PLAINVILLE BRANCH ABANDONMENT
| Description:
BETWEEN THE UNION PACIFIC RAILROAD COMPANY (hereinafter referred to as the "Carrier") and its employees represented by THE UNITED TRANSPORTATION UNION (hereinafter referred to as the "Organization") PLAINVILLE BRANCH ABANDONMENT WHEREAS, on June 26, 1993, the Carrier filed a petition with the Interstate Commerce commission (hereinafter, I.C.C.), seeking authority to discontinue operations over and abandon the following segments of track: Abandon and discontinue operations over a portion of the Plainville Branch from railroad milepost 0.00 near Salina to milepost 102.00 near Plainville, a distance of approximately 102.0 miles in Saline, Ottawa, Lincoln, Russell, Osborne, and Rooks Counties, Kansas. WHEREAS, it is anticipated that in approving the application, the ICC will impose the labor protective conditions of Oregon Short Line Railroad Co. - Abandonment Goshen, 360 ICC 91 (1979) hereinafter referred to as the "Conditions"; and WHEREAS, the Carrier and the Organization desire to have an implementing agreement in place and effective if and when the I.C.C. approves the above described transaction; IT IS HEREBY AGREED: SECTION 1 - DISPLACEMENT OR DISMISSAL The Carrier will certify as adversely affected by the transactions one (1) conductor and one (1) brakeman identified in Side Letter #1. The following shall apply for the certified employees: (a) Not later than sixty (60) days following the transaction, the employee shall submit claim to the Carrier indicating the transaction, and the date of such. This claim can be made by The claim is to be submitted to: (b) Once an employee is certified for protective benefits, it will no longer be necessary to submit claim form 32180 for monthly protective benefits except when in furloughed status, and for the first month after an employee returns to service after being sick, injured, on leave of absence, suspended or discharged. SECTION 2 - ELECTION OF PROTECTIVE BENEFITS (a) There shall be no duplication of benefits by an employee under this agreement and any other agreement or protective arrangement. In the event an employee is eligible for protection under this agreement as well as other agreements or protective arrangements, such employee shall e furnished their test period earnings and protected rate and shall within thirty (30) days thereafter, with copy to the General Chairman, make an election in (b) Employees referred to in this Section who elect the protective benefits of this Agreement shall be entitled to revert to the benefits of the protective conditions not selected upon the SECTION 3 - RELOCATION (a) Relocation benefits are available to employees required to change their point of employment as a result of a transaction and who are required to change their place of residence within their protective period. A change of residence is not required if Short Line are as follows: Moving Expenses: Expenses of moving household and personal effects. Traveling expenses of employee and family including living expenses. Employee's own wage loss during transfer, for a maximum of 3 three days. Losses from home removal: An employee who owns his/her own home may, at his option, be reimbursed by the carrier for any loss sustained on the sale of his home at less than its fair market value (the difference The carrier protects an employee leasing his/her home against any loss or cost required to secure cancellation of the lease separate arbitration provisions are provided to resolve (b) The term "home" means the single primary residence of the employee and which is used for residential purposes only. If an employee owns and occupies a mobile home as his/her residence, it will be treated as a "home" under applicable provisions of this agreement. In order to receive the benefits which attach to a "homeowner," the employee must furnish the Carrier a copy of the deed to their residence, with an original Notary Public signature. (c) "Change in place of residence" as used in the Oregon Short Line conditions shall mean the transfer to a work location which is located either (i) outside a radius of 30 miles of the (d) Any employee who is required to change his or her place of residence because of this transaction, or the representative of that employee, may notify the UP official signatory hereto before the employee relocates his or her residence so that the ways and SECTION 4 - CLAIMS OR DISPUTES Any claims or disputes arising from this transaction regarding the application of the Conditions shall be handled directly between the General Chairman and the Carrier's highest designated officer authorized to handle such claims. Any disputes not resolved shall be disposed of pursuant to the provisions of the Conditions. SECTION 5 - SAVINGS CLAUSES (a) To the extent the rules of the Schedule Agreement may conflict with this Agreement, this Agreement shall apply. (b) The negotiations which led to this Agreement are 5 independent of any other negotiations and will not be cited by either party in any further negotiations. SECTION 6 - IMPLEMENTING AGREEMENT This Agreement, which constitutes an Implementing Agreement fulfilling the requirements of the Conditions, shall be effective as of the date the trackage described herein is abandoned. Signed on this 18th day of January 1994, at Omaha, Nebraska. United Transportation Union E A Eickmann – General Chairman Union Pacific Railroad L L Lamber– Director – Labor Relations
January 18, 1994
Dear Sir: This refers to the implementing agreement covering the abandonment of the Plainville Branch and our discussion concerning the Oregon Short Line labor protective conditions and Section 1. It was agreed the required labor protective conditions would be satisfied by certifying as adversely affected the following conductor and brakeman: Conductor J A Leaf -----------------------------------ss# If the foregoing correctly reflects our understanding in this matter, please so indicate by signing in the space provided. Yours truly, L. L. LAMBERT AGREED:
Dear Sir: This refers to the implementing agreement covering the abandonment of the Plainville Branch and our discussion concerning how the assignments at Salina should be ranked so an employee would know if he/she has placed on the highest rated assignment in order to retain or obtain full earnings protection under the Oregon Short Line protective conditions. It was agreed the assignments at Salina would be ranked in the following order: Salina - Kansas City Pool If the foregoing correctly reflects our understanding in this matter, please so indicate by signing in the space provided. Yours truly, L. L. LAMBERT AGREED: |
