EXPANDED SALINA HUB AGREEMENT
| Description:
MERGER IMPLEMENTING AGREEMENT (Expanded Salina Hub) between the UNION PACIFIC RAILROAD COMPANY Southern Pacific Transportation Company and the UNITED TRANSPORTATION UNION PREAMBLE The U.S. Department of Transportation, Surface Transportation Board ("STB") approved the merger of the Union Pacific Corporation ("UPC"), Union Pacific Railroad Company/Missouri Pacific Railroad Company (collectively referred to as "UP") and On June 4, 199B, the Carriers served notice of their Intent to merge and consolidate operations generally in the following territories: Union Pacific: Salina to Kansas City (not including Kansas City and Topeka) Southern Pacific: (SSW) Pratt to Kansas City via Herington (not including Pratt, Topeka or Kansas City) Pursuant to Section 4 at the New York Dock protective conditions, in order to IT IS AGREED: ARTICLE I WORK AND ROAD POOL CONSOLIDATIONS The following work/road pool consolidations and/or modifications will be made to A. Zone 1 - Senior District 1. Territory Covered: Salina to Sharon Springs Salina to Kansas City (not including Topeka or Kansas City) Salina to Sid (end-of-track) The above includes all UP main lines, branch lines, industrial leads, yard tracks and stations between or located at the points indicated. Where the phrase "not including" is used above, It refers to other than through freight operations, but does not restrict through freight crews from operating into/out of such terminals/points or from performing work at such terminals/points pursuant to the designated collective bargaining agreement provisions. 2. The existing territories covered by the UP-UTU Salina Hub Agreement dated June 27, 1997 shall encompass Zone 1 of the expanded Salina Hub Agreement and no modifications will be made to such territories unless specifically referenced herein. 3. The terms of the UP-UTU Salina Hub Agreement of June 27,1997 shall remain in full force and effect under this Agreement, as pertains to Zone 1, unless otherwise modified herein. 4. The terminal limits of Salina are as follows: Salina: M.P. 187.26 - West 5. Trainmen 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 trainmen between the on/off duty location and the designated lodging facility. All trainmen 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 trainmen, with these on/off duty points having appropriate facililies as currently required in the collective bargaining agreement or by applicable governmental statute or regulations. B. Zone 2 - Seniority District 1. Territory covered: Ellis to Sharon Springs The above includes all UP main lines, branch lines, industrial leads, yard tracks and stations between or located at the points indicated. Where the phrase "not including" is used above, it refers to other than through freight operations, but does not restrict through freight crews from operating into/out of such terminals/points or from performing work at such terminals/points pursuant to the designated collective bargaining agreement provisions. 2. The terms of the UP-UTU Salina Hub Agreement of June 27,1997 shall remain in full force and effect under this Agreement, as pertains to Zone 2, unless otherwise modified herein. 3. The terminal limits of Sharon Springs are as follows: Sharon Springs: UP terminal limits at Sharon Springs are established by this Implementing Agreement. 4. Trainmen of the Denver Hub were granted rights in the Supplemental 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 trainmen. 5. Trainmen protecting service in the terri10ry described above shall be provided lodging at the away-from-home terminal pursuant to existing agreements and the Carrier shall provide transportation to trainmen between the on/off duty location and the designated lodging facility. All trainmen may leave or receive their trains at any location within the 6. The parties hereto recognize there are unique operational requirements pertaining to trainmen performing service in Zone 2. Therefore, without prejudice to the position of any party, it is agreed: a. Oakley will continue to be the location for the extra board protecting all extra service in Zone 2. b. Local or other road assignments in Zone 2 may work between Ellis (vicinity of M.P. 303) and Arapaho (vicinity of M.P. 430). This includes work, wreck, or assignments servicing customers located between or at the stations indicated. c. Local or road switcher assignments shall be headquartered at Oakley, if operationally possible, and so long as customer demands do not require otherwise. There shall be no Nothing in Article I.B.6 above shall be construed as precedent and shall not cited by either party in any future negotiations or proceedings. C. Zone 3 - Seniority District 1. Territory Covered: The above includes all UP and SSW main lines, branch lines, industrial leads, yard tracks and stations between or located at the points indicated. Where the phrase "not including" is used above, it refers to other than through freight operations, but does not restrict through freight crews from operating into/out of such terminals/points or from performing work at such terminals/points pursuant to the designated collective bargaining agreement 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. Trainmen operating between Herington and Kansas City may utilize any combination of UP or SSW trackage between such points. a. In the event Carrier elects not to use a pool crew on a straightaway move, Hours of Service relief of trains operating Herington to Kansas City which have reached Topeka or b. In the event Carrier elects not to use a pool crew on a straightaway move, Hours of Service relief of trains operating Kansas City to Herington shall be protected by the extra board at Herington if the train has reached Topeka or beyond. If it has not reached Topeka, a rested away-from-home terminal crew at Kansas City will be used on a straight-away move. If none rested or available, the extra board at Herington may be used 3. The existing former SSW Pratt to Herington pool operation will be preserved under this Agreement, except the home terminal will be changed to Herington. Pratt will serve as the away-from-home terminal. Sufficient number of trainmen will be relocated to Herington to effect this change. a. In the event Carrier elects not to use a pool crew on a straightaway move, Hours of Service relief of trains operating Herington to Pratt shall be protected by the extra board at Pratt If the train has reached Inman or beyond; if exhausted, a rested away-from-home terminal crew at Pratt may be used, and such crew will thereafter be either deadheaded home or placed first out for service or deadhead on their rest. If the train has not reached Inman or beyond. a home terminal pool crew at Herington will be used. b. In the event Carrier elects not to use a pool crew on a straightaway move. Hours of Service relief of trains operating Pratt to Herington shall be protected by the extra board at Herington if the train has reached Inman or beyond. If it has not reached Inman. a rested away-from-home terminal crew at Pratt will be used on a straight-away move. If none rested or available, the extra board at Herington may be used beyond Inman. NOTE: Under Items 2 and 3 above. the establishment of Herington as a terminal for the corridor between Kansas City and Pratt does not constitute any restriction on operations through Herington by trains originating at Salina or Wichita. 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. except for the provisions of Article 11.1 (b) thereof. which shall continue to apply to the pool operation described below. 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. a. In the event Carrier elects not to use a pool crew on a straightaway move. Hours of Service relief of trains operating Wichita to Salina shall be protected by the extra board at Salina If the train has reached Lost Springs or beyond. If none rested or available. a rested away-from-home pool crew may be used and such crew will thereafter be deadheaded home or placed first out for service or deadhead on their rest. If the train has not reached Lost Springs. a home terminal pool crew at Wichita will be used. b. In the event Carrier elects not to use a pool crew on a straightaway move. Hours of Service relief of trains operating Salina to Wichita shall be protected by the extra board at Wichita If the train has reached Lost Springs or beyond. If the train has not reached Lost Springs. a rested away-from-home terminal crew at Salina will be used. If none rested or available. the extra board at Wichita may be used beyond Lost Springs. c. Trains which have expired under the Hours of Service at a location within 25 miles of Herington in either direction toward Wichita or Salina may be relieved and operated into Herington by the extra board at Herington for later re-crewing. 5. Local, work, wreck, and other extra freight service may operate between Wichita and Salina with home terminal of either Wichita or Salina . 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 trainmen 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 trainman. When so used, the trainman shall be paid an additional one-half (%) day at the basic pro rata 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 pro rata 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. Pratt: M.P. 292.33 East Winfield: M.P 248.7 East
10. Trainmen 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 the terminal to their destination without claim or complaint from any other trainman. 11. Trainmen protecting through freight service in the pool described in Article I.D.2. above shall be provided lodging at the away-from-home terminal pursuant to existing agreements and the Carrier shall provide transportation to trainmen between the on/off duty location and the designated lodging facility. All trainmen may leave or receive their C. Herington Terminal 1. All UP and SSW operations within the new Herington Terminal limits shall be consolidated into a single operation. The terminal includes all UP and SSW main lines, branch lines, industrial leads, yard tracks and stations between or located at the points indicated. All UP and SSW road crews may receive or leave their trains at any location 2. All UP and SSW rail lines, yards and/or sidings within the Herington Terminal will be considered as common to all trainmen 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 trainmen from the seniority district where such assignments are home D. At all terminals the Carrier will designate the on/off duty points for all road crews, with these on/off duty points having appropriate facilities as currently required in the designated collective bargaining agreement or by applicable governmental statue or E. In all of the zones, when local, work, wreck, HOS relief or other such unassigned road runs are called or assigned which operate exclusively within the territorial limits of one of the zones established in this Agreement, such service shall be protected by trainmen in such zone. If such run or assignment extends across territory encompassing more than one zone contemplated by this Agreement, it will be protected by trainmen in the zone 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 Trainmen Seniority Roster - UP/UTU Salina Merged Roster #1 will be created for trainmen holding seniority in the territory comprehended by this Agreement on the date of implementation of this Agreement. (Where the word "trainmen" is used in 1. Switchmen/brakemen placed on these rosters will be dovetailed based upon the employee's current seniority date. If this process results in employees having identical dates, seniority will be determined by the age of the employees with the older employee 2. Conductors placed on this roster shall reflect the exact UP and SSW relative standings as exists on the dovetailed brakeman roster; however, within such relative standing both former UP and SSW conductors shall rank in the same order that they did on their former B. Employees assigned to the newly-created zone seniority rosters for Zones 2 and 3 shall be afforded prior rights on said zones. Placement on these rosters and awarding of prior rights to said zones shall be based upon the following: 1. Zone 2 - This roster will consist of former UP trainmen with rights on Salina (Roster Nos. 360301 and 360401) and Oakley (Roster Nos. 072301 and 072401). a. The prior rights roster for Zone 2 will consist of a prior rights conductor and brakeman roster. 2. Zone 3 - This roster will consist of former UP trainmen with rights on Wichita (Roster Nos. 058311, 058411 and 058511) and Coffeyville (Roster Nos. 059312 and 059412) and former SSW trainmen with rights on SSW Pratt (Roster Nos. 304301, 304401 and 304501), Salina and SSW Herington (Roster Nos. 303301, 303401 and 303501). a. The prior rights roster for Zone 3 will consist of a prior rights conductor, brakeman and yardman (Wichita) roster. C. Employees holding seniority on one (1) of the prior rights zones will be afforded common seniority on the other zones in the Salina Hub. New employees hired after the date of this Agreement shall hold common seniority on all zones in the Salina Hub. D. Entitlement to assignment on prior rights Zones 2 and 3 and to the master roster shall be by seniority order canvass of the employees holding seniority in the territory, subject to roster sizing limits. Prior to the roster formulation process, the Organization and the Carrier shall reach agreement upon the total number of employees assigned to the expanded Salina Hub master seniority roster. E. With the creation of the new seniority district described herein, all previous seniority outside the Salina Hub held by trainmen on the new roster shall be eliminated and all seniority inside the new hub held by trainmen outside the district shall be eliminated. All pre-existing prior rights, top and bottom, or any other such seniority arrangements in existence prior to formulation of the Salina Hub, if any, are of no further force or effect and the provisions of this Article shall prevail in lieu of thereof. G. Trainmen who have been promoted to engine service and hold engine service seniority inside the Salina Hub shall be placed on the appropriate roster using their various trainmen seniority dates. ARTICLE III • EXTRA BOARDS A. The following extra boards shall be established to protect vacancies and other extra board work into or out of the Salina Hub or in the vicinity thereof. It is understood whether or not such boards are guaranteed boards is determined by the designated collective bargaining agreement. Further, nothing in this Agreement may be construed to require the continued maintenance of an extra board when there is insufficient work to justify its existence. 1. Wichita One (1) Extra Board (combination conductor/brakeman/switchman) to protect all service at or in the vicinity of Wichita. This board will also protect the service between 2. Hutchinson One extra board (combination conductor/brakeman/switchman) to protect all extra service at or in the vicinity of Hutchinson. 3. Herington - One (1) Extra Board (combination conductor/brakeman) 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 3. Salina - No change from the June 27, 1997 Agreement. 4. Oakley - One (1) Extra Board (combination conductor/brakeman) to protect all extra service in Zone 2. In the event it is exhausted, this board will be supplemented by the extra board at Salina. 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 A. The Carrier has selected the Collective Bargaining Agreement currently in effect between the Union Pacific Railroad Company and the UTU Union Pacific Eastrn District including all applicable national agreements and all other side letters and addenda. Firemen shall likewise be governed by the current UP-UTU Eastrn District Agreement. Except as specifically provided herein, the system and national collective bargaining agreements, awards and interpretations shall prevail. 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 as modified by subsequent national agreements, awards and implementing documents and those set forth below. For ready reference, sections of existing rules are attached in Attachment "B". C. Trainmen 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. Trainmen assigned to the Hub on the effective date of this Implementing Agreement (including those engaged in trainmen training on such date) shall have entry rate provisions waived. Trainmen hired after the effective date of the Agreement shall be subject to National Agreement rate progression provisions. . D. Former SSW trainmen who are covered by this Implementing Agreement and who were formerly covered by an SSW Vacation Agreement shall be entitled to obtain the benefits of said SSW Vacation Agreement for the balance of the calendar year 1998, and for the calendar year ·1999 if otherwise earned in 1998. Thereafter, vacation benefits shall be set forth by the UP-UTU Eastern District Agreement on the merged territory. E. A two-hour (2') call time for trainmen will apply in the entire territory comprehending the Salina Hub. F. Trainmen 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 trainmen) shall have no further force and effect, and the literal industry application of the national agreement rules shall apply throughout the Hub. G. Except where specific terminal limits have been detailed in this Agreement, it is not intended to change existing terminal limits under applicable agreements. H. Actual miles will be paid for runs in the Salina Hub. Examples are illustrated in Attachment "C". ARTICLE V • FAMILIARIZATION A. Trainmen will not be required to lose time or "ride the road" on their own time in order to qualify for the new operations. Trainmen will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory. Issues concerning individual qualifications 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 and Local Chairmen in implementing this Section. Issues concerning individual qualifications shall be handled with the local Operating Officer and Local Chairman. If not resolved at the local level, then the matter shall be referred to the General Chairman and Labor Relations for further handling. ARTICLE VI-IMPLEMENTATION A. The Carrier will give at least thirty (30) days' written notice of its intent to implement this Agreement. B. 1. Concurrent with the service of its notice, the Carrier will post a description of Zone 1 and 2 described in Article I herein. 2. Ten (10) days after posting of the information described in B1 above the appropriate Labor Relations Personnel, CMS Personnel, General Chairman and Local Chairmen will convene a workshop to implement assembly of the merged seniority rosters. At this workshop, the representatives of the Organization will participate with the Carrier in constructing consolidated seniority rosters as set forth in Article II of this Implementing Agreement. 3. Dependent upon the Carrier's manpower needs, the Carrier may develop a pool of representatives of the Organization, with the concurrence of the General Chairmen, which, in addition to assisting in the preparation of the rosters, will assist in answering the trainmens questions, including explanations of the seniority consolidation and implementing agreement issues, discussing merger integration issues with the local Carrier officers and coordinating with respect to CMS issues relating to the transfer of trainmen from one zone to another or the assignment of trainmen to positions. 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. 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. Trainmen 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. 1. After all assignments are made, trainmen assigned to positions which require them to relocate will be given the opportunity to relocate within the next thirty (30) day period. During this period, the affected trainmen may be allowed to continue to occupy their existing positions. If required to assume duties at the new location immediately upon implementation date and prior to having received their thirty (30) days to relocate, such trainmen will be paid normal and necessary expenses at the new location until relocated. Payment of expenses will not exceed thirty (30) calendar days. 2. The Carrier may, at its option, elect to phase-in the actual pool consolidations which are necessary in the implementation of this Agreement. Trainmen will 'be given ten (10) days' notice of when their specific relocation/reassignment is to occur.
A. All trainmen and firemen who are listed on the Zones 2 and 3 prior rights Salina Hub merged rosters shall be considered adversely affected by this transaction and consolidation and will be subject to the New York Dock protective conditions which were imposed by the STB. It is understood there shall not be any duplication or compounding of benefits under this Agreement and/or any other agreement or protective arrangement. 1. Carrier will calculate and furnish TPA's for such employees to the Organization as soon as possible after implementation of the terms of this Agreement. The time frame used for calculating the TPA's in accordance with New York Dock will be the twelve (12) month period immediately preceding date of implementation. 2. In consideration of blanket certification of all employees covered by this Agreement for wage protection, the provisions of New York Dock protective conditions relating to "average monthly time paid for" are waived under this Implementing Agreement. 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 trainmen hired prior to the effective date of this Agreement. B. Trainmen 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 providing proof of actual relocation. 3. Homeowners in Item 2 above who provide proof of a bona fide sale of their home at fair value at the location from which relocated shall be eligible to receive an a) This option shall expire within five (5) years from date of application for the 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 prescribed 4. With the exception of Item 3 above, no claim for an "in lieu of" relocation allowance will be accepted after two (2) years from date of implementation of this Agreement. 5. Under no circumstances shall an employee be permitted to receive more than one (1) "in lieu of' relocation allowance under this Implementing Agreement. 6. Trainmen receiving an "in lieu or relocation allowance pursuant to this Implementing Agreement will be required to remain at the new location, seniority permitting, for a period of two (2) years. ARTICLE VIII • CREW CONSIST A. Upon implementation of this Agreement all crew consist productivity credits that cover employees in the Salina Hub shall be frozen pending payment of the shares to the employees both inside the Hub and outside the Hub. A new productivity fund shall be created on implementation day that will cover those employees in the Salina Hub. The funds that cover employees outside the Hub shall continue for employees who remain B. Payments into the new productivity fund shall be made in compliance with the UPED Crew Consist Agreement. Those employees who would have participated in the shares of productivity funds prior to the merger had they been initially hired on the UPED shall be eligible to participate in the distribution of the new fund. C. Employees who would have been covered under the UPED special allowance provisions had they been hired originally on the UPED shall be entitled to a special allowance under those provisions. D. Article V.F. of the June 27, 1997 Salina Hub Merger Implementing Agreement shall be extended to t:-:s additional employees establishing seniority in the expanded Salina Hub under this Agreement, i.e., any employee with a seniority date prior to April 21, 1997, shall be eligible to hold a reserve board position, seniority permitting, as outlined therein. ARTICLE IX • FIREMEN A. This Agreement covers firemen. Pre-October 31, 1985 firemen will only have B. Post October 31, 1985 firemen shall continue to be restricted to mandatory fireman assignments and if unable to work an engineer's assignment within the Salina Hub, they will be required to exercise their train service seniority. C. The seniority rosters for firemen will be a straight seniority dovetail roster maintaining existing prior rights. D. It is the Carrier's intent to execute a standby agreement with the Organization which represents firemen on the former SSW. Upon execution of that Agreement, said firemen on the former SSW will be fully covered by this Implementing Agreement as though the Organization representing them had been Signatory hereto.
Employees of the former UP who are working under the collective bargaining agreement designated in Article IV.A. of this Implementing Agreement belong to the Union Pacific Hospital Association. Former SSW employees are presently covered under United Health Care (former Travelers GA-23000) benefits. Said former SSW employees will have ninety (90) days from date of implementation to make an election as to keeping their old ARTICLE XI - SAVINGS CLAUSES A. The provisions of the applicable Schedule Agreement will apply unless specifically modified herein. B. Nothing in this Agreement will preclude the use of any trainmen to perform work permitted by other applicable agreements within the new seniority districts described herein, i.e., yardmen performing Hours of Service Law relief within the road/yard zone, 10 trainmen 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 employees 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 XII - EFFECTIVE DATE This Agreement implements the merger of the Union Pacific and Southern Pacific railroad operations in the area covered by Notice dated January 30, 1998. Signed at ______ this __ ,day of ______ -', 1998. FOR THE UNITED FOR THE CARRIER:
MR R D HOGAN MR DON L HOLLIS Gentlemen: This refers to the Merger Implementing Agreement entered into this date between the Union Pacific Railroad Company, Southern Pacific Lines and the United Transportation During our negotiations we discussed Agreement provisions involving life insurance UTU - C& T: Articles 4 and 6 of the Agreement dated May 1, 1996 UTU - S: Articles 2 and 8 of the Agreement dated May 21, 1996 It was your position that coverage's provided by the former agreement should be preserved for the former SSW employees covered by this implementing Agreement. This will confirm that Carrier agreed that these insurance premiums would be maintained at current levels and would be grand fathered to those former SSW employees who are covered by this Implementing Agreement and who are presently covered under those plans. These insurance premiums will be maintained at current levels for such employees for a six (6) year period commencing January 1, 199B, unless extended or modified pursuant to the Railway Labor Act. It is understood this Agreement is made without prejudice to the positions of either If the 'foregoing adequately and accurately sets forth our agreement in this matter.
AGREED:
MR R D HOGAN MR DON L HOLLIS MR A MARTIN III Gentlemen: This refers to the Merger Implementing 'Agreement entered into this date between Union Pacific Railroad Company, Southern Pacific Lines and the United Transportation Union. Familiarization will be a large undertaking, and it is to the benefit of both parties that this process begin as soon as possible so that implementation can occur in a more orderly and rapid manner. Therefore, it is understood that Carrier may begin qualifying trainmen on unfamiliar territory, to the extent it is feasible based upon operational and manpower constraints, between time of execution of this Implementing Agreement and date of implementation thereof. It is understood that familiarization will be accomplished in. accordance with Article V - Familiarization of this Agreement. Employees making familiarization trips which involve If the foregoing adequately and accurately describes our agreement in this regard, please so indicate by signing in the space provided for that purposes below.
Side Letter No.3 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III Gentlemen: This has reference to the Merger Implementing Agreement entered into this date. During our negotiations we discussed the issue of conductor promotion, and specifically the need to complete the conductor promotion classes on all the territories within the Salina Hub on an expedited basis so that the merged conductor rosters can be finalized. In this regard it was agreed that the parties will mutually commit to an expedited process of scheduling/conducting conductor promotion classes throughout the Salina Hub so that all remaining trainmen have had the opportunity to participate in such program on or before July 1, 1999. Trainmen promoted to conductor during this window of opportunity shall be given a seniority date as conductor in accordance with the terms of the preexisting agreement under which they were working prior to this Implementing Agreement. If the foregoing adequately and accurately describes our agreement in this regard, please so indicate by Signing in the space provided for that purpose below. Yours truly,
Side Letter No.4 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
This has reference to the Merger Implementing Agreement entered into this date. 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 would require an increased amount of transporting of crews, and your Organization has concerns regarding the quality of the vehicles presently used 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 If issues are raised by the safety audits which cannot be resolved to the satisfaction of
MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
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 indicate by signing in the space provided for that purpose below. Yours truly,
Side Letter No.6 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
This has reference to the Merger Implementing Agreement for the Salina Hub entered into this date. During our discussions regarding vacations, the Carrier's attention was directed to the fact that certain former Rock Island trainmen on the SSW are entitled to use their former Rock Island seniority date for purposes of determining length of vacation. This letter will confirm Carrier's commitment to preserve and honor said arrangement. Yours truly,
Side Letter No.7 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
1. Trainmen presently working in the Salina Hub who elect not to stay and participate in the formulation of the new rosters for the Salina Hub will forfeit all existing seniority they may hold in any portion of the Salina Hub. 2. Trainmen presently working outside the Salina Hub who hold existing seniority in any portion of the Salina Hub who elect not to participate in the formulation for new rosters for the Salina Hub will forfeit all existing seniority in any portion of the Salina Hub. 3. Trainmen participating in the roster formulation process for the Salina Hub who presently hold trainmen's seniority outside the Salina Hub will be handled as follows: a. All trainman seniority outside the Salina Hub will be held in abeyance and may not be utilized for any purposes except as outlined below. b. When subsequent implementing agreements are concluded in other hubs which encompass the seniority described in a. above, which has been held in abeyance, such seniority may be exercised in the roster formulation process for such hub(s) subject to the following limitations: (1) The exercise of such option shall be considered a seniority move and shall be at the employee's own expense. (2) A trainman utilizing this provision to select a different hub will forfeit all seniority in the Salina Hub. (3) Trainmen making application for a relocation allowance in this hub will be considered as forfeiting the options set forth in this Side Letter. 4. The rights set forth in (b) above may only be exercised to the extent that there is an unfilled need for trainmen 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 trainmen within the Salina Hub the Carrier may hold such applicant for a reasonable amount of time to allow for a replacement. 5. If applications are declined under (4) above, they will be considered in the future on a seniority order basis prior to the Carrier posting a bulletin or advertisement for new trainmen trainees. 6. Trainmen accepting the option set forth in (5) above will be placed at the bottom of the common roster at the new hub with a new seniority date. If the foregoing adequately and accurately describes our agreement in this regard, please so indicate by signing in the space provided for that purpose below. Yours truly,
Side Letter No.8 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
The following was agreed to in the application of Article VII.A.3. regarding calculation of TPA's. 1. In the case of any full time Union Officer holding seniority in this hub who may return to active service, the TPA for such employee shall be determined by calculating the average of the TPA's of the two full time employees above and below the said Union Officer on the roster in the same class of service and using that average for purposes of applying protective benefits. 2. The General Chairman will furnish Carrier with a list of the monies paid to part time union officers by their Committee for the performance of union business, and such 3. Employees who held reserve board positions during the test period shall be treated in the same manner described in 1. above. 4. All compensation for services performed during the test period, even though some If the foregoing adequately and accurately describes our agreement in this matter, please Yours truly,
Side Letter No. 9 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
This refers to the Merger Implementing Agreement entered into this date between the Union Pacific Railroad Company, Southern Pacific Lines, and the United Transportation 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 UP and SSW trainmen comprehended by this Implementing Agreement at the earliest possible date, but no later than by date of implementation of this Agreement. It is understood the reference to UP trainmen applies only to those who were not previously covered by the designated collective bargaining agreement.
Side Letter No.10 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
During our discussions regarding the time frame for calculating TPA's, the representatives of the former SSW expressed the view that since all of the trainmen If the foregoing accurately describes our Agreement in this matter, please so indicate by signing in the space provided for that purpose below. Yours truly,
Side Letter No.11 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
In discussing the relocation benefits in Article VII.B. of the agreement, we discussed the situation where an employee may desire to sell his home prior to the actual implementation of the merger. Carrier committed to you that such employee would be entitled to treatment as a "homeowner" for relocation benefits purposes provided: 1. Upon actual implementation of the Merger Implementing Agreement the employee meets the requisite test of having been "required to relocate", 2. The sale of the residence occurred at the same location where the employee was working immediately prior to implementation, and 3. The sale of the residence occurred after the date of this Agreement. It is understood that no employee may qualify for "homeowner" relocation benefits if they did not own their home (or were under a purchase agreement) on the date of service of the notice for the Salina Hub, i.e., June 4, 1998. If the foregoing adequately and accurately sets forth our agreement in this matter, please Yours truly,
Side Letter No.12 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
This refers to the Merger Implementing Agreement for the Salina Hub entered into Since the "fiscal year" for administration of personal leave days on the former UP Eastern If the foregoing adequately and accurately sets forth our agreement in this matter, please so indicate by signing in the space provided for that purpose below.
Side Letter No.13 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
This refers to the Merger Implementing Agreement for the Salina Hub entered into this date. 1. In the event employees at Pratt desire to relocate to Herington in proportion to the number or pool turns and extra board positions being moved to Herington, such requests will be given first consideration. Should this not be the case, to the extent possible, existing manpower at Herington will be used to staff the Herington-Pratt pool operations. 2. Upon implementation of this Agreement, Pratt trainmen will relinquish rights to Herington-Pratt pool service. After implementation of the Salina Hub Agreement, Pratt trainmen shall protect only freight service between Pratt and Dalhart, including the extra board and regular assignments now home terminated at Pratt. 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. If the foregoing adequately and accurately sets forth our agreements in this matter, Yours truly,
Side Letter No.14 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
This has reference to our negotiations covering the Merger Implementing Agreement entered into this date between the Union Pacific Railroad Company, Southern Pacific Lines and the United Transportation Union. During these negotiations, the Organization expressed concern that crews who expire on the Hours of Service Law would not be transported in a timely manner to the destination terminal. This will confirm the advice given to you, i.e., that When a crew ties up on the Hours of 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.4 MR R D HOGAN MR DON L HOLLIS MR A MARTIN III
This refers to the Merger Implementing Agreement for the Salina Hub entered into It is understood that trainmen of the Denver Hub were awarded certain work at Oakley which this implementing brings under the scope of the Salina Hub and removes from the scope of the Denver Hub. In consideration of this, the following is agreed to. The current application of the Denver Hub Agreement provides that a pre-July 1, 1997 trainman may not occupy a reserve board position if a post-July 1, 1997 trainman is working in the hub. To the extent that trainmen in the Salina Hub with a seniority date prior to June 27, 1997 (the date of the original Salina Hub Agreement) are occupying regular assignments, including extra board, headquartered in Zone 2 (Ellis to Sharon Springs), an equivalent number of reserve board positions in Zone 1 of the Denver Hub may be occupied by pre-July 1, 1997 Denver Hub trainmen irrespective of the presence of post July 1, 1997 trainmen working in the Denver Hub. If the foregoing adequately and accurately sets forth our agreement in this matter, please so indicate by signing in the space provided for that purpose below: Yours truly,
A.1. In a consolidated terminal, all UP and SSW road crews can receive/leave their Q2. How is a crew, which received their train twenty-five (25) miles on the far side of the A.2. When so used, the crew shall be paid an additional one-half (Y2) basic day for this Q3. If a crew in the twenty-five (25) mile zone is delayed in bringing the train into the A.3. If the crew has operated back through the origin terminal, they will be transported Q4. In regards to Question 3 above. What happens if a crew in the twenty-five (25) mile A.4. If the origin terminal is the home terminal, the crew will be released at the origin Q5. In regards to Question 2 above, what happens if a crew in the twenty-five (25) mile A.5. No, If a crew spends more than eight (S) hours in the twenty-five (25) mile zone, Q6. Is it the intent of this agreement to use trainmen beyond the 25-mile zone? A6. No ..... Q7. May the twenty-five (25) mile zone be used for inbound road crews to operate up A.7. No, The 25-mile zone provisions apply to outbound crews at their origin terminal Q8. What is intended by the words "at the basic prorate through freight rate" as used Q9. How will initial terminal delay be determined when performing service as outlined A.9. Initial terminal delay for trainmen entitled to such payments will be governed by the Q10. At locations common to other hubs, such as Wichita and Winfield, etc., is it A.10. Yes. Q11. When a crew is used for hours of service relief at the away-from-home terminal A.11. No, when the crew returns to the away-from-home terminal after performing hours Q1. How shall the seniority of employees on an inactive roster pursuant to previous UP A.1. They will not be canvassed at time of roster formulation, and the inactive roster shall Q2. What "existing agreement provisions" govern in this hub with regard to forcing prior A.2. The parties have agreed to use the date of June 27,1997, the date of the previous ARTICLE'" - EXTRA BOARDS Q1. Will extra boards established under this section be confined to protecting extra work A.1. Except where specifically provided, all extra boards will only protect extra work Q.2. Are these guaranteed extra boards? A.2. The provisions of the designated collective bargaining agreement shall apply.
Q1. When the Merger Implementing Agreement becomes effective what happens to A.1. The existing claims shall continue to be handled in accordance with the former Q2. Will a trainman gain or lose vacation benefits as a result of the merger? A.2. SSW trainmen will retain the number of weeks vacation earned from the 1998 and Q3. When the agreement is implemented, which vacation agreement will apply? A.3. The vacation agreements used to schedule vacations for 1998 will be used for the Q4. Will personal leave be applicable to SSW trainmen in 1998? A.4. Personal leave days for SSW trainmen will apply effective January 1, 1999. The ARTICLE VII- PROTECTIVE BENEFITS AND OBLIGATIONS Section A: Q1. How will test period earnings be calculated for employees returning to service A.1. Their test period earnings will be the average of the test period earnings of the two (2) employees next junior and two (2) employees next senior to such individual Q2. How does the Carrier calculate test period earnings if, during the last twelve (12) A.2. The Carrier will go back fourteen (14) months (or however many months necessary) Q3. How will an employee be advised of his test period earnings? A.3. Test periods will be furnished to each individual and their appropriate General Q4. An employee is off one or more days of a month in the test period account of an on duty A.4. Yes, if the employee performed other compensated service during the month. Q5. Is vacation pay received during the test period considered as compensation? A5. Yes. Q6How is length of service calculated? Q6. It is the length of continuous service an employee has in the service of the Carrier, Q7. If an employee has three years of engine service and three years of train service, A.7. Six. Q8. How will employees know which jobs are higher rated? A8. The Carrier will periodically post job groupings identifying the highest to lowest paid Q9. Will specific jobs be identified in each grouping? A.9. Pools, locals and extra boards, with different monetary guarantees, may be identified Q10. What rights does an employee have if he is already covered under labor protection A.10. 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 Q.11. Will the Carrier offer separation allowances? . A.11. 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 Q12. Does an employee who elects to exercise his seniority outside the Salina Hub and A.12. The certification agreed to under Article VII applies only to those employees who are slotted on the newly formed Salina Hub rosters.
A.1. A trainman who can no longer hold a position at his location and must relocate to Q.2. Are there mileage components that govern the eligibility for an allowance? A.2. Yes, the employee must have a reporting point farther than his old reporting point Q.3. Can you give some examples? A.3. The following examples would be applicable. Example 1: Trainman A lives 80 miles east of Wichita and works a yard assignment at Hutchinson. As a result of the merger he is assigned to a yard job at Wichita. Because his new reporting point is closer to his place of residence no relocation allowance is given. Example 2: Trainman B lives 35 miles east of Herington and goes on duty at the SP yard office in Herington. As a result of the merger he goes on duty at the UP yard office in Herington which is one mile away. No allowance is given. Example 3: Trainman C lives in Pratt and is unable to hold an assignment at that location and must place on an assignment at Herington. The employee meets the requirement for an allowance and whether he is a homeowner, a homeowner who sells their home or a non-homeowner determines the amount of the allowance. Example 4: Trainman C lives in Pratt and is unable to hold an assignment at that location and must place on an assignment at Herington. The employee meets the requirement for an allowance and whether he is a homeowner, a homeowner who sells their home or a non-homeowner determines the amount of the allowance.
A.4. New York Dock has two provisions covering relocating. One is Article I Section 9 Q.5. Why is there a set amount offered on loss on sale of home? A.5. It is an in lieu of amount. Trainmen have an option of electing the in lieu of amount 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 Q.7. Can you give an example? A.7. Prior to the merger announcement a home was worth $60,000. Due to numerous Q8. If the parties cannot agree on the loss of fair value what happens? A8. New York Dock Article I Section 12 (d) provides for a panel of real estate appraisers 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 Q.10. What is the most difficult part of New York Dock in the sale transaction? A. 10. Determining the value of the home before the merger transaction. While this can be done through the use of professional appraisers, many people think their home is valued at a different amount. ARTICLE VIII - CREW CONSIST Q.1. Under Article VII.A., will employee protection payments be offset by productivity A.1. Yes. Those SPCSL and SSW employees whose seniority date makes them eligible ATTACHMENT "B" A.1. This Attachment is not all-inclusive and is only intended to give illustrations of the
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