SALT LAKE HUB IMPLEMENTING AGREEMENT - SMART
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AGREEMENT (Salt Lake Hub) between the UNION PACIFIC RAILROAD COMPANY SOUTHERN PACIFIC RAILROAD COMPANY and the UNITED TRANSPORTATION UNION In Finance Docket No. 32760, the Surface Transportation Board approved the merger of Union Pacific Railroad Company/Missouri Pacific Railroad Company (Union Pacific or UP) with the Southern Pacific Transportation Company, the SPCSL Corp., the SSW Railway and the Denver and Rio Grande Western Railroad Company (SP). In approving this transaction, the STS imposed New York Dock labor protective conditions. 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. A new seniority district shall be created that is within the following area: DRGW mile post 446.5 at Grand Junction, UP mile post 161.02 at Yermo,UP mile post 665.0 and SP mile post 553.0 at Elko, UP mile post 110.0 at McCammon and UP mile post 847 at Granger and all stations, branch lines, industrial leads and main line between the points identified. II. SENIORITY AND WORK CONSOLIDATION. The following seniority consolidation will be made: A. A new seniority district will be formed and master Seniority Rosters- (UP/UTU) Salt Lake Hub-will be. created for the employees working as Conductors, Brakemen, Yardmen ( the term yardman shall; in this agreement, refer to all yard positions including foreman, helper, utility man, herder, switchtender and post October 31, 1985 hostlers) and Firemen in the Salt Lake Hub on November 1, 1996. ( The term "trainmen" is used hereafter as a generic term to include all UTU-C,T&Y represented employees and' 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 seniority dates, seniority will be determined by the employee's current hire date with the Carrier. 3. All employees placed on a roster may work all assignments protected by a roster in accordance with their seniority and the provisions set forth in this agreement. 4. New employees hired and placed on the rosters subsequent to the adoption of this agreement will have no prior rights. B. Employees assigned to· the merged rosters with a seniority date prior to November 1, 1996,will be accorded primary prior rights reflecting their previous seniority areas that remain in the Hub and secondary prior rights with dovetail rights being the final determination for selection purposes to pool· operations as follows:
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Note 2: Salt Lake City - Helper may be combined with either the Salt Lake City - Grand Junction or the Salt Lake City - Provo pool. Note 3: This Section does not limit· the Carrier to these pool operations. New pools operated on prior rights areas will have the same primary prior rights and those that operate over two prior right areas will be manned from the dovetail roster. Note 4: The Salt Lake City-Elko pool and the Salt Lake City-Grand Junction pool shall be single-headed operations with Salt Lake City as the home terminal. The Carrier shall give ten days written notice of the change to single headed pools if not given in the original 30 day implementation notice. C. Yard crews will not be restricted in a terminal where they can operate but the following will govern which employees will have preference for assignments that go on duty in the following areas: (Download full PDF for full chart)
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 prior righted based on the duty point. F. It is understood that certain runs home terminated in the Salt Lake Hub will have away from home terminals outside the Salt Lake Hub and that certain runs home terminated outside the Sal! 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. I! is not the intent of this agreement to create seniority rights that interfere with these operations or to create double headed pools. For example, Sparks will continue to be the home terminal for Sparks/Elko runs and a double headed pool will not G. All trainman vacancies within the Salt Lake Hub must be filled prior to any trainman being reduced from the working list or prior to trainman being permitted to exercise to any reserve boards. H. With the creation of the new seniority district all previous seniority outside the Salt Lake Hub held by trainmen on the new rosters shall be eliminated and all seniority inside the Hub held by trainmen outside the Hub shall be eliminated. I. Trainmen will be treated for vacation and payment of arbitraries as though all their service on their original railroad had been performed on the merged railroad. J. Trainmen who have been promoted to Engine service and hold engine service seniority inside the Salt Lake Hub and working therein on November 1,1996 shall be placed on the appropriate roster(s) using their various trainmen seniority dates. Those Engine service employees, if any, who do not have a train service date in the Salt Lake Hub shall be given one in accordance with the October 31, 1985 National Agreement. Those Engine service employees who previously came from an area that was not covered . III. TERMINAL CONSOLIDATIONS. The terminal consolidations will be implemented in accordance with the following provisions: A. Salt Lake City/Ogden Metro Complex. A new consolidated Salt Lake City/Ogden Metro Complex will be created to include the , entire area within and including the following trackage: Ogden mile posts 989.0 UP east, 3.25 UP north and 780.21 SP west and to Salt Lake City mile posts 739.0 DRGW south and 781.17 UP west. 1. All UP and SP pool, local, work train and road switcher operations within the SLC/Ogden Metro Complex shall be operated as a single carrier operation. 2. All road crews may receive/leave their 'trains at any location within the boundaries of the new complex and may perform any work within those boundaries pursuant to the controlling collective bargaining agreements. The Carrier will designate the on/off duty points for road crews within the new complex with the on/off duty points having appropriate facilities for inclement weather and other 3. All rail lines, yards and/or sidings within the new complex will be considered as common to all crews working in, into and out of the complex. All crews will be permitted to perform all permissible road/yard moves. Interchange rules are not applicable for intra-carrier moves within the complex. 4. In addition to the consolidated complex, all UP and SP operations within the greater Salt Lake City area and all UP and SP operations (including the OUR&D) within the greater Ogden area shall be consolidated into two, separate terminal operations. The existing switching limits at Ogden will now include the former SP rail line to SP Milepost 780.21. The existing UP switching limits at Salt Lake City B. Provo. All UP and. SP operations within the greater Provo area shall be consolidated into a unified terminal operation. C. Elko/Carlin. All UP and SP operations within the greater Elko and Carlin area shall be consolidated into a unified terminal operation at Elko. Carlin will become a station en route. D. General Conditions for Terminal Operations. 1. Initial delay and final delay will be governed by the controlling collective bargaining agreement, including the Duplicate Pay and Final Terminal Delay provisions of the 1985 and 1991 National Awards and implementing agreements. 2. Employees will be transported to/from their trains to/from their designated on/off duty point in accordance with Article VIII, Section 1 of the October 31, 1985 National Agreement. 3. The current application of National Agreement provisions regarding road work and Hours of Service relief under the combined road/yard service zone, shall continue to apply. Yard crews at any location within the Hub may perform such service in all directions out of their terminal. 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 Salt Lake City Hub: 1. Salt Lake City - Elko and Ogden - Elko. These operations may be run as either two separate pools or as a combined pool with the home terminal within the Salt Lake City/Ogden metro complex. This pool service shall be subject to the following: (a) If the pools are Combined, then the former SP and WP trainmen shall have prior rights on a 40/60 basis. (b) If separate pools, the Carrier may operate the crews at the far terminal of Elko as one pool back to the metro complex with the crew being transported by the Carrier back to its original on duty point at the end of their service trip . (c) The Carrier must give ten days written notice of its intent to change the number of pools or to combine the pools at Elko for a single pool returning to Salt Lake City/Ogden. 6 (d) Since Elko will no longer be a home terminal for pool freight operations east to the metro complex a sufficient number of pool and extra board employees will be relocated to the metro complex. 2. Salt Lake City - Green River/Pocatello and Ogden - Green River. These operations may be run as either one, two, or three separate pools. The Carrier shall determine whether to combine any or all of the pools and shall give ten days notice of its combining of pools. 3. Salt Lake City - Grand Junction/Helper/ Provo. These operations may be run as either one, two, or three separate pools with the home terminal within the metro complex. The carrier must give ten days written notice of its intent to change the number of pools. If run as a combined pool(s) then prior rights to the pool(s) shall be based on the percentages that existed on the day the ten day notice is 4. Helper-Grand Junction/Provo and Milford Provo/Helper. Each of these operations will be run as a single pool. 5. Other Service. Any pool freight, local, work train or road switcher service may be established to operate from any point to any other point within the new Seniority District with the on duty point within the new seniority district. Note: All service, with on duty points at Elko, operating to Winnemucca, but not including Winnemucca, shall be operated as part of the Salt Lake City Hub. 6. The operations listed in A 1-4 above, may be implemented separately, in groups or collectively, upon ten (10) days written notice by the Carrier to the General Chairman. Implementation notices governing item (5) above, shall be governed by applicable collective bargaining agreements. Note 1: While the Sparks-Carlin and Wendel-Carlin· pools are not covered in this notice it is understood that they will operate Sparks-Elko and Wendel/Elko and will be paid actual miles when operating trains between these two points pursuant to the current collective bargaining agreements and will be further handled when merger coordination are handled for that area. Note 2: The Portland Elko and Winnemucca-Elko pools shall continue to operate pursuant to the current collective bargaining agreements and will be further handled when merger coordination are handled for that area. 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. The basic Interdivisional Service conditions shall apply to all pool freight service. Each pool shall be paid the actual miles run for service and combination service/deadhead with a minimum of a basic day. 1. Twenty-Five Mile Zone - At Salt Lake City, Ogden, Elko, Milford, (Grand Junction, Helper, Provo, Green River, Las-Vegas, Yermo and Pocatello pool crews may receive their train up to twenty-five miles on the Example: A Salt Lake City-Milford crew receives their north bound train ten miles South of Milford but within the 25 mile zone limits and runs to Salt Lake. They shall be paid the actual miles established for Note: Crews receiving their trains on the far side of their terminal but within the Salt Lake-Ogden complex shall be paid under this provision. 2. Turnaround Service/Hours of Service Relief. Except as provided in (1) above, turnaround service/hours of service relief at both home and away from home terminals shall be handled by extra boards, if available, prior to setting up other employees. Trainmen used for this service may be used for multiple trips in one tour of duty in accordance with the designated collective bargaining agreement rules. Extra boards may handle this service in all directions out of a terminal that is within the Hub. 3. Nothing in this Section B (1) and (2) prevents the use of other employees to perform work currently permitted by prevailing agreements. C. Agreement coverage, Employees working in the Salt Lake Hub shall be governed, in addition to the provision of this Agreement by the. UP Agreement covering the Eastern District for both road arid yard, including all addenda and side letter agreements pertaining to that agreement, the 1996 National Agreement applicable to Union Pacific and previous National Agreement provisions still applicable. Except as specifically provided herein, the system and national collective bargaining agreements, awards and interpretations shall prevail. None of the provisions of these agreements are retroactive. Since the employees have not worked under a daily preference system in the yard the employees shall be D. After implementation, the application process will be used to fill all vacancies in the Hub as follows: 1. Prior right vacancies must first be filled by an employee with prior rights to the vacancy' who is on a reserve board prior to considering applications from employees who do not have prior rights to the assignment 2. If no prior right applications are received, then the junior dovetailed employee on a reserve board at the location who holds prior rights to the assignment will be forced to the assignment or permitted to exercise, seniority to a position held by another employee. 3. If there are no prior right employees on one of the reserve board’s covering the vacant prior right assignment, then the senior non prior right applicant will be assigned. If no applications are received then the most junior employee on any of the reserve boards will be recalled and will take the assignment or displace a junior employee. If there are no trainmen on any reserve boards, then the senior furloughed trainman in the Salt Lake Hub shall be recalled to the vacancy. When forcing or recalling, prior rights trainmen shall be forced or' recalled to prior right assignments prior to 4. Non prior right vacancies will. be filled by the senior applicant from the dovetail roster. If no applicant then the junior employee on any reserve board in the Hub shall be recalled to the vacancy in accordance with the provisions of the UPED reserve board agreement. V. EXTRA BOARDS. 1. Ogden: One conductor and one brakeman/switchmen(total of two) extra boards to protect the Ogden-Green River Pool, and the Ogden-Elko Pool (if pools are operated separately), the Ogden yard assignments and all road switchers, locals and work trains between Ogden-Green River, Clearfield-McCammon and Ogden-Elko. 2. Salt Lake North: One conductor and one brakeman/switchmen (total of two) extra boards to protect the Salt Lake- Pocatello/Green River Pool, the Salt Lake-Elko pool, all Salt Lake Yard assignments and all road switchers, locals and work ·trains between: Salt Lake to Wendover and Salt Lake to Clearfield except work trains may work all the way to Ogden Note: If the Carrier operates Metro Complex pools to Pocatello/ Green River and Elko then the above extra boards will convert to two sets of extra boards with one set covering east pool freight and one 3. Salt Lake South: One conductor/brakeman extra board to protect Salt Lake -Milford/Helper/Grand Junction/Provo pool(s) and all road switcher local and work train assignments in this area. Note: The Carrier may operate more than these, extra boards in' the Salt Lake Metro complex. When more than these extra boards are operated the Carrier shall notify the General Chairman what area B. The Carrier may establish or keep extra boards at points such as Milford, Provo, Helper, Elko, Las Vegas etc to meet the needs of service pursuant to the designated collective bargaining agreement provisions. If there are less than three yard assignments at any of these locations then the extra boards shall be conductor/brakemen/switchmen boards. If at least three yard assignments then the extra boards shall be separated into a conductor board and a brakemen/switchmen board. C. At any location where both UP and SP/DRGW extra boards exist the Carrier may combine these boards into one board. D. The Ogden and Salt Lake extra boards shall be filled off the dovetail roster. Extra Boards in prior right areas such as Milford, Las Vegas and Helper shall be filled using prior rights. Extra boards at the dual locations of Provo and Elko shall be filled on a 50/50 basis. At Grand Junction the extra board will be a combination east-west board. VI. PROTECTION VII. IMPLEMENTATION. A. This implements the merger of the Union Pacific and Southern Pacific railroad operations in the area covered by Notice 19W and any amended notices thereto. In addition, the parties understand that the overall implementation is being phased in to accommodate the cut over of computer operations, dispatching, track improvements and clerical support. B. The Carrier shall give 30 days written notice for implementation of this agreement and the number of initial positions that will be changed in the Hub. Employees whose assignments are changed shall be permitted to exercise their new seniority. After the initial implementation the 10 day provisions of the various Articles shall govern. C. Prior to the movement to reserve boards or transfers outside the Salt Lake Hub, it will be necessary to fill all positions in the Salt Lake Hub. D. In an effort to provide for employees to follow their work to areas outside the Salt Lake Hub, the Carrier shall advertise vacancies at locations outside the Hub for a period of one year from the implementation date, as long as a surplus of trainmen exist in the Hub, for employees to make application. The dovetail roster shall be used for determining the senior applicant. Should an insufficient number of applications be received then the junior surplus employee shall be forced to the vacancy. Employees who move by application or force shall establish new seniority and relinquish seniority in the Hub. VIII. CREW CONSIST. A. Upon implementation of this agreement (award) all crew consist productivity funds that cover employees in the 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 Salt Lake Hub and the funds that cover employees outside the Hub shall continue for the employees who remain outside the Hub. The Salt Lake Hub employees shall have no interest or share in payments made to those funds after implementation date. B. Payments into the new productivity fund shall be made in compliance with the UPEO crew consist agreement. Those employees who would have participated in the shares of the productivity funds had they originally been hired on the UPEO shall be eligible to participate in the distribution of the new fund except as stated in (D) below. C. Employees who would have been covered under the UPED special allowance provisions had they been hired originally on the UP Eastern District shall be entitled to a special allowance under those provisions except as stated in (D) below. D. Those employees who sold their special allowances/productivity funds previously are not entitled to those payments under this agreement (award). While the UPED crew consist agreement will govern this Hub the Carrier is not required to place yardmen/brakemen on any local, road switcher, yard or other IX. . FAMILIARIZATION. A. . Employees will not be required to lose time or "ride the road" on their own time in order to qualify for the new operations. Employees 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 X. FIREMEN A This agreement also covers firemen. Pre-October 31, 1985 firemen will only have seniority in the Salt Lake Hub area unable to work an engineer's assignment or a mandatory firemen's/hostler position they shall be permitted to hold a fireman’s position first in their prior rights area and second, using their dovetail seniority. B. . Post October 31,1985firemen shall continue to be restricted to mandatory assignments and if unable to hold an engine service position will be required to exercise their train service seniority in the Hub. XI. HEALTH AND WELFARE Employees not previously covered by the UPED agreement shall have 60 days to join the Union Pacific Hospital Association in accordance with that agreement.
Q 1. Does the new seniority district change switching limits at the mile posts A 1. No. It is the intent if this agreement to identify the new seniority territory and Q2. Which Hub is Grand Junction in? A2. For seniority purposes trainmen are in the Denver Hub, however due to the 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 04. How long will prior rights rosters be in effect? A4. They will lose effect through attrition. Q5. Do the OUR&D rosters and agreements survive this merger? A.S. No. A6 No, each of these pool are now double headed and it is the intent of that Q7. ln Article II(G), what does it mean when it refers to protecting all trainmen A7. If a vacancy exists in the Salt Lake Hub, it must be filled by a prior rights 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 Q9. What is the status of an employee who placed in the Hub after November 1, A9. They shall be placed on the roster using their dovetail date but they shall not Q10. Will an employee gain or lose vacation benefits as a result of the merger? A10. No. Q11, When the agreement is implemented, which vacation agreement will apply? A 11. The vacation agreements used to schedule vacations for 1997 will be used for Q12. If a local operated by a UP Idaho trainman previously went on duty at A 12. Changes in on duty points within a terminal or the travel over other trackage Q13. What is the status of firemen's seniority? A 13. Firemen seniority will be dovetailed in a similar manner as trainmen. ARTICLE III - TERMINAL CONSOLIDATIONS Q14. Are the national road/yard zones covering yard crews measured by the A14. The switching limits where the yard crewgoes6n duty. Q15. If crews go on duty in the Complex short of Ogden, is Ogden part of the A 15. No, it is an intermediate point. ARTICLE IV - POOL OPERATIONS Q16. If the on duty point for the Salt Lake - Green River pool is moved from North Q17. Can you give some examples of work currently permitted by prevailing A17. Yes, yard crews are currently permitted to perform hours of service relief in Q18. Because of the elimination of Elko as a home terminal for pool service what ' , A 18. The Carrier anticipates that for those trainmen who remain in this area, that Q19.' Will the Carrier change the Las Vegas-Milford pool to a single-headed pool? A 19. No, not as a result of this merger notice. 'Article IX of the 1986 National ' Q20. If a crew in the 25 mile zone is delayed in bringing the train into the original A20. Except in cases of emergency, the crew will be deadheaded on to the far Q21 Is it the intent of this agreement to use crews beyond the 25 mile zone? A21 No. A22 No, it is subject to future wage adjustments and will not duplicate pay/special Q23 How is a crew paid if they operate in the 25 mile zone? A23 If a pre-October 31, 1985 trainmen is transported to its train 10 miles south A.' One-half basic day for the service South of Milford because it, B. The road miles between Salt Lake and Milford (207). C. One hour overtime, because the agreement provides for Q24. Would a post October 31, 1985 trainman be paid the same? A24. No. The National Disputes Committee has determined that post October 31, Q25 How will initial terminal delay be determined when performing service as A25 Initial terminal delay for crews entitled to such payments will be governed by Q26 What does “ the location" mean in Article IV D 2? A26 This is a geographical term that forces junior employees in the general Q27 Is the identification of the UP Eastern District collective bargaining agreement A27 Since UP purchased the SP system the Carrier selected the collective A 28 The existing claims shall continue to be handled in accordance with those Q29 In Article IV(D), if no applications are received for a vacancy on a prior rights A 29 Yes. That trainman has the option of exercising his/her seniority to another ARTICLE V - EXTRA BOARDS Q30 How many extra boards will be combined at implementation? A30. It is unknown at this time. The Carrier will give written notice of any Q31. Are these guaranteed extra boards? A31. Yes. The pay provisions and guarantee offsets and reductions will be in ARTICLE VI - PROTECTION 032. What is loss on sale of home for less than fair value? A32. This refers to the loss on the value of the home that results from the Carrier Q33. If the parties cannot agree on the loss of fair value what happens? A33. New York Dock Article I, Section 12(d) provides for a panel of real estate Q34. What happens if an employee sells a $50,000 home for $20,000 to a family A34. That is not a bona fide sale and the employee would not be entitled to a New A35. Determine the value of the home before the merger transaction. While this Q36. Who is required to relocate and thus eligible for the allowance? A36. An employee who can no longer hold a position at his/her location and must Q37. Are there mileage components that govern the eligibility for an allowance? A37. Yes, the employee must have a reporting point farther than his/her old . Q38. Can you give some examples? Example 1: Employee A lives SO miles north of Salt Lake and works Example 2: Employee B lives 35 miles north of Salt Lake and goes Example 3: Employee C lives in Elko and is unable to hold an Example 4: Employee D lives in Salt Lake and can hold an Q39. Are there any restrictions on routing of traffic or combining assignments after A39. There are no restrictions on the routing of traffic in the Salt Lake Hub once Article VIII -IMPLEMENTATION Q40. On implementation will all trainmen be contacted concerning job placement? A40. No, the implementation process will be phased in and employees will remain Q41. How will the new extra boards be created? A41. When the Carrier gives notice that the current extra boards are being Q42. Will the Carrier transfer all surplus employees out of the Hub? A42. No. The Carrier will retain some surplus to meet anticipated attrition and Q43. When will reserve boards be established and under what conditions will they A43. When reserve boards are established they will be governed by the current GENERAL Q44. Do the listing of mileposts in Article I mean that those are the limits that A44. No, the mile posts reflect a seniority district and in some cases assignments Q45. If the milepost is on the east end of Yermo can the crew perform any work A45. Yes, Yermo is the away from home terminal and the crew may perform any Q46. Will all pool freight be governed by the same rules? A46. Yes, all pool freight will be governed by the UPED interdivisional rules; such Q47. Will all employees be-paid the same? . A47.' No, the current rules differ between pre and post October 31, 1985 Q48. What will the miles paid be for the runs? A48. Actual miles between terminals with a minimum of a basic day as determined
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