevail in lieu thereof. Upon completion of consolidation of the rosters and implementation of this hub, it is understood that no Engineer may be forced to any territory or assignment outside the Salina Hub. I. The total number of Engineers on the Zone 2 prior rights roster will be mutually agreed upon by the parties, and then merged with the existing Zone 1 prior rights roster to form the master UP/BLE Salina Merged Roster. ARTICLE III - EXTRA BOARDS 1. Wichita - One (1) Extra Board (combination road/yard) to protect all service at or in the vicinity of Wichita. This board will also protect the service between Wichita and Hutchinson via Herington. 2. Hutchinson - One (1) Extra Board (combination road/yard) to protect all extra service at or in the vicinity of Hutchinson. 3. Herington - One (1) Extra Board (combination road/yard) to protect all extra service at or in the vicinity of Herington including Hours of Service relief in any direction, subject to the specific provisions in Article I. This board will supplement the extra board at Hutchinson and, if none in existence, will protect Hutchinson extra service. 4. Salina - One (1) Extra Board (combination road/yard) to protect all extra service at or in the 5. Oakley - One (1) Extra Board (combination road/yard) to protect all extra service at or in the B. If additional extra boards are established or abolished after the date of implementation of this Agreement, it shall be done pursuant to the terms of the designated collective bargaining agreement. When established, the Carrier shall designate the geographic area the extra board will cover. ARTICLE IV - APPLICABLE AGREEMENT B. The terms and conditions of the pool operations set forth in this Agreement shall be the same for all pool freight runs whether run as combined pools or separate pools. The terms and conditions are those of the designated collective bargaining agreement except as modified by subsequent national agreements, awards and implementing documents and those contained in this implementing agreement. For ready reference, sections of existing rules are attached in Attachment "D". C. Engineers will be treated for vacation, entry rates and payment of arbitraries as though all their time on their original railroad had been performed on the merged railroad. Engineers assigned to the Hub on the effective date of this Agreement (including those engaged in Engineer training on such date) shall have entry rate provisions waived. Engineers hired/promoted after the effective date of the Agreement shall be subject to National Agreement rate progression provisions. D. A two hour (2') call time for Engineers will apply in the entire territory comprehending the Salina Hub. E. Engineers under this Hub Agreement operating into Kansas City will be paid actual miles to the various yards within the Kansas City Terminal to which they operate their road trains. Any previously recognized arrival/departure point at Kansas City (e.g., M.P. 5.18 for former UP Eastern District Engineers) shall have no further force and effect, and the literal industry application of the national agreement rules shall apply throughout the Hub. F. Except where specific terminal limits have been detailed in the Agreement, is not intended to change existing terminal limits under applicable agreements. G. Actual miles will be paid for runs in the new Salina Hub. Examples are illustrated in Attachment "E". ARTICLE V - FAMILIARIZATION B. Engineers will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory. Issues concerning individual qualification shall be handled with local operating officers. The parties recognize that different terrain and train tonnage impact the number of trips necessary and the operating officer assigned to the merger will work with the local Managers of Operating Practices in implementing this Section. If disputes occur under this Article they may be addressed directly with the appropriate Director of Labor Relations and the General Chairman for expeditious resolution. C. It is understood that familiarization required to implement the merger consolidation herein will be accomplished by calling a qualified Engineer (or Manager of Operating Practices) to work with an Engineer called for service on a geographical territory not familiar to him. D. Engineers hired subsequent to the effective date of this document will be qualified in accordance with current FRA certification regulations and paid in accordance with the local agreements that will cover the merged Hub. ARTICLE VI - IMPLEMENTATION B. 2. Ten (10) days after posting of the information described in B.1. above, the appropriate Labor 3. Dependent upon the Carrier's manpower needs, the Carrier may develop a pool of C. The roster consolidation process shall be completed in five (5) days, after which the finalized agreed-to rosters will be posted for information and protest in accordance with the applicable agreements. If the participants have not finalized agreed-to rosters, the Carrier will prepare such rosters, post them for information and protest, will use those rosters in assigning positions, and will not be subject to claims or grievances as a result. D. Once rosters have been posted, those positions which have been created or consolidated will be bulletined for a period of seven (7) calendar days. Engineers may bid on these bulletined assignments in accordance with applicable agreement rules. However, no later than ten (10) days after closing of the bulletins, assignments will be made. E. 2. The Carrier may, at its option, elect to phase-in the actual pool consolidations which are necessary in the implementation of this Agreement. Engineers will be given ten (10) days' notice of when their specific relocation/reassignment is to occur. ARTICLE VII - PROTECTIVE BENEFITS AND OBLIGATIONS 1. Carrier will calculate and furnish TPA's for such Engineers to the Organization as soon as 2. In consideration of blanket certification of all Engineers covered by this Agreement for wage 3. Test period averages for designated union officers will be adjusted to reflect lost earnings while conducting business with the Carrier. 4. National Termination of Seniority provisions shall not be applicable to Engineers hired prior to the effective date of this Agreement. II. Engineers required to relocate under this Agreement will be governed by the relocation provisions of New York Dock. In lieu of New York Dock provisions, an employee required to relocate may elect one of the following options: 1. Non-homeowners may elect to receive an "in lieu of" allowance in the amount of $10,000 upon providing proof of actual relocation. 2. Homeowners may elect to receive an "in lieu of" allowance in the amount of $20,000 upon a. This option shall expire within five (5) years from date of application for the allowance b. Proof of sale must be in the form of sale documents, deeds, and filings of these NOTE: All requests for relocation allowances must be submitted on the appropriate form. 4. With the exception of Item 3 above, no claim for an "in lieu of" relocation allowance will be 5. Under no circumstances shall an Engineer be permitted to receive more than one (1) "in lieu of" relocation allowance under this Implementing Agreement. 6. Engineers receiving an "in lieu of" relocation allowance pursuant to this Implementing ARTICLE VIII - SAVINGS CLAUSES B. Nothing in this Agreement will preclude the use of any Engineers to perform work permitted by other applicable agreements within the new seniority districts described herein, i.e., Yard Engineers performing Hours of Service Law relief within the road/yard zone, pool and/or ID Engineers performing service and deadheads between terminals, road switchers handling trains within their zones, etc. C. The provisions of this Agreement shall be applied to all Engineers covered by said Agreement without regard to race, creed, color, age, sex, national origin, or physical handicap, except in those cases where a bona fide occupational qualification exists. The masculine terminology herein is for the purpose of convenience only and does not intend to convey sex preference. ARTICLE IX - HEALTH AND WELFARE ARTICLE X - EFFECTIVE DATE Signed at Omaha, Nebraska, this 16th day of July, 1998. FOR THE BROTHERHOOD FOR THE CARRIERS:
This refers to the Merger Implementing Agreement entered into this date between the Union During our negotiations we discussed SSW ARTICLE 6 - LIFE INSURANCE and SSW This will confirm that Carrier agreed that these insurance premiums would be maintained at It is understood this Agreement is made without prejudice to the positions of either party If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
Side Letter No. 2 This refers to the Merger Implementing Agreement entered into this date between the Union During our negotiations we discussed SSW ARTICLE 7 - VACATION of the August 1, 1995 This will reflect our understanding that those former SSW Engineers who are covered by this Implementing Agreement and who are presently covered by the above agreement provision shall be entitled to obtain the benefits of said ARTICLE 7 and ARTICLE 17 for the calendar year 1999 if said vacation is already earned under existing SSW agreements at the time of implementation of this Agreement. Thereafter, vacation benefits shall be as set forth in the controlling agreement on the merged territory. If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
Side Letter No. 3 This refers to the Merger Implementing Agreement entered into this date between Union The parties hereto realize that the merger of the former properties into a unified system is a Familiarization will be a large undertaking, and it is to the benefit of both parties that this It is understood that familiarization will be accomplished in accordance with Article V - If the foregoing adequately and accurately sets forth our agreement in this regard, please so Yours truly,
Side Letter No. 4 This has reference to the Merger Implementing Agreement for the Salina Hub entered into this During our negotiations there was considerable discussion surrounding the operational changes resulting from a merger of UP and SSW operations. Specifically, it was your observation that the merged operation might possibly require an increased amount of transporting of Engineers, and your Organization has concerns regarding the quality of the vehicles presently used for transporting Engineers, as well as the drivers of said vehicles. It was Carrier's position that there are existing procedures available to resolve any complaints regarding deficiencies in crew transportation and, as such, this was not a proper topic for inclusion in a Merger Implementing Agreement. Without prejudice to the positions of the respective parties as set forth above, the Carrier believes it is in the best interests of all parties that routine, unannounced safety audits of crew transportation contractors be conducted, and that a process be established for prompt investigation and, if necessary, resolution of complaints of specific instances of deficiencies in this area. In this regard, this will confirm my advice given you during our negotiations that Carrier agreed it would direct its designated manager to contact a Local Chairman to be designated by your Organization for the purpose of scheduling and conducting field safety audits of transportation contractors in the hub. These safety audits will include, but not be limited to, inspection of vehicles, unannounced rides, interviewing crews, and meeting drivers. These safety audits will be performed no less frequently than quarterly. If issues are raised by the safety audits which cannot be resolved to the satisfaction of your Respectfully,
Side Letter No. 5 This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. During our execution of this Agreement, it was understood that the parties may discover errors or omissions relating to mile post designations, crew district mileages, etc. It is not the intent of either party to hold the other party to such items simply because there was simply not time to verify them for accuracy. If the foregoing adequately and accurately describes our agreement in this matter, please so Yours truly,
Side Letter No. 6 This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. I. Engineers who participate in the roster formulation process for the Salina Hub who presently hold engine service seniority outside the Salina Hub will be handled as follows: a. All engine service seniority outside the Salina Hub will be held in abeyance and may not b. When subsequent implementing agreements are concluded in other hubs which 1. The exercise of such option shall be considered a seniority move and shall be at 2. An Engineer utilizing this provision to select a different hub will forfeit all seniority II. The rights set forth in (b) above may only be exercised to the extent that there is an unfilled need for Engineers at such hub at the time rosters for such hub are formulated. Carrier reserves the right to limit the number of such requests made based upon manpower requirements and the number accepted will be in seniority order. In the event such move will create a shortage of Engineers within the Salina Hub the Carrier may hold such applicant for a reasonable amount of time to allow for a replacement. III. When all of the hubs involving Engineers with former SSW system seniority have been completed, the Organization may serve notice upon Carrier to meet and negotiate the details surrounding a onetime "Sadie Hawkins Day" for such Engineers to make one final, irrevocable move to a hub, which will be without relocation cost to the Carrier. The parties will resolve at this meeting the matters of shortages and/or surpluses in the various hubs, as well as method of seniority integration into the hub to which moving. It is understood this Agreement is made without prejudice to the position of any party, does not constitute a precedent, and may not be cited or referred to by any party in any other negotiations or proceedings. If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
Side Letter No. 7 This refers to the Merger Implementing Agreement for the Salina Hub. During our negotiations your Organization raised some concern regarding the intent of Article VIII - Savings Clauses, Item C thereof. Specifically, it was the concern of some of your constituents that the language of Item C might subsequently be cited to support a position that "other applicable agreements" supersede or otherwise nullify the very provisions of the Merger Implementing Agreement which were negotiated by the parties. I assured you this concern was not valid and no such interpretation could be applied. I pointed The purpose of Item C was to establish with absolute clarity that there are numerous other In conclusion, this letter of commitment will confirm that the provisions of Article VIII - Savings Yours truly,
Side Letter No. 8 This has reference to the Merger Implementing Agreement for the Salina Hub entered into this During our discussions regarding the time frame for calculating TPA's, the representatives of If the foregoing accurately describes our Agreement in this matter, please so indicate by Yours truly,
Side Letter No. 9 This has reference to our negotiations covering the Merger Implementing Agreement entered This will confirm the advice given to you, i.e., that when an Engineer ties up on the Hours of Service before reaching the objective terminal, the Carrier will make every reasonable effort to relieve subject Engineer and transport him to the tie up point, expeditiously. The Carrier recognized the interests of the railroad and its Engineers are best served when a train reaches the final terminal within the hours of service. In the event this does not occur, the Carrier is committed to relieving that Engineer and providing transportation as soon as practical. It is understood that this commitment contemplates transportation in the form of passenger vehicle, and Engineers shall not be transported to the tie-up point after Hours of Service tie-ups by means of train except in case of emergency or extraordinary circumstances which make providing a vehicle impossible. In the event the Organization feels that this commitment is not being observed at a particular location, the General Chairman shall promptly contact the Director of Labor Relations in writing stating the reasons or circumstances thereof. Within ten (10) days after being contacted the Director of Labor Relations will schedule a conference between the parties to discuss the matter and seek a resolution. The conference will include the appropriate General Manager or his designate. Yours truly,
Side Letter No. 10 This refers to the Merger Implementing Agreement entered into this date between the Union In our discussions regarding Article IV, this will confirm Carrier's commitment to provide copies of the designated collective bargaining agreement referenced therein to all former SSW and UP (former MP Upper Lines) Engineers comprehended by this Implementing Agreement at the earliest possible date, but no later than by date of implementation of this Agreement. Yours truly,
Side Letter No. 11 This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. In discussing the relocation benefits in Article VII of the Agreement, we discussed the situation 1. Upon actual implementation of the Merger Implementing Agreement the Engineer 2. The sale of the residence occurred at the same location where claimant was working 3. The sale of the residence occurred after the date of this Agreement. If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
This has reference to the Merger Implementing Agreement for the Salina Hub entered into this During our negotiations the Organization requested a commitment from the Carrier that no If the foregoing adequately and accurately sets forth our agreement regarding this matter, Yours truly,
Side Letter No. 13 This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. During our negotiations we discussed Engineers holding seniority in the hub who were on leave of absence for medical, union officer, carrier officer, and other such reasons. We agreed these Engineers would be treated as if they were working in the craft for the purposes of roster slotting on the dovetailed roster and for prior rights purposes. As such they will be included on the new rosters with the same status they currently hold. Should they return to service as an Engineer, they will be covered under the hub agreement in accordance with their seniority. If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. During our discussions regarding Article V - Familiarization, we reviewed some of the problems experienced in implementing other hubs. A process which was adopted in the Denver and Salt Lake City Hub was introduced and the parties agreed to apply it to the Salina Hub. Specifically, it was agreed that during implementation of the hub Engineers will not be removed from their regular assignments to become peer trainers, and any Engineer required to assist an Engineer on a familiarization trip will be compensated on a trip by trip basis as follows: "Engineers who work their assignment (road and yard service) accompanied by an Engineer Engineers will be required to submit a time slip indicating he/she was required to train another Engineer and shall include the name of the Engineer taking the familiarization trip on the time slip. It was understood the terms of this understanding shall be applicable for only the first 180 days following date of merger implementation; thereafter, existing agreement provisions will apply. This understanding is without prejudice or precedent to either party. If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
Side Letter No. 15 This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. Prior to implementation of this Agreement, the Carrier and Organization will schedule and convene a meeting in Wichita, Kansas to develop equity data for roster formulation and slotting of freight pools associated with the Salina Hub. The results of this meeting will be appended to this Agreement prior to it being disseminated for a ratification vote. This meeting will be conducted by Carrier Labor Relations Officers and the appropriate Local Chairmen for the territories concerned. The Carrier will provide the sources of equity data and the Local Chairmen will provide the Carrier with the necessary equity percentages for roster slotting and formulating. In the event the Local Chairmen are unable to agree upon equity percentages, the Carrier will make such determinations and will not be subject to any claims or grievances as a result thereof. If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
Side Letter No. 16 This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. Because SSW system seniority extends through the Kansas City, Salina and Dalhart Hubs, the Carrier agreed to make certain commitments regarding operations in the Salina and Dalhart Hubs in order that Pratt Engineers may make a more informed decision regarding roster slotting for the Kansas City and Salina Hubs. Specifically, Carrier committed as follows: 1. To the extent possible, existing manpower at Herington will be used to staff the Herington-Pratt pool operations. If Pratt Engineers are needed to fulfill the need at Herington, the minimum necessary will be relocated to Herington, and those volunteering to relocate will be paid relocation under Article VIII.B. of this Agreement. If insufficient Engineers volunteer, some Engineers may be forced to Herington in reverse seniority. Under these circumstances, Article VIII.B. benefits would still apply. The parties shall meet and reach agreement on the number and method of force assignments to Herington. 2. Pratt Engineers will relinquish rights to Herington-Pratt pool service in order to maximize the number of Engineers who can remain at Pratt. After implementation of the Salina Hub Agreement, Pratt Engineers shall protect only freight service between Pratt and Dalhart. 3. The Dalhart Hub negotiations will be bound by the following general commitments: a. Dalhart Engineers will relinquish pool freight runs to Pratt. In other words, the doubleheaded pool between Dalhart and Pratt will be eliminated, and pool freight service between Pratt and Dalhart will be a single-headed pool with Pratt as home terminal. b. The Carrier and Organization will agree upon an attrition arrangement whereby the It is understood the above provisions are without prejudice to Carrier's position and may not be cited by either party in any other proceeding. These provisions are adopted for the express purpose of dislocating the least number of Engineers presently residing at Pratt and, as such, the Organization will cooperate in the Dalhart Hub negotiations in achieving the most operational efficiencies possible within the framework of these commitments by the Carrier. If the foregoing adequately and accurately sets forth our agreements in this matter, please so Yours truly,
Side Letter No. 17 This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. In discussing the issue of whether Oakley or Sharon Springs should be the location of the 1. Oakley will continue to be the location for the extra board. 2. The Oakley Extra Board may perform HOS relief as far as Hugo to the west and Ellis to the 3. Local or road switcher assignments shall be headquartered at Oakley if operationally possible, and so long as customer demands do not require otherwise. 4. In consideration of the above, there shall be no prohibition against advertising/operating local assignments which are bulletined to work in both directions out of Oakley; in the alternative, the parties may agree to establish road switcher assignment(s) at Oakley with limits of Sharon Springs and Ellis. If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
This refers to the Merger Implementing Agreement for the Salina Hub entered into this date, As discussed, there are currently a group of Engineers in training for Dalhart/Pratt. Under the SSW Agreement and seniority provisions, some of these trainees bid the training vacancies from Herington with the hope they could hold seniority in the Salina Hub after implementation of the merger. It was agreed that these trainees would stand to be canvassed for establishment of seniority in the Salina Hub if the roster sizing numbers are such that there are roster slots for them. If not, there is no requirement that they be added to the Salina Hub roster. If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. The original Salina Hub Agreement entered into on June 27, 1997 referenced the territory from Marysville to Herington via Topeka as falling under the Salina Hub. During our discussions we reviewed this territory and the potential of pool operations being established between these points with home terminal of Herington. As a result of these discussions, the parties agreed that if such pool operations should be instituted at some future date after implementation, the parties would meet in advance of such institution of service to discuss and clarify certain issues relative to such service. The issues for discussion include, but are not limited to, the following: 1. Evaluation/calculating equities between Zone 2 of the Salina Hub and Zone 2 of the Kansas 2. Establishing the terms and conditions of the runs under the CBA designated in the Salina Hub. 3. Re-calculation of the New York Dock protective period under this Hub Agreement for those 4. Implementation procedures for institution of such pool service. 5. Familiarization. 6. This Side Letter does not preclude the parties from discussing other operations in this corridor should service requirements change. If the foregoing adequately and accurately sets forth our agreement in this matter, please so Yours truly,
Side Letter No. 20 This refers to the Merger Implementing Agreement entered into this date between the Union During our negotiations we discussed the issue of Engineers who may be force assigned out Carrier expressed its position this situation was unlikely to occur, but in the interests of 1. An Engineer who is unable to hold any assignment in his prior rights zone and is force 2. This arrangement applies only to those Engineers holding prior rights zone seniority in the If the foregoing adequately and accurately sets forth our agreement in the matter, please so Yours truly,
Q.1. What is the impact of the terminal operations at terminals where both the former UP and SSW had yards/terminal operations being "consolidated into a single operation"? A.1. In a consolidated terminal, all road crews can receive/leave their trains at any location within the boundaries of the new consolidated Terminal and may perform work anywhere within those boundaries pursuant to the applicable collective bargaining agreement. The Carrier will designate the on/off duty points for road crews. All rail lines, yards, and/or sidings within the Terminal are considered as common to all crews working in, into and out of the Terminal and all road crews may perform all permissible road/yard moves pursuant to the applicable collective bargaining agreements. Q.2. Is it the intent of this agreement to use Engineers beyond the 25-mile zone? A.2. No. Q.3. Since the 25-mile zone provisions specify that Engineers may be called to receive "the train for which they were called", does this preclude their use under such 25-mile zone provision for any other train? A.3. Yes, unless other pre-existing local agreements or practices permit otherwise. Q.4. What is intended by the words "at the basic pro rata through freight rate" as used in this A.4. Payment would be at the high (unfrozen) through freight rate of pay which is applicable to the service portion of the trip. Q.5. How will initial terminal delay be determined when performing service as in the 25-mile zone ? A.5. Initial terminal delay for Engineers entitled to such payments will be governed by the applicable collective bargaining agreement and will not commence when a crew operates back through the on-duty point. Operation back through the on-duty point shall be considered as operating through an intermediate point. Q.6. How is a crew which received their train in the twenty-five (25) mile zone on the far side of the terminal compensated? A.6. When so used, the crew shall be paid an additional one-half (1/2) basic day at the basic pro rata through freight rate for this service in addition to the district miles of the run. if the time spent beyond the terminal is greater than four (4) hours, they shall be paid on a minute basis at the basic pro rata through freight rate. Miles within the 25-mile zone shall not be added to the district miles of the run. Time spent within the zone does not factor into the computation of overtime; however, if the time spent within the zone, if factored into the computation of overtime, would produce road overtime earnings for the tour of duty in excess of the minimum four (4) hour payment, the higher overtime earnings would apply. Q.7. If a crew in the twenty-five (25) mite zone is delayed in bringing the train into the origin terminal so that it does not have time to go to the destination terminal, what will happen to the crew? A.7. If the crew had operated back through the origin terminal, they will be transported to the Q.8. In regards to Question 6 above. What happens if a crew in the twenty-five (25) mile zone is delayed and does not depart the origin terminal a second time? A.8. If the crew origin terminal is the home terminal will be released at the origin terminal and paid a basic day, including overtime when applicable, in addition to the minimum of four (4) hours at the basic pro rata through freight rate for working the 25-mile zone. If the origin terminal is the away terminal, the crew will be deadheaded to the destination terminal, except in cases of emergency (i.e., Acts of God, derailment, etc.). Q.9. Is it the intent of this agreement to use Engineers in the 25-mile zone if not qualified to operate on that territory? A.9. No. It is not the intent of this agreement to require Engineers to operate against their will within the 25-mile zone if not familiar with such territory. Q.10. Do the 25-mile zone provisions, including the pay provisions thereof, apply to all Engineers? A.10. These provisions apply equally to pre-1985 Engineer, post-1985 Engineers, and Q.11. Is the 1/2 day at the basic pro rata through freight rate for operating in the 25-mile zone frozen and/or is it a duplicate payment/special allowance? A.11. No, it is subject to future wage adjustments and it is not a duplicate pay/special allowance. Q.12. At locations common to other hubs, such as Pratt and Wichita, is it understood that the right of a Salina Hub Engineer to reach out 25 miles beyond the terminal to provide Hours of Service relief under the 25-mile zone provisions of this Agreement is dependent upon reciprocal 25- mile zone agreements in those hubs? A.12. Yes. Q.13. When an Engineer is used for hours of service relief at the away from home terminal pursuant to this Agreement may he be used to provide relief for more than one train? A.13. No, when the Engineer returns to the away from home terminal after performing hours of service relief (on only one train) he will stand first out upon arrival subject to rest and he shall next be either deadheaded or perform actual service to the home terminal. Q.14. What does the phrase "interchange rules are not applicable for intra-carrier moves within the terminal" mean? A.14. This refers to movements between locations, points or yards of the former pre-merger roads (i.e., UP, SP, DRGW and SSW). Interchange rules do not apply to such movements. ARTICLE II - SENIORITY CONSOLIDATIONS Q.1. What is the status of pre-October 31, 1985 trainmen/firemen seniority? A.1. Trainmen/firemen seniority will be in negotiations/arbitration with the appropriate Organization. Employees will be treated as firemen should they not be able to hold as an Engineer. Those currently "treated as" will continue such status. Q.2. What is the status of post-October 31, 1985 trainmen/firemen seniority? A.2. A post-October 31, 1985 Engineer will exercise their seniority as a trainman/fireman in ARTICLE III - EXTRA BOARDS Q.1. Will extra boards established under this section be confined to protecting extra work A.1. All extra boards will only protect extra work home terminaled within one zone. After Q.2. Are these guaranteed extra boards? A.2. The provisions of the designated collective bargaining agreement shall apply. ARTICLE IV - APPLICABLE AGREEMENTS Q.1. When the Merger Implementing Agreement becomes effective what happens to existing claims previously submitted under the prior agreements? A.1. The existing claims shall continue to be handled in accordance with the former agreements and the Railway Labor Act. No new claims shall be filed under those former agreements once the time limit for filing claims has expired. ARTICLE V - FAMILIARIZATION Q.1. An Engineer who makes familiarization trips only on the portion of the geographic territory where he intends to work may later exercise to another part of the territory with which he is not familiar. Does this Agreement apply to the necessary additional familiarization trips? A.1. Yes, no matter how much time has elapsed from date of implementation of this Agreement. Q.2. Who will approve an Engineer as being properly familiarized on a new territory? A.2. An Engineer will not be considered qualified on a new territory until check ride is given by the designated Carrier officer as per the requirements of 49 CFR, Parts 240.127 and 240.129. Q.3. May a brakeman, conductor, other employee not specified in the Agreement be used to A.3. No. Q.4. If an unqualified Extra Engineer stands first out for an assignment and the next Extra Engineer is qualified, may the first out Extra Engineer be run-around? A.4. No. The first out Extra Engineer will be called for the assignment and the next out Engineer qualified will be called to act as a pilot. Q.5. How shall a qualified Engineer used as pilot be compensated? A.5. The same as if he had operated the train. ARTICLE VI - IMPLEMENTATION Q.1. How will Local Chairmen assisting in the implementation process be treated for protection A.1. Local Chairmen assisting the Carrier in implementing the Agreement shall be paid the greater of their earnings or their protection. While assisting the Carrier in the implementation process they shall be governed by basic New York Dock protection reduction principals when laying off (other than company service while assisting in implementation) or absent for any reasons. They will not be required to occupy the higher rated job or position during implementation period. ARTICLE VII - PROTECTIVE BENEFITS AND OBLIGATIONS Section A: Q.1. How will test period earnings be calculated for employees returning to service following A.1. Their test period earnings will be the average of the test period earnings of the two (2) Q.2. How will test period earnings be calculated for part time union officers? A.2. In the same manner as question 1, Answer 1 above. Q.3. How does the Carrier calculate test period earnings if, during the last twelve (12) months, an employee has missed two (2) months compensated service? A.3. The Carrier will go back fourteen (14) months (or however many months necessary) to Q.4. How will an employee be advised of his test period earnings? A.4. Test periods will be furnished to each individual and their appropriate General Chairman. Q.5. An employee is off one or more days of a month in the test period account of an on-duty A.5. Yes, if the employee performed other compensated service during the month. Q.6. An Engineer protects an extra board which pays a bonus day to an employee who stays A.6. Yes. Q.7. Is vacation pay received during the test period considered as compensation? A.7. Yes. Q.8. If an Engineer is on vacation the entire month and the vacation pay therefor is less than his TPA, would he be entitled to draw a displacement for the difference? A.8. Yes. Q.9. How is length of service calculated? A.9. It is the length of continuous service an employee has in the service of the Carrier, as defined in the Washington Job Protection Agreement of 1936. Q.10. If an employee has three years of engine service and three years of train service, how many years of protection will they have? A.10. Six. Q.11. Claims for a protection guarantee are subject to offset when an employee is voluntarily absent. How are such offsets computed? A.11. A prorated portion of the guarantee is deducted for each twenty-four (24) hour period or portion thereof. The proportion varies depending on the number of days in the month and the rest days of a regularly assigned employee. For example, in a thirty (30) day month, the through freight deduction would be 1/30th. For an employee assigned to a six (6) day local, the proration would be 1/26th or 1/27th, depending on how rest days fell. For an unassigned yard employee, the proration would be anywhere from 1/20th to 1/24th, depending on how the rest days fall. A deduction will not be made for an employee required to lay-off due to mileage regulations. Q.12. An employee assigned to the extra board lays off for one day. During the period of lay-off, he would not have otherwise had a work opportunity. What offset should be made in the employee's protective claim? A.12. A pro rata portion of the guarantee is deducted, such proportion depending on the number of days in the month, i.e., 1/28th, 1/29th, 1/30th or 1/31st. [Except mileage regulation lay-off]. Q.13. What prorated portion of a protection guarantee will be deducted for an employee working on a guaranteed extra board whereon such employee is entitled to lay off up two (2) days per month without deduction of the extra board guarantee? A.13. No deduction will be made from the protection guarantee for the first two (2) days of layoff during the month. Layoffs in excess of two (2) will result in a prorated deduction from the protection guarantee on the basis of the number of days in the month for each day of layoff in excess of two. [Except mileage regulation lay-off.] A.14. The Carrier will periodically post job groupings identifying the highest to lowest paid jobs. Q.15. Will specific jobs be identified in each grouping? A.15. Pools, locals and extra boards, with different monetary guarantees, may be identified Q.16. What rights does an employee have if he is already covered under labor protection provisions resulting from another transaction? A.16. Section 3 of New York Dock permits employees to elect which labor protection they wish to be protected under. By agreement between the parties, if an employee has three years remaining due to the previous implementation of lnterdivisional Service the employee may elect to remain under that protection for three years and then switch to the number of years remaining under New York Dock. If an employee elects New York Dock then he/she cannot later go back to the original protection even if additional years remain. It is important to remember that an employee may not receive duplicate benefits, extend their protection period or count protection payments under another protection provision toward their test period average for this transaction. Q.17. Will the Carrier offer separation allowances? A.17. The Carrier will review its manpower needs at each location and may offer separation allowances if the Carrier determines that they will assist in the merger implementations. Article I Section 7 of New York Dock permits an employee that is "dismissed" as defined by New York Dock to request a separation allowance within seven days of his/her being placed in dismissed status in lieu of all other benefits. Q.18. Does an employee who elects to exercise his seniority outside the Salina Hub and not A.18. The certification agreed to under Article VII applies only to those employees who are slotted on the newly formed prior rights Zone 2 Salina Hub roster. All employees on prior rights Zone 1 roster have already been certified under the June 27, 1997 Agreement. Q.19. In applying the "highest rated job" standard to a protected employee, may the Carrier require an employee to take a higher rated job (or use those earnings as an offset against the protection guarantee) which would require a change in residence? A.19. No, unless the job is protected from that source of supply point. Q.1. Who is required to relocate and is thus eligible for the allowance? A.1.An Engineer who can no longer hold a position at his location and must relocate to hold a position as a result of the merger. This excludes Engineers who are borrow outs or forced to a location and released. Q.2. Are there mileage components that govern the eligibility for an allowance? A.2. Yes, the Engineer must have a reporting point farther than his old reporting point and at least 30 miles between the current home and the new reporting point and at least 30 miles between reporting points. Q.3. Can you give some examples? A.3. The following examples would be applicable. Example 1: Engineer A lives 80 miles east of Wichita and works a yard assignment at Example 2: Engineer B lives 35 miles east of Herington and goes on duty at the SP yard office Example 3: Engineer C lives in Pratt and is unable to hold an assignment at that location and Example 4: Engineer D lives in Wichita and can hold an assignment in Wichita but elects to Q. 4. Why are there different dollar amounts for non-home owners and homeowners? A. 4. New York Dock has two provisions covering relocating. One is Article I Section 9 Moving O. 5. Why is there a set amount offered on loss on sale of home? A. 5. It is an in lieu of amount. Engineers have an option of electing the in lieu of amount or claiming New York Dock benefits. Some people may not experience a loss on sale of home or may not want to go through the procedures to claim the loss under New York Dock. Q. 6. What is loss on sale of home for less than fair value? A. 6. This refers to the loss on the value of the home that results from the Carrier implementing this merger transaction. In many locations the impact of the merger may not affect the value of a home and in some locations the merger may affect the value of a home. Q. 7. Can you give an example? A. 7. Prior to the merger announcement a home was worth $60,000. Due to numerous employees transferring from a small city the value drops to $50,000. Upon approval of the sale by the Carrier employee is entitled to $10,000 under Section 12 and the expenses provided under Section 9, or the owner can claim the in lieu of amount of $30,000. Q. 8. If the parties cannot agree on the loss of fair value what happens? A. 8. New York Dock Article I Section 12 (d) provides for a panel of real estate appraisers to Q. 9. What happens if an employee sells a home valued at $50,000 for $20,000 to a family A. 9. That is not a bona fide sale and the employee would not be entitled to either an in lieu of Q. 10. What is the most difficult part of New York Dock in the sale transaction? A. 10. Determine the value of the home before the merger transaction. While this can be done Q.11. Are there any seniority moves that are eligible for an allowance? A.11. Yes. A seniority move that permits another employee who would have otherwise been forced to move to remain at the same location will be eligible for an allowance. The move may not trigger other relocation allowances. SIDE LETTER NO. 2 Q. 1. Will an Engineer gain or lose vacation benefits as a result of the merger? A. 1. SSW Engineers will retain the number of weeks vacation earned for 1998 and 1999 that they would have earned under their previous vacation agreement. Beginning with the 2000 calendar year they will be treated as if they had always been a UP Engineer and will earn identical vacation benefits as a UP Engineer who had the same hire date and same work schedule. Q. 2. When the agreement is implemented, which vacation agreement will apply? A. 2. The vacation agreements used to schedule vacations for 1998 will be used for the remainder of 1998 and in 1999. Q. 3. Will personal leave be applicable to SSW Engineers in 1998? A. 3. Personal leave days for SSW Engineers will apply effective January 1, 1999. The number of ATTACHMENT “B”
1. 2. Basic Day/Rate of Pay - The provisions of the November 7 ,1991, Implementing Agreement 3. 4. Meal Allowances and Eating En Route - Meal allowances and eating en route will be 5. Overtime - Employees who have an Engineer/train service seniority date prior to October 31, 6. Held Away from Home Time - Engineers in pool freight service held at other than home 7. Runarounds - Engineers not called in their turn will be allowed one-half basic day and stand NOTE: The provisions listed above are terms and conditions that currently apply to
MILEAGE OF RUNS
(A) Elect to maintain present coverage. (B) Elect to accept the health and welfare coverage applicable to the territory to which transferred. An employee failing to make an election within the above time frame shall be considered as (Employee Name) |
