SALT LAKE HUB IMPLEMENTING AGREEMENT - BLE
| Description: MERGER IMPLEMENTING AGREEMENT (Salt Lake Hub) between the UNION PACIFIC RAILROAD COMPANY SOUTHERN PACIFIC RAILROAD COMPANY and the BROTHERHOOD OF LOCOMOTIVE ENGINEERS In Finance Docket No. 32760, the Surface Transportation Board approved the merger of Union Subsequent to the filing of UP’s application, but prior to the STB’s decision, the Parties engaged in certain discussions which focused upon the Carrier’s request that the Brotherhood of Locomotive Engineers support the merger of UP and SP. These discussions resulted in the exchange of certain commitments between the Parties which were outlined in letters dated March 8, 9 and 22, 1996. Copies of these letters are attached collectively as Attachment “A” to this Agreement. In order to achieve the benefits of operational changes made possible by the transaction, to consolidate the seniority of all employees working in the territory covered by this Agreement into one common seniority district covered under a single, common collective bargaining agreement, IT IS AGREED: I. SALT LAKE HUB. II. SENIORITY AND WORK CONSOLIDATION. The following seniority consolidation will be made: A. A new seniority district will be formed and a master Engineer Seniority Roster--UP/BLE Salt 1. Engineers placed on this new roster will be dovetailed based upon the employee’s current engineer’s date. If this process results in employees having identical seniority dates, seniority will be determined by the employee’s hire date. 2. All employees placed on the roster may work all assignments protected by the roster in accordance with their seniority and the provisions set forth in this agreement. 3. New employees hired and placed on the new roster subsequent to the adoption of this agreement will have no prior rights. Any employee who enters engineer training on or after December 1, 1996, will hold no prior rights. 4. Prior rights rosters will be developed for all employees on the merged master roster reflecting their previous seniority areas that remain in the Hub. B. Engineers assigned to the merged roster with a seniority date prior to December 1, 1996, will be accorded primary prior rights and secondary prior rights with dovetail rights being the final POOL PRIMARY SECONDARY DOVETAIL SLC-MILFORD S. CENTRAL NONE YES Note 1: The Carrier does not plan Salt Lake City - Ogden pool operations and this service Note 2: Salt Lake City - Helper may be combined with either the Salt Lake City - Grand Note 3: This Section does not limit the Carrier to these pool operations. New pools Note 4: The Salt Lake City-Elko pool and the Salt Lake City-Grand Junction pool shall 1. Any engineer from a prior right area on or before December 1, 1996, but currently C. Yard crews will not be restricted in a terminal where they can operate but the following will LOCATION PRIMARY SECONDARY DOVETAIL SLC-NorthYard/Intermodal IDAHO NONE YES 1. Salt Lake City - North: Idaho. E. Locals that continue current operations shall be prior righted. Locals that operate over more than one prior rights area shall be assigned from the dovetailed roster. F. Student engineers in training on December 1, 1996, will be assigned prior rights based on the area designated in the bulletin seeking application for engine service. G. It is understood that certain runs home terminaled in the Salt Lake Hub will have away-fromhome terminals outside the Salt Lake Hub and that certain runs home terminaled outside the Salt Lake Hub will have away-from-home terminals inside the Salt Lake Hub. Examples are: Salt Lake City/Ogden runs to Green River and Pocatello, and Portola/Sparks to Elko. It is not the H. All engineer vacancies within the Salt Lake Hub must be filled prior to any engineer being I. All engine service seniority outside the Salt Lake Hub will be held in abeyance during the interim period. Engineers working outside the Salt Lake Hub but currently holding seniority in the Salt Lake Hub will not be able to exercise seniority into the Salt Lake Hub during the interim period. The parties will handle the seniority finalization process in a side letter. J. Engineers will be treated for vacation and payment of arbitraries as though all their service on K. WP/OUR&D employees with reserve engineer service seniority on their original railroad will not retain that seniority after the interim period and such seniority may not be used during the interim period. III. TERMINAL CONSOLIDATIONS. The terminal consolidations will be implemented in accordance with the following provisions: 1. All UP and SP pool, local, work train and road switcher operations within the 2. All road crews may receive/leave their trains at any location within the boundaries of 3. All rail lines, yards and/or sidings within the new complex will be considered as B. Provo. All UP and SP operations within the greater Provo area shall be consolidated into a C. Elko/Carlin. All UP and SP operations within the greater Elko and Carlin area shall be D. General Conditions for Terminal Operations. 1. Initial delay and final delay will be governed by the controlling collective bargaining 2. Employees will be transported to/from their trains to/from their designated on/off duty 3. The current application of National Agreement provisions regarding road work and Note: Items 1 through 3 are not intended to expand or restrict existing rules. IV. POOL OPERATIONS. A. The following pool consolidations may be implemented to achieve efficient operations in the 1. Salt Lake City - Elko and Ogden - Elko. These operations may be run as either two (a) If the pools are combined, then the former SP and WP engineers shall have prior (b) If separate pools, the Carrier may operate the crews at the far terminal of Elko as (c) The Carrier must give ten days written notice of its intent to change the number (d) Since Elko will no longer be a home terminal for pool freight operations east to 2. Salt Lake City - Green River/Pocatello and Ogden - Green River. These operations Example: The Salt Lake-Green River and Salt Lake-Pocatello pools are 3. Salt Lake City - Grand Junction/Helper/ Milford/ Provo. These operations may be 4. Helper-Grand Junction/Provo and Milford-Provo/Helper. Each of these operations 5. Other Service. Any pool freight, local, work train or road switcher service may be Note: All service, both interim and final, with on duty points at Elko, operating to 6. The operations listed in A 1-4 above, may be implemented separately, in groups or Note 1: While the Sparks-Carlin and Wendel-Carlin pools are not covered in this notice Note 2: The Portola-Elko and Winnemucca-Elko pools shall continue to operate pursuant B. The terms and conditions of the pool operations set forth in Section A 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”. 1. Twenty-Five Mile Zone - At Salt Lake City, Ogden, Elko, Milford, Grand Junction, Example: A Salt Lake City-Milford crew receives their north bound train 2. Turnaround Service/Hours of Service Relief. Except as provided in (1) above, 3. Runarounds. A terminal runaround occurs when engineers from the same pool, going to Example 1: Two engineers are called on duty in the Salt Lake-Green River pool. Example 3: Same set of facts as example 2, however, one engineer is required to go Example 4: Two engineers are called from the same pool and the first one is called Note: Crews leaving on trains located on main lines and other trackage 4. Nothing in this Section B (1), (2) and (3) prevents the use of other employees to perform C. Agreement coverage. Employees working in the Salt Lake Hub shall be governed, in addition to the provisions of this Agreement by the UP Agreement covering the BLE Northern Idaho District including all addenda and side letter agreements pertaining to that agreement, the May 31, 1996 Local/National Agreement applicable to Union Pacific and previous National Agreement provisions still applicable, except the UPED Guaranteed Extra Board Agreement shall replace the Northern Idaho Extra Board Agreement in the Salt Lake Hub. Except as specifically provided herein and in Attachment “B”, the system and national collective bargaining agreements, awards and interpretations shall prevail. None of the provisions of these agreements are retroactive. D. After implementation, the application process will be used to fill all vacancies in the Hub as 1. Prior right vacancies must first be filled by an employee with prior rights to the vacancy 2. If no prior right applications are received, then the junior prior right employee on one of 3. If there are no prior right employees on one of the boards described above covering the If no applications are received then the most junior employee on any of the boards V. EXTRA BOARDS. A. The following road/yard extra boards may be established to protect engineer vacancies and other extra board work in or out of the Salt Lake City/Ogden metro complex or in the vicinity thereof: 1. Ogden : One (1) extra board to protect the Ogden-Green River Pool, and the Ogden- 2. Salt Lake North: One (1) extra board to protect the Salt Lake-Pocatello/Green River Note: If the Carrier operates Metro Complex pools to Pocatello/ Green River and Elko 3. Salt Lake South: One (1) extra board to protect Salt Lake-Milford/Helper/Grand Note: The Carrier may operate more than the three extra boards in the Salt Lake Metro B. The Carrier may establish or keep extra boards at outside points such as Milford, Provo, Helper, Elko, Las Vegas etc., to meet the needs of service pursuant to the designated collective bargaining agreement provisions. C. At any location where both UP and SP/DRGW extra boards exist the Carrier may combine these boards into one board. VI. PROTECTION. A. Due to the parties voluntarily entering into this agreement the Carrier agrees to provide New B. This protection is wage only and hours will not be taken into account. If the interim period is less than one year, when the interim period is terminated, employees certified as part of this C. 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 2. Homeowners may elect to receive an “in lieu of” allowance in the amount of $20,000 3. Homeowners in Item 2 above, who provide proof of a bona fide sale of their home at fair (a) This option shall expire 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 4. With the exception of Item 3 above, no claim for an “in lieu of” relocation allowance 5. Under no circumstances shall an engineer be permitted to receive more than one (1) “in 6. Engineers receiving an “in lieu of” relocation allowance pursuant to this implementing D. There will be no pyramiding of benefits. E. The Test Period Average for union officers will include lost earnings while conducting business with the Carrier. F. The establishing of interim protection is without prejudice or precedent to either party’s position and will not be cited by either party. G. National Termination of Seniority provisions shall not be applicable to engineers hired prior to the effective date of this agreement. H. Employees, with New York Dock wage protection, who relocate either within or outside the Salt Lake Hub under the provisions of this Agreement shall take their New York Dock wage VII. INTERIM OPERATIONS This agreement is a final agreement covering the area described in Article I. It begins with an A. The interim period shall begin with the implementation of this agreement as outlined in Article VIII, IMPLEMENTATION. B. As traffic routing changes and surplus employees are developed, the following process will 1. First, force assigned employees shall be released 2. Second, borrow-out employees shall be released 3. Third, additional surplus will be added to the protection board. C. Each prior rights roster (DRGW, South Central, Idaho/OUR&D, UPED, WP, Las Vegas and D. If any roster(s) have a surplus and other roster(s) have borrow-outs, force assigned, or a shortage 1. The Carrier shall advise of the number of employees needed in the appropriate area. 2. The senior applicant from the other roster(s) where there are surplus shall be assigned to 3. If there are no applicants, the most junior employee on the protection board(s) shall be 4. Employees forced to relocate as a result of these provisions shall be governed by the Note 1: After the two year period identified in Article VI(C)(4) is terminated, E. The Carrier will identify other locations outside the Salt Lake Hub that either have a current F. During the interim period, at locations outside the Salt Lake Hub where shortages exist and an insufficient number of applications are received for vacant positions, the junior engineer holding a surplus position in either the Salt Lake or Denver Hub not having an application accepted to a shortage location shall be forced to the vacancy. If they are senior to other engineers working in the Hub they may displace the junior working engineer at the location where they are surplus or the junior engineer working in the Salt Lake Hub, with the junior engineer being forced to the location. An engineer may not displace a junior engineer that has different prior rights if that other engineer is utilizing those prior rights. G. Engineers on the protection board shall be paid the greater of their earnings or their protection. H. Each protection board shall be used as follows: 1. The protection board shall be a supplemental board to be used when the extra board(s) is 2. Junior employees on the protection board may be temporarily added to the extra boards to 3. If engineers on a protection board are sent to another location to familiarize themselves I. The interim period shall terminate upon sixty (60) days’ written notice by the Carrier to the VIII. IMPLEMENTATION. A. The parties have entered into this agreement to implement the merger of the Union Pacific and Southern Pacific railroad operations in the area covered by Notice 19W and any amended notices thereto. It is the parties’ intent to utilize the current work force in an efficient manner and to not require B. The Carrier shall give 30 days written notice for implementation of this agreement and the C. Prior to the movement to reserve boards or transfers outside the Salt Lake Hub, it will be IX. FAMILIARIZATION. A. Employees will not be required to lose time or “ride the road” on their own time in order to B. 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 appropriate Hub. This agreement is entered into this 8th day of April, 1997.
March 8, 1996 Mr. R. P. McLaughlin Dear Sir. As you know, Union Pacific in its SP Merger Application, stipulated to the imposition of the New Within the New York Dock conditions, Section 11 addresses disputes and controversies regarding the interpretation, application or enforcement of the New York Dock conditions (except for Sections 4 and 12). Under Section 11, perhaps the two most serious areas for potential disputes involve whether an employee was adversely affected by a transaction and what will be such employee's protected rate of pay. In an effort to eliminate as many of these disputes as possible, Union Pacific makes the following commitment regarding the issue of whether an employee was adversely affected by a transaction: Union Pacific will grant automatic certification as adversely affected by the merger to the 1023 engineers projected to be adversely affected in the Labor Impact Study and to all other engineers identified in any Merger Notice served after Board approval. Union Pacific will supply BLE with the names and TPA's of such employees as soon as possible upon implementation of approved merger. Union Pacific also commits that, in any Merger Notice served after Board approval, it will only seek those changes in existing collective bargaining agreements that are necessary to implement the approved transaction, meaning such changes that produce a public transportation benefit not based solely on savings achieved by agreement changes(s). Union Pacific commits to the foregoing on the basis of BLE's agreement, after merger approval, In view of Union Pacific's position regarding the issues of New York Dock protection and the Sincerely,
Mr. R. P. McLaughlin Dear Sir: This refers to my letter of March 8, 1996, outlining our respective commitments relative to BLE's support of the UP/SP merger. At an informal meeting regarding this matter there were several other related issues discussed, and this letter confirms the substance of those discussions. Union Pacific recognizes that implementing a merger of UP and SP will be a complex During our discussions, I agreed to meet with BLE in advance of the serving of New York Dock notices to try to come to consensus on various aspects of the implementing agreement process. Conceptually, it appears the parties are in agreement that our discussion of process should include the following topics: • A discussion of what will be contained in the notices, whether they will be all-inclusive • An effort to separate the focus of negotiations into logical regions/corridors and prioritize • General understandings and/or guidelines regarding size of the respective negotiating
The final issue which was discussed pertained to integration of seniority as a result of postmerger consolidations and implementing agreements. BLE asked if Union Pacific would defer to the interested BLE committees regarding the method of seniority integration where the committees were able to achieve a mutually agreeable method for doing so. In that regard, Union Pacific would give deference to an internally devised BLE seniority integration solution, so long as; 1) it would not be in violation of the law or present undue legal exposure; 2) it would not be administratively burdensome, impractical or costly; and 3) it would not create an impediment to implementing the operating plan. I trust that the foregoing accurately reflects our discussions. Sincerely,
Dear Sir: This refers to my March 8 letter and to our March 8 meeting in Las Vegas, both of which dealt At the March 8 meeting, we reached an understanding that the certification provided for in the The UP/SP merger is approved on August 1. The implementing agreement with the BLE is
s/ John J. Marchant
Dear Sir: This refers to my letter of March 9, 1996, dealing with when certification begins. In the event the SP Merger leads to multiple transactions with different implementation dates, Sincerely,
(SALT LAKE HUB) THE FOLLOWING IDENTIFIES TERMS AND CONDITIONS REFERRED TO IN ARTICLE IV(B) 1. Miles Paid - Each pool shall be paid the actual miles between the points of the run for all service 2. Basic Day/Rate of Pay - The provisions of the November 7, 1991 Implementing Agreement 3. Transportation - Transportation will be provided in accordance with Section (2)(c) of Article IX of the May 19, 1986, National Arbitration Award (BLE). 4. Meal Allowances and Eating En Route - Meal allowances and eating en route will be governed 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 Note: The provisions listed above are terms and conditions that currently apply to engineers in
HUB: A geographical area that has a single collective bargaining agreement and is a single COMPLEX: A geographical area that includes more than one terminal and road territory in between the terminals. TERMINAL: A geographical area that includes one or more yards, connecting tracks and industrial areas. OPERATIONAL NECESSITY: A change in operations as a result of the merger that requires a UNIFIED OPERATION: Combining facilities, equipment, management and manpower to achieve
Side Letter No. 1 Gentlemen: In order to ensure appropriate health and welfare coverage for affected employees, it is agreed (A) Elect to retain present coverage. OR (B) Elect to accept the health and welfare coverage applicable to the territory to An employee failing to make an election shall be considered as having retained option (A). A Yours truly, s/ W. S. Hinckley s/ Michael Young s/ Carl L. James
Exhibit “A” HEALTH AND WELFARE BENEFITS ELECTION FORM
February 1, 1997 Side Letter N o. 2 Gentlemen: During our negotiations we discussed ARTICLE 6 - LIFE INSURANCE and ARTICLE 9 DISABILITY Yours truly, General Director Labor Relations AGREED:
Side Letter N o. 3 Gentlemen:
Side Letter N o. 4 Gentlemen: They listened to the negotiations, readings of the different Sections of the agreement and listened to the debate and explanations given for them. The Carrier believes that as both Local Chairmen and as participants to the negotiations that they can play an important role in assisting other engineers in the decision making that will follow the merger implementation. As such the Carrier proposed that when the first surplus of employees was created that the BLE Local Chairman for each committee or his/her designate (in writing) shall be the first persons placed on the protection boards. While on these boards they will be placed on a hold status and will be required to be available to answer employee questions, discuss merger integration issues with local officers and help coordinate with CMS issues relating to the transfer of employees from one zone to another or outside the Hub and the assignment of employees to positions. In addition they will be performing their normal and usual duties associated with the Union Office they hold. While on this hold status they will not be rotating on the board. If they are required to relocate as a result of the merger or just learn new trackage, time will be granted for the accomplishment of these events. When there is no longer a surplus in a zone or the interim period ends they will be released back to a position their seniority permits. Yours truly,
February 1, 1997 Side Letter N o. 5 Gentlemen:
a. When the Carrier notifies the General Chairmen that there is a surplus on the b. Engineers, in seniority order, will have ten days to exercise their seniority and 2. Since these seniority moves are voluntary and not required by the merger they are not 3. Engineers will not be allowed to exercise seniority into the Hub. 4. Upon termination of the interim period, seniority within the Salt Lake Hub shall be Yours truly, AGREED:
QUESTIONS AND ANSWERS - BLE SALT LAKE HUB Q1. Does the new seniority district change switching limits at the mile posts indicated? A1. No. It is the intent of this agreement to identify the new seniority territory and not to change the Q2. Which Hub is Grand Junction in? A2. For seniority purposes engineers are in the Denver Hub, however due to the unique nature of Grand Junction being a home terminal for one Hub and away-from-home for another Hub, the extra board may perform service on both sides of Grand Junction. Q3. What Hub are the Valmy coal assignments in? A3. Because they are on duty at Elko and work to or short of Winnemucca, but not including ARTICLE II - SENIORITY AND WORK CONSOLIDATION Q4. How long will prior rights rosters be in effect? A4. They will lose effect through attrition. Q5. Since the Idaho and OUR&D rosters where top and bottomed some years ago, how do their prior rights work? A5. The OUR&D roster will be used for Ogden yard assignments and the Idaho roster will be used for the Idaho prior rights assignments. Q6. In Article II(B)(1), what does the phrase “when their services are no longer required” mean? A6. It is the parties intent to release forced and borrow out employees as soon as practical but without causing an added burden on those employees who remain in the Hub. When the change in operations result in surplus employees then the forced and borrow out employees services will no longer be required and they will be released on a one for one basis. Engineers reduced from the working list [Article II(B)(1)] will be recalled to replace engineers forced to the Hub. Forced employees may elect to remain in the Hub. Q7. In Article II(H), what does it mean when it refers to protecting all engineer vacancies within the Hub? A7. If a vacancy exists in the Salt Lake Hub, it must be filled by a prior rights employee prior to Q8. Will existing pool freight terms and conditions apply on all pool freight runs? A8. No. The terms and conditions set forth in the controlling collective bargaining agreements and this document will govern. Q9. In Article II(I), will an employee be entitled to a relocation allowance if they voluntarily move either within the Hub or outside the Hub? A9. No. Q10. Will an employee gain or lose vacation benefits as a result of the merger? A10. SP/DRGW engineers will retain the number of weeks vacation for 1997 that they would have earned under their previous vacation agreement. Beginning with the 1998 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. Q11. When the agreement is implemented, which vacation agreement will apply? A11. The vacation agreements used to schedule vacations for 1997 will be used for the remainder of 1997. Q12. Will personal leave be applicable to DRGW and SP engineers in 1997? A12. When the agreement is implemented, personal leave will be prorated for the remainder of the year. A13. Changes in on duty points within a terminal or the travel over other trackage in a terminal does not alone alter the “continue current operations” intent of the Agreement. Q14. What is the status of pre October 31, 1985 trainmen/firemen seniority or reserve status? A14. Reserve engineers status will not be maintained in the Salt Lake Hub. Employees will be treated as firemen should they not be able to hold as an engineer. Those currently “treated as” will continue such status. A15.A post October 31, 1985 engineer will exercise their seniority as a trainman/fireman in Q16. Will the Carrier continue to discuss ebb and flow issues after the merger? A16. Yes, the Carrier recognizes the benefits of discussing this issue further. ARTICLE III - TERMINAL CONSOLIDATIONS A17. The switching limits where the yard crew goes on duty. Q18. If crews go on duty in the Complex short of Ogden, is Ogden part of the initial terminal? A18. No, it is an intermediate point. ARTICLE IV - POOL OPERATIONS Q19. If the on duty point for the Salt Lake - Green River pool is moved from North Yard to Roper A19. Yes. The mileage will be from the center of Roper Yard to Green River. Q20. Can a former DRGW engineer make application for a Milford-Helper assignment? A20. DRGW engineers have secondary prior rights to this pool. Q21. Because of the elimination of Elko as a home terminal for pool service what type of job A21. The Carrier anticipates that for those engineers who remain in this area, that based on manpower needs, the guaranteed extra board will protect extra locals, branch line work (Valmy coal), yard vacancies, short turnaround service, HOSA relief work and so forth. Q22. Will the Carrier change the Las Vegas-Milford pool to a single-headed pool? A22. No, not as a result of this merger notice. Article IX of the 1986 National Award would govern any future action. Q23. If a crew in the 25 mile zone is delayed in bringing the train into the original terminal so that it does not have time to go on to the far terminal, what will happen to the crew? A23. Except in cases of emergency, the crew will be deadheaded on to the far terminal. Q24. Is it the intent of this agreement to use crews beyond the 25 mile zone? A24. No. Q25. In Article IV(B), is the ½ basic day for operating in the 25 mile zone frozen and/or is it a A25. No, it is subject to future wage adjustments and it is not duplicate pay/special allowance. Q26. How is a crew paid if they operate in the 25 mile zone? A26. If a pre-October 31, 1985 engineer is transported to its train 10 miles south of Milford and he/she takes the train to Salt Lake and the time spent is one hour south of Milford and 9 hours 17 minutes between Milford and Salt Lake with no initial or final delay earned, the employee shall be paid as follows: A. One-half basic day for the service South of Milford because it is less than four B. The road miles between Salt Lake and Milford (207). C. One hour overtime because the agreement provides for overtime after 8 hours 17 Q27. Would a post October 31, 1985 engineer be paid the same? A27. No. The National Disputes Committee has determined that post October 31, 1985 engineers come under the overtime rules established under the National Agreements/Awards/Implementing Agreements that were effective after that date for both pre-existing runs and subsequently established runs. As such, the post October 31, 1985 engineer would not receive the one hour overtime in C above but receive the payments in A & B. Q28. How will initial terminal delay be determined when performing service as outlined above? A28. Initial terminal delay for crews entitled to such payments will be governed by the applicable collective bargaining agreement and will not commence when the crew operates back through the on duty point. Operation back through the on duty point shall be considered as operating through an intermediate point. Q29. What is considered a bona fide departure under the runaround rule? A29. When the train begins its road trip it has departed. The parties recognize that the road trip has begun even if there is work to be performed in the terminal by the road crew such as pick-ups, set-outs, etc. Engineers asked to move a train for a mechanical inspection or to clear a crossing or switch has not departed. Q30. Is the identification of the UP Northern Idaho collective bargaining agreement in Article IV(C) a result of collective bargaining or selection by the Carrier? A30. Since UP purchased the SP system the Carrier selected the collective bargaining agreement to cover this Hub. Q31. When the UP Northern Idaho agreement becomes effective what happens to existing claims filed under the other collective bargaining agreements that formerly existed in the Salt Lake Hub? A31. The existing claims shall continue to be handled in accordance with those agreements and the Railway Labor Act. No new claims shall be filed under those agreements once the time limit for filing claims has expired for events that took place prior to the implementation date. Q32. In Article IV(D), if no applications are received for a vacancy on a prior rights assignment, does the prior right engineer called to fill the vacancy have the right to displace a junior prior right engineer from another assignment? A32. Yes. That engineer has the option of exercising his/her seniority to another position held by a junior prior right employee, within the time frame specified in the controlling collective Q33. Will an employee in engineer training on or before November 30, 1996, assigned prior rights in accordance with this agreement be entitled to bump an engineer only having common rights holding an assignment in his/her prior rights territory? A33. Yes. ARTICLE V - EXTRA BOARDS Q34. How many extra boards will be combined at implementation? A34. It is unknown at this time. The Carrier will give written notice of any consolidations whether at implementation or thereafter. Q35. Are these guaranteed extra boards? ARTICLE VI - PROTECTION Q36. What is automatic certification? A36. An understanding reached by the parties that an employee will be provided the benefits of the applicable labor protective conditions without having to prove he/she was adversely affected as a result of implementation of this Agreement. Q37. How will the test period average be determined? A37. The parties have agreed to use September 1, 1995 through August 31, 1996 as the twelve month period. Normally, the twelve month period immediately prior to the implementation date is used, however, since severe flooding on the SP and UP beginning January 1, 1997, altered normal service through the central corridor, the parties agree to use the above dates. Q38. How does the Carrier calculate test period earnings if, for example, an employee missed two (2) months compensated service in 1996? A38. If an employee had no compensated service in the two (2) months, the Carrier will go back Q39. How will an employee be advised of their test period earnings? A39. Test period averages will be furnished to each individual and the General Chairman. Q40. How is length of service calculated? A40. It is the length of continuous service an employee has in the service of the Carrier with a month of credit for each month of compensated service. Q41. If an employee has three years of engineers service and three years of conductor service, how many years of protection will they have? A41. Six. Q42. How will the employees know which jobs are higher rated? A42. The Carrier will periodically post job groupings identifying the highest to lowest paid jobs. Q43. Will specific jobs be identified in each grouping? A43. Pools, locals and extra boards may be identified separately but yard jobs and road switchers will not be. Q44. How will the SP West engineers year end distribution be handled with respect to their test period average? A44. Their 1995-1996 twelve month distribution will be added to their test period average and divided by 12 to arrive at a monthly average. Q45. What will happen to their 1996-1997 distribution? A45. The value of the account will be determined at the time of implementation and their account settled at that time. Q46. What will determine if an engineer is considered a “dismissed” employee under this agreement? A46. If an employee cannot hold any engineer position other than a protection board at their current location. Q47. What triggers the seven day period in which the “dismissed” engineer must elect the separation allowance? A47.The first day that an employee is placed on a protection board and cannot hold another position. Q48. What rights does an employee have if he/she is already covered under labor protection provisions resulting from another transaction?
Q49. If an employee is displaced from his/her assignment and not immediately notified of the A49. An employee’s reduction from New York Dock protection would commence with notification or attempted notification by telephone, letter or in person, the Carrier and would continue until the employee placed themselves. Q50. Will an employee have their protection reduced while on a protection board? A50. Yes, but only for layoffs or other absences. They will be considered as holding the highest rated position when on the board. Q51. If an employee who has wage protection leaves the Hub or later returns to the Hub, how are they treated for protection purposes? A51. They will be treated as holding the highest rated job they could hold in their previous seniority district if higher than the one in their new seniority district. Q52. How will reductions from protection be calculated? A52. In an effort to minimize uncertainty concerning the amount of reductions and simplify this 1. Pool freight assignments - 1/15 of the monthly test period average will be reduced for 2. Five day assignments - 1/22 of the monthly test period average will be reduced for each 3. Six & seven day assignments - The same process as above except 1/26 for a six day 4. Extra board assignments - 1/20 of the monthly test period average will be reduced for NOTE: Engineers on extra boards that go to the foot of the extra boards after a Q53. Can you give an example of how the interim protection and regular protection will operate? A53. The following examples cover employees with less than six years of service and more than six years of service.: Example 1: Employee A has eight years of service when the agreement is Example 2: Employee B has three years of service under the same facts as example Example 3: Employee A has eight years of service when the agreement is Example 4: Employee B has three years of service under the same facts as Example 3. Employee B will have interim protection until April 1, 1998, and will begin four years Example 5: Employee C has seven years of service when the agreement is Q54. Why are there different dollar amounts for non-home owners and homeowners? A54. New York Dock has two provisions covering relocating. One is Article I, Section 9, Moving Q55. Why is there one price on loss of on sale of home? A55. It is an in lieu of amount. Employees 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 want to go through the procedures to claim the loss under New York Dock. Q56. What is loss on sale of home for less than fair value? A56. 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. Q57. If the parties cannot agree on the loss of fair value what happens? A57. New York Dock Article I, Section 12(d) provides for a panel of real estate appraisers to Q58. What happens if an employee sells the home for $20,000 to a family member? A58. That is not a bona fide sale and the employee would not be entitled to either an in lieu of payment or a New York Dock payment for the difference below the fair value. Q59. What is the most difficult part of New York Dock in the sale transaction? A59. Determine 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. Q60. Who is required to relocate and thus eligible for the allowance? A60. An employee who can no longer hold a position at his/her location and must relocate to hold a position as a result of the merger. This excludes employees who are borrow outs or forced to a location and released. Q61. Are there mileage components that govern the eligibility for an allowance? A61. Yes, the employee must have a reporting point farther than his/her 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. Q62. Can you give some examples? A62. The following examples would be applicable. Example 1: Employee A lives 80 miles north of Salt Lake and works a yard Example 2: Employee B lives 35 miles north of Salt Lake and goes on duty at the UP Example 3: Employee C lives in Elko and is unable to hold an assignment at that Example 4: Employee D lives in Salt Lake and can hold an assignment in Salt Lake Q63. Must Grand Junction DRGW engineers be forced to an assignment to be eligible for relocation benefits? A63. No, since they must relocate they may make application for other assignments. Q64. Are there any seniority moves that are eligible for an allowance?
Q65. Will engineers be allowed temporary lodging when relocating? A65. Engineers entitled to a relocation allowance shall be given temporary lodging for thirty (30) consecutive days. ARTICLE VII - INTERIM OPERATIONS Q66. Are there any restrictions on routing of traffic or combining assignments during the interim period or thereafter? A66. There are no restrictions on the routing of traffic in the Salt Lake Hub once the 30 day notice of implementation has lapsed and the interim period has begun. There will be a single collective bargaining agreement and limitations that currently exist in that agreement will govern (e.g. radius provisions for road switchers, road/yard moves etc.). However, none of these restrictions cover through freight routing. The combining of assignments are covered in this agreement. Q67. Since the protection boards will also operate as supplemental extra boards, does the Carrier intend to run extra boards short-handed? A67. No. Q68. Will Local Chairmen be subject to call on the protection board when it is used as a supplemental board? ARTICLE VIII - IMPLEMENTATION Q69. On implementation will all engineers be contacted concerning job placement? A69. No, the implementation process will be phased in and employees will remain on their Q70. How will the new extra boards be created? A70. When the Carrier gives notice that the current extra boards are being abolished and new ones created in accordance with the merger agreement, the Carrier will advise the number of Q71. At the end of the interim period what will happen to any engineers remaining on the Elko and Grand Junction protection boards? A71. They will be relocated to the Salt Lake-Ogden metroplex and be required to exercise their Q72. Will the Carrier transfer all surplus employees out of the Hub? A72. No. The Carrier will retain some surplus to meet anticipated attrition and growth, however, the number will be determined by the Carrier. Q73. Will the Carrier offer separation allowances? A73. 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. Q74. When will reserve boards be established and under what conditions will they be A74. When the interim period is over and the protection boards are canceled the parties will be Q75. What protection/relocation benefits will engineers be provided when they make the election? A75. Since this is a voluntary seniority move no additional benefits are provided. Engineers in the Salt Lake Hub who are certified will be able to take their wage protection with them however those outside the Hub who come into the Hub will not gain wage protection. None of the engineers will be entitled to relocation expenses as a result of a voluntary move at this time. Miscellaneous Q76. How will the Carrier handle the one engineer who is currently working an assignment that goes on duty at Carlin and works to Love Lock? A76. If the assignment is changed so that it does not go on duty at Carlin but at Elko, the currently assigned engineer will not be required to follow the work to the new Salt Lake Hub. The engineer will be placed on a temporary protection board at Carlin and will be further handled when that area is served a New York Dock notice. Q77. If sufficient Idaho Agreements are not available when the ratification vote is taken, what process will be used to familiarize employees with the basic provisions of that agreement? A77. Some agreements will be available to the other local chairmen. In addition, the Carrier will pay lost wages and expenses for Idaho Local Chairmen and the Vice- Local Chairmen to attend local meetings to discuss the Idaho agreement.
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