SALT LAKE HUB SUPPLEMENTAL AGREEMENT - SMART
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AGREEMENT (Salt Lake City) Between the UNION PACIFIC RAILROAD COMPANY and the UNITED TRANSPORTATION UNION This agreement is entered into as an amendment to the Arbitration Award dated April 14, 1997. The parties recognize that certain adjustments would benefit both parties to amend that award. Therefore it is agreed: I. Article IV (A) (2) of the Salt Lake Hub proposal shall read as follows: "These operations shall be run as three separate pools, however if a pool drops to 5 or fewer turns the Carrier may abolish that pool and run the traffic from the extra board until such time as the traffic warrants six or more pool turns in that pool" II. All employees currently in the Hub and who were working an assignment in the Hub on July 1, 1997 shall be given automatic certification of New York Dock wage protection. This protection is wage only and hours will not be taken into account. This protection will start with the first of the month following the implementation date of this supplemental agreement. The employees must comply with the requirements associated with New York Dock conditions or their protection will be reduced for such items as layoffs, bidding/displacing to lower paying assignments when they could hold higher paying assignments, etc. The questions and answers attached hereto shall describe the method of deduction when laying off or not available. This provision does not apply to employees borrowed out into the Hub nor those forced into the Hub and leaving the Hub when their services are no longer needed. III. Trainmen required to relocate under this agreement will be governed by the relocation provisions of New York dock. In lieu of the 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 additional allowance of $10,000. (a) This option shall expire five (5) years from date of application for the allowance under Item 2 above. (b) Proof of sale must be in the form of sale documents, deeds, and filings of these documents with the appropriate agency. 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. 7. There will be no pyramiding of benefits. IV. National rate progression provisions shall be waived for all trainmen on the roster on July 1, 1997 and still working in the Hub, who hold prior rights in the Salt Lake Hub. All others shall be governed by the National rate progression provisions. V. Article VII Section D of the award which covered forcing trainmen outside the hub for a one year period is deleted. VI. If new pool operations are implemented that run over two prior right existing runs them those holding prior rights to the old runs shall hold prior rights to the new runs in the ratio of miles run. For example, if Ogden-Milford operations are implemented then employees with prior rights Salt Lake-Milford and Salt Lake-Ogden will hold prior rights to the new run based on the ration of miles run. VII. In an effort to keep employees from having to relocate to locations away from home when there are other employees with seniority dates prior to the implementation date of this agreement available at the other locations it is agreed that the following shall govern: 1. Salt Lake Hub: When permanent vacancies occur on a regular position or guaranteed extra board, employees with prior or secondary rights to the assignment may elect by application to fill the vacancy in seniority order. If the vacancy is not filled in the above manner it Will be filled as follows: A. If no prior right applications are received, then the senior applicant who holds prior rights in the Hub, but not to the assignment, will be assigned. If no such applications are received then the junior employee on a reserve board who holds prior rights to the assignment will be B. If no applications are received from employees holding any prior rights and if no employee with prior rights to the vacancy is on a reserve board then the junior employee on any reserve board within 50 miles of the vacancy shall be recalled to the assignment. Those extra boards that are filled off the dovetail roster without considering prior rights shall be filled by the junior employee on a reserve board within 50 miles of the vacancy if there are no applications. C. For the purposes of this agreement, reserve boards for the various districts shall be considered as being at the following locations: I.UPED 8th district Ogden
Note 2: Ogden is within 50 miles of Salt Lake City and Salt Lake City is within 50 miles of Provo. D. If the vacancy cannot be filled pursuant to the above provisions, then the most junior employee on any of the reserve boards will be forced to the assignment or permitted to exercise seniority to a position held by another employee with the end result a junior employee forced to the assignment. If there are no employees on any reserve board In the Hub then the senior furloughed trainman will be recalled. VIII. As a point of clarification, all pool freight operations in the Salt Lake Hub shall be governed by the same provisions with regards to ITD/FTD, HAHT, meal payments for time spent at the far terminal, runarounds, overtime and $1.50 in lieu of eating enroute, based on the employees seniority date and eligibility for those provisions. IX. Premium payments required by former SP/DRGWIWP Agreements covering Life Insurance and/or Disability Insurance will continue for those SP/DRG/WP trainmen/yardmen/hostlers who are covered by this supplemental agreement and who were covered under those plans on June 30, 1997. These payments will be maintained for such employees for six years from the implementation date of this agreement. X. Article IV (8) (1) Twenty-Five Mile Zone of the Salt Lake arbitration proposal concerning the twenty-five mile zone is reinstated as part of the amended award except for Green River and Pocatello. The 25 mile zone will not be implemented at Yermo until merger negotiations are complete for the area west of Yermo and a similar provision is incorporated into that Hub. XI. Article VII I (E) of the Salt Lake Hub proposal shall read as follows. " 50% of the regularly assigned yard assignments within the Salt Lake Hub may be run as foreman only without any work or other restrictions. Extra yard assignments shall not be run foreman only. All pool freight service (assigned and unassigned, through and non-through) may work conductor only without any work or other restrictions in the switching limits of any initial or final terminal. These assignments shall be limited to three work events en route as Note: The references to "without restrictions" and "no restrictions" in Article XI above refers to restrictions that are associated with crew consist and not with road/yard rules that would apply whether the crew was a short crew or a standard crew. XII. All questions and answers to the Carrier's proposals that were deleted by the arbitration award are reinstated except for Q&A 14 and 15 which remain deleted. If, however, any of those Q&A's conflict with this supplemental agreement then this supplemental agreement shall govern. XIII. Trainmen/switchmen, not currently eligible to hold a reserve board position, who are working in the Salt Lake Hub and with a trainman seniority date prior to July 1, 1997 shall be eligible to hold a reserve board position, seniority permitting, in accordance with the provisions of the UPED reserve board agreement. The reserve board rate shall be 70% of the yard foreman rate of pay for these employees. This provision does not apply to employees borrowed out into the Hub nor those forced into the Hub and leaving the Hub when their services are no longer needed. XIV. This agreement is entered into without precedent or prejudice to either party and the provisions of this supplemental agreement shall not be cited or referred to by either party in any proceeding other than a dispute involving the interpretation of this agreement. This agreement is signed this 18th day of September 1997 and is effective the 1st day of October, 1997.
E A Eickmann – General Chairman Union Pacific Railroad W S Hinckley – Director – Labor Relations
A1. An understanding reached by the parties that an employee will be provided the Q2. How will the test period average be determined? A2. The twelve month period of the 1996 calendar year shall be used. Q3. How does the Carrier calculate test period earnings if, for example, an employee A3. If an employee had no compensated service in the two (2) months, the Carrier will Q4. How will an employee be advised of their test period earnings? A4. Test period averages will be furnished to each individual and the General Q5. How is length of service calculated? A5. It is the length of continuous service an employee has in the service of the Carrier Q6. How will the employees know which jobs are higher rated? A6. The Carrier will periodically post job groupings identifying the highest to lowest paid Q7. Will specific jobs be identified in each grouping? A7. Pools, locals and extra boards may be identified separately but yard jobs and road Q8. What rights does an employee have if he/she is already covered under labor A8. Section 3 of New York Dock permits employees to elect which labor protection Q9. Is the ten (10) dollar Foreman only allowance in addition to the regular special A9. Yes, all employees on the roster on July 1, 1997 will receive this payment in Q10. How will reductions from protection be calculated? A 10. .In an effort to minimize uncertainty concerning the amount of reductions and 1. Pool freight assignments - 1/15 of the monthly test period average will be 2. Five day assignments - 1/22 of the monthly test period average will be 3. Six & seven day assignments - The same process as above except 1/26 for 4. . Extra board assignments - 1/30 of the monthly test period average will be Note1: Absences on the extra board are calculated from the time of Note 2: Local Chairmen, on the extra board, who lay off Union Q11. Why are there different dollar amounts for non-home owners and homeowners? A 11. New York Dock has two provisions covering relocating. One is Article I Section 9 Q12. Why is there one price on loss of on sale of home? A12. It is an in lieu of amount. Employees have an option of electing the in lieu of Q13. What are the basic 10 provisions for the Eastern District? A 13. While many agreements have been entered into under the 1972 and 1985 10 Q14. Is this supplemental agreement retroactive to July 1, 1997? A 14. Employees required to relocate after July 1, 1997 but prior to ratification will be Q15. Are coal pool operations to mines and power plants subject to conductor only A15. For the purposes of this agreement only and not as precedent or prejudice to Q16. What about employees who are on leaves of absence due to several reasons A 16. These employees will be treated as if they were working in the Hub for the Q17 At Provo and Ogden how shall the 50/50 extra boards be slotted? A17At Provo the former UP shall have the odds and the former DRGW the evens Q18.How will Union Officers test period average be calculated? A18. See the March 26, 1996 letter to UTU Vice President B.A.Boyd providing for the Q 19. How will an employee be paid who is used in the twenty-five mile zone to obtain A 19. The employee will be paid under the twenty-five mile provisions for the work in Q20. If an employee works ten hours in the twenty-five mile zone how shall they be A20. Eight hours straight time and two hours overtime. Q21. What are the switching limits for the road/yard zone for yard crews in the new A21. The road/yard zone is determined from the limits of the new combined
THE FOLLOWING IDENTIFIES TERMS AND CONDITIONS REFERRED TO IN THE DENVER AND SALT LAKE HUBS MERGER SUPPLEMENTAL AGREEMENT THAT WILL BE APPLICABLE TO THE POOL FREIGHT OPERATIONS IN THOSE HUBS. 1. Miles Paid - Each pool shall be paid the actual miles between the points of the run for all 2. Basic Day/Rate of Pay - The provisions of the 1991, Implementing Agreement (UTU) 3. Transportation - Transportation will be provided in accordance with Section (2)(c) of 4. Meal Allowances and Eating En Route - Meal allowances and eating en route will be 5. Overtime - Employees who have an engineer/train service seniority date prior to October 6. Held Away from Home Time - Employees in pool freight service held at other than home 7. Runarounds - Employees not called in their turn will be allowed one-half basic day and Note: The provisions listed above are terms and conditions that currently apply to employees in some Interdivisional Service on the UPED. They are listed here as information and are not meant to be all inclusive but to provide a ready reference for employees previously not familiar with them. The provisions will apply to pool freight service identified in the award and/or supplemental agreement as the award and/or supplemental agreement provides for the combining of pools and it is the intent of this agreement to standardize the rules so that employees are governed by the same terms and conditions whether operating in single pools or combined pools.
Mr. G.A. Eickmann Dear Sir: This refers to the merger arbitration award supplemental agreement. In addition to the items Agreed: 2. The parties will meet to review local agreements that were eliminated by the merger award and jointly agree on which ones will be reactivated. 3. Meetings will be established involving CMS, Timekeeping, Labor Relations and Local Chairmen, either in the Hubs or in Omaha to review problems associated with 4. The issues involving personal leave days shall be settled by paying all trainmen/yardmen who converted to the Eastern District CBA on July 1, 1997 an amount equal to 100% of the unused personal leave days remaining from their previous agreement on that date, including carryover days, at the rate of the last service performed. Effective August 1, 1997 'all such employees shall have converted to the UPED personal leave agreement.
W S Hinckley Accepted:
September 8, 1997
Dear Sir: This refers to the merger supplemental agreement that is to be effective October I, 1997. 1. The Organization was concerned that the Carrier would abolish existing road switcher and local assignments and convert them to a pool in an effort to expand the conductor only operations. The Carrier agreed that the references to pool freight operations was intended 2. The question was raised how a crew when called off the extra board would be governed with respect to crew consist. If the extra board is used in place of pool service such as Salt Lake-Ogden or Denver-Colorado Springs power plants then the pool provisions would apply, and if used as a local or road switcher then those provisions would apply. If used in work train or hours of service relief then the regular UPED crew consist rules would govern those classes of service. Yours Truly W S Hinckley Accepted: |
