Description:
THE FOLLOWING COLLECTION OF AGREEMENTS IS FOR THE CONVENIENCE OF THE PARTIES, AND THE INCLUSION OR EXCLUSION OF AN AGREEMENT SHALL NOT BE CONSTRUED AS ALTERING THE EFFECT OF SUCH AGREEMENT. NOTE: This table of contents is intended merely as an aid and IS NOT A PART OF ANY AGREEMENT HEREIN AND IS NOT TO BE USED TO INTERPRET ANY AGREEMENT. TABLE OF CONTENTS NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT
PLEASE DOWNLOAD 'PDF' TO SEE TABLE OF CONTENTS ITEM 1 (a) This agreement made and entered into this 22nd day of May, 1972 by and between UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT (hereinafter called "Company") and the UNITED TRANSPORTATION UNION (C) (T) (hereinafter called "UTU") pursuant to Article XII, "Interdivisional Service" of the National Agreement dated January 27, 1972. It is mutually agreed by and between the parties hereto as follows: NOTE: For the purpose of this agreement, Seniority Districts are identified by District Number as follows: DISTRICT NUMBER 1
TERRITORY Omaha to Grand Island and branches, including Beatrice. DISTRICT NUMBER 2
TERRITORY Grand Island to North Platte and branches, to but not including Hastings. DISTRICT NUMBER 3
TERRITORY North Platte to Sidney and North Platte branch, including Yoder and South Torrington. DISTRICT NUMBER 4
TERRITORY Sidney to Cheyenne and North Platte Cut-Off to Gering and South Torrington. DISTRICT NUMBER 5
TERRITORY Cheyenne to Laramie and branches. DISTRICT NUMBER 6
TERRITORY Laramie to Rawlins and branches. DISTRICT NUMBER 7
TERRITORY Rawlins to Green River and branches. DISTRICT NUMBER 8
TERRITORY Green River to Ogden and branches. DISTRICT NUMBER 9
TERRITORY Kansas City to Junction city and branches, to but not including Beatrice. DISTRICT NUMBER 10
TERRITORY Junction city to Ellis and branches to Plainville. DISTRICT NUMBER 11
TERRITORY St. Joseph to Marysville and Marysville to Grand Island and/or Hastings. DISTRICT NUMBER 12
TERRITORY Ellis to Cheyenne and/or Laramie via Denver and branches including Julesburg and Plainville branch from Oakley to Plainville. DOWNLOAD 'PDF' FOR PROPERLY FORMATTED CHART
PART I
ESTABLISHMENT OF INTERDIVISIONAL SERVICE
Section 1. In accordance with Sections 1 and 2 of Article XII of the National Agreement dated January 27, 1972 and Subject to the provisions of Section 2 of this Part I, the Company may establish interdivisional service as set forth below: (a) Grand Island, Nebraska will be eliminated as an away-from-home terminal for First District employes and as a home terminal for Second District employes, and employes on the First and Second Seniority Districts will operate between Council Bluffs, Iowa and North 'Platte, Nebraska. i. These runs will be manned by First and Second District employes on the basis of the ratio of
miles that the First and Second Seniority Districts, respectively, bear to the total miles of the run. ii. The home terminal for First District employes assigned to these runs will be Council Bluffs, the home terminal for Second District employes will be North Platte. iii. Employes operating from Council Bluffs to North Platte will be allowed 278 road miles; employes operating from North Platte to Council Bluffs will be allowed 278 road miles (b) Hastings, Nebraska will be eliminated as a terminal, and employe. on the Second and Eleventh Seniority Districts will operate between Marysville, Kansas and North Platte, Nebraska. i. These runs will be manned by Second and Eleventh District employes on the basis of the ratio of miles that the Second and Eleventh Districts, respectively, bear to the total miles of the run. ii. The home terminal for Second District employes assigned to these runs will be North Platte: the home terminal for Eleventh District employes will be Marysville. *For the purposes of this agreement the phrase “Interdivisional Service” means “Interdivisional, Interseniority District, Intradivisional and/or Intraseniority District Service” (Freight or Passenger) as used in Article XII of the National Agreement dated January 27, 1972. iii. Employes operating from Marysville to North Platte will be allowed 249 road miles: employes operating from North Platte to Marysville will be allowed 248 road miles. . (c) Sidney, Nebraska will be eliminated as an away-from-home terminal, and employes on the Third and Fourth Districts will operate between North Platte, Nebraska and Cheyenne, Wyoming. i. These runs will be manned by Third and Fourth District employes on the basis of the ratio of
miles that the Third and Fourth Districts, respectively, bear to the total miles of the run. ii. The home terminal for Third District employes assigned to these runs will be North Platte: the home terminal for Fourth District employes will be Cheyenne. iii. Employes operating from North Platte to Cheyenne will be allowed 222 road miles: employes operating from. Cheyenne to North Platte will be allowed 221 road miles. (d) Sterling, Colorado will be eliminated as an away-from-home terminal, and employes on the Third and Twelfth Districts will operate between North Platte, Nebraska and Denver, Colorado. i. These runs will be manned by Third and Twelfth District employes on the basis of the ratio of
miles that the Third and Twelfth Districts, respectively. bear to the total miles of the run. ii. The home terminal for Third District employes assigned to these runs will be North Platte: the home terminal for Twelfth District employes will be Denver. . iii. Employes operating from North Platte to Denver will be allowed 274 road miles: employes operating from Denver to North Platte will be allowed 273 road miles. (e) Junction City. Kansas will be eliminated as an away-from-home terminal. and employes on the Ninth and Tenth District will operate between Kansas City and Salina. Kansas. i. These runs will be manned by Ninth and Tenth District employes on the basis of the ratio of miles that the Ninth and Tenth Districts, respectively, bear to the total miles of the run. ii. The home terminal for Ninth District employes assigned to these runs will be Kansas City: the home terminal for Tenth District employes will be Salina. iii. Employes operating from Kansas City will be allowed 181 road miles: employes operating from Salina to Kansas city will be allowed 181 road miles to Salina operating.. (f) Hugo, Colorado will be eliminated as an away-from-home terminal, and employes on the Twelfth Seniority District will operate between Sharon Springs, Kansas and Denver, Colorado. i. The home terminal for Twelfth District employes assigned to these runs will be Denver. ii. Employes operating from Sharon Springs to Denver will be allowed 208 road miles: employes operating from Denver to Sharon Springs will be allowed 209 road miles. (g) Laramie, Wyoming will be eliminated as a terminal, and employes on the Fifth and Sixth Seniority Districts will operate between Cheyenne, Wyoming and Rawlins, Wyoming. i. These runs will be manned by Fifth and Sixth District employes on the basis. of the ratio of miles that the Fifth . and Sixth Districts, respectively, bear to the total miles of the run. ii. The home terminal for these runs will be Cheyenne, Wyoming. iii. Employes operating from Cheyenne to Rawlins will be allowed 170 road miles: employes operating from Rawlins to Cheyenne will be allowed 172 road· miles. (h) Ellis, Kansas will be eliminated as a home terminal, and employes on the Tenth and Twelfth Seniority Districts will operate between Salina, Kansas and Sharon Springs Kansas. i. These runs will be manned by Tenth and Twelfth District employes on the basis of the ratio of miles that the Tenth and Twelfth Districts, respectively, bear to the total miles .of the run. ii. The home terminal for these runs will be Salina, Kansas. iii. Employes operating from Salina to Sharon Springs will be allowed 243 road miles: employes operating from Sharon Springs to Salina will be allowed 242 road miles. (i) Beatrice, Nebraska will be eliminated as an away-from-home terminal, and employes on the First and Ninth Districts will operate between Marysville, Kansas, and Council Bluffs, Iowa. i. These runs will be manned by First and Ninth District employes on the basis of the ratio of miles that the First and Ninth Districts, respectively, bear to the total miles of the run. ii. The home terminal for employes assigned to these runs will be Council Bluffs. iii. Employes operating from Marysville to Council Bluffs will be allowed 156 road miles: employes . operating from Council Bluffs to Marysville will be allowed 156 road miles. . (j) Between Denver, Colorado and Rawlins, Wyoming. i. These runs will be manned by Fifth, Sixth and Twelfth District employes on the basis of the ratio of miles that the Fifth, Sixth and Twelfth Districts, respectively, bear to the total miles of the run. ii. The home terminal for these runs will be Denver. iii. Employes operating from Denver to Rawlins will be allowed 264 road miles: employes operating from Rawlins to Denver will be allowed 265 road miles. Section 2. (a) Any of the runs set forth in Section 1, Part I above Which do not operate through a home terminal or home terminals of previously existing runs which are to be extended may be placed in effect by the Company upon service on the UTU of a 60- day written notice. (b) Any of the runs set forth in Section 1, Part I above which will operate through a home terminal or home terminals of previously existing runs which. are to be extended may be placed in effect by the Company upon service on the UTU of a 90-day written notice. Section 3. The establishment of interdivisional service other than as specifically provided for in Section 1, Part I, shall be subject to the provisions of Article XII of the National Agreement dated January 27, 1972. PART II
MILEAGE ALLOWANCES AND EQUALIZATION OF MILEAGE Section 1. In interdivisional service all miles run over one hundred (100) shall be paid for at the mileage rate established by the basic rate of pay for the first one hundred (100) miles or less. Section 2. The Superintendent of the Company and Local Chairmen of the UTU will meet periodically for the purpose of making whatever adjustments are necessary to maintain a proper . equalization of mileage between the affected districts. PART III
RULES CHANGES On and after the effective date of written notice served pursuant to Section 2, Part I, of this agreement the following rules changes will be effective only for employes actually engaged in interdivisional service established pursuant to such written notice: (a) Paragraph (a) of Rule 29 "Overtime" will be modified as follows: . "On interdivisional runs of 200 miles or less, overtime will begin at the expiration of 8 hours; on runs of over 200 miles overtime will begin when the time on duty exceeds the miles run divided by 25, or in any case, when on duty in excess of 10 hours. Overtime shall be paid for on the minute basis at a rate per hour of 3/16ths of the daily rate. “When overtime, initial terminal delay and final terminal delay accrue on the same trip, allowance will be the combined initial and final terminal delay time, or overtime, whichever is the greater." Overtime paid employes in interdivisional service under this paragraph (a) will be computed and paid for on the speed basis of 12 1/2 miles per hour at the rate of time and one-half. (b) The first paragraph of Rule 74 "Held at Other Than Home Terminal", is modified to read: "Employes in interdivisional service held at other than home terminal will be paid continuous time for all time so held after the expiration of sixteen hours from the time relieved from previous duty at a rate per hour of l/8th of the daily rate paid them for the last service performed." PART IV
RETIREMENT ALLOWANCE section 1. Employes on affected seniority districts may, at the Company's option, be given an opportunity to resign and accept a retirement allowance. The amount of the retirement allowance will be based upon the age of the employe as of his nearest birthday on the date such allowance is offered. The amount of the allowance will be: Age at Nearest Birthday \ Allowance
64 and under \ 12 months' pay
65 \ 10 months’ pay
66 \ 8 months’ pay
67 \ 6 months’ pay
68 and over \ 4 months’ pay DOWNLOAD 'PDF' FOR PROPERLY FORMATTED CHART In determining retirement allowances, the appropriate number of months' pay will correspond with the earnings in the same number of months in Which compensated service was performed immediately preceding the last day of compensated service.
For the purpose of this agreement, the ages and birth· dates of employes will be those shown in the records of the Company. Section 2. The acceptance of the retirement allowance shall be at the option of the eligible employe to Whom offered. Acceptance shall be in writing, shall be irrevocable and shall be received by the officer offering the allowance within fifteen (15) calendar days of receipt of such offer. Section 3. An eligible employe Who elects to accept and is awarded an allowance shall thereupon terminate his employment relationship with the Carrier, and the effective date of such termination shall be that date so specified by the Company and such date shall be within thirty (30) days of the date of the offer unless otherwise agreed by the parties hereto. A minimum of fifteen (15) calendar days' advance notice of the date of termination ·.of employment shall be given the employe offered a retirement allowance. Section 4. The allowance provided in this Part IV shall be paid within sixty· (60) calendar days of the date of the termination of employment relationship of the eligible employe except at the option of the eligible employe the allowance may be paid in two (2) or three (3) annual installments on the anniversary date of termination. . section 5. The retirement allowance herein provided for will be in addition to any vacation allowance to which an employe accepting such retirement allowance is entitled as of the date of his retirement. PART V
EMPLOYE PROTECTION Section 1. Each employe adversely affected by the application of this agreement will be covered by, and be subject to, the provisions of Article XIII "Protection of Employes" of the National Agreement dated January 27, 1972 except that an employe, who is required to change his place of residence because of the implementation of this agreement and who qualifies for the benefits provided in Section 9 of said Article XIII, shall be allowed a total lump sum of $1,000.00 in lieu of both the maximum of five (5) working days and the $400.00 transfer allowance provided for in said Section 9 of Article XIII. Other than as specifically provided herein benefits available under said Article XIII are not" altered by this Section 1. Section 2. Each employe, Who is required to" change his place of residence because of the implementation of this agreement and Who qualifies for the $1,000.00 lump sum payment provided for in Section 1 of this Part V, and Who is also a "Home Owner" as defined herein shall also be allowed: (a) $1,000.00 or (b) The difference, per square foot, between the "cost of new construction" at the home terminal from Which removed and the "cost of new construction" at the new home terminal, provided the latter is greater, times the total square footage of the employe' s home from which removed. i. The "cost of new construction" shall be determined as of the date of the written notice referred to in section 2, Part I, of this agreement and shall be based on the average construction cost of new, single family, residential dwellings at the point in question. ii. Should a controversy arise with respect to the "cost of new construction" or any question in connection with this matter, it shall be decided through joint conference between the General Chairman of the UTU and The Director of Labor Relations of the Company, and, in the event they are unable to agree, the dispute may be referred by either party to a board of three real estate appraisers, each of Whom is a Member of the American Institute of Real Estate Appraisers, selected in the following manner: One to be selected by the representatives of the Employes and the Company, respectively: these two shall endeavor by agreement within ten (10) days after their appointment to select the third appraiser: or to select some person authorized to name the third appraiser, and in the event of failure to agree then the president of the local board or association of realtors shall be requested to appoint the third appraiser. A decision of a majority of the appraisers shall be required and said decision shall be final and conclusive. The salary and expenses of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the salary of the appraiser selected by such party. NOTE: "Home owner" as used herein means an employe who, on the date of the written notice referred to in Section 2, Part 1 of this agreement owns his own home or who is purchasing his own home under a land contract and who, as a result of the application of this agreement, is required to change his place of residence within the meaning of Section 9 of Article XIII of the National Agreement dated January 27, 1972. (a) Any employe whose home terminal is changed as a result of the application of this agreement, but who does not immediately change his place of residence, will be allowed 10¢ per mile driving allowance to and from his new home terminal until he changes his place of residence, but in no event will he be entitled to receive such driving allowance for a period of more than 60 days from the effective date of the written notice referred to in Section 2, Part I of this agreement. (b) Any employe whose home terminal is moved a distance of less than 60 miles as a result of this agreement must, within the 60 day period referred to in paragraph (a) above, elect . in writing and file such election with the Superintendent of the Company and Local Chairman of the UTU whether he will change or not change his place of residence to his new home terminal. 'In the event any such employe elects not to change his place of residence or fails to make an election within the 60 day period referred to above 'he will thenceforth be allowed a $5.00 driving allowance for each round trip to and from his new home terminal, which driving allowance shall be in lieu of any and all other benefits to which he otherwise may have been entitled under Section 9 of Article XIII of the National Agreement dated January 27, 1972. Section 4. After establishment of interdivisional service on any of the territories listed in section 1, Part I, of this agreement, the protected period for displaced employes will commence on the effective date of the written notice referred to in Section 2, Part I, of this agreement, and the Company will, on request of any such displaced employe or his representative, furnish within a reasonable time figures representing his average monthly compensation" and "average 'monthly time paid for" as those terms are used in Section 3(b) of Article XIII of the National Agreement dated January 27, 1972. PART VI
MEALS AND LODGINGS Section 1. Employes in interdivisional service will be allowed a $2.00 meal allowance after 4 hours at the away-from-home terminal and another $2.00 allowance after being held an additional 8 hours. Section 2. In order to expedite the movement of interdivisional runs, crews on runs of 100 miles or less will not stop to eat except in cases of emergency or unusual delays. For crews on runs of more than 100 miles, the Company shall determine the conditions under which such crews may stop to eat. When crews on runs of more than 100 miles are not permitted to stop to eat, members of such crews shall be paid an allowance of $1.50 for the trip. Section 3. Suitable lodgings will be provided for employes in interdivisional service in accordance with the provision of Article II of the June 25, '1964 Agreement which lodgings will be equivalent to the existing lodging facilities now provided. (Also, suitable transportation to and from lodging point will be provided for employes in interdivisional service where the designated lodging facility is not within one mile of the register point. NOTE: Suitable transportation includes carrier owned or provided passenger carrier motor vehicles or taxi, but excludes other forms of public transportation. At North Platte, while ,the existing lack of public transportation 'persists, the Company will there provide shuttle service at regular intervals for employes engaged in interdivisional service between the register point and the designated lodging facility. In the event public transportation becomes available at North Platte the provisions of the first paragraph of this Section 3 will apply. Section 4. When an employe engaged in interdivisional service is required to deadhead to his far terminal to attend a disciplinary hearing as provided for by Section 5, Part VIII of this agreement such employe may use the designated lodging facility while required to remain at the far terminal incident to attending such investigation. PART VII
EXTRA BOARDS Section 1. Irregular and unassigned non-interdivisional service, including dog-catching, shall be protected and manned by extra employes from the seniority district over which such service operates. section 2. Vacancies in interdivisional service occurring at the for terminal of the turn will be protected and manned by extra employes from the home terminal of the turn. If such extra employes cannot be made available at calling time of such turn at the far terminal the vacancy will be protected and manned in accordance with the provisions of the supplemental agreement dated October 7, 1970 entitled "Brakemen Used Off Assignment" and in that event, the extra employe called from the home terminal will protect the resulting vacancies for which such extra employes are available at the far terminal. Section 3. Dog-catching in interdivisional service in territories having two home terminals shall be protected and manned by extra employes from the seniority district over which such service operates. PART VIII
MISCELLANEOUS PROVISIONS Section 1. When an employe engaged in interdivisional service is required to report for duty or is relieved from duty at a point other than the on and off duty points fixed for the service established hereunder, the Company shall authorize and provide suitable transportation for the employe. section 2. An employe returning to active service as a conductor or brakeman from leave of absence, discipline, promotion to an official position with the Company or full time assignment as a representative of the UTU will be given the options and resulting benefits provided for in this agreement to the extent he qualifies therefor, with time limitations contained herein running from the date of his return to active service. Section 3. Non-interdivisional service will continue to be manned by employes from the seniority district over which such non-interdivisional service operates. Section 4. Employes called for interdivisional service and not used shall be allowed 50 miles and stand first out: and if held on duty to exceed four hours, such employe shall be allowed 100 miles and stand first out and shall be restored to his same relative position on the pool board at first opportunity. Section 5. Disciplinary hearings involving an employe who is engaged in interdivisional service will be held at the employe's home terminal, except when the majority of the crew lives elsewhere. If attendance at an investigation requires an employe to travel over any portion of the interdivisional territory, he will be allowed deadhead miles over that portion of the territory where he holds no primary rights. EXAMPLE - A Fourth District employe is required to travel from Cheyenne to North Platte for an investigation. He will be allowed deadhead miles from Sidney to North Platte to Sidney. Section 6. Except in case of wrecks, floods, washouts and storms, employes manning interdivisional service will not be tied up enroute under the Hours of Service Act and held at such intermediate point and then required to resume their trip after obtaining legal rest. In the event of non-compliance with this Section 6 the held employe will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to his same relative position on the board. Section 7. An employe in interdivisional service having time to work under the Hours of Service Act will not be required to exchange trains with an employe who is on short time under the Hours of Service Act. In the event of non-compliance with this Section 7 the employes who are required to exchange trains will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to their same relative position on the board. Section 8. It is understood that the road mileage figures set forth in Part I, Section 1, of this agreement are intended to represent the actual distances between the designated departure point at the initial terminal of the run and the designated arrival point at the final terminal of the run. If such mileage figures are proved to be other than as listed, such figures will be adjusted accordingly. PART IX
IMPLEMENTING PROCEDURE Section 1. Notices referred to in Section 2, Part I of this agreement may be served by the Company on or after 12:01 AM, May 22, 1972. Section 2. When a notice is served pursuant to section 2, Part I of this agreement establishing interdivisional service on a district or territory having two home terminals, the parties will meet within 7 days of the date of service of such notice to attempt to agree upon how employes from the interdivisional pools at each of these home terminals will be used for such interdivisional service. Unless otherwise agreed to by the effective date of the interdivisional service as specified in the notice, the following procedures will apply. (a) A separate interdivisional pool will be established and maintained at each home terminal. (b) Employes will be called from such interdivisional pools on a first in, first out basis, alternating as between such interdivisional pools so far as practical, with any imbalance in mileage as between such interdivisional pools to be adjusted in accordance with paragraph (c) of this section. (c) At the end of each 30 day period the mileage of the respective interdivisional pools will be adjusted pursuant to the ratios prescribed in Section 1, Part I of this agreement. section 3. Subject to the provisions of Section 4 of this Part IX, when a notice is served pursuant to Section 2, Part I of this agreement establishing interdivisional service on a district or territory having only one home terminal, a single interdivisional pool will be established and maintained at the home terminal and employes will operate in interdivisional service on a first-in, first-out basis from that interdivisional pool. Section 4. Nothing in this agreement shall be construed as modifying or amending any of the "Blue Print Board" agreements in effect between the Company and the UTU. PART X
NO DUPLICATION OF BENEFITS The receipt of benefits by an employe under Parts IV and V of this. agreement shall constitute a waiver of any right of such employe to claim or receive the same or any similar benefits under any other agreement to which the Union Pacific is a party. PART XI
EFFECT ON AGREEMENT RULES Nothing herein contained shall be amending any of the provisions of between the Company and the UTU, construed as modifying or the Schedule Agreement except as herein provided. PART XII This agreement shall become effective May 22, 1972 and will remain in full force and effect until changed in accordance with the provisions of the Railway Labor Act, as amended. Dated at Omaha, Nebraska this 22nd day of May,.1972. UNITED TRANSPORTATION UNION (C)
/s/ T. K. Tatman
General Chairman
UNITED TRANSPORTATION UNION (T)
/s/ J. R. Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 1 (b)
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) (T)
MEMORANDUM OF UNDERSTANDINGS THE FOLLOWING UNDERSTANDINGS SHALL APPLY TO AGREEMENT DATED May 22, 1972 BETWEEN THE UNION PACIFIC RAILROAD COMPANY AND THE UNITED TRANSPORTATION UNION (C) (T) COVERING ESTABLISHMENT OF INTERDIVISIONAL SERVICE. 1. In the application of Part V "Employe Protection" the time limit for initiating claims by displaced employes will be 180 days (instead of 90 days) from the date of the effective date of the written notice referred to in Section 2, Part I. 2. If the procedures set forth in Part IX "Implementing Procedure" are not working out satisfactorily to any party to this agreement, after 123 months after the effective date of the written notice referred to in Section 2, Part I of the agreement, the parties signatory hereto will meet to formulate a mutually agreeable procedure for using crews. 3. Suitable lodging for employes in interdivisional service will consist of a single occupancy room with a bath or shower, a wash basin, two chairs and a writing table. The room will be cleared and serviced between each occupancy. The room shall be adequately cooled or heated where .climatic conditions at the particular location normally require such cooling or heating. This will not apply to Company Clubhouses and where there are no facilities reasonably available Which qualify as “suitable lodging" as described above, the Company will have one year from the effective date of the written notice referred to in Section 2, Part I of the agreement to provide such suitable lodging. This will not estop the parties from working out an equitable allowance in lieu of providing suitable lodging. Dated at Omaha, Nebraska this 22nd day of May. 1972. UNITED TRANSPORTATION UNION (C)
/s/ T. K. Tatman
General Chairman
UNITED TRANSPORTATION UNION (T)
/s/ J. R. Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 1 (c)
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) (T) IT IS AGREED: 1. For the territories listed below, conductors or brakemen having a seniority date as conductor or brakeman as of May 22, 1972 on such territories will, in lieu of the road miles contained in Section 1, Part I, of the agreement dated May 22, 1972, be paid the road miles listed below when operating in interdivisional service on these territories: (a) Employes operating from Kansas City to Salina will be allowed 196 road miles: employes operating from· Salina to Kansas City will be allowed 196 road miles. (b) Employes operating from Cheyenne to Rawlins will be allowed 193 road miles: employes operating from Rawlins to Cheyenne will be allowed 195 road miles. The road miles specified in Paragraphs (a) and (b) above shall also be paid to such employes in interdivisional service for deadheading over the territories listed herein. 2. Employes operating- in non-interdivisional service between Cheyenne and Laramie or Salina and Junction City will continue to receive the mileage allowances specified in the Schedule of Rules. Dated at Omaha, Nebraska this 22nd day of May ,1972. UNITED TRANSPORTATION UNION (C)
/s/ T. K. Tatman
General Chairman
UNITED TRANSPORTATION UNION (T)
/s/ J. R. Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 1 (d)
E-013-23-4-IR
August 11, 1975
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) 1. For the territory listed below, conductors or brakemen having a seniority date as conductor or brakeman as of August 11, 1975 on such territory shall, in lieu of the road miles contained in Part I, Section 1(j) of the Interdivisional Runs Agreement dated May 22, 1972, be paid the road miles listed below when operating in interdivisional service from Denver to Rawlins or Rawlins to Denver. Employes operating from Denver to Rawlins shall be allowed 285 road miles; employes operating from Rawlins to Denver shall be allowed 286 road miles. 2. For this interdivisional service between Denver and Rawlins, Denver shall be considered an outlying point for 5th and 6th District employes and when initially taking or finally leaving an assignment at Denver such 5th and 6th District employes shall be allowed $14.00 for a one-way trip when required to drive their personally owned automobile. Dated at Omaha, Nebraska this 11th day of August, 1975. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 1 (e)
UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LABOR RELATIONS
May 22, 1972
V. K. Tatman, General Chairman
united Transportation Union (C)
Omaha, Nebraska
J. R. Dennis, General Chairman
United Transportation Union (T)
Omaha, Nebraska
Gentlemen: This will confirm our understanding that Kansas Division employes who may be used in the council Bluffs-Marysville pool to protect interdivisional service established pursuant to Part I, Section l(i} of the agreement dated May 22, 1972 will be permitted to have their home terminal at Marysville when such arrangements can be made without additional expense to the Company. Yours truly,
/s/ J. H. Kenny
ACCEPTED
/s/ T. K. Tatman
General Chairman, UTU (C)
/s/ J. R. Dennis
General Chairman, UTU (T) Item 1 (f) AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) (T)
IT IS AGREED: 1. For a period of 3 months from the effective date of the written notice referred to in Section 2, Part I of the agreement dated May 22, 1972, an employe assigned and working in interdivisional service will be entitled to his pro rated portion of a monthly guarantee of 3900 district miles for each full calendar day on which he works in such interdivisional service. 2. For a period of ten years following the expiration of the 3 month period provided for in paragraph 1 above, if an employe working in interdivisional service earns less than 3850 miles in any calendar month due to crews being called other than pursuant· to Part IX, Section 2 of the agreement dated May 22, 1972, the Carrier shall reimburse such employe for such loss. The reimbursement provided for in this paragraph 2 shall be applied on a pro rated basis to all employe working in interdivisional service during only' a portion of the calendar month. Dated at Omaha, Nebraska this 22nd day of May, 1972. UNITED TRANSPORTATION UNION (C)
/s/ T. K. Tatman
General Chairman
UNITED TRANSPORTATION UNION (T)
/s/ J. R. Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 1 (g)
UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LABOR RELATIONS
E-013-23-4
December 23, 1975
R. B. Murdock, General Chairman
United Transportation. Union (C)&(T)
Omaha, Nebraska
Dear sir: Paragraph 2 of Agreement dated May 22, 1972 dealing with guarantees for ID crews, reads: "2. For a period of ten years following the expiration of the 3 month period provided for in paragraph 1 above, if ,an employe working in interdivisional service earns less than 3850 miles in any calendar month due to crews being called other than pursuant to Part IX, Section 2 of the agreement dated May 22, 1972 the Carrier shall reimburse such employe for such loss. The reimbursement provided for in this paragraph 2 shall be applied on a pro rated basis to an employe working in interdivisional service during only a portion of the calendar month. IT IS AGREED that this paragraph 2 is changed to read: "2. For a period of ten years following the expiration of the 3 month period provided for in paragraph 1 above, if an employe working in interdivisional service earns less than 3800 district road miles in any calendar month due to crews being called other than pursuant to Part IX, section 2 of the agreement dated May 22, 1972 the Carrier shall reimburse such employe for such loss. The reimbursement provided for in this paragraph 2 shall be applied on a pro rated basis to an employe working in interdivisional service during only a portion of the calendar month." This agreement is effective January 1, 1976 and may be terminated by the serving of a ten-day written notice by either party upon the other. Yours truly,
/s/ J. H. Kenny
ACCEPTED:
R. B. Murdock
General Chairman
Item 1 (h)
UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LABOR RELATIONS
E-013-23-4
July 14, 1972
V. K. Tatman, General Chairman
United Transportation Union (C)
Omaha, Nebraska
J. R. Dennis, General Chairman
United Transportation Union (T)
Omaha, Nebraska
Gentlemen: In interdivisional service between Cheyenne and Rawlins the constructive miles allowed Fifth District employes (Cheyenne-Laramie) will be counted when adjusting crew boards of Fifth District ·employes only.
In interdivisional service between Kansas City and Salina the constructive miles allowed Tenth District employes (Junction City-Salina) will be counted when adjusting crew boards of Tenth District employes only. Yours truly,
/s/ J. H. Kenny
ACCEPTED:
/s/ V. K. Tatman
General Chairman, UTU (C)
/s/ J. R. Dennis
General Chairman, UTU (T) Item 1 (i) UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LABOR RELATIONS
E-013-23-4-IR
July 24, 1972
V. K. Tatman, General Chairman
United Transportation Union (C)
Omaha, Nebraska
J. R. Dennis, General Chairman
United Transportation Union (T)
Omaha, Nebraska
Gentlemen: This letter of understanding will confirm our discussion of the following points with respect to the Interdivisional Runs Agreement of May 22, 1972: The provisions of Section 1 of the supplemental agreement dated May 22, 1972 -(specifying that conductors and brakemen having a seniority date as of May 22, 1972 shall receive 193 road miles for operating from Cheyenne to Rawlins and 195 road miles for operating from Rawlins to Cheyenne) apply to dual rights yardmen-brakemen having a seniority date as of May 22, 1972 when such dual rights employes work in interdivisional service. The additional 23 road miles allowed employes having a seniority date as of May 22, 1972 for operating in each direction between Cheyenne and Rawlins belong to, and shall be counted only by, employes of the Fifth District for purposes of determining their ratio of miles in the manning of interdivisional runs. Yours truly,
/s/ J. H. Kenny
ACCEPTED:
/s/ V. K. Tatman
General Chairman, UTU (C)
/s/ J. R. Dennis
General Chairman, UTU (T) Item 2 E-013-23-4-IR
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) (T) Consolidation of Conductors' and Brakemen's Seniority Districts,
Cheyenne-Laramie and Branches, and Laramie-Rawlins and Branches Effective 12:01 AM September 15, 1972 Conductors' and Brakemen' s Seniority Districts Cheyenne-Laramie and Laramie-Rawlins shall be consolidated and a new Seniority District encompassing the territory Cheyenne-Rawlins shall be created, subject to the conditions set forth below: 1. Employes holding seniority dates as brakemen or dual rights employes on the territory Cheyenne-Laramie as of the close of the day on September 14, 1972 will retain prior rights in such service on the territory Cheyenne-Laramie according to their then existing relative seniority status, and will be given a seniority- date as brakemen on the territory Laramie-Rawlins as of 12.01 AM, September 15, 1972 following the junior brakeman on the territory Laramie-Rawlins in the same relative standing as on the territory Cheyenne-Laramie. 2. Employes holding seniority dates as brakemen or dual rights employes on the territory Laramie-Rawlins as of the close of the day on September 14, 1972 will retain prior rights in such service on the territory Laramie-Rawlins according to their then existing relative seniority status, and will be given a seniority date as brakemen on the territory Cheyenne-Laramie as of 12:01 AM, September 15, 1972 following the junior brakeman on the territory Cheyenne-Laramie in the same relative standing as on the territory Laramie-Rawlins. 3. Employes holding seniority dates as conductors on the territory Cheyenne-Laramie as of the- close of the day on September 14, 1972 will retain prior rights in such service on the territory Cheyenne-Laramie according to their then existing relative seniority status, and will be given a seniority date as conductors on the territory Laramie-Rawlins as of 12:01 AM, September 15, 1972 following the junior conductors on the territory Laramie-Rawlins in the same relative standing as on the territory Cheyenne-Laramie. 4. Employes holding seniority dates as conductors on the territory Laramie-Rawlins as of the close of the day on September 14, 1972 will retain prior rights in such service on the territory Laramie-Rawlins according to their then existing relative seniority status, and will be given a seniority date as conductors on the territory Cheyenne-Laramie as of 12:01 AM, September 15, 1972 following the junior conductor on the territory Cheyenne-Laramie in the same relative standing as on the territory Laramie-Rawlins. 5. Dual rights men hired on and after 12:01 AM September 15, 1972 on the Wyoming Division who elect to hold road rights on the territory Cheyenne-Rawlins will be accorded a seniority date as brakeman covering the entire territory Cheyenne-Rawlins. 6. On and after 12:01 AM September 15, 1972 a consolidated seniority roster will be maintained for the seniority district encompassing the territory Cheyenne-Rawlins. 7. Employes who on September 14, 1972 hold seniority as brakemen oil the territory Cheyenne-Laramie or Laramie-Rawlins who are promoted to conductor on or after September 15, 1972 will be considered prior rights conductors under the provisions of this agreement. 8. Employes holding seniority as brakeman and/or conductor on the territory Cheyenne-Laramie or Laramie-Rawlins who are temporarily suspended, dismissed from service, or on authorized leave on September 14, 1972 shall be accorded a seniority date in the other appropriate territory on their return to service in the same manner as though they had been in service on September 14, 1972. 9. Conductors or brakemen holding prior rights on either the territory Cheyenne-Laramie or Laramie-Rawlins may, but shall not be required to, exhaust their seniority on other than the territory whereon they hold prior rights before being furloughed. 10. Conductors holding prior rights on either the territory Cheyenne-Laramie or Laramie-Rawlins may, but shall not be required to by virtue of their seniority, accept assignment, other than extra, on that portion of the seniority district where they do not hold prior rights. Dated at Omaha, Nebraska this 14th day of September 1972. UNITED TRANSPORTATION UNION (C)
/s/ T. K. Tatman
General Chairman
UNITED TRANSPORTATION UNION (T)
/s/ J. R. Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 3
MODIFICATION OF THE INTERDIVISIONAL SERVICE AGREEMENT DATED MAY 22, 1972
FOR THE TERRITORY CHEYENNE-RAWLINS Part V, Section 3, Paragraph (b) of the Interdivisional Service Agreement dated May 22, 1972 between the Union Pacific Railroad and the United Transportation Union (C) (T) is amended to read as follows for the territory Cheyenne-Rawlins: (b) Any employe whose home terminal is moved a distance of less than 60 miles as a result of this agreement must, within three years from the effective date of the written notice referred to in Section 2, Part I of this agreement, elect in writing and file such election with the Superintendent of the Company and Local Chairman of the UTU whether he will change or not change his place of residence to his new home terminal. "Following the 60 day period referred to in paragraph (a) of this Section 3 and for a period of three years from the effective date of the written notice referred to in Section 2, Part I of this agreement,. Any employe whose home terminal is moved a distance of less than ·60 miles as a result of this agreement and who has not elected to change his place of residence shall be allowed a $5.00 driving allowance for each round trip to and from his new home terminal. "In the event any such employe elects not to change his place of residence or fails to make an election within the three year period referred to above. he will thenceforth be allowed a $5.00 driving allowance for each round trip to and from his new home terminal, which driving allowance shall be in lieu of any and all other benefits to which be otherwise may have been entitled under Section 9 of Article XIII of the National Agreement dated January 27. 1972." Dated at Omaha, Nebraska this 16th day of October, 1972 UNITED TRANSPORTATION UNION (C)
/s/ T. K. Tatman
General Chairman
UNITED TRANSPORTATION UNION (T)
/s/ J. R. Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 4
UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LABOR RELATIONS
E-013-23-4
October 23, 1972
V. K. Tatman, General Chairman
united Transportation Union (C)
Omaha, Nebraska
J. R. Dennis, General Chairman
United Transportation Union (T)
Omaha, Nebraska
Gentlemen: This refers to your joint letter of July 3, 1972 about application of Rule 49(b) of the Road Schedule to Conductors and brakemen in interdivisional service between Council Bluffs, Iowa and Marysville, Kansas. Rule 49(b) of the roadmen’s Schedule reads: “Council Bluffs – Marysville Service. When K.O. and C.K. trains are operated in two sections, crew will run through between Council Bluffs and Marysville, and be manned by four Nebraska Division crews and one Kansas Division crew. Mileage will be equalized at the end of each calendar year. Crews assigned to handle these trains will not be used in other service, and in event it is necessary to run a third section in either direction, crew injected into the assignment will be returned to his terminal deadhead unless used in unassigned through service. Home terminal will be Council Bluffs. Bulletin for Kansas Division crew shall stipulate crew may remain on run for one year without vacating or being displaced, except, conductors and brakemen may be displaced by senior conductors and brakemen who have been reduced from the extra board and who are no longer permitted to remain in service through such reduction.” It is understood that when posting bulletins for Kansas crews for interdivisional service between Council Bluffs and Marysville, Rule 49(b) will apply with the exception that Marysville will remain the home terminal for Kansas crews operating in such interdivisional service between Council Bluffs and Marysville. Also, in the event a permanent vacancy occurs in this service and there are no applications for such vacancy, it will be filled under the provisions of Rule 93(d)(1) of the Road Schedule This agreement is effective November 1, 1972 and will automatically terminate upon service of a 10-day written notice by any party to the agreement. Yours truly,
/s/ J. H. Kenny
ACCEPTED:
/s/ V. K. Tatman
General Chairman, UTU (C)
/s/ J. R. Dennis
General Chairman, UTU (T)
Item 5 (a)
This Agreement made and entered into this 28th day of November, 1972, by and between UNION PACIFIC RAILROAD COMPANY, EASTERN AND SOUTH-CENTRAL DISTRICTS (hereinafter called "Company") and the UNITED TRANSPORTATION UNION (C), EASTERN DISTRICT and the UNITED TRANSPORTATION UNION (C), SOUTH-CENTRAL DISTRICT, (hereinafter called "UTU") pursuant to Article XII, "Interdivisional Service" of the National Agreement dated January 27, 1972. It is mutually agreed by and between the parties hereto as follows: PART I
ESTABLISHMENT OF INTERDIVISIONAL SERVICE*
BETWEEN
SALT LAKE CITY, UTAH AND GREEN RIVER, WYOMING Section 1. In accordance with Section 2 of Article XII of the National Agreement dated January 27, 1972, and upon serving a sixty (60) day written notice the Company may establish interdivisional service between Salt Lake City, Utah and Green River, Wyoming, with Salt Lake City the home terminal. Section 2. The runs in this interdivisional service will be manned by Eastern District and South-Central District employes on the basis of the ratio of miles that the Eastern District and South-Central District employes, respectively. bear to the total miles of such service. section 3. Employes operating in this interdivisional service between salt Lake City and Green River will be allowed the actual road miles between the designated departure point at the initial terminal of the run and the designated arrival point at the final terminal of the run. * For the purposes of this Agreement, the phrase “Interdivisional Service” means “interdivisional, Interseniority District, Intradivisional and/or Intraseniority District Service” (Freight or passenger) as used in Article XII of the National Agreement dated January 27, 1972. Section 4. An interdivisional pool will be established at Salt Lake City consisting of both Eastern District and South-Central District crews in the approximate proportion that the miles of each district bear to the total miles of the run. Where the preponderance of traffic is westbound, not to exceed two non-interdivisional crews may be placed into the interdivisional pool at Green River on any calendar day with the understanding that the miles of such trips will be allocated as specified in Section 2 of this Part I to the two districts so that the equities of the two districts are maintained. PART II
RATES OF PAY AND EQUALIZATION OF MILEAGE Section 1. In this interdivisional service all miles run over one hundred (100) shall be paid for at the mileage rate established by the basic rate of pay for the-first one hundred (100) miles or less. Section 2. The designated representatives of the Company and Local Chairmen of the UTU will meet periodically (at least every 60 days) for the purpose of making Whatever adjustments are necessary to equalize mileage between Eastern District and South-Central District employes as specified in Part I, Section 2 of this Agreement. PART III
EXTRA SERVICE Section 1. Vacancies accruing to Eastern District employes at Salt Lake City in Salt Lake City-Green River interdivisional service will be manned by Eastern District employes. Vacancies accruing to South-Central District employes at Salt Lake City in Salt Lake City-Green River interdivisional service will be manned by South-Central District employes. Section 2. Vacancies accruing to Eastern District employes at Green River in Salt Lake City-Green River interdivisional service will be manned by Eastern District employes. Vacancies accruing to South Central District employes at Green River in Salt Lake City Green River interdivisional service will be manned by South Central District employes. In the event no such employe (Eastern or South Central District) can be made available for the vacancy at Green River, the vacancy will be manned by an employe from the next out interdivisional crew at Green River. In the event a vacancy at Green River cannot be filled as set out above, the vacancy will be manned by an Eastern District pool freight employe with miles made by such employe allocated to Eastern District and South Central District employes as specified in Part I, Section 2 of this Agreement. PART IV
MISCELLANEOUS PROVISIONS Section 1. When an employe engaged in interdivisional service is required to report for duty for an interdivisional service train or is relieved from duty on an interdivisional service train at a point other than the on and off duty points fixed for the service established hereunder, the Company shall authorize and provide suitable transportation for the employe. NOTE: Suitable transportation includes Company owned or provided passenger carrying motor vehicles or taxi, but excludes other forms of public transportation. Section 2. On interdivisional runs established under this agreement, employes will be allowed a $2.00 meal allowance after four (4) hours at the away-from-home terminal and another $2.00 allowance after being held an additional eight (8) hours. Section 3. In order to expedite the movement of interdivisional runs, crews on runs of 100 miles or less. will not stop to eat except in cases of emergency or unusual delays. For crews on runs of more than 100 miles, the Company shall determine the conditions under which such crews may stop to eat. When crews on runs of more than 100 miles are not permitted to stop to eat, members of such crews shall be paid an allowance of $1.50 for the trip. Section 4. An employe called for this interdivisional service and not used shall be allowed 50 miles and stand first-out; and if held on duty to exceed four (4) hours, such employe shall be allowed 100 miles and when rested will stand first-out and shall be restored to his same relative position on the pool board at first opportunity. Section 5. A disciplinary hearing involving an employe who is engaged in this interdivisional service will be held at whichever point, Salt Lake City or Ogden, the majority of the crew resides·. Section 6. Employes engaged in this interdivisional service will not be called for short turnaround service. PART V
NON-INTERDIVISIONAL SERVICE Non-interdivisional service, including dog-catching·, will continue to be manned by employes from the seniority district over which such non-interdivisional service operates. PART VI
IMPLEMENTING PROCEDURE Section 1. The notice referred to in Part I, Section 1 of this agreement may be served by the Company on or after 12:01 AM, November 29, 1972. Section 2. Subject to the provisions of Part I, Section 4 of this agreement a single interdivisional pool will be established and maintained at Salt Lake City, and employes will operate in this interdivisional service on a first-in, first-out basis from that interdivisional pool. PART VII
NO DUPLICATION OF BENEFITS The receipt of benefits by an employe under this agreement shall constitute a waiver of any right of such employe to receive a duplication of benefits under any other agreement to which the Company is a party. PART VIII
EFFECT ON AGREEMENT RULES Nothing herein contained shall be construed as modifying or amending any of the provisions of the Schedule Agreements between the Company and the UTU, except as herein provided. PART IX This agreement shall become effective November 28, 1972 and will remain in full force and effect until changed in accordance with the provisions of the Railway Labor Act, as amended. Dated at Denver, Colorado, this 28th day of November, 1972. UNITED TRANSPORTATION UNION (C)
/s/ V. K. Tatman
General Chairman, Eastern Dist.
/s/ C. G. Kunze
General Chairman, South-Central District
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations, Eastern District
/s/ Alden Lott
Director of Labor Relations, South Central District
Item 5 (b)
MEMORANDUM OF UNDERSTANDING IN CONNECTION WITH THE ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY, UTAH, AND GREEN RIVER, WYOMING, PURSUANT TO THE AGREEMENT DATED NOVEMBER 28, 1972. Conductors holding seniority as such on the affected Eastern District and South-Central District seniority rosters on the date of the written notice referred to in Part I, Section 1 of the Salt Lake City-Green River Interdivisional Service Agreement" dated November 28, 1972; will be allowed, in lieu of the actual miles provided for in Part I, Section 3, 232 road miles for trips between Salt Lake City and Green River, with 189 (81%) of those miles allocated to Eastern District employes and 43 (19%) of those miles allocated to South-Central District employes. Dated at Denver, Colorado, this 28th day of November, 1972. UNITED TRANSPORTATION UNION (C)
/s/ V. K. Tatman
General Chairman, Eastern Dist.
/s/ C. G. Kunze
General Chairman, South-Central District
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations, Eastern District
/s/ Alden Lott
Director of Labor Relations, South Central District
Item 6 (a)
This Agreement made and entered into this 28th day of November, 1972, by and between UNION PACIFIC RAILROAD COMPANY, EASTERN AND SOUTH-CENTRAL DISTRICTS (hereinafter called "Company") and the UNITED TRANSPORTATION UNION (T) , EASTERN DISTRICT and the UNITED TRANSPORTATION UNION (T), SOUTH-CENTRAL DISTRICT, (hereinafter called "UTU") pursuant to Article XII, "Interdivisional Service" of the National Agreement dated January 27, 1972.
It is mutually agreed by and between the parties hereto as follows: PART I
ESTABLISHMENT OF INTERDIVISIONAL SERVICE*
BETWEEN
SALT LAKE CITY, UTAH AND GREEN RIVER, WYOMING Section 1. In accordance with Section 2 of Article XII of the National Agreement dated January 27, 1972, and upon serving a sixty (60) day written notice the Company may establish interdivisional service between Salt Lake City, Utah and Green River, Wyoming, with Salt Lake City the home terminal. Section 2. The runs in this interdivisional service will be manned by Eastern District and South-Central District employes on the basis of the ratio of miles that the Eastern District and South-Central District employes, respectively, "bear to the total miles of such service. Section 3. Employes operating in this interdivisional service between Salt Lake City and Green River will be allowed the actual road miles between the designated departure point at the initial terminal of the run and the designated arrival point at the final terminal of the run. * -For the purposes of this Agreement, the phrase “Interdivisional Service” means “Interdivisional, Interseniority District, Intradivisional and/or Intraseniority District Service" (Freight or Passenger) as used in Article XII of the National Agreement dated January 27, 1972. Section 4. An interdivisional pool will be established at Salt Lake City consisting of both Eastern District and South Central District crews in the approximate proportion that the miles of each district bear to the total miles of the run. Where the preponderance of traffic is westbound, not to exceed two non- interdivisional crews may be placed into the interdivisional pool at Green River on any calendar day with the understanding that the miles of such trips will be allocated as specified in Section 2 of this Part I to the two districts so that the equities of the two districts are maintained. PART II
RATES OF PAY AND EQUALIZATION OF MILEAGE Section 1. In this interdivisional service all miles run over one hundred (100) shall be paid for at the mileage rate established by the basic rate of pay for the first one hundred (100) miles or less. Section 2. The designated representatives of the Company and Local Chairmen of the UTU will meet periodically (at least every 60 days) for the purpose of making whatever adjustments are necessary to equalize mileage between Eastern District and South-Central District employes as specified in Part I, Section 2 of this Agreement. PART III
EXTRA SERVICE Section 1. Vacancies accruing to Eastern District employes at Salt Lake City in Salt Lake City-Green River interdivisional service will be manned by Eastern District employes. Vacancies accruing to South-Central District employes at Salt Lake City in Salt Lake City-Green River interdivisional service will be manned by South-Central District employes. Section 2. Vacancies accruing to Eastern District employes at Green River in Salt Lake City-Green River interdivisional service will be manned by Eastern District employes. Vacancies accruing to South Central District employes at Green River in Salt Lake City Green River interdivisional service will be. manned by South Central District employes. In the event no such employe (Eastern or South Central District) can be made available for the vacancy at Green River, the vacancy will be manned by an employe from the next out interdivisional crew at Green River. In the event a vacancy at Green River cannot be filled as set out above, the vacancy will be manned by an Eastern District pool freight employe with miles made by such employe allocated to Eastern District and South Central District employes as specified in Part I, Section 2 of this Agreement. PART IV
MISCELLANEOUS PROVISIONS Section 1. When an employe engaged in interdivisional service is required to report for duty for an interdivisional service train or is relieved from duty on an interdivisional service train at a point other than the on and off duty points fixed for the service established hereunder, the Company shall authorize and provide suitable transportation for the employe. NOTE: Suitable transportation includes Company owned or provided passenger carrying motor vehicles or taxi, but excludes other forms of public transportation. Section 2. On interdivisional runs established under this agreement, employes will be allowed a $2.00 meal allowance after four (4) hours at the away-from-home terminal and another $2.00 allowance after being held an additional eight (8) hours. Section 3. In order to expedite the movement of interdivisional runs, crews on runs of 100 miles or less will not stop to eat except in cases of emergency or unusual delays. For crews on runs of more than 100 miles, the Company shall determine the conditions under which such crews may stop to eat. When crews on runs of more than 100 miles are not permitted to stop to eat, members of such crews shall be paid an allowance· of $1.50 for the trip. Section 4. An employe called for this interdivisional service and not used shall be allowed 50 miles and stand first-out; and if held on duty to exceed four (4) hours, such employe shall be allowed 100 miles and when rested will stand first-out and shall be restored to his same relative position on the pool board at first opportunity. Section 5. A disciplinary hearing involving an employe who is engaged in this interdivisional service will be held at whichever point, Salt Lake City or Ogden, the majority of the crew resides. Section 6. Employes engaged in this interdivisional service will not be called for short turnaround service. PART V
NON-INTERDIVISIONAL SERVICE Non-interdivisional service, including dog-catching, will continue to be manned by employes from the seniority district over which such non-interdivisional service operates. PART VI
IMPLEMENTING PROCEDURE Section 1. The notice referred to in Part I, Section 1 of this agreement may be served by the Company on or after 12:01 AM, November 29, 1972. Section 2. Subject to the provisions of Part I, Section 4 of this agreement a single interdivisional pool will be established and maintained at Salt Lake City, and employes will operate in this interdivisional service on a first-in, first-out basis from that interdivisional pool. PART VII
NO DUPLICATION OF BENEFITS The receipt of benefits by an employe under this agreement shall constitute a waiver of any right of such employe to receive a duplication of benefits under any other agreement to which the Company is a party. PART VIII
EFFECT ON AGREEMENT RULES Nothing herein contained shall be construed as modifying or amending any of the provisions of the Schedule Agreements between the Company and the UTU, except as herein provided. PART IX This agreement shall become effective November 28, 1972 and will remain in full force and effect until changed in accordance with the provisions of the Railway Labor Act, as amended. Dated at Denver, Colorado, this 28th day of November, 1972. UNITED TRANSPORTATION UNION (T)
/s/ J. R. Dennis
General Chairman, Eastern Dist.
/s/ W. H. Henry
General Chairman, South-Central District
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations, Eastern District
/s/ Alden Lott
Director of Labor Relations, South Central District
Item 6 (b)
MEMORANDUM OF UNDERSTANDING IN CONNECTION WITH THE ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY. UTAH. AND GREEN RIVER. WYOMING. PURSUANT TO THE AGREEMENT DATED NOVEMBER 28. 1972. Brakemen holding seniority as such on the affected Eastern District and South-Central District seniority rosters on the date of the written notice referred to in Part I. Section 1 of the Salt Lake City-Green River Interdivisional Service Agreement dated November 28. 1972. will be allowed. in lieu of the actual miles provided for in Part I. Section 3. 232 road miles for trips between Salt Lake City and Green River. with 189 (81%) of those miles allocated to Eastern District employes and 43 (19%) of those miles allocated to South-Central District employes. UNITED TRANSPORTATION UNION (C)
/s/ J. R. Dennis
General Chairman, Eastern Dist.
/s/ W. H. Henry
General Chairman, South-Central District
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations, Eastern District
/s/ Alden Lott
Director of Labor Relations, South Central District Item 7 (a) This Agreement made and entered into this ~ day of November, 1972, by and between UNION PACIFIC RAILROAD COMPANY, EASTERN DISTRICT (hereinafter called "Company") and the UNITED TRANSPORTATION UNION. (C) (hereinafter called "UTU") pursuant to Article XII "Interdivisional Service" of the National Agreement dated· January 27, 1972. Upon establishment of Interdivisional Service between Salt Lake City, Utah, and Green River, Wyoming, pursuant to the salt Lake City-Green River-Interdivisional Service Agreement dated November ~ 1972 between the Eastern and South-Central Districts of the Company and the UTU representing Eastern and South-Central District conductors, the following shall apply to Eastern District employes holding seniority in the Ogden-Green River territory actually engaged in such interdivisional service: . PART I
RULES CHANGES Section 1. Paragraph (a) of Rule 29 “overtime” will be modified as follows: "On interdivisional runs of 200 miles or less, overtime will begin at the expiration of 8 hours: on runs of over 200 miles overtime will begin when the time on duty exceeds the miles run divided by 25, or in any case, when on duty in excess of 10 hours. Overtime shall be paid for on the minute basis .at a rate per hour of 3/l6tbs of .the daily rate. "When overtime, initial terminal delay and final terminal delay accrue on the same trip, allowance will be the combined initial and final terminal delay time, or overtime, whichever is" the greater." Overtime paid employes in interdivisional service under this paragraph (a) will be computed and paid for on the speed basis of 12 1/2 miles per hour at the rate of time and one-half. Section 2. The first paragraph of Rule 74 “Held at Other Than Home Terminal", is modified to read: "Employes in interdivisional service held at other than home terminal will be paid continuous time for all time so held after the expiration of sixteen hours from the time relieved from previous duty at a rate per hour of 1/8th of the daily rate paid them for the last service performed." PART II
RETIREMENT ALLOWANCE· section 1. Employes holding seniority in the 'Ogden-Green River territory may, at the company's option, be given an opportunity to resign and accept a retirement allowance. The amount of the retirement· allowance will be based upon the age of the employe as of his nearest birthday on the date such allowance is offered, The amount of the allowance will be: Age at Nearest Birthday \ Allowance CHART NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT
DOWNLOAD 'PDF' FOR FULL CHART In determining retirement allowances. the appropriate number of months' pay will correspond with the earnings in the same number of months in which compensated service was performed immediately preceding the last day of compensated service. For the purpose-of this agreement, the ages and birth' dates of employes will be those shown in the records of the Company. Section 2. The acceptance of the retirement allowance shall be at the option of the eligible employe to whom offered. Acceptance shall be in writing, shall be irrevocable and shall be received by the officer offering the allowance within fifteen (15) calendar days of receipt of such offer. Section 3. An eligible employe who elects to accept and is awarded an allowance shall thereupon terminate his employment relationship with the Company, and the effective date of such termination shall be that date so specified by the Company and such date shall be within thirty (30)days of the date of the offer unless otherwise agreed by the parties hereto. A minimum of fifteen (15) calendar days' .advance notice of the date of termination: of employment shall be given the employe offered a retirement allowance. . Section 4. The allowance provided in this Part :n shall be paid within sixty·(60) calendar days of the date of the termination of employment relationship of the eligible employe except at the option of the eligible employe the allowance may be paid in two (2) or three (3) annual installments on the anniversary date of termination. Section 5. The retirement allowance herein provided for will be in addition to any vacation allowance to which an employe accepting such retirement allowance is entitled as of the date of his retirement. PART III
GUARANTEES Section 1. For a period of three (3) months from the effective date of ·the establishment of interdivisional service between Salt Lake City and Green River an employe assigned and working in such interdivisional service will be entitled to his pro rated portion of a monthly guarantee of 3900 district miles for each full calendar day on which he works in such interdivisional service. section 2. For a period of ten (10) years following the expiration of the three (3) month period provided for in Section 1 of this Part III, if an employe working in interdivisional service earns less than 3850 miles in any calendar month due to crews being called other than pursuant to Part VI, Section 2 of the Salt Lake City - Green River Interdivisional Runs Agreement dated November ~ 1972, the Company shall reimburse such employe for such loss. The reimbursement provided for in this Section 2 shall be applied on a pro rated basis to an employe working in this interdivisional . service during only a portion of the calendar month. PART IV
NON-INTERDIVISIONAL SERVICE Non-interdivisional service will continue to be manned by employes from the seniority district over which such non-interdivisional service operates. Employes engaged in this interdivisional service will not be used in non-interdivisional service. PART V
MISCELLANEOUS PROVISIONS Section 1. Except in case of wrecks. floods. Washouts and storms, an employe manning this interdivisional service will not be tied up enroute under the Hours of Service Act and held at such intermediate point and then required to resume his trip after obtaining legal rest. In the event of non-compliance with this Section 1. the held employe will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to his same relative position on the board, insofar as Eastern District employes are concerned. Section 2. An employe in this interdivisional service having time to work under the Hours of Service Act will not be required to exchange trains with an employe who is on short time under the Hours of Service Act. In the event of non-compliance with this Section 2 the employes who are required to exchange trains will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to their same relative positions on the board. insofar as Eastern District employes are concerned. Section 3. The company will, provide a facility at Salt Lake City properly equipped for the use of employes who reside at Ogden and are standing by at Salt Lake City waiting for a call for the Salt Lake City-Green River interdivisional service. Section 4. If a disciplinary hearing involving an Eastern District employe engaged in this interdivisional service is held at Salt Lake City and the employe is thereby required to travel between Ogden and Salt Lake City, such employe will be allowed deadhead miles between Ogden and Salt Lake city. PART VI
NO DUPLICATION OF BENEFITS The receipt of benefits by an employe under this agreement shall constitute a waiver of any right of such employe to receive a duplication of benefits under any other agreement to which the Company is a party. PART VII
EFFECT ON AGREEMENT RULES Nothing herein contained shall be construed as modifying or amending any of the provisions of the Schedule Agreement between the Company and the UTU except as herein provided. PART VIII
This agreement shall become effective November 29, 1972 and will remain in full force and effect until Changed in accordance with the provisions of the Railway Labor Act as amended., Dated at Denver, Colo this 29th day of November, 1972. UNITED TRANSPORTATION UNION (C)
/s/ V. K. Tatman
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 7 (b)
MEMORANDUM OF UNDERSTANDINGS IN CONNECTION WITH THE ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY, UTAH AND GREEN RIVER, WYOMING PURSUANT TO THE AGREEMENT DATED NOVEMBER 29, 1972 Section 1. An employe (regular or extra) Who is required to report for duty and/or is relieved from duty at Salt Lake City pursuant to the Salt Lake City-Green River Interdivisional Service Agreement dated November ~1972 will not be considered as having been required to change his residence under the provisions of Section 9 of Article XIII of the National Agreement dated January 27, 1972, nor will he be considered as having been required to make a compensable deadhead movement and in lieu thereof: (a) A conductor (regular or extra) Who holds seniority as such on the Ogden-Green River Seniority District as of the date interdivisional service is established pursuant to the agreement dated November ~ 1972 Who is required to report for duty and is relieved from duty at salt Lake City in interdivisional service will be allowed a $5.00 driving allowance for each round trip. A conductor (regular or extra) Who holds seniority as such on the Ogden-Green River Seniority District as of the date interdivisional service is established pursuant to the agreement dated November ~ 197s and Who is relieved from duty at salt Lake City in interdivisional service but who did not report for duty at salt Lake City, will be allowed 7 miles at the basic rate of pay and will be provided transportation to Ogden by the Company. . If such transport does not begin within 35 minutes from time of tie-up, final time will resume after the 35th minute following tie-up. Once final time begins to accrue under this Section 1(a) it will continue to accrue until transport is begun with a minimum allowance of 30". (b) After qualifying for 30 of the driving and/or mileage allowances provided for in paragraph (a) of this Section 1, the employe may, at his option, within· 60 days of the date he qualifies for his 30th such allowance, elect to receive a lump sum of $2,000, which lump sum allowance will be in lieu of any future driving and/or mileage allowances (c) In the event a qualifying employe does not elect to receive the $2,000 lump sum allowance referred to in paragraph (b) of this Section 1 within the specified 60-day period, he may at a later date elect to receive such lump sum allowance less all driving and . mileage allowances paid after the 60-day period. Section 2. The receipt of benefits under this agreement shall constitute a waiver of any right of such employe to claim or receive the same or any similar benefits under any other agreement to Which the Union Pacific is a party. Section 3. This agreement shall become effective November ~ 1972 and will remain in full force and effect until changed in accordance with the Railway Labor Act, as amended. Dated at Denver, Colo this ~ day of November, 1972 UNITED TRANSPORTATION UNION (C)
/s/ V. K. Tatman
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 7(c)
MEMORANDUM OF UNDERSTANDING OGDEN-GREEN RIVER POOL FREIGHT SERVICE CONDUCTORS Upon establishment of interdivisional service between Salt Lake City, Utah and Green River, Wyoming pursuant to the Salt Lake City-Green River Interdivisional Service Agreement dated November ## 1972 between the Eastern and South Central Districts of the Union Pacific Railroad and the united Transportation Union (C) representing Eastern District and South central District conductors, the following provisions of the Salt Lake ,City-Green River Interdivisional service Agreement dated November~ 1972 will apply to Ogden-Green River conductors engaged in pool freight service between Ogden and Green River: 1. PART I, Section 2
2. PART V, Section 1
3. PART V, Section 2 Dated at Denver, Colo this 29th day of November, 1972 UNITED TRANSPORTATION UNION (C)
/s/ V. K. Tatman
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 8 (a)
This Agreement made and entered into this ~ day of November, 1972, by and between UNION PACIFIC RAILROAD COMPANY, EASTERN DISTRICT (hereinafter called Company") and the UNITED TRANSPORTATION UNION (T) (hereinafter called "UTU") pursuant to Article XII "Interdivisional· Service" of the National Agreement dated January 27, 1972. upon establishment of Interdivisional Service between Salt Lake City, Utah, and Green River, Wyoming, pursuant to the Salt Lake City-Green River Interdivisional Service Agreement dated November~ 1972 between the Eastern and South-Central Districts of the Company and the UTU representing Eastern and South-Central District brakemen, the following will apply to Eastern District employes holding seniority in the Ogden-Green River territory actually engaged in such interdivisional service: PART I
RULES CHANGES Section 1. Paragraph (a) of Rule 29 ·Overtime will be modified as follows: ·On interdivisional runs of 200 miles· or less, overtime will begin at the expiration of 8 hours;
on runs of over 200 miles overtime will begin When the time on duty exceeds the miles run divided by 25, or in any case, When on duty in excess of 10 hours. Overtime shall be paid for on the minute basis at a rate per hour of 3/16ths of the daily rate. "When overtime, initial terminal delay and final . terminal delay accrue on the same trip, allowance will be the combined· initial and final terminal delay time, or overtime., Whichever is the greater." Overtime paid employes in interdivisional service under (this paragraph (a) will be computed and paid for on the speed basis of 12 1/2 miles per hour at the rate of time and one-half. Section 2. The first paragraph of Rule 74 “Held at Other Than Home Terminal", is modified to read: "Employes in interdivisional service held at other than home terminal will be paid continuous time for all time so held after the expiration of sixteen hours from the time relieved from previous duty at a rate per hour of l/8th of the daily rate paid them for the last service performed." PART II
RETIREMENT ALLOWANCE Section 1. 'Employes holding seniority in the Ogden Green River territory may, at the Company's option, be given an opportunity to resign and accept a retirement allowance. The amount of the retirement allowance will be based upon the age of the employe as of his nearest birthday on the date such allowance is offered. The amount of the allowance will be: Age at Nearest Birthday \ Allowance CHART NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT
DOWNLOAD 'PDF' FOR FULL CHART In determining retirement allowances, the appropriate number of months' pay will correspond with the earnings in the same number of months in which compensated service was performed immediately preceding the last day of ,compensated service. For the purpose ,of this agreement, the ages and birth dates of employes will be those shown in the records of the Company. Section 2. 'The acceptance of the retirement allowance shall be at the option of the eligible employe to Whom offered. Acceptance shall be in writing, shall be irrevocable and shall be received by the officer offering the allowance within fifteen (15) calendar days of receipt of such offer. Section 3. An eligible employe Who elects to accept and is awarded an allowance shall thereupon terminate his employment relationship with the Company, and the effective date of such termination shall be that date so specified by the Company and such date shall be within thirty (30)days of the date of the offer unless otherwise agreed by the parties hereto. A minimum of fifteen (15) calendar days' advance notice of the date of termination of employment shall be given the employe offered a retirement allowance. Section 4. The allowance provided in this Part II shall be paid within sixty, (60) calendar days of the date of the termination of employment relationship of the eligible employe except at the option of the eligible employe the allowance may be paid in two (2) or three (3) annual installments on the anniversary date of termination. Section 5. The retirement allowance herein provided for will in addition to any vacation allowance to Which an employe accepting such retirement allowance is entitled as of the date of his retirement. PART III
GUARANTEES Section 1. For a period of three (3) months from the effective date of the establishment of interdivisional service between Salt Lake City and Green River an employe assigned and working in such interdivisional service will be entitled to his pro rated portion of a monthly guarantee of 3900 district miles for each full calendar day on which he works in such interdivisional service. Section 2. For a period of ten (10) years following the expiration of the three (3) month period provided for in Section 1 of this Part III, if an employe working in interdivisional service earns less than 3850 miles in any calendar month due to crews being called other than pursuant to Part VI, Section 2 of the Salt Lake City - Green River Interdivisional Runs Agreement dated November ~ 1972, the Company shall reimburse such employe for such loss. The reimbursement provided for in this section 2 shall be applied on a pro rated basis to an employe working in this interdivisional service during only a portion of the calendar month PART IV
NON-INTERDIVISIONAL SERVICE Non-interdivisional service will continue to be manned by employes from the seniority district over which such non-interdivisional service operates. Employes engaged in this interdivisional service will not be used in non-interdivisional service. PART V
MISCELLANEOUS PROVISIONS Section 1. Except in case of wrecks, floods, washouts and storms, an employe manning this interdivisional service will not be tied up enroute under the Hours of Service Act and held at such intermediate point and then required to resume his trip after obtaining legal rest. In the event of non-compliance with this Section 1, the held employe will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to his same relative position on the board, insofar as Eastern District employes are concerned. Section 2. An employe in this interdivisional service having time to work under the Hours of Service Act will not be required to exchange trains with an employe who is on short time under the Hours of Service Act. In the event of non-compliance with this Section 2 the employes who are required to exchange trains will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to their same relative positions on the board, insofar as Eastern District employes are concerned. section 3. The Company will provide a facility at Salt Lake City properly equipped for the use of employes who reside at Ogden and are standing by at Salt Lake city waiting for a call for the Salt Lake City-Green River interdivisional service. Section 4. If a disciplinary hearing involving an Eastern District employe engaged in this interdivisional service is held at Salt Lake City and the employe is thereby required to travel between Ogden and Salt Lake City, such employe will be allowed deadhead miles between Ogden and Salt Lake City. Section 5. In the application of Part III, Section 2 of the Salt Lake City-Green River Interdivisional Service Agreement dated November 7, 1972 the provisions of the agreement dated October 7, 1970 titled "Brakemen Used Off Assignment" shall apply insofar as Eastern District brakemen are concerned. PART VI
NO DUPLICATION OF BENEFITS The receipt of benefits by an employe under this agreement shall constitute a waiver of any right of such employe to receive a duplication of benefits under any other agreement to which the company is a party. PART VII
EFFECT ON AGREEMENT RULES Nothing herein contained shall be construed as modifying or amending any of the provisions of the Schedule Agreement between the Company and the UTU, except as herein provided. PART VIII This agreement shall become effective November~ 1972 and will remain in full force and effect until changed in accordance with the, provisions of the Railway Labor Act, as amended. Dated at Denver, Colo this ~ day of November, 1972. UNITED TRANSPORTATION UNION (T)
/s/ J. R. Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 8 (b) MEMORANDUM OF UNDERSTANDINGS IN CONNECTION WITH THE ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY, UTAH AND GREEN RIVER, WYOMING PURSUANT TO THE AGREEMENT DATED NOVEMBER ~ 1972. Section 1. An employe (regular or extra) who is required to report for duty and/or is relieved from duty at Salt Lake City pursuant to the Salt Lake city-Green River Interdivisional Service Agreement dated November~ 1972 will not be considered as having been required to Change his residence under the provisions of Section 9 of Article XIII of the National Agreement dated January 27, 1972, nor will he be considered as having been required to make a compensable deadhead movement; and in lieu thereof: (a) A brakeman (regular or extra) who holds seniority as such on the Ogden-Green River Seniority District as of the date interdivisional service is established pursuant to the agreement dated November~ 1972, Who is required to report for duty and is relieved from duty at Salt Lake City in interdivisional service will be allowed a $5.00 driving allowance for each round trip. A brakeman (regular or extra) who holds seniority as such on the Ogden-Green River Seniority District as of the date interdivisional service is established pursuant to the agreement dated November -- 1972, and Who is relieved from duty at Salt Lake City in interdivisional service but who did not report for duty at Salt Lake City, will be allowed 7 miles at the basic rate of pay and will be provided transportation to Ogden by the Company. If such transport does not begin within 35 minutes from time of tie-up, final time will resume after the 35th minute following tie-up. Once final time begins 'to accrue under this Section 1 (a) it will continue to accrue until transport is begun with a minimum allowance of 30” . (b) After-qualifying for 30 of the driving and/or mileage allowances provided for in paragraph (a) of this Section 1,· the employe may, at his option, within 60 days of the date he qualifies for his 30th such allowance, elect to receive a lump sum of $2,000, which lump sum allowance –will be in lieu of any future driving and/or mileage allowances. (c), In the event a qualifying employe does not elect to receive the $2,000 lump sum allowance referred to in paragraph (b) of this Section I' within the. specified 60-day period, he may at a later date-elect to receive such lump sum allowance less all driving and mileage allowance paid -after the 60-day period. . Section 2. The receipt of benefits under this agreement shall constitute a waiver of any right of such employe to claim or receive the same or any similar benefits under any other agreement to which the Union Pacific is a party. Section 3. This agreement shall become effective November~ 1972 and will remain in full force and effect until changed in accordance with the Railway Labor Act, as amended. Dated at Denver, Colo this – day of November, 1972 UNITED TRANSPORTATION UNION (T)
/s/ J R Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 8(c) MEMORANDUM OF UNDERSTANDING
OGDEN-GREEN RIVER POOL FREIGHT SERVICE BRAKEMEN Upon establishment of interdivisional service between Salt Lake City, Utah and Green River, Wyoming pursuant to the Salt Lake City-Green River Interdivisional Service Agreement dated November~ 1972· between the ·Eastern and South Central Districts of the Union Pacific Railroad and the United Transportation Union (T) representing Eastern District and South Central District brakemen, the following provisions of the Salt Lake City-Green River Interdivisional Service Agreement dated November 111,1972 will apply to Ogden-Green River brakemen engaged in pool freight service between Ogden and
Green River: 1. PART I, Section 2 2. PART V, Section 1 3. PART V, Section 2 Dated at Denver, Colo this ~ day of November, 1972. UNITED TRANSPORTATION UNION (T)
/s/ J. R. Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Eastern District Item 9 November 4, 1977 #4
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY AND GREEN RIVER MODIFICATION OF NOVEMBER 29, 1972 AGREEMENTS TITLED "MEMORANDUM OF UNDERSTANDINGS IN CONNECTION WITH THE ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY, UTAH AND GREEN RIVER, WYOMING PURSUANT TO THE NOVEMBER 29, 1972 AGREEMENT" Section 1. The $5 driving allowance for each round trip referred to in section 1(a) of the November 29, 1972 agreements is increased to $8. Section 2. The $2,000 lump sum referred to in section l(b) of the November 29, 1972 agreements is increased to $2,500. Section 3. Trainmen who received the $2,000 lump sum settlement under section l(b) of the November 29, 1972 agreements will be entitled to a driving allowance of $2.50 under section l(a) of the November 29, 1972 agreements. Section 4. Trainmen who receive a lump sum allowance of $2,500 under the agreements establishing interdivisional service between Salt Lake City and Rawlins will not be entitled to the benefits of the November 29, 1972 agreements. Section 5. This agreement disposes of that portion of item 2 of the UTU(C)&(T) section 6 notice of May 4, 1976 dealing with driving allowances between Ogden and Salt Lake City. Section 6. This agreement will become effective upon execution of the November 4, 1977 agreements dealing with the establishment of interdivisional service between Salt Lake City and Rawlins. Dated at Omaha, Nebraska this 4th day of November 1977. UNITED TRANSPORTATION UNION (C) & (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 10
E-013-23-4-IR
RLA-6-391
RLA-6-393
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY
EASTERN AND SOUTH CENTRAL DISTRICTS
and
UNITED TRANSPORTATION UNION (C) AND (T)
EASTERN AND SOUTH CENTRAL DISTRICTS INTERDIVISIONAL SERVICE - SALT LAKE CITY-GREEN RIVER IT IS AGREED that the provisions of the current Schedule Agreements between – Union Pacific Railroad company-Eastern District and the United Transportation Union (C) and (T), effective November 1, 1957 and; union Pacific Railroad Company-South Central District and the United Transportation Union (c), effective January 1, 1954, and; union Pacific Railroad Company-South Central District and the United Transportation Union (T), effective October 16, 1958, are hereby modified with respect to their application to crews operating in Salt Lake City-Green River interdivisional service to the extent provided herein: 1. Pool freight crews run around in Salt Lake City Yard, or enroute between Salt Lake City and Green River, will upon arrival at Green River be given the same relative position on the list at Green River that they held prior to leaving Salt Lake City, .except that crews with less time to work than required by the current schedules, or who become first-out before having required rest, shall stand first-out after rest period, and upon arrival at Salt Lake City shall be given same relative position on list as was held prior to leaving Salt Lake City on last trip. 2. Pool freight crews who are run around in Green River Yard, or enroute between Green River and Salt Lake City, will upon arrival at Salt Lake City be given the same relative position on the list at Salt Lake City that they held prior to leaving Green River, except as provided in paragraph 1. 3. This agreement shall become effective March 1, ·1973, and will automatically terminate ten (10) days after service of notice by any party upon the others of desire to terminate it, at which time the schedule rules affected by this agreement will be in full force and effect. Dated this 26th day of February 1973. FOR THE EMPLOYES :
/s/ V. K. Tatman
General Chairman
UTU-C Eastern District
/s/ J. R. Dennis
General Chairman
UTU-T Eastern District
/c/ C. G. Kunze
General Chairman
UTU-C South Central District
/c/ W. H. Henry
General Chairman
UTU-T South Central District
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Eastern District
/s/ Alden Lott
Director of Labor Relations South Central District Item 11 E-013-23-83
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) DOGCATCHING IN THE TERRITORY CHEYENNE-RAWLINS Section 1. Dogcatching of westbound interdivisional crews between Cheyenne and Rawlins shall be performed in the following manner: A. By an available, westbound crew deadheading in interdivisional service. B. When no crew is available to perform dogcatching service in accordance with paragraph A of this Section 1; by an available Laramie pool crew. C. When no crew is available to perform dogcatching service in accordance with paragraphs A or B of this Section 1; by an interdivisional crew available at Rawlins. i. An interdivisional crew used to dogcatch in accordance with paragraph C of this Section 1 will be allowed a minimum of 195 miles for such service and will establish a new position on the board on their return to Rawlins. Section 2. Dogcatching of eastbound interdivisional crews between Rawlins and Cheyenne shall be performed in the following manner: A. By an available eastbound crew deadheading in interdivisional service. B. When no crew is available to perform dog catching service in accordance with paragraph A of this Section 2; by a non-interdivisional crew from the territory over which such dog catching service operates. C. When no crew is available to perform dogcatching service in accordance with paragraphs A or B of this Section 2; by an extra board crew from the seniority district of the crew requiring dogcatching and such extra board crew shall handle the train to Cheyenne. section 3. Dogcatching of crews in the Laramie pool shall be performed by Laramie pool crews. In the event of noncompliance with this Section 3 through the use of employes operating in interdivisional service to dogcatch a Laramie pool crew, such employes operating in interdivisional service so used will be allowed a penalty payment of 50 miles. section 4. If a westbound interdivisional crew is turned at or before reaching Dale (Sherman) and returns to Cheyenne, such crew shall receive an allowance of 100 miles for such service. A. Such crew shall stand first out on return to Cheyenne and shall be called in turn if, in the opinion of the Carrier, the crew has sufficient time to work over the district. B. If, in the opinion of the Carrier, such crew, on return to Cheyenne, does not have sufficient time to work over the district, the crew will stand first out after having received eight (8) hours rest and will be restored to their original position on the board on their return to Cheyenne. Section 5. If a westbound interdivisional crew is turned after leaving Dale (Sherman) and returns to Cheyenne, such crew shall receive payment equivalent to round trip district mileage for such service and shall retain their original position on the board. Section 6. This agreement shall be effective January 15, 1974 and shall terminate ten (10) days after written notice is served by either party upon the other. Dated at Omaha, Nebraska, January 3, 1974. UNITED TRANSPORTATION UNION (C) & (T)
/s/ V. K. Tatman
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 12
E-013-23-83
E-013-23-4
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T)
DOGCATCHING
CHEYENNE-RAWLINS INTERDIVISIONAL CREWS Section 1. Dogcatching of westbound crews between Cheyenne and Rawlins will be performed as follows: A. By an available westbound crew deadheading in interdivisional service. B. When no crew is available in accordance with paragraph A of this Section 1, by the first-out
rested crew at Rawlins. C. An interdivisional crew used to dogcatch in accordance with paragraph B of this Section 1 -- 1. will be compensated on basis of actual service performed with a minimum allowance of 195 miles. 2. will be placed first out after eight hours unless tied up after having been on duty 12 hours, in which event such crew will be placed first out after ten hours. 3. Will be doubled out of Rawlins if there are no rested crews available at Rawlins and if in the opinion of the Carrier the crew has sufficient time to be used. Such crew, upon arrival at Cheyenne, will be placed on the board as if they had received eight hours rest at Rawlins. 4. Will not be used twice in succession out of Rawlins in dogcatching or wrecker service or any combination thereof if other crews are available. Section 2. Dogcatching of eastbound crews between Rawlins and Cheyenne will be performed as follows: A. By an available eastbound crew deadheading in interdivisional service. B. When no crew is available in accordance with paragraph A of this Section 2, by an extra crew of the seniority district to be dog caught. Example: If it is necessary to dog catch a 5th District crew a 5th District prior right conductor will be used with two non-prior right extra brakemen. The same will apply for the 6th District. When no prior right men stand for this work non-prior right conductors and brakemen will be called. Section 3. Interdivisional crews used at Rawlins to dogcatch non-interdivisional crews will be compensated on the basis of actual service performed with a minimum of 195 miles. If this crew is required to perform any of the road work of the crew being relieved, such crew will be allowed an additional 100 miles. Section 4. Crews in Cheyenne-Rawlins Interdivisional Service used to dogcatch crews in Cheyenne-Hanna Interdivisional Service other than as provided for in paragraph A of Sections 1 or 2 above will be allowed a penalty of 50 miles. Section 5. This agreement will be effective May 1, 1976 and will terminate ten days after written notice is served by either party upon the other. Dated at Omaha, Nebraska this 19th day of April 1976. UNITED TRANSPORTATION UNION (C) & (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 13 E-013-23-83
E-013-23-4
E-013-23-94
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) DERRICK TRANSPORT AND/OR DERRICK SERVICE
CHEYENNE-RAWLINS Section 1. Terminal to terminal derrick transport and/or derrick service from Cheyenne to Rawlins or from Rawlins to Cheyenne will be handled by Cheyenne-Rawlins Interdivisional pool freight crews. Section 2. Derrick transport and/or derrick service between Cheyenne and Rawlins other than as provided for in Section 1 above will be handled by extra crews of the seniority district where transport and/or derrick service is to be performed on basis of principles set forth in Section 2B of the agreement dated April 19, 1976 titled "Dogcatching-Cheyenne-Rawlins Interdivisional Crews." Section 3. Derrick service to be performed exclusively within switching limits at Laramie will be handled by yard crews. Section 4. Cheyenne-Rawlins Interdivisional crews used for derrick transport and/or derrick service will be compensated on basis of actual service performed with a minimum allowance of 195 miles. such crews will, at the completion of 12 hours on duty, be deadheaded on the first train either to Cheyenne or Rawlins. If deadhead to Rawlins they will be placed first out after obtaining legal rest; if deadheaded to Cheyenne they will be restored to same relative position they held prior to their use in derrick transport and/or derrick service. Section 5. This agreement will be effective May 1, 1976 and will terminate-ten days after written notice is served by either party upon the-other. Dated at Omaha, Nebraska this 19th day of April 1976. UNITED TRANSPORTATION UNION (C) & (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 14 (a) AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) MODIFICATION OF RULE 41 - INTERDIVISIONAL SERVICE It is agreed that the provisions of Rule 41 of the current agreement between UTJ (C) & (T) and Union Pacific Railroad Company - Eastern District, effective November 1, 1957, are hereby modified with respect to its application to interdivisional service on the eastern district to the extent herein provided:. 1. Pool freight crews who are run around by other pool freight crews in the home terminal, or enroute between the home terminal and far terminal, will upon arrival at the far terminal be given the same relative position on the list that they held prior to leaving the home terminal, except that crews who become first out before having required rest shall stand first out after rest period, and upon return to home terminal shall be given same relative position on board as was held prior to leaving the home terminal on the last trip. 2. Pool freight crews who are run around by other pool freight crews in the far terminal, or enroute between the far terminal and the home terminal, will upon arrival at the home terminal be given the same relative position on the list at the home terminal that they held prior to leaving the far terminal except as provided in Section 1. 3. Crews tying up between terminals and receiving legal rest will take a new position on board as per arrival at such terminals. 4. Crews requesting rest in accordance with Rule 71 will retain their position on the blue print board. In the event the crew is run around during rest period, they will be placed first out at the expiration of their rest period. 5. Crews that double out of far terminal and are relieved enroute due to insufficient time will be given same relative position on list at home terminal as held prior to departure from far terminal. 6. Crews added to pool in accordance with schedule Rule 38 will not be considered as run around when other pool crews arriving at the home terminal after 12:01 A.M. are placed ahead of them under the provisions of this agreement. 7. Upon arrival at the home or far terminal, trainmen who have been run around as indicated in paragraphs 1 and 2, will notify proper officer as to their standing on the list at those points. The Company will not be subjected to penalty payments because trainmen fail to furnish information or furnish incorrect information. This does not, however, estop the management from taking disciplinary action when it is developed the 'employes have furnished incorrect information, and no runarounds will be claimed because crews did not depart in their first-in, first-out order at the home or far terminal. This agreement will become effective February 1, 1974. It will automatically terminate ten (10) days after service of notice by either party upon the other of desire to terminate it, at which time the schedule rules affected by this agreement will be in full force and effect. Dated at Omaha, Nebraska, this 14th day of January, 1974. FOR THE EMPLOYES:
/s/ V. K. Tatman
General Chairman
FOR UNION PACIFIC RAILROAD CO.:
/s/ J. H. Kenny
Director of Labor Relations Item 14 (b) E-013-23-43
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) (T) MODIFICATION FOR CHEYENNE-RAWLINS INTERDIVISIONAL DISTRICT ONLY OF AGREEMENT DATED JANUARY 14, 1974, TITLED "MODIFICATION OF RULE 41 - INTERDIVISIONAL SERVICE". 1) Section 3 is deleted. 2) Sections 4, 5, 6, and 7 are renumbered to Sections 3, 4, 5, and 6, respectively. 3) In New Section 5 the following is added: "NOTE: To be implemented at the time of the adjustment of crews." This agreement will be effective December 1, 1975 and will automatically terminate ten (10) days after service of written notice by either party upon the other of desire to terminate it. Dated at Omaha, Nebraska this 19th day of November 1975.
FOR THE EMPLOYES:
/s/ R. B. Murdock
General Chairman UTU (C) (T)
FOR UNION PACIFIC RAILROAD CO.:
/s/ J. H. Kenny
Director of Labor Relations
Item 15 (a) E-013-23-4-IR E13
July 21, 1975
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
UNITED TRANSPORTATION UNION (E)
UNITED TRANSPORTATION UNION (C) (T) ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN CHEYENNE AND HANNA Set forth below is the agreement made at Cheyenne, Wyoming on July 16, 1975 between Union Pacific Railroad, hereinafter referred to as the "Company", and the Brotherhood of Locomotive Engineers and United Transportation Union (E), (C) and (T), hereinafter referred to as the "Organizations". This agreement provides for the establishment of interdivisional service between Cheyenne, Wyoming and Hanna, Wyoming and is in full satisfaction of the Company's Notices dated June 30, 1975 which were served pursuant to the National Agreement dated May 31, 1971 (BofLE) and the National Agreement dated January 27, 1972 (UTU-E, C and T). 1. Unless otherwise provided herein Interdivisional Service Agreements between the Company and the Organizations will apply, including allowance of constructive miles. 2. Points of separation will be established at 'Hanna for the purpose of determining road miles, and inbound crews will receive road miles until they reach separation point after loading,-- including those inbound crews who perform loading operations prior to arrival at, Hanna; ,When loading is performed by 'outbound crews such crews will be allowed road miles for all miles travelled, including deadhead miles', if any. Automatic release rules are suspended to give effect to the provisions of this Section 2. 3. The Company has the right to use crews in turnaround service, Cheyenne to Hanna to Cheyenne, when there are no rested crews available at 'Hanna. 4. Any employe who is adversely affected by the establishment of the interdivisional service provided for herein will receive all protective benefits included in the various applicable Interdivisional Service Agreements -- with cut-off date to date from the day the interdivisional service provided for herein is begun. 5. The interdivisional service provided for herein may be started when suitable lodgings are provided at Hanna. 6. Additional agreements will be entered into to cover matters incident to this operation; such as, but not limited to: a. Establishment of points of separation at Hanna to give effect to Section 2 of this Agreement. b. Determination of actual miles of runs subject to this agreement. c. Handling of dog-catching for this service. d. Initial delay for outbound crews referred to in Section 2 of this agreement. Dated at Omaha, Nebraska this 21st day of July 1975. FOR THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS:
/s/ E. G. Becker
General Chairman
FOR THE UNITED TRANSPORTATION UNION (E):
/s/ R. J. Green
General Chairman
FOR THE UNITED TRANSPORTATION UNION (C) (T) :
/s/ R. B. Murdock
Genera Chairman
FOR THE UNION PACIFIC RAILROAD CO.:
/s/ J. H. Kenny
Director of Labor Relations
Item 15 (b)
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY
EASTERN DISTRICT
and
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
UNITED TRANSPORTATION UNION (E)
UNITED TRANSPORTATION UNION (C) AND (T) SUPPLEMENT TO AGREEMENT DATED JULY 21, 1975 "ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN CHEYENNE AND HANNA" NOTE: As used herein "Hanna" encompasses mining operations serviced by Union Pacific crews between Laramie and Rawlins. When interdivisional service between Cheyenne and Hanna is established the following will apply for employes working in this interdivisional service: PART I - GENERAL Section 1. Separate pools will be established for the purpose of manning interdivisional service between Cheyenne and Hanna. . Section 2. Except as otherwise provided herein employees used in this interdivisional service will be allowed actual road miles run. Section 3. Employes used in westbound interdivisional service will be allowed a minimum of 131 miles if they pass MP 569.25. Section 4. Employes used in this interdivisional service who are turned after they go beyond Laramie and who otherwise qualify therefor, will be granted the meal allowance provided for in Section 5 of Part VII of the agreement dated December 16, 1971 (BofLE), Section 2 of Part· VI of the agreement dated February 29, 1972 (UTU-E)., and Section 2 of Part VI of the agreement dated May 22, 1972 (UTU-C&T). Section 5. Crews called for turnaround service, Cheyenne-Hanna-Cheyenne, may not be run Hanna· to Cheyenne if there are rested crews at Hanna or crews at Hanna who would become rested within two hours. Section 6. When there are no available rooms in the Hanna Clubhouse for employes in this interdivisional pool the Company will provide suitable lodging as defined in the agreements dated July 14, 1972 (BofLE), February 29, 1972 (UTU-E), and May 22, 1972 (UTU-C&T), or will deadhead the first out crew on the first eastbound train for which such crew is available. If not so deadheaded, such first out crew will be allowed a penalty of 50 miles for each train on which the crew was not deadheaded after becoming available. Section 7. When a Cheyenne-Rawlins interdivisional crew is used to load coal at Hanna or to handle a unit coal· train, the first out Cheyenne-Hanna interdivisional crew at Hanna will be allowed a penalty of 100 miles. Section 8. Except as otherwise provided in this agreement crews in this interdivisional service who are used on main line territory west of MP 650.17 will be allowed a penalty of 50 miles and will be returned to Hanna or to Cheyenne after such use. Agreement rules will apply to cover payment for service and/or deadhead moves Section 9. Employes called for this interdivisional service who live Jon Laramie and who have not been granted an allowance for changing point of residence from Laramie to Cheyenne under the provisions or the respective BofLE, UTU(E), and UTU(C) & (T) Interdivisional Run Agreements or the agreement dated July 21, 1975 "Establishment of Interdivisional Service Between Cheyenne and Hanna" will be given a two and one-half (2 1/2) hour call. PART II - ARCH I MINE Section 1. For inbound crews: (a) MP 644.25 is the designated arrival point on the eastward move. (b) MP 641.50 is the designated arrival point when inbound crews do not reach MP 2 on Arch I Spur on westbound move. Section 2. For outbound crews: (a) MP 641.50 is the designated departure point. (b) When outbound crews take charge of train on Arch I Spur initial delay will begin thirty (30) minutes after they reach MP 1 on Arch I Spur on the eastward move and will continue until they pass MP 650.17. (c) When outbound crews deadhead to take charge of train on Arch I Spur such crews will be allowed actual miles deadheaded from MP 644.25 to the point where they take charge of the train. These outbound crews will also be allowed road miles from the point where they take charge of the train to MP 1 on Arch I Spur. Section 3: Crews can set out bad order cars using main line trackage west of MP 650.17 and will be allowed actual road miles run west of MP 650.17 in making such set outs. Crews can pick up repaired bad order cars loaded at or destined for Arch I, or loads or empties destined for Arch I, using main line 'trackage west of MP 650.17, and will be. allowed actual road tiles run west of MP 650.17 in making such pick ups. PART III - MEDICINE BOW AND ENERGY MINES Section 1. For inbound crews: (a) MP I on Energy Spur is the designated ,arrival point on the eastward move. (b) MP 641.50 is the designated arrival point when inbound crews do not reach MP 2 on Energy Spur on 'westward move. Section 2. For outbound crews: (a) MP 641.50 is the designated departure point. (b) When outbound crews take charge of train on Energy Spur initial delay will begin thirty (30) minutes after they reach MP I on Energy Spur on the eastward move and will continue until they pass MP 641.50. (c) When outbound crews deadhead to take charge of train on Energy Spur such crews will be allowed actual miles deadheaded from MP 1. on Energy Spur to the point where they take charge of the train. These outbound crews will also be allowed road miles from the point where they take charge of the train to MP 1 on Energy Spur. PART IV – ROSEBUD AND ARCH II MINES Section 1. For inbound crews: (a) Inbound crews will be allowed 4.63 road miles for all miles run on the Ramsey Spur. (b) Final terminal delay for inbound crews will begin when these crews reach point of release on the Ramsey Spur and will continue until they reach the register point. Section 2. For outbound crews: (a) Outbound crews will be allowed 4.63 road miles for all miles run on the Ramsey Spur. (b) For outbound crews initial delay will begin thirty (30) minutes after reaching MP 1.5 on eastward move and will continue until they pass MP 639.12. This agreement is made pursuant to Section 6 of agreement 'dated July 21, 1975 "Establishment of Interdivisional Service Between Cheyenne and Hanna". Dated at Cheyenne, Wyoming this 13th day of December, 1975. FOR THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS:
/s/ E. G. Becker
General Chairman
FOR THE UNITED TRANSPORTATION UNION (E):
/s/ C. E. Fleenor
General Chairman
FOR THE UNITED TRANSPORTATION UNION (C) (T) :
/s/ R. B. Murdock
General Chairman
FOR THE UNION PACIFIC RAILROAD CO.:
/s/ J. H. Kenny
Director of Labor Relations Item 15 (c) UNION PACIFIC RAILROAD COMPANY
DECEMBER 13, 1975
Mr. E. G. Becker
General Chairman, BofLE
Mr. R. J'. Green
General Chairman, UTU(E)
Mr. R. B. Murdock
General Chairman, UTU(C)(T)
Gentlemen: It is agreed that Section 9 of Agreement dated December 13, 1975 does not contemplate giving employes a 2 1/2-hour call if they: 1. Hire out on or after December 15, 1975 and live at Laramie. 2. Hire out before December 15, 1975 and move to Laramie after December 15, 1975. /s/ J. H. Kenny
Director Labor Relations
ACCEPTED:
/s/ E. G. Becker
General Chairman, BofLE
/s/ C. E. Fleenor
General Chairman, UTU(E)
/s/ R. B. Murdock
General Chairman, UTU(C)(T) Item 15 (d)
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY
EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) AND (T) It is Agreed: For full trip Cheyenne to Hanna conductor and brakemen will be allowed miles as follows: CHARTS NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT
DOWNLOAD 'PDF' FOR FULL CHARTS Dated at Cheyenne, Wyoming this 13th day of December, 1975. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 16 E-013-23-83
E-013-23-4
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) DOGCATCHING
CHEYENNE-HANNA INTERDIVISIONAL CREWS Section 1. Dogcatching of westbound crews between Cheyenne and Hanna will be performed as follows: A. By an available westbound crew deadheading in interdivisional service. B. When no crew is available under paragraph A of this Section I, by the first out rested crew at Hanna. C. When no crew is available under paragraphs A or B of this Section 1 by the first out rested Cheyenne-Rawlins Interdivisional Crew at Rawlins. Section 2. Dogcatching of eastbound crews between Hanna and Cheyenne will be performed as follows: A. By an available eastbound crew deadheading in interdivisional service. B. By an extra crew of the seniority district to be dog caught. Example. If it is necessary to dog catch a 5th District crew a 5th District prior right conductor will be used with two non-prior right extra brakemen. The same will apply for the 6th District. When no prior right men stand for this work non-prior right conductors and brakemen will be called. Section 3. This agreement will be effective May 1, 1976 and will terminate ten days after written notice is served by either party upon the other. Dated at Omaha, Nebraska this 19th day of April 1976. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 17
E-013-23-83
E-013-23-4
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) INTERDIVISIONAL CREWS TURNED SHORT OF FAR TERMINAL
FIFTH-SIXTH SENIORITY DISTRICT Section 1. If a westbound interdivisional crew is turned at or before reaching Dale (Sherman) and returns to Cheyenne, such crew shall receive an allowance of 100 miles for such service. A. Such crew shall stand first out on return to Cheyenne and shall be called in turn if, in the opinion of the Carrier, the crew has sufficient time to work over the district. B. If, in the opinion of the Carrier, such crew, on return to Cheyenne, does not have sufficient time to work over the district, the crew will stand first out after having received .eight (8) hours rest and will be restored to their original position on the board on their return to Cheyenne. Section 2. If a westbound interdivisional crew is turned after leaving Dale (Sherman) and returns to Cheyenne, 'such crew shall receive payment equivalent to round trip district mileage for such service and shall retain their original position on the board. Section 3. This agreement will be effective May 1,1976 and will terminate ten days after written notice is served by either party upon the other. Dated at Omaha, Nebra.ska this 19th day of April 1976. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 18 (a) E-013-23-74
AGREEMENT
between
UNION PACIFIC RAILROAD - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) ESTABLISHMENT OF 13TH SENIORITY DISTRICT Section 1. Effective October 1, 1976, a new seniority district will be established for conductors, brakemen and yardmen to be identified as follows: 13th Seniority District. East switch, Point of Rocks, to and including West Switch, Granger, and all yards and branches within this territory. Section 2. Conductors and brakemen holding a seniority date as conductor or brakeman on or before September 30, 1976 on the 7th or 8th Seniority District will retain all rights to assignments operating exclusively within territorial limits of the 7th or 8th District and will be granted rights on the 13th Seniority District. Yardmen holding a seniority date as such on or before September 30, 1976 on the Wyoming Division Seniority District will retain all rights to yard service within the territorial limits of the Wyoming Division District and will be granted rights in the yards of the 13th District. Employes acquiring seniority as brakeman on the 7th or 8th District and/or as yardman on the Wyoming Division District on or after October 1, 1976 will hold no rights to service in the 13th District. Employes acquiring seniority as yardman-brakeman on the 13th District on or after October 1, 1976 will hold road and yard rights on the 13th District only Section 3. Road service in the territory described in Section 1 above may be handled by Combination Road and Yard Switchers under the provisions of Rule 58 of the Rules Agreement. Section 4. A Common extra board will be maintained at Green River to handle extra and unassigned road and yard work of the 13th District. Section 5. Except as otherwise provided in this agreement, 13th District employes will handle road and yard service in the territory described in Section 1 above. Section 6. 13th District employes will man short turnaround service which is called to operate exclusively within the 13th District. Section 7. Work trains and locals operating exclusively within 13th District territory will be manned by 13th District employes. Work trains operating both inside and outside this territory will be manned by 7th or 8th District trainmen. except that when work trains originate or operate more than four (4) miles within the territory identified as the 13th District. such work trains will be manned by 13th District employes while so operating. 7th or 8th District trainmen required to perform work train service which originates or operates more than four (4) miles within this territory will be allowed a penalty of 100 miles. Yard service within the territorial limits of the 13th District will be manned by 13th District yardmen. Section 8. Dogcatching of trains manned by 13th District employes will be handled by 13th District employes. Dogcatching of trains manned by 7th or 8th District trainmen dying in the territory described in Section 1 above will also be handled by 13th District employes. If 7th or 8th District trainmen are used to dogcatch 7th or 8th District trains dying in the territory described in Section 1 above. they will be allowed a penalty of 50 miles. Section 9. The following is added to "Rule 32(c) of the Roadmen's Rules Agreement and Rule 32{a) of the Yardmen's Rules Agreement: "13th District road crews may make one pick up and one set out. or two pick ups or two set outs in the Green River and/or Rock Springs yards. 13th District road crews may make two spots of revenue cars from their train in the Green River and/or Rock Springs yards. 13th District road crews may spot non-revenue cars from their train in the Green River and/or Rock Springs yards; however, these spots of non-revenue cars cannot exceed a total of five in any calendar month." "13th District road crews may place one car or one cut of cars from their train into a waiting train at Green River or Rock Springs in order to avoid delay to such waiting train. However, if the waiting train is manned by an interdivisional crew operating through Green River or Rock Springs the interdivisional crew on the waiting train will be allowed actual time consumed in the placement of the car or cut of cars by the 13th District road crew at the pro rata rate of pay with a minimum allowance of one hour." Section ·10. 7th or 8th District trainmen destined Green River who die under the law enroute Green River between Point of Rocks and Granger will be deadheaded no later than on the first following train moving to Green River and if not so deadheaded will be allowed a penalty of fifty (50) miles for each train not deadheaded on. Section 11. There will be no restriction in the number of pick ups and set outs that can be made by 7th or 8th District trainmen in the road territory described in Section 1 above. In consideration of this. the following will apply to 7th and 8th District trainmen: Paragraph (a) of Part III "Rule Changes" of the UTU(C)&(T) Interdivisional Runs Agreement dated May 22. 1972 modifying paragraph (a) of Rule 29 "Overtime" of the Rules Agreement. Section 12. 8th District trainmen will be allowed a minimum allowance of the actual miles of a turnaround trip Salt Lake or. Ogden to Green River and return if they go beyond Evanston on the eastbound trip. 7th District trainmen will be allowed a minimum allowance of the actual miles of a turnaround trip Rawlins to Green River and return if they go beyond Point of Rocks on the westbound trip. Section 13. 7th District trainmen who are in service on September 30. 1976 will be allowed basic rate for actual road miles run. 7th District trainmen hired on or after October 1. 1976 will be allowed actual miles run with the first 100 miles run paid for at the ba.sic rate of pay and all miles run over 100 miles paid for at the mileage rate of pay. 8th District trainmen who are in service on September 30. 1976 will be allowed basic rate for 200 road miles when making a terminal to terminal trip between Ogden and Green River. 8th District trainmen hired on or after October 1. 1976 will be allowed actual miles run with the first 100 miles run paid for at the basic rate of pay and all miles run over 100 miles paid for at the mileage rate of pay. Section 14. For one year beginning October 1, 1976 employes on the 8th District who would otherwise be furloughed must exercise their seniority to the .. 13th District. Failing .to exercise their seniority they will forfeit their protection under section 15 hereof for the period of time which they fail to exercise such seniority. section 15.(a) Employes in District 7 or 8 with a seniority date prior to June 1, 1976 who become furloughed after October 1976 will be protected at an amount equivalent to 3800 miles at the through freight basic rate of pay for a period of six years' from October 1, 1976. Employes in District 7 or 8 with a seniority date of June 1, 1976 or later who become furloughed after October 1, 1976 will also be protected at an amount equivalent to 3800 miles for a period no longer than the length of their seniority as of October 1, 1976. (b) Yardmen with road rights in the 8th District who are
in service on September 30, 1976 will not be required to exercise
their yard seniority to any yard east of Rock Springs, Wyoming
in order to keep from becoming a furloughed employe under
paragraph (a) of this Section 15. Section 16. An employe assigned to the 13th District extra
board will be entitled to his pro rated portion of a monthly
guarantee of 3000 miles at the yard helper rate of pay.
for each full calendar day on which he protects or is available
on such extra board. The Company will regulate the extra board. Section 17. (a) Effective October 1, 1976 a 7th or 8th District
employe who is not assigned to the 13th District who is required
by the Company to perform service on the 13th District,
except making pick-ups and/or set outs, and except as otherwise
provided in this agreement, will be allowed a penalty of 100 miles:
a Wyoming Division yardman who is not assigned to the 13th District
who is required by the Company to perform service on the 13th
District, except as otherwise provided in this agreement, will
also be allowed a penalty of 100 miles for each calendar day so
held. (b) 7th or 8th District trainmen and Wyoming Division yardmen
who are required to perform service on the 13th District under
the provisions of paragraph (a) of this Section 17 will be furnished
lodging and will be allowed meal allowances. (c) Employes holding a seniority date on the 8th District
prior to October 1, 1976 who do not maintain a residence at Green
River or Rock Springs and who are working at Green River or Rock
Springs pursuant to Section 14 of this agreement will be furnished
lodging for a period no longer than one year from October 1, 1976. Dated at Salt Lake City, Utah this 17th day of September, 1976. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 18 (b) UNION PACIFIC RAILROAD COMPANY
Salt Lake City. Utah
September 17. 1976
Mr. R. B. Murdock
General Chairman
United Transportation
Union (C)&(T)
Dear Sir: It is agreed that for one year beginning October
1. 1976 a conductors' extra board will be maintained
with a guarantee of 3600 miles per month for the 13th
Seniority District in addition to the common extra board
provided for in Section 4 of the agreement dated September
17, 1976 titled "Establishment of 13th Seniority District". This agreement is effective October 1. 1976 and
will be terminated upon service of ten days' written notice
by either party upon the other. Yours truly,
/s/J. H. Kenny
ACCEPTED
/s/ R. B. Murdock
General Chairman Item 18 (c) UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LABOR RELATIONS
E-013-23-95-4
January 14, 1975
R. B. Murdock, General Chairman
United Transportation Union (C) (T)
Omaha, Nebraska
(cc- Mr. E G. Becker
General Chairman, BofLE
Mr. R. J. Green
General Chairman, UTU(E) )
Dear Sir: Please refer to our letter of November 14, 1974
about switching limits on the South Pass Branch at Rock Springs,
Wyoming. At a meeting at Denver, Colorado on November 25,
1974 you wanted assurance that if your Organization acceded
to either of our requests that road crews would continue to
switch the Reliance Coal Mine. This was handled with
Superintendent Irion, Wyoming Division, who advises: “The Reliance Mine was abandoned approximately
two years ago and I presume Mr. Tatman is referring
to the new development planned at Stansbury Mine.
It is not contemplated that yard crews would be used
for loading cars at Stansbury Mine. Trackage planned
for this mine is a loading loop designed for unit train
operation and road crews would be used for such service." Yours truly,
/s/ J. H. Kenny
Item 18(d)
UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LAlOR RELATIONS
January 3, 1977
R. B. Murdock, General Chairman
united Transportation Union (C) , (T)
Omaha, Nebraska
Dear Sir: This is to confirm our recent conversation in which we
discussed the rates of pay for conductor trainees on the 13th
Seniority District and it was understood that such trainees would
be paid $200 per week unless they were pulled out of service to
attend the classes, in which event they will be made whole" for
their loss of earnings. Yours truly,
/s/ J. H. Kenny Item 18 (e)
UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LABOR RELATIONS
E-013-23-74
December 9, 1976
R. B. Murdock, General Chairman
United Transportation Union (C)&(T)
Omaha, Nebraska
Dear Sir: This will confirm our understanding that when it is
necessary in an emergency to force employes to work on the
13th District extra board at Green River employes will be
alternately forced between the 7th and 8th Seniority District. This agreement may be cancelled at any time by either
party serving a ten-day notice of intent upon the other. Yours truly,
/s/ J. H. Kenny
ACCEPTED:
/s/ R. B. Murdock
General Chairman Item 18 (f)
UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LABOR RELATIONS
E-013-23-74
December 9, 1976
R. B. Murdock, General Chairman
united Transportation Union (C)&(T)
Omaha, Nebraska
Dear Sir: This will confirm our understanding that for a period of
one year from October 1, 1976 or until 13th District assignments
work east and west of Green River, which ever comes first, 7th
District trainmen will have prior rights to all 13th district
assignments working exclusively east of Green River and 8th
District trainmen will have prior tights to all 13th District
assignments working exclusively west of Green River. After one year from October 1, 1976 or after 13th District
assignments work east and west out of Green River, whichever
comes first, the Dovetailed 13th District rosters only will be
used to fill all assignments regardless of which direction worked
out of Green River. This agreement may be cancelled at any time by either party
serving a ten-day notice of intent upon the other. Yours truly,
/s/ J. H. Kenny
ACCEPTED:
/s/ R. B. Murdock
General Chairman Item 19 (a) AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C)&(T) ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN RAWLINS AND OGDEN Section 1. For 10 service between Rawlins and Ogden only,
Section 2(b) of Part IX "Implementing Procedure" of the ID
Service Agreement dated May 22, 1972 is amended to read: "(b) Employes will be called from such interdivisional
pool on a first in. first out basis, alternating
as between such pools so far as practical;
provided however, that except as required by
the provisions of Paragraph (c) of this Section 2 and
except as a result of wrecks, floods, washouts or
storms, when the total of the two pools is 25 or
less not more than two crews in excess of the formula
may be consecutively called from their away-from-home
terminal before calling a home-terminal crew." Where
the total of the two pools is 26 or more not more than
three crews in excess of the formula may be' consecutively
called .from their away-from-home-terminal before
calling a home-terminal crew "(i), Any imbalance in mileage as between
such interdivisional pools to be adjusted in
accordance with Paragraph (c) of this Section 2. "(ii) In the event of non-compliance with
the provisions of Paragraph (b) above, the employe
who should have been called, but who,
because of non-compliance, was not called will
be allowed a penalty payment of 50 miles. If
additional crews are called in non-compliance with
Paragraph (b) above, the employe who was allowed
the 50 mile penalty payment will be allowed an
additional 25 mile penalty payment for each
crew so used. The employe receiving the penalty
payment or payments will retain his same relative
position in the pool. " Section 2. An 8th District crew injected into this ID pool
at Ogden and used to Rawlins will be deadheaded either to Green
River or Ogden. A 7th District crew injected into this ID pool
at Rawlins and used to Ogden will be deadheaded either to Green
River or Rawlins. Section 3. For a period of 6 months from October 1. 1976
an employe assigned and working in this interdivisional service
will be entitled to his pro rated portion of a monthly guarantee
of 3900 district miles for each full calendar day on which he
works in this ID service. Section 4. An eastbound crew in this ID pool will be allowed
a minimum allowance of the actual miles of a turnaround trip Ogden
to Rawlins and return if they go beyond Green River. A westbound
crew in this ID pool will be allowed a minimum allowance of the
actual miles of a turnaround trip Rawlins to Ogden and return if
they go beyond Green River. Section 5. Company and Organization Representatives will
meet at a mutually agreeable time at Ogden and Rawlins and work
out problems relating to eating and lodging. Section 6. This ID service will become effective at 12:01 AM October 1, 1976. Dated at Salt Lake City, Utah this. 17th day of September. 1976. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 19(b)
E-013-23-4-IR
September 17, 1976
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) 1. The following is added as paragraph (k) of section 1. Part I.
of the Interdivisional Runs Agreement dated May 22. 1972: (k) Between Rawlins. Wyoming and Ogden. Utah i. These runs will be manned by Seventh
and Eighth Seniority District trainmen
on the basis of the ratio of miles that
the Seventh and Eighth Districts respectively,
bear to the total miles of the run. ii. The home terminal for Seventh District
trainmen assigned to these runs will be
Rawlins: the home terminal for Eighth
District trainmen will be Ogden. iii. Trainmen operating from Rawlins to
Ogden will be allowed 307 road miles: trainmen
operating from Ogden to Rawlins will be
allowed 305 road miles. Dated at Salt Lake City. Utah this 17th day of September. 1976. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 19 (c) E-013-23-4-IR
Sept. 17, 1976
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C)&(T) 1. For the territory listed below, conductors or brakemen
having a seniority date as conductor or brakeman as of September
30, 1976 on such territory will, in lieu of the road miles contained
in Part I, Section 1(k), of the Interdivisional Runs Agreement
dated May 22, 1972 be paid the road miles listed below when
operating in interdivisional service from Rawlins to Ogden or
from Ogden to Rawlins: Employes operating from Rawlins to Ogden
will be allowed 330 road miles: employes
operating. from Ogden to Rawlins will be
allowed 330 road miles. 2. Prior to establishment of interdivisional service between
Rawlins and Ogden a meeting will be held with employe representatives
and Company operating officers for the purpose of discussing
the operation. Dated at Salt Lake City, Utah this 17th day of September, 1976. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 20(a) RLA-6-391
AGREEMENT
between the
UNION PACIFIC RAILROAD COMPANY
and its
EMPLOYES REPRESENTED BY THE
UNITED TRANSPORTATION UNION - C and T
for the
SEVENTH and EIGHTH EASTERN DISTRICT SENIORITY DISTRICTS
and the
UTAH, SOUTH-CENTRAL DISTRICT SENIORITY DISTRICT
* * * * PURSUANT TO ARTICLE XII (INTERDIVISIONAL SERVICE) of the MEDIATION AGREEMENT DATED
JANUARY 27, 1972 (CASE A-8830), IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES SIGNATORY HERETO: PART I Section 1. Subject to the conditions hereafter set
forth, the Company shall be permitted to operate train crews in
Interdivisional Service, in both directions, between RAWLINS,
WYOMING and SALT LAKE CITY, UTAH. Section 2. GREEN RIVER shall be eliminated as an away-from-home
terminal only for crews who operate in through freight
service between Salt Lake City and Rawlins and between Rawlins
and Salt Lake City involving the SCD (Utah Division) and the
ED (7th and 8th Seniority Districts): and Rawlins shall thus
become the away-from-home terminal for the SCD (Utah Division)
and ED. (8th Seniority District) crews, and Salt Lake City shall
be the "away-from-home terminal for ED (7th Seniority District)
crews. PART II Section 1. Straight-away through freight service runs
between Salt Lake and Rawlins and between Rawlins and Salt Lake
City will be manned by interseniority district crews with
mileage entitlement for each seniority district to be apportioned
on the basis of the ratio of miles each seniority district bears
to the total road miles run. (a) Interdivisional pools will be established
one at Salt Lake City consisting of both
ED 8th Seniority District and SCD Conductors and
Brakemen; and one at Rawlins consisting of 7th
Seniority District Conductors and Brakemen in
the approximate proportion that the mileage of
each seniority district bears to the total. (b) The ratio of total pool turns that it
is determined will be required to man trains
operating in this interdivisional service (in
keeping with the controlling mileage regulations),
will be 13%, SCD; 52%, 8th Seniority District;
35%, 7th Seniority District. (c) 'The home terminal for the SCD crews and
the 8th District crews manning this service will
be Salt Lake City. The home terminal for the 7th
District crews, will be Rawlins, Wyoming. PART III
GENERAL CONDITIONS Section 1. All miles run over one-hundred (100) shall
be paid for at the mileage rate established by the basic rate of
pay for the first one-hundred (100) miles or less. Section 2. When crews are required to report for duty
or are relieved from duty at a point other than the on and off
duty points fixed for the service established hereunder, the
Carrier shall authorize and provide suitable transportation for
the crews. Section 3. Crews will be allowed a $2.00 meal allowance
after four (4) hours at the away-from-home terminal and
another $2.00 allowance after being held an additional eight (8)
hours. Section 4. In order to expedite the movement of
interdivisional runs, crews on runs of one-hundred (100) miles
or less will not stop to eat except in cases of emergency or
unusual delays. For crews on runs of more than one-hundred
(100) miles, the Carrier shall determine the conditions under
which such crews may stop to eat. When crews on runs of more
than one-hundred (100) miles are not permitted to stop to eat,
members of such crews shall be paid an allowance of $1.50 for
the trip. PART IV Section 1. A crew member vacancy arising at the home
terminal will be covered by the seniority district of the crew
with the vacancy. Vacancies arising at the away-from-home
terminal will likewise be covered in the same manner. In the
event no such trainman. can be made available, the vacancy will
be covered by an available trainman from a following interdivisional
crew of the same seniority district. If none, the vacancy may
be covered by an available trainman not of that seniority district.
The trainman so used shall be returned deadhead to his home terminal. Section 2. SCD (Utah Division) and ED Conductors and
Brakemen handling trains in this interdivisional service shall
be governed by their respective Work Rules Agreements. Nothing
contained in this Agreement, except as specifically provided
herein, shall be construed or interpreted as modifying, changing,
or amending any of the terms and provisions of the current Schedule
Agreements. Section 3. Crews called in their turn in the same pool,
without regard to different seniority districts, who do not
depart from their home terminal on the road trip in the order
called, will be allowed a runaround of fifty (50) miles. Section 4. Pool freight crews moving in the same direction
who do not have the same objective terminals will not be exchanged
with a crew of another train enroute without subjecting the Company
to the payment of a one-hundred (100) mile penalty. Section 5. Employes will be called from such interdivisional
pool on a first-in, first-out basis, alternating as between
such pools so far as practical; provided however, that
except as required by the provisions of Paragraph (c) of Section 2
of Part IX, "Implementing Procedure" of the ID Service Agreement
dated May 22, 1972, and except as a result of wrecks, floods,
washouts or storms, when the total of the two pools is Twenty-five
(25) or less, not more than two (2) crews in excess of the
formula may be consecutively called from their away-from-home
terminal before calling a home terminal crew. Where the total
of the two (2) pools is twenty-six (26) or more, not more than
three (3) crews in excess of the formula may be consecutively
called from their away-from-home terminal before calling a
home terminal crew. (i) Any imbalance in mileage as between
such interdivisional pools to be adjusted
in accordance with paragraph (c) of
Section 2, above referred to. (ii) In the event of non-compliance with
these provisions, the employe who should
have been called, but who, because of
non-compliance, was not called, will be
allowed a penalty payment of fifty (50)
miles. If additional crews are called
in non-compliance with the above, the
employe who was allowed the fifty (50)
mile penalty payment will be allowed an
additional twenty-five (25) mile penalty
payment for each crew so used. The
employe receiving the penalty payment or
payments will retain his same relative
position in the pool. Section 6. There shall be no restrictions in service to
be required of interseniority district crews enroute in the
territory. between Rawlins and Salt Lake City, except crews
in this service shall not be permitted to handle traffic originating
at one point and destined to another point, both of which are
located between Salt Lake City and Ogden, and between Granger
and Point of Rocks. Section 7. Disciplinary hearing involving a trainman
who is engaged in this interdivisional service will be held at
whichever point (Salt Lake, Ogden or Rawlins), the majority of
the crew resides. Section 8. When necessary to dispatch a crew from
a home terminal for relief service, such service shall be
provided by trainmen of the seniority district where such
service originates in accordance with agreement rules of that
seniority district. Section 9. Carrier will furnish to the involved UTU
Local Chairmen a statement each thirty (30) day period
showing the number of trips each crew in interdivisional service
made during the preceding-calendar month. PART V Section 1. The relevant conditions covering rules changes
and modifications set forth in the June 7, 1972 Interdivisional
Agreement applicable to NWD employes; and the conditions
covering rule changes and modifications set forth in the
November 29, 1972 Agreement applicable to ED crews, shall
be extended in their relative application to include employes
operated on the extended runs as covered by this Agreement. Section 2. Concurrent with the exercise of the
Carrier's option to institute interdivisional service under
this Agreement and during the period this Agreement remains
in effect, it shall supersede all rules, practices and understandings
which are in conflict therewith. PART VI
IMPLEMENTING PROCEDURES Section 1. The Carrier shall have the option of determining
when it desires to place the extended interdivisional
service runs covered by the terms of this Agreement into effect,
and which may be activated no sooner than twenty (20) days after
written notice is served simultaneously upon the involved General
Chairmen of their intent to do so. Section 2. In the event the notice provided in
Section 1 is not exercised by the Carrier within six (6)
months from the date of this Agreement, the Agreement shall
automatically terminate in its entirety. Section 3. The terms of this Agreement shall be
effective October 1, 1977, and continue in effect until changed
or modified in accordance with the Railway Labor Act. Dated at Salt Lake City, Utah, this 12th day of September, 1977. UNITED TRANSPORTATION UNION C
/s/ G Mackay
General Chairman, Northwestern Dist.
UNITED TRANSPORTATION UNION T
/s/ ---
General Chairman, Northwestern Dist.
UNITED TRANSPORTATION UNION C & T
/s/ R. B. Murdock
General Chairman, Eastern District
UNION PACIFIC RAILROAD COMPANY
/s/ Alden Lott
Director of Labor Relations, South Central & Northwestern Dist.
/s/ J. H. Kenny
Director of Labor Relations, Eastern District
Item 20 (b)
November 4, 1977
E-013-23-4-IR #17
AGREEMENT
between
UNION PACIFIC· RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY AND RAWLINS Section 1. Trainmen operating from Salt Lake City, Utah to
Rawlins, Wyoming will be allowed 341 road miles. Trainmen
operating from Rawlins to Salt Lake City will be allowed 343
road miles. Section 2. A separate pool will be established for employes
assigned to this ID service. Section 3. 7th or 8th district trainmen assigned to this ID
service destined Rawlins who die under the law at Creston or
between Creston and Rawlins will be deadheaded no later than
on the first following train moving to Rawlins and if not so
deadheaded will be allowed a penalty of fifty (50) miles for each
train not deadheaded on. 7th or 8th district trainmen assigned
to this ID service destined Salt Lake City who die under the law
at Ogden or between Ogden and Salt Lake City will be deadheaded
no later than on the first following train moving to Salt Lake
City and if not so deadheaded will be allowed a penalty of
fifty (50) miles for each train not deadheaded on. Section 4. (a) For a period of six (6) months from the date
this ID service is begun an employe assigned to and working
in such ID service will be entitled to his pro rated portion
of a monthly guarantee of 3900 district miles for each full
calendar day on which he works in this ID service. (b) The December 23, 1975 agreement granting a 10-year
guarantee of 3800 district road miles applies to trainmen assigned
to· this ID service. Section 5. (a) Eastbound 7th or 8th district trainmen assigned
to this ID service who reach Ogden and who are returned to
Salt Lake City will be allowed. a minimum of one-way road miles
Salt Lake City to Rawlins. If such eastbound trainmen reach
Evanston and are returned to Salt Lake City they will be allowed
a minimum of the round trip road miles Salt Lake City to Rawlins
to Salt Lake City. . (b) Westbound 7th or 8th district trainmen assigned to this
interdivisional service who reach Wamsutter and who are returned
to Rawlins will be allowed a minimum of one-way road miles
Rawlins to Salt Lake City. If such westbound trainmen reach
Point of Rocks and are returned to Rawlins they will be allowed
a minimum of the round trip road miles Rawlins to Salt Lake City
to Rawlins. Section 6. A trainman assigned to this ID service having time
to work under the hours of service act will not be required to
exchange trains with a trainman who is on short time under the
hours of service act. In the event of non-compliance with this
section 6, the trainmen who are required to exchange trains will
be allowed a penalty payment of 100 miles and will be restored
at the first opportunity to their same relative position on the
board insofar as Eastern District trainmen are concerned. Section 7. If attendance at an investigation under section
7 of the September 12, 1977 joint agreement requires a trainman
to travel over any portion of the interdivisional territory, he
will be allowed deadhead miles over that portion of the territory
where he holds no primary rights. Dated at Omaha, Nebraska this 4th day of November 1977. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 20 (c) November 4, 1977 #2
E-013-23-4-IR #17
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) Conductors. and/or brakemen holding seniority on the 7th and
8th seniority districts as of the date interdivisional service
is begun between Salt Lake City, Utah and Rawlins, Wyoming will
be allowed, in lieu of actual miles provided for in section 1
of the November. 4, 1977 agreement titled "ESTABLISHMENT OF
INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY AND RAWLINS,"
366 road miles for trips (working or deadhead) from Salt Lake City
to Rawlins and from Rawlins to Salt Lake City. Dated at Omaha, Nebraska this 4th day of November 1977. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 20(d) November 4, 1977 #3
E-013-23-4-IR #17
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) MEMORANDUM OF UNDERSTANDING IN CONNECTION WITH THE ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY, UTAH AND RAWLINS, WYOMING PURSUANT TO THE SEPTEMBER 12, 1977 AGREEMENT. Section 1. A trainmen (regular or extra) who is required to report
for duty and/or is relieved from duty at Salt Lake City pursuant
to the Salt Lake City-Rawlins interdivisional service agreement
dated September 12, 1977; will not be considered as having been
required to change his residence under the provisions of
article XIII, section 9, of the January 27, 1972 national agreement,
nor will he be considered as having been required·to make a compensable
deadhead movement; and inlieu thereof: (a) A trainman (regular or extra) who holds seniority as
such on the Green River-Ogden seniority district as of the date
interdivisional service is established pursuant to the September
12, 1977 agreement, who is required to report for duty and is
relieved from duty at Salt Lake City in interdivisional service
will be allowed an $8 driving allowance .for each round trip. (b) After qualifying for 30 of the driving allowances provided
for in part (a) of this section 1, the trainman may, at his
option; within 60 days of the date he qualifies for his 30th
such allowance, elect to receive a lump sum of $2,500, which
lump sum allowance will be in lieu of any future driving allowances. (c) In the event a qualifying employe does not elect to receive
the $2,500 lump sum allowance referred to in part (b)
of this section 1 within the specified 60-day period, he may at
a later date elect to receive such lump sum allowance less all
driving allowances paid after the 60-day period. Section 2. Trainmen who received the $2,000 lump sum settlement
under agreements establishing interdivisional service between
Salt Lake City and Green River will not be entitled to the benefits
of this agreement except that they will be allowed a driving
allowance of $2.50 under section 1 (a) above. Trainmen who receive
the $2,500 lump sum driving settlement under agreements establishing
interdivisional service between Salt Lake City and Green
River will not be entitled to the benefits of this agreement. Section 3. The receipt of benefits under this agreement will
constitute a waiver of any right of such employe to claim or
receive the same or any similar benefits under any other agreement
to which Union Pacific Railroad Company is a party.
Section 4. This agreement· is effective when interdivisional
service is operated between Salt Lake City and Rawlins. Dated at Omaha, Nebraska this 4th day of November 1977. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 21(a) RLA-6-391
AGREEMENT
between the
UNION PACIFIC RAILROAD COMPANY
and its
EMPLOYES REPRESENTED BY THE
UNITED TRANSPORTATION UNION - C and T
for the
SEVENTH WYOMING DIVISION EASTERN DISTRICT SENIORITY DISTRICT
and the
NORTHWESTERN DISTRICT, IDAHO DIVISION SENIORITY DISTRICT PURSUANT TO ARTICLE XII (INTERDIVISIONAL SERVICE) of the MEDIATION AGREEMENT DATED
JANUARY 27, 19·72 (CASE A-8830), IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES SIGNATORY HERETO: PART I
Section 1. Subject to the conditions hereafter set
forth, the Company shall be permitted to operate train crews in
Interdivisional Service on selected trains, in both directions,
between RAWLINS, WYOMING and POCATELLO, IDAHO. Section 2. Green River shall be eliminated as an away-from-home
terminal for crews of the NWD (Idaho Division), and the
ED (7th Seniority District) and in lieu thereof Rawlins shall be
the away-from-home terminal for NWD crews and Pocatello shall be
the away-from-home terminal for the ED crews who operate in
through freight service between Pocatello, Idaho and Rawlins,
Wyoming and between Rawlins, Wyoming and Pocatello, Idaho, on
selected trains as provided in Section 1. PART II Section 1. Straight-away through freight service runs
between Pocatello and Rawlins and between Rawlins and Pocatello
will be manned by interseniority district crews with mileage
entitlement for each seniority district to be apportioned
on the basis of the ratio of miles each seniority district
bears to the total road miles run (244 NWD, and 134 ED). (a) Interdivisional pools will be established,
one at Pocatello, consisting of NWD Conductors
and Brakemen and one at Rawlins consisting
of 7th Seniority District Conductors and
Brakemen, in the approximate proportion that the
mileage of each seniority district bears to the
total (244 NWD, and 134 ED). (b) The ratio of total pool turns, as
between the two (2) seniority districts, that it
is determined will be required to man trains
operating in this interdivisional service (in
keeping with the controlling mileage regulations),
will be 65% NWD and 35% ED, as near as practicable. NOTE: These percentages were determined
on the basis of 378 total miles, 244 NWD
and 134, ED 7th Seniority District. (c) The home terminal for the NWD crews manning
this service will be Pocatello, Idaho. The home
terminal for the 7th District ED crews will be
Rawlins, Wyoming. (d) Equalization of mileage under Section lea)
hereof shall be on the basis of 65/35 ratio for each
one-hundred (100) starts operated from each home
terminal with 65 starts to be apportioned to the
NWD crews, and 35 starts to be apportioned to
Wyoming Division crews. . Each twenty (20) trip equalizing segment for
apportionment would be: 2 IDAHO )
1 WYOMING ) 3 2 IDAHO )
1 WYOMING ) 3 2 IDAHO }
1 WYOMING } 3 2 IDAHO }
1 WYOMING } 3 2 IDAHO }
1 WYOMING } 3 2 IDAHO }
1 WYOMING } 3 1 IDAHO }
1 WYOMING } 2 Trips: 20 DOWNLOAD 'PDF' FOR PROPERLY FORMATTED CHART The foregoing represents alternating two (2) back to
back Idaho Division crews for each one Wyoming Division
crew, except there would be one and one in each twenty (20),
which would total five (5) one and one within
each one-hundred (100) starts with balance of six (6)
back-to-back in each twenty (20) starts, or total of
thirty (30) back-to-back in each one-hundred (100),
thus producing sixty-five (65) Idaho and thirty-five
(35) Wyoming starts in each one-hundred (100) segment
in each direction. This arrangement is more fully
covered in separate agreement between the parties
appended hereto. (e) There shall be no restrictions in service to
be required of interseniority district crews enroute
in the .territory between Rawlins and Pocatello, except
NWD crews shall not be permitted to handle traffic
originating at one point and destined to another point,
both of which are between Granger and Point of Rocks. (f) Rawlins crews, upon arrival at Pocatello,
will be marked on the Board in proper order ahead of
Pocatello crews for service back to Rawlins subject
to their availability under the Hours of Service Law
provided no more than two (2) Rawlins crews will be
operated out of Pocatello before using a Pocatello crew Pocatello crews upon arrival at Rawlins will
be marked on the Board in proper order ahead of
Rawlins crews for service back to Pocatello, subject
to their availability under the Hours of Service
Law, provided no more than four (4) Pocatello crews
will be operated out of Rawlins before using a
Rawlins crew. The Superintendent or his designated representative
and the Local Chairmen will meet for the
purpose of making whatever adjustment or changes
are necessary in the manner in which crews are
placed or marked up on the respective Boards to
avoid excessive held-away-from-home terminal time. (g) Fly crew or wrecker service originating
west of Granger shall be protected by NWD Idaho
Division crews available at Green River; Granger
and East will be protected by ED crews under ED
Agreements PART. III
GENERAL CONDITIONS Section 1. All miles run over one-hundred (100)· shall
be paid for at the mileage rate established by the basic rate
of pay for the first one-hundred (100) miles ·or less. Section 2. When crews are required to report for duty
or are relieved from duty at a point other than the on And off
duty point. fixed for the service established hereunder, the
carrier· shall authorize and provide suitable transportation for
the crews. Section ·3. Crews will be allowed a $2.00 meal allowance
after four (4) hours at the away-from-home terminal and· another
$2.00 allowance after being held an additional eight (8) hours.
Section... In order to expedite the movement of interdivisional
runs, crews on runs of one-hundred (100) miles or less
will not stop to eat except in cases of emergency ·or unusual
delays. For crews on runs of more than one-hundred (100) miles,
the Carrier shall determine the conditions under which such crews
may stop to eat. When crews on runs of more than one-hundred (100)
miles are not permitted to stop to eat, members of such
crews shall be paid an allowance of $1.50 for the trip. PART IV Section 1. A crew member vacancy arising at the
home terminal will be covered by the Seniority District of
the crew with the vacancy. Vacancies arising at the away-from-
home terminal will likewise be covered in the same manner. In
the event no such employe can be made available, the vacancy
will be covered by an available employe from a following
interdivisional crew of the same seniority district. If none,
the vacancy may be covered by an available employe not of that
seniority district. The employe so used shall be returned
deadhead to his home terminal. Section 2. NWD and ED Conductors and Brakemen handling
trains in this Interdivisional Service shall be governed by
their respective Work Rules Agreements. Nothing contained in
this Agreement, except as specifically provided herein, shall
be construed or interpreted as modifying,' changing, or amending
any of the terms and provisions of the current Schedule Agreements. Section 3. Selected trains to be operated in this
service shall be identified in advance as near as practical,
covering a twenty-four (24) hour period at each home terminal.
Effort shall be made by the Company to operate as many expedited
trains in this service as consistent each day to permit maximum
earnings for pool freight crews assigned thereto. Section 4. Pool freight crews moving in the same
direction who do not have the same objective terminals will
not be exchanged with a crew of another train enroute 'without
subjecting the Company to the payment of a one-hundred (100) mile
penalty. Section S. Deadheading of crews will be made on trains
or other suitable means of transportation which will permit the
deadheading crew to reach their objective terminal without.
delay. In the event non-compliance with this provision, such
deadhead crew shall qualify for a penalty payment of one (1)
arbitrary hour. Crews may be deadheaded out of alternation·
without penalty to their home terminal . Section 6. Crews called in their turn in the same pool,
without regard to different seniority districts, who do not
depart from their home terminal on the road trip in the order
called, will be allowed a runaround of fifty (50) miles. Section 7·. Carrier will furnish to the involved UTU
Local Chairmen with statement each thirty (30) day period
showing the number of trips each crew in Interdivisional' Service
made during the preceding calendar month. PART V Section 1. The conditions covering rules changes and
modifications set forth . in the June 7, 1972 ID Agreement
applicable to NWD employes: and the conditions covering
rule changes and modifications set forth in Part I of the
November 29, 1972 Agreement applicable to ED crews, shall be
extended in their' relative application to include employes
operating on the extended runs as covered by this Agreement. Section 2. Concurrent with the exercise of the
carrier's option to institute interdivisional service under
this Agreement and during the period this Agreement remains
in effect, it shall supersede all rules, practices and understandings
which are in conflict therewith. PART VI
IMPLEMENTING PROCEDURES Section 1. The Carrier shall have the option of
determining when, or whether or not it desires to place the
extended interdivisional service runs covered by the terms of
this Agreement into effect, which shall be for a sixty (60)
day test period, and which may be activated no sooner than
twenty (20) days after written notice is served simultaneously
upon the involved General Chairmen of their intent to do so. Section 2. When the option provided in Section 1 is
exercised for a sixty (60) day test period or less, the parties
signatory hereto are in agreement that they shall cooperate and
confer for the purpose of entering into additional understandings
or effecting needed modifications in the existing terms of this
Agreement, if necessary, to better serve the parties' objectives. Section 3. Promptly following the sixty (60) day' test
period referred to in Section 1 hereof, the parties will meet
for the purpose of evaluating the .conditions experienced during
said test period and if it is determined by the Carrier, as
result thereof, to continue the operation, then the parties
will finalize and/or modify the terms of this Agreement, as
necessary. Section 4. In the event the option provided in
Section 1 is not exercised by the Carrier within six (6)
months from the date of this Agreement, the Agreement shall
be automatically terminated in its entirety unless extended
by mutual agreement. Section 5. The terms of this Agreement shall be
effective October 1, 1977, and continue in effect until changed
or modified in accordance with the Railway Labor Act. Dated at Salt Lake city, Utah, this 12th day of September 1977 UNITED TRANSPORTATION UNION C&T
/s/ R. B. Murdock
General Chairman, Eastern District
UNITED TRANSPORTATION UNION C
/s/ G Mackay
General Chairman, Northwestern Dist.
UNITED TRANSPORTATION UNION T
/s/ ---
General Chairman, Northwestern Dist.
UNION PACIFIC RAILROAD COMPANY
/s/ Alden Lott
Director of Labor Relations, South Central & Northwestern Dist.
/s/ J. H. Kenny
Director of Labor Relations, Eastern District
Item 21 (b)
RLA-6-391
AGREEMENT
between the
UNION PACIFIC RAILROAD COMPANY
(Northwestern and Eastern Districts)
and the
UNITED TRANSPORTATION UNION -C and T APPORTIONMENT OF WORK AND EMPLOYES IN INTERDIVISIONAL FREIGHT SERVICE
POCATELLO RAWLINS IT IS AGREED: Section 1. APPORTIONMENT OF WORK. (a) The apportionment
of work in the POCATELLO-RAWLINS Operating District, as
between train crews of ·the Idaho Division Seniority District
and the Wyoming Seniority District shall be determined on the.
basis of allocating the Idaho Division with .65% and the Wyoming
Division with .35% of the actual miles operated in Interdivisional
Through Freight Service between Pocatello and Rawlins. (b) Train crew assignments protecting the movement of
trains in this Interdivisional Service shall be apportioned on
the basis of sixty-five (65) starts to the Idaho Division and
thirty-five (35) starts to the Wyoming Division out of every
one-hundred (100) starts operated. NOTE: The term “starts” as used herein
means a service or deadhead trip
in one direction. (c) If equalization is not attained within one-hundred
(100) starts, the Carrier may carry over one start for adjustment
within the succeeding 100 starts. In the event such equalization
requires in excess of one start, any shortage will be adjusted by
payment of 378 miles for each such start representing the shortage.
Such payment will be made to the employes standing first-out
immediately after operation of the 100th train. Section 2. MANNING. (a) Freight service between
Pocatello and Rawlins shall be manned by train service employes
from both seniority districts, between Pocatello and Green
River and between Green River and Rawlins, with each having
separate home terminals. Each pool of freight crews will operate
independently of the other and employes assigned thereto will
be blueprinted in their respective pools at their home terminal
and will work under the terms and conditions of their respective
work rules agreements, but will operate in their turn from their
respective pools, out of each terminal, on alternating trains
or deadhead, except as otherwise provided in this Section 2. NOTE: The term "alternation" means two and one,
and one and one as illustrated in Part II, Section 1(d). (b) For the purpose of maintaining a proper and
equitable Equalization of the mileage apportionment set forth in
Section 1 hereof, between the two (2) Seniority Districts referred
to in paragraph (a) hereof, two (2) crews of the same (NWD)
seniority district pool may be operated from their home terminal
and away-from-home terminal, six times during each cycle of
twenty (20) trains handled in interdivisional service, without
restriction. Should more than two (2) crews be operated, from
the same pool, out of alternation, in the same cycle, the
crew standing first-out for service in the pool who stood to be
used in alternation, shall be allowed one-hundred (100) miles
as a penalty (and retain the first-out position in the pool)
provided such crew is not used within sixteen (16) hours from
the on-duty time of the crew used in his stead. (c) Crews may be deadheaded out of alternation. Should
deadheading of crews out of alternation result in the operation
of two (2) or more successive crews from the same seniority
district pool, the penalty provided in paragraph (b) hereof
shall not apply. Section 3. EFFECT AND PURPOSE. (a) The purpose of this
Agreement is to give effect to Section 2, Part I of the Interdivisional
Service Agreement, and to establish procedure for
the allocation of crews and equalization of mileage. (b) This Agreement supersedes all rules, practices
and understandings, however established, which are in conflict
therewith. (c) The parties hereto will cooperate and confer
as conditions warrant and will meet for the purpose of entering
into any additional understandings or alteration to this Agreement
as may be required for the betterment of the service and
to give the desired effect to the respective parties' objectives
in accomplishing the equalization of mileage, allocation of
crews, and the promotion of effective and efficient operation
of this interdivisional service. (d) Except as may otherwise be specifically provided
herein, applicable rules of the parties' basic Agreements are
not modified nor impaired by this Agreement. Dated at Salt Lake City, Utah, this 12th day of September, 1977 UNITED TRANSPORTATION UNION C
/s/ G Mackay
General Chairman, Northwestern Dist.
UNITED TRANSPORTATION UNION T
/s/ ---
General Chairman, Northwestern Dist.
UNITED TRANSPORTATION UNION C & T
/s/ R. B. Murdock
General Chairman, Eastern District
UNION PACIFIC RAILROAD COMPANY
/s/ Alden Lott
Director of Labor Relations, South Central & Northwestern Dist.
/s/ J. H. Kenny
Director of Labor Relations, Eastern District Item 21(c) November 4, 1977 #5
E-013-23-4-IR #17
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) £, (T) ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN POCATELLO AND RAWLINS Section 1. Trainmen operating from Pocatello, Idaho to Rawlins,
Wyoming will be allowed 376 road miles. Trainmen operating
from Rawlins to Pocatello will be allowed 376 road miles. Section 2. A separate pool will be established for employes
assigned to this ID service. Section 3. 7th district trainmen assigned to this ID service
destined Rawlins who die under the law at Creston or between
Creston and Rawlins will be deadheaded no later than on the first
following train moving to Rawlins and if not so deadheaded will
be allowed a penalty of fifty (50) miles for each train not
deadheaded on. 7th district trainmen assigned to this ID
service destined Pocatello who die under the law at McCammon or
between McCammon and Pocatello will be deadheaded no later than
on the first following train moving to Pocatello .and if not so
deadheaded will be allowed a penalty of fifty (50) miles for
each train not deadheaded on. Section 4. (a) For a period of six (6) months from the date
this ID service is begun an employe assigned to and working
in such ID service will be entitled to his pro rated portion
of a monthly guarantee of 3900 district miles for each full
calendar day on which he works in this ID service. (b) The December 23, 1975 agreement granting a 10-year
guarantee of 3800 district road miles applies to trainmen assigned
to this ID service. Section 5. (a) Eastbound 7th district trainmen assigned to this
ID service who reach McCammon and who are returned to Pocatello
will be allowed a minimum of one-way road miles Pocatello to
Rawlins. If such eastbound trainmen reach Montpelier and are
returned to Pocatello they will be allowed a minimum of the
round trip road miles Pocatello to Rawlins to Pocatello. (b) Westbound 7th district trainmen assigned to this interdivisional
service who reach Wamsutter and who are returned to
Rawlins will be allowed a minimum of one-way road miles Rawlins
to Pocatello. If such westbound trainmen reach Point of Rocks
and are returned to Rawlins they will be allowed a minimum of
the round trip road miles Rawlins to Pocatello to Rawlins. Section 6. A trainman assigned to this ID service having time
to work under the hours of service act will not be required to
exchange trains with a trainman who is on short time under the
hours of service act. In the event of non-compliance with this
section 6, the trainmen who are required to exchange trains will
be allowed a penalty payment of 100 miles and will be restored
at the first opportunity to their same relative position on the
board insofar as Eastern District trainmen are concerned. Section 7. If attendance at an investigation requires a trainman
assigned to this interdivisional service to travel over any
portion of the interdivisional territory, he will be allowed
deadhead miles over that portion of the territory where he holds
no primary rights. Dated at Omaha, Nebraska this 4th day of November 1977. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 21 (d) November 4, 1977 #6
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) UNDERSTANDINGS APPLICABLE TO AGREEMENTS PROVIDING FOR THE ESTABLISHMENT OF INTERDIVISIONAL SERVICE BETWEEN SALT LAKE CITY AND RAWLINS AND BETWEEN POCATELLO AND RAWLINS Section 1. The Salt Lake City-Rawlins pool and the Pocatello-Rawlins
pool are segregated pools and are not to be intermingled. Section 2. For a period of six (6) months from the date ID
service is established between Salt Lake City and Rawlins, an
employe assigned to the Salt Lake City-Green River pool or
the Rawlins-Green River pool will be entitled to his pro rated
portion of a monthly guarantee of 3900 district miles for each
full calendar day he is assigned to such pool. Section 3. 7th district crews working in the Pocatello-Rawlins
ID service will not be permitted to handle traffic originating
at one point and destined to another point, both of which are
between Granger and Point of Rocks. Dated at Omaha, Nebraska this 4th day of November 1977. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 22(a) E-013-23-4-IR #18
November 3, 1977 #2
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C)&(T) INTERDIVISIONAL SERVICE BETWEEN DENVER AND OAKLEY AND BETWEEN
OAKLEY AND SALINA Section 1. For a period of six months from the date ID service
between Denver and Oakley or between Oakley and Salina is established
a trainman in such interdivisional service will be entitled to his
pro rata portion of a monthly guarantee of 3900 miles for each full
calendar day on which he works in such ID service. Section 2. The number of conductors and brakemen to be covered by
Section I above will be four conductors and eight brakemen for each
district. Section 3. The Company may establish a guaranteed extra board
for conductors and brakemen at Oakley under the usual conditions to
work in both directions out of that location. Section 4. Salina extra men will not work west of Ellis
except in ID service which ordinarily will be a straightaway
trip originating at Salina and ending at Oakley. Oakley
extra men will not work east of Ellis except in ID service
which ordinarily will be a straightaway trip originating at Oakley
and ending at Salina. Section 5. Lockers for trainmen assigned to ID service
covered by this agreement will be provided by the Company. Section 6. Detoured trains may be operated in ID service
between Oakley and Salina via Plainville under the provisions of
applicable ID agreements. Section 7. If necessary to call an ID conductor and brakemen
for dogcatching service such conductor and brakemen will be allowed
a minimum of one-way ID district miles. Section 8. The Company and Organization representatives will
meat at an agreeable time at Denver, Oakley and Salina to work out
problems related to eating and lodging at those .points. section 9. A trainman assigned to the Denver-Oakley ID pool
used to perform service in the Salina-Oakley territory will be
allowed a penalty of 100 miles. A trainman assigned to the
Salina-Oakley ID pool used to perform service in the Denver-Oakley
territory will be allowed a penalty of 100 miles. Section 10. (a) An eastbound trainman in the Denver-Oakley
ID pool who does not reach Hugo and is returned to Denver will be
allowed a minimum of one-way road miles Denver to Oakley. If such
trainman reaches Hugo and is returned to Denver he will be
allowed a minimum of the round trip road miles Denver to Oakley to Denver. (b) A westbound trainman in the Denver-Oakley ID pool
who does not reach Cheyenne Wells and is returned to Oakley will
be allowed a minimum of one-way road miles Oakley to Denver. If
such trainman reaches Cheyenne Wells and is returned to Oakley
he will be allowed a minimum of the round trip road miles Oakley
to Denver to Oakley. (c) ·An eastbound trainman in the Oakley-Salina ID pool who
does not reach Hays and is returned to Oakley will be allowed a
minimum of one-way road miles Oakley to Salina. If such trainman
reaches Hays and is returned to Oakley he will be allowed a
minimum of round trip road miles Oakley to Salina to Oakley. (d) A westbound trainman in the Oakley-Salina ID pool
who does not reach Russell and is returned to Salina will be
allowed a minimum of one-way road miles Salina to Oakley. If
such trainman reaches Russell and is returned to Salina he will
be allowed a minimum of round trip road miles Salina to Oakley
to Salina. Section 11. Prior to the establishment of ID service between
Denver and Oakley, or Oakley and Salina, a meeting will be held
with Employe representatives and Company representatives, including
Operating, Labor Relations and Timekeeping Officers for the purpose
of discussing this operation. Dated at Omaha, Nebraska this 3rd day of November, 1977. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 22(b)
E-013-23-4-IR
November 3, 1977
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) 1. The following is added as paragraph (1) of Section 1,
Part I, of the Interdivisional Runs Agreement dated May 22, 1972: (1) Hugo and Sharon Springs will be eliminated as away-from
-home terminals and Sharon Springs will be
eliminated as a home terminal, and trainmen on the
12th Seniority District will operate between Denver,
Colorado and Oakley, Kansas. i. The home terminal for 12th District trainmen
assigned to these runs will be Denver. ii. Trainmen operating from Denver to Oakley
will be allowed 262 road miles; trainmen
operating from Oakley to Denver will be allowed
261 road miles. 2. The following is added as paragraph (m) of Section 1, Part I,
of the Interdivisional Runs Agreement dated May 22, 1972: (m) Ellis, Kansas will be eliminated as a home terminal
for 12th Seniority District trainmen and will be
eliminated .as an away-from-home terminal for 10th
District trainmen. Sharon Springs will be eliminated
as an away from home terminal for 12th District
trainmen. i. These runs will be manned by 10th and 12th
District trainmen on the basis of the ratio of
miles that the 10th and 12th Districts, respectively,
bear to the total miles of the run. ii. The home terminal for 12th District trainmen
assigned to these runs will be Oakley; the home
terminal for 10th District trainmen will be Salina. iii. Employes operating from Oakley to Salina will
be allowed 191 road miles; employes operating from
Salina to Oakley will be allowed 192 road miles. Dated at Omaha, Nebraska this 3rd day of November 1977. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations Item 22 (c) E-013-23-4-IR
November 3, 1977
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) DRIVING ALLOWANCES – HOME SETTLEMENTS Section 1 (a). Trainmen listed on Attachment "A" who are
required to drive from Sharon Springs to Oakley, Kansas as a result
of inauguration of Interdivisional Service between Denver, Colorado
and Oakley, Kansas or between Oakley and Salina, Kansas will be
allowed a driving allowance of $13.50 for each round trip. (b) Trainmen listed on Attachment "A" who are required to
drive between Ellis and Oakley, Kansas as a result of inauguration
of Interdivisional Service between Deliver, Colorado and Oakley,
Kansas or between Oakley and Salina, Kansas will be allowed a
driving allowance of $18.00 for each round trip. Section 2(a). After a trainman listed on Attachment "A" has
qualified for thirty (30) of the driving allowances specified in
Section 1(a) above, he may, at his option, within sixty (60) days
of the date he qualifies for his thirtieth such allowance, elect .to
receive a lump sum of $2,750.00 (Two Thousand Seven Hundred and
Fifty Dollars), Which lump sum settlement will be in lieu of future
driving allowances and in lieu of any home settlement due. (b) After a trainman listed on Attachment "A" has. qualified for·
thirty (30) of the driving allowances specified i& Section 1(b) above,
he may, at his option, within sixty (60) days from the date he
qualifies for his thirtieth such allowance, elect to receive a lump
sum of $3,250.00 (Three Thousand Two Hundred and Fifty Dollars), which
lump sum settlement will be in lieu of future driving allowances and
in lieu of any home settlement due. Section 3. A trainman not opting for a lump sum settlement
provided for in Section 2 above will continue to be eligible for a
home settlement for a three year period with such three year period
to run from the date the ID service provided for in Section 1 above
is begun·. Section 4. A trainman not opting for a lump sum settlement
provided for in Section 2 above or for any home settlement to which
he is entitled under Section 3 above will be entitled to the driving
allowance specified in Section 1 above for as long as he otherwise
qualifies therefor. Section 5. A trainman who is covered by Section 1 above who
retains his place of residence at Sharon Springs or Ellis will be
called for service out of Oakley as nearly as practicable two or
two and one-half hours, respectively, before required to report for
duty. Section 6. The Company will provide a facility at Oakley
properly equipped for the use of employes covered by Section 1
above waiting for a call for Oakley-Denver or Oakley-Salina ID
service. Section 7. The driving allowances specified in Section 1
above will be subject to renegotiation five years from the date the
ID service is inaugurated and each five year period thereafter. Section 8. The receipt of benefits under this agreement will
constitute a waiver of any right of such employe to claim or receive
the same or any similar benefits under any other agreement to which
the Union Pacific is a party. Dated at Omaha, Nebraska this 3rd day of November, 1977. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Item 22 (d)
December 1, 1978
E-013-23-35
AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY - EASTERN DISTRICT
and
UNITED TRANSPORTATION UNION (C) & (T) GUARANTEED EXTRA BOARD - BRAKEMEN – OAKLEY 1. Effective 12:01 a.m., December 1, 1978, a guaranteed
extra board is established at Oakley, Kansas, to fill
vacancies in the territory Oakley-Denver, Oakley-Plainville
and 12th District percentage of Oakley-Salina. 2. Vacancies on the extra board shall be filled by
assignment of the senior brakeman having written application
on file with the crew dispatcher, with' copy to the UTU(T)
local chairman. If no applications are filed, the junior
unassigned brakeman shall be assigned. 3. Applications for assignment to this extra board
shall automatically expire 30 days after submitted unless
renewed in writing. Applications may be cancelled at any
time prior to notification of assignment by written notice
to the crew dispatcher, with copy to the UTU(T) local
chairman. 4. Each extra brakeman shall receive a monthly guarantee,
or portion thereof, equivalent to 3850 miles at the
basic freight rate of pay. The guarantee shall be computed
on a daily basis and shall not apply to any date the extra
brakeman lays off or is otherwise not available for service
the calendar day. 5. (a) The Superintendent shall regulate the extra
board. In the regulation of the board an average of 4450
miles per month shall not be exceeded, and the Carrier shall
not be subject to claims because of the regulation thereof. (b) Deadheading which is required account the
extra board being depleted is compensable. 6. Each extra brakeman shall register his actual
accumulated mileage on completion of each trip in the book
provided at a location agreed to by the Superintendent and
the UTU(T) local chairman. 7. A brakeman assigned to the extra board shall remain
thereon not less than 30 days unless displaced. 8. An extra brakeman laying off or missing a call
shall not be permitted to mark up in less than 24 hours if
another extra brakeman is available. An extra brakeman
tying up for rest shall be considered as laying off. 9. (a) An extra brakeman called for a vacancy at an
outlying point shall be released to return to the extra
board after seven days or on completion of last trip preceding
layover day and shall be placed last out at tie-up
time that day. (b) An extra brakeman released from an outlying
vacancy shall not be called a second time for the same
vacancy if another extra brakeman is available. (c) In the protection of an outlying vacancy,
deadhead pay shall be allowed only for the first trip to and
the last trip from such vacancy. No intermediate deadheads
shall be paid for. 10. (a) When laying off or missing call for an outlying
vacancy, the extra brakeman shall be required to
report at the outlying point without deadhead pay in either
direction. If the outlying vacancy no longer exists or has
been filled under Rule 44(a) (1), the extra brakeman shall be
placed last out. (b) It is understood that this provision does not
estop the Carrier from administering such discipline as it
deems proper for a missed call. 11. This agreement may be cancelled by the serving of
10 days written notice by either party. UNITED TRANSPORTATION UNION (C) (T)
/s/ R. B. Murdock
General Chairman
UNION PACIFIC RAILROAD COMPANY
/s/ J. H. Kenny
Director of Labor Relations
Omaha, Nebraska
December 1, 1978
Item 23
UNION PACIFIC RAILROAD COMPANY
DEPARTMENT OF LABOR RELATIONS
July 14, 1978
E-013-23-4-IR
E-013-23-95-11
E-013-23-58
Mr. R. B. Murdock
General Chairman, UTU(C)&(T)
206 Farm Credit Building
Omaha, Nebraska 68102
Dear Sir: This will confirm agreement reached at Kansas City on
July 11, 1978 to be effective at 12:01 a.m. July 16, 1978. It is agreed that the following provisions of the
Interdivisional Runs Agreement dated May 22, 1972 will apply
to 9th District conductors and brakemen in the Kansas City-Marysville
pool: (1) Part II - Section 1 dealing with the basic rate. (2) Part III - Paragraph (a) dealing with overtime. (3 ) Part III - Paragraph (b) dealing with held time. (4) Part VI - Section 2 dealing with running the meal. It is also agreed that: (a) The provisions of Part VI, Section 2 of the
ID Agreement dated May 22, 1972 will govern
9th District conductors and brakemen covered
by this agreement which will eliminate existing
eating arrangements at Kansas City. This will
also cover Jeffrey Energy Center. (b) All unauthorized allowances now being paid to
conductors and brakemen covered by this agreement
will no longer be claimed nor allowed--
including the extra hour's final delay at Kansas
City. (c) West switching limits at Topeka are extended to
M.P. 74.25 on the First Subdivision and to M.P.
75.50 on the Denver Subdivision. The four mile
provision of Article VI of the National Agreement
dated January 27, 1972 will continue to be
measured from the former switching limits. (d) East switching limits at Junction City are
extended to M.P. 137.20. The four mile provision
of Article VI of the National Agreement
dated January 27, 1972 will continue to be
measured from the former switching limits. Yours truly,
/s/ J. H. Kenny
ACCEPTED:
/s/ R. B. Murdock
General Chairman, UTU (C) & (T)
Item 24 (a)
OPERATING VACATION AGREEMENTS-SYNTHESIS The following represents a synthesis in one document, for
the convenience of the parties, of the national Vacation Agreement
of April 29, 1949, between certain Eastern, Western and
Southeastern Carriers and their employees represented by the
United Transportation Union, and the several amendments made
thereto in various national agreements up to January 27, 1972. This is intended as a guide and is not to be construed
as constituting a separate agreement between the parties. If
any dispute arises as to the proper interpretation or application
of any vacation provision, the terms of the appropriate vacation
agreement shall govern. Section 1 (a) - Effective January 1, 1973, each employee, subject
to the scope of schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement, will be
qualified for an annual vacation of one week with pay, or pay in
lieu thereof, if during the preceding calendar year the employee
renders service under schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement amounting to
one hundred sixty (160) basic days in miles or hours paid for,
as provided in individual schedules. Beginning with the effective date of the provisions of
Article 3 of Agreement "An dated September 25, 1950, May 25, 1951
or May 23, 1952, on an individual carrier, but not earlier than
the year 1960, in the application of this Section 1 (a) each basic
day in yard service performed by a yard service employee or by
an employee having interchangeable road and yard rights shall be
computed as 1.3 days, and each basic day in all other services
shall be computed as 1.1 days, for purposes of determining
qualifications for vacations. (This is the equivalent of 120
qualifying days in a calendar year in yard service and 144 qualifying
days in a calendar year in road service.) (See NOTE below) Beginning with the year 1960 on all other carriers, in the
application of this Section 1(a) each basic day in all classes
of service shall be computed as 1.1 days for purposes of
determining qualifications for vacation. (This is the equivalent of 144
qualifying days.) (See NOTE below) (b) - Effective January 1, 1973, each employee, subject to
the scope of schedule agreements held by the organizations signatory
to the April 29, 1949 Vacation Agreement, having two or more
years of continuous service with employing carrier will be qualified
for an annual vacation of two weeks with pay, or pay in
lieu thereof, if during the preceding calendar year the employee
renders service under schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement amounting to
one hundred sixty (160) basic days in miles or hours paid for
as provided in individual schedules and during the said two or
more years of continuous service renders service of not less
than three hundred twenty ()20) basic days in Idles or hours paid
for as provided in individual schedules. Beginning with the effective date of the provisions of
Article 3 of Agreement "A” dated September 25, 1950, May 25, 1951
or May 2), 1952, on an individual carrier, but not earlier than
the year 1960, in the application of this Section l(b) each basic
day in yard service performed by a yard service employee or by
an employee having interchangeable road and yard rights shall be
computed as 1.4 days, and each basic day in all other services
shall be computed as 1.2 days, for purposes of determining
qualifications for vacations. (This is the equivalent of 110
qualifying days in a calendar year in yard service and 132 qualifying
days in a calendar year in road service.) (See NOTE below) Beginning with the year 1960 on all other carriers, in the
application of this Section l(b) each basic day in all classes
of service shall be computed as 1.2 days for purposes of determining
qualifications for vacation. (This is the equivalent of 132 qualifying days.)
(See NOTE below) (c) - Effective January 1, 1973, each employee, subject to
the scope of schedule agreements held by the organizations
signatory to the April 29. 1949 Vacation Agreement, having ten
or more years of continuous service with employing carrier will
be qualified for an annual vacation of three weeks with pay. or
pay in lieu thereof, if during the preceding calendar year the
employee renders service under schedule agreements held by the
organizations signatory to the April 29, 1949 Vacation Agreement
amounting to one hundred sixty (160) basic days in c:iles or hours
paid for as provided in individual schedules and during the said
ten or more years of continuous service renders service of not
less than sixteen hundred (1600) basic days in miles or hours
paid for as provided in individual schedules. Beginning with the effective date of the provisions of Article 3
of Agreement "A" dated September 25, 1950, May 25, 1951 or
May 23, 1952, on an individual carrier, but not earlier than the
year 1960, in the application of this Section l(c) each basic
day in yard service performed by a yard service employee or by
an employee having interchangeable road and yard rights shall
be computed as 1.6 days, and each basic day in all other services
shall be computed as 1.3 days, for purposes of determining
qualifications for vacations. (This is the equivalent of 100
qualifying days in a calendar year in yard service and 120 qualifying
days in a calendar year in road service.) (See NOTE below) Beginning with the year 1960 on all other carriers, in 'the
application of this Section l(c) each basic day in all classes
of service shall be computed as 1.3 days for purposes of
determining qualifications for vacation. (This is the
equivalent of 120 qualifying days.) (See NOTE below) (d)-Effective January 1,1973, each employee, subject to
the scope of schedule agreements held by the organizations signatory
to the April 29, 1949 Vacation Agreement, having twenty or more
years of continuous service with employing carrier will be qualified
for an annual vacation of four weeks with pay, or pay in lieu
thereof, if during the preceding calendar year the employee renders
service under schedule agreements held by the organizations signatory
to the April 29, 1949 Vacation Agreement amounting to
one hundred sixty (160) basic days in miles or hours paid for as
provided in individual schedules and during the said twenty or
more years of continuous service renders service of not less
than thirty-two hundred (3200) basic days in miles or hours paid
for as provided in individual schedules. Beginning with the effective date of the provisions of Article 3
of Agreement "A" dated September 25, 1950, May 25, 1951
or Nay 23, 1952, on an individual carrier, but not earlier than
the year 1960, in the application of this Section ltd) each basic
day in yard service performed by a yard service employee or by
an employee having interchangeable road and yard rights shall be
computed as 1.6 days, and each basic day in all other services
shall be computed as 1.3 days, for purposes of determining
qualifications for vacations. (This is the equivalent of 100
qualifying days in a calendar year in yard service and 120
qualifying days in a calendar year in road service.) (See NOTE
below) . Beginning with the year 1960 on all other carriers, in the
application of this Section ltd) each basic day in all classes
of service shall be computed as 1.3 days for purposes of
determining qualifications for vacation. (This is the
equivalent of 120 qualifying days.) (See NOTE below) (e) - Effective January 1, 1973, each employee, subject to
the scope of schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement, having twenty
- five or more years -of continuous service with employing carrier
will be qualified for an annual vacation of five weeks with pay,
or pay in lieu thereof, if during the preceding calendar year the
employee renders service under schedule agreements held by the
organizations signatory to the April 29, 1949 Vacation Agreement
amounting to one hundred sixty (160) basic days in miles or
hours paid for as provided in individual schedules and during
the said twenty-five or more years of continuous service renders·
service of not less than four thousand (4,000) basic days in miles
or hours paid for as provided in individual schedules. Beginning with the effective date of the provisions of
Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951
or May 23, 1952, on an individual carrier, but not earlier than
the year 1960, in the application of this Section l(e) each basic
day in yard service performed by a yard service employee or by an
employe having interchangeable road and yard rights shall be
computed as 1.6 days, and each basic day in all other services
shall be computed as 1.3 days, for purposes of determining
qualifications for vacations. (This is the equivalent of 100
qualifying days in a calendar year in yard service and 120 qualifying
days in a calendar year in road service.) (See NOTE below) Beginning with the year 1960 on all other carriers, in the
application of this 'Section l(e) each basic day in all classes
of service shall be computed as 1.3 days for purposes of determining
qualifications for vacation. (This is the equivalent of 120 qualifying
days.) (See NOTE below) NOTE: - In the application of Section l(a), (b), (c), (d) and (e),
qualifying years accumulated, also qualifying requirements for
years accumulated, prior to the effective date of
date of the respective provisions hereof,
for extended vacations shall not be changed. (f) - In dining car service, for service performed on and
after July 1, 1949 - each 7! hours paid for shall be considered
the equivalent of one basic day in the application of
Section l(a), (b), (c), (J) and (e). (g) - Calendar days on which an employee assigned to an
extra list is available for service and on which days he performs
no service, not exceeding sixty (60) such days, will be included
in the determination of qualification for vacation; also,
calendar days, not in excess of thirty (30), on which an employee
is absent from and unable to perform service because of injury
received on duty will be included. The 60 and 30 calendar days referred to in this Section l(g)
shall not be subject to the l.l, 1.2, 1.3, 1.4 and 1.6 computations
provided for in Section l(a), (b), (c), (d) and (e), respectively. (h) Where an employee is discharged from service and
thereafter restored to service during the same calendar year with
seniority unimpaired, service performed prior to discharge and
subsequent to reinstatement during that year shall be included in
the determination of qualification for vacation during the following
year. Where an employee is discharged from service and thereafter
restored to service with seniority unimpaired, service before and
after such discharge and restoration shall be included in computing
three hundred twenty (320) basic days under Section l(b), sixteen
hundred (1600) basic days under Section l(c), thirty-two hundred
(3200) basic days under Section ltd), and four thousand (4,000)
basic days under Section l(e). (i) - Only service performed on one railroad may be combined,
in determining the qualifications provided for in this Section 1,
except that service of an employee on his home road may be combined
with service performed on other roads when the latter service is
performed at the direction of the management of his home road
or by virtue of the employe’s seniority on his home road. Such
service will not operate to relieve the home road of its responsibility
under this agreement. (j) - In instances where employees who have become members
of the Armed Forces of the United States return to the service
of the employing carrier in accordance with the Military Selective
Service Act of 1967, as amended, the time spent by such employees
in the Armed Forces subsequent to their employment by the employing
carrier will be credited as qualifying service in determining the
length of vacations for which they may qualify upon their
return to the service of the employing carrier. (k) - In instances where an employee who has become a member
of the Armed Forces of the United States returns to the service
of the employing carrier in accordance with the Military Selective
Service Act of 1967 as amended, and in the calendar year preceding
his return to railroad service had rendered no compensated service
or had rendered compensated service on fewer days than are required
to qualify for a vacation in the calendar year of his return to
railroad service, but could qualify for a vacation in the year of his
return to railroad service if he had combined for qualifying
purposes days on which he was in railroad service in such
preceding calendar year with days in such year on which he was
in the Armed Forces, he will be granted, in the calendar year of
his return to railroad service, a vacation of such length as he
could so qualify for under Section lea), (b), (c), (d) or (e) and
(j) hereof. (L) - In instances where an employee who has become a member
of the Armed Forces of the United States returns to the service
of the employing carrier in accordance with the Military Selective
Service· Act of 1967, as amended, and in the calendar year of his
return to railroad service renders compensated service on fewer
days than are required to qualify for a vacation in the following
calendar year, but could qualify for a vacation in such following
calendar year if he had combined for qualifying purposes days on
which he was in railroad service in the year of his return with
days in such year on which he was in the Armed Forces, he will be
granted, in such following calendar year, a vacation of such length
as he could so qualify for under Section 1 (a), (b), (c), (d) or (e) and
(j) hereof. Section 2.- Employees qualified under Section 1 hereof shall be
paid for their vacations as follows: General (a) - An employee receiving a vacation, or pay in lieu thereof,
under Section 1 shall be paid for each week of such vacation
1/52 of the compensation earned by such employee under schedule
agreements held by the organizations signatory to the April 29,
1949 Vacation Agreement, on the carrier on which he qualified
under Section 1 (or carriers in case he qualified on more than one
carrier under Section l(i» during the calendar year preceding the
year in which the vacation is taken, but in no event shall
such pay for each week of vacation be. less than six (6) minimum
basic days' pay at the rate of the last service rendered, except
as provided in subparagraph (b) (b) - Beginning on the date Agreement "A" dated September 25,
1950, May 25, 1951 or May 23, 1952, became or becomes effective
on any carrier, tae following shall apply insofar as yard service
employees and employees having interchangeable yard and road
rights covered by said agreement, who are represented by the
United Transportation Union, are concerned: Yard Service (l) An employee receiving a vacation, or pay in lieu
thereof, under Section 1 shall be paid for each week of
·such vacation 1/52 of the compensation earned by such
employee under schedule agreements held by the organi-
zations signatory to the April 29, 1949 Vacation Agreement,
on the carrier on which he qualified under Section
1 (or carriers in case he Qualified on more than one
carrier under Section 1(i)) during the calendar year preceding
the year in which the vacation is taken, but
in no event shall such pay for each week of vacation
be less than five (5) minimum basic days' pay at the rate
of the last service rendered.
Combination of Yard and Road Service (2) An employee having interchangeable yard and road
rights receiving a vacation, or pay in lieu thereof,
under Section 1 shall be paid for each week of such
vacation 1/52 of the compensation earned by such employee
under schedule agreements held by the organizations
signatory to the April 29, 1949 Vacation Agreement, on
the carrier on which he qualified under Section 1 or
carriers in case he qualified on more than one carrier
under Section 1 (i}) during the calendar year preceding
the year in which the vacation is taken; provided that, if
the vacation is taken during the time such
employee is working in road service such pay for each
week of vacation shall be not less than six (6) minimum
basic days' pay at the rate of the last road service
rendered, and if the vacation is taken during the time
such employee is working in yard service such 'pay for
each week of vacation shall be not less than five (5) minimum
basic days' pay at the rate of the last yard service rendered. NOTE; - Section 2(b) applicable to yard service shall apply
to yard, belt line and transfer service and
combinations thereof, and to hostling service. Section 3 - Vacations, or allowances therefor, under two or more
schedules held by different organizations on the same carrier
shall not be combined to create a vacation of more than the
maximum number of days provided for in any of such schedules. Section 4 - Time off on account of vacation will not be considered
as time off account employee's own accord under any guarantee
rules and will not be considered as breaking such guarantees. Section 5 - The absence of an employe on vacation with pay, as
provided in this agreement, will not be considered' as a vacancy,
temporary, or otherwise, in applying the bulletin rules of
schedule agreements. Section 6 - Vacations shall be taken between January 1st and
December 31st; however, it is recognized that the exigencies of
of the service create practical difficulties in providing vacations
in all instances. Due regard, consistent with requirements of the
service, shall be given to the preference of the employee in his
seniority order in the class of service in which engaged when
granting vacations. Representatives of the carriers and of the
employees will cooperate in arranging vacation periods, administering
vacations and releasing employees when requirements of the
service will permit. It is understood and agreed that
vacationing employees will be paid their vacation allowances by
the carriers as soon as possible after the vacation period but
the parties recognize that there may be some delay in such payments.
It is understood that in any event such employee will be
paid his vacation allowance no later than the second succeeding
payroll period following the date claim for vacation allowance
is filed. Section 7(a) - Vacations shall not be accumulated or carried over
from one vacation year to another. However, to avoid loss of
the by the employee at end of his vacation period, the number
of vacation days at the request of the employee may be reduced
in one year and adjusted in the next year. (b) - After the vacation begins layover days during the
vacation period shall .be counted as a part of the vacation. Section 8 - The vacation provided for in this Agreement shall
be considered to have been earned when the employee has
qualified under Section 1 hereof. If an employee's employment status is
terminated for any reason whatsoever, including but not limited
to retirement, resignation, discharge, non-compliance with a
union shop agreement, or failure to return after furlough', he
shall, at the time of such termination, be granted full vacation
pay earned up to the time he leaves the service, including pay
for vacation earned in the preceding year or years and not yet
granted, and the vacation for the succeeding year if the employee
has qualified therefor under Section 1. If an employee thus
entitled to vacation or vacation pay shall die, the vacation pay
earned and not received shall be paid to such beneficiary as
may have been designated, or, in the absence of such designation,
the surviving spouse or children or his estate, in that order
of preference. Section 9 - The terms of this agreement shall not be construed
to deprive any employee of such additional vacation days as he
may be entitled to receive under any existing rule, understanding
or custom, which additional vacation days shall be accorded
under and in accordance with the terms of such existing rule,
understanding or custom with respect to yard service employees,
and with respect to any yard service employee having
interchangeable yard and road rights who receives a vacation
in yard service, such additional vacation days shall be reduced by 1/6. Section 10 - Any dispute or controversy arising out of the
interpretation or application of any of the provisions of this
agreement will be handled on the property in the same manner as
other disputes. If the dispute or controversy is not settled
on the property and either the carrier or the organization desires
that the dispute or controversy be handled further, it shall be
referred by either party for decision to a committee, the carrier
members 'of which shall be five members of the Carriers' Conference
Committees signatory hereto, or their successors, and the employee
members of which shall be the chief executives of the five
organizations signatory hereto, or their representatives, or
successors. It is agreed that the Committee herein provided will
meet between January 1 and June 30 and July 1 and December 31 of
each year if any disputes or controversies have been filed for
consideration. In event of failure to reach agreement the dispute
or controversy shall be arbitrated in accordance with the Railway
Labor Act, as amended, the arbitration being handled by such
Committee. Interpretation or application agreed upon by such
Committee, or fixed by such arbitration, shall be final and
binding as an interpretation or application of this agreement. Section 11 - This vacation agreement shall be construed as a
separate agreement by and on behalf of each carrier party hereto,
and its railroad employees represented by the respective organiza-
tions signatory hereto, and effective July 1, 1949 supersedes the
Consolidated Uniform Vacation Agreement dated June 6, 1945,
insofar as said agreement applies to and defines the rights and
obligations of the carriers parties to this agreement and the
employees of such carriers represented by the United
Transportation Union. An employee who has taken or is scheduled to commence his
vacation during the year 1949 prior to July 1, 1949 shall not
be entitled to the increased vacation nor to the vacation allowance
provided for herein during the period July 1, 1949 - December 31,
1949. Section 12 - This vacation agreement shall continue in effect
until changed or modified in accordance with provisions of the
Railway Labor Act, as amended. Section 13 - This agreement is subject to approval of courts
with respect to carriers in hands of receivers or trustees. Section 14 - The parties hereto having in mind conditions which
exist or may arise on individual carriers in making provisions
for vacations with pay, agree that the duly authorized repre-
sentative (General Chairman) of the employees, party to this
agreement, and the officer designated by the carrier, may enter
into additional written understandings to implement the purposes
of this agreement, provided that such understandings shall not
be inconsistent with this agreement. Item 24 (b) NEED TO INSERT FROM 1978 NATIONAL AGREEMENT THE FOLLOWING MODIFIES THE VACATION SYNTHESIS, ITEM 24 (a).
(EXCERPTED FROM THE AUGUST 25, 1978 NATIONAL AGREEMENT) ARTICLE: III - VACATIONS
Insof.ar as applicable to employees represented by the United Transportation
Union, the Vacation Agreement dated April 29, 1949, as amended,
is further amended effective January 1, 1979, by substituting the following
Section l(c) and led) for the corresponding provisions contained in Section
1 of Article III of the Agreement of January 27, 1972:
(c) E:ffective January 1, 1979, each employee, subject to the
scope of schedule agreements held by the organizations signatory to the
April 29, 1949 Vacation Agreement, having nine or more years of continuous
service with employing carrier will be qualified for an annual \~cation
of three weeks with pay, or pay in lieu thereof, if during the preceding
calendar year the employee renders service under schedule agreements
held by the organizations signatory to the April 29, 1949 Vacation Agreement
amounting to one hundred sixty (160) basic days in miles or hours paid
for as provided in individual schedules and during the said nine or more
years of continuous service renders service of not less than fourteen
hundred forty (1440) basic days in mile's or hours paid for as provided
in individual schedules. '
Beginning with the effective date of the provisions of Article
3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23,
1952, on an individual carrier, but not earlier than the year 1960, in
the application of this Section l(c) each basic day in yard service performed
by a yard service employee or by an employee having interchangeable road
and yard rights shall be computed as 1.6 days, and each basic day in
all other services shall be computed as 1.3 days, for purposes of determining
qualifications for vacations. (This is the equivalent of 100 qualifying
days in a calendar year in yard service and 120 qualifying days in a
calendar year in road service.) (See NOTE below.)
Beginning with the year 1960 on all other carriers, in the
application of this Section l(c) each basic day in all classes of service
shall be computed as 1.3 days for purposes of determining qualifications
for vacation. (This is the equivalent of 120 qualifying days.) (See
NOTE below.)
(d) Effective January 1, 1979, each employee, subject to the
scope of schedule agreements held by the organizations signatory to the
April 29, 1949 Vacation Agreement, having eighteen or more years of continuous
service with employing carrier will be qualified for an annual vacation
of four weeks with pay, or pay in lieu thereof, if during the preceding
130 Item 24(b) Cont'd
~alendar year the employee renders service under schedule agree~er.ls
held by the organizations signatory to the April 29, 1949 Vacation Agreement
amounting to one hundred sixty (160) basic days in miles or hours paid
for as provided in individual schedules and during the said eighteen
or mOre years of continuous service renders service of not less than
t,,'enty-eight hundred eighty (2880) basic days in miles or hours paid
for as provided> in indi vidual sChedules.
Beginning with the effective date of the prOV1S10ns of Article 3
of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952,
on an individual carrier, but not earlier than the year 1960, in the
application of this Section led) each basic day in yard service performed
by a yard service employee or by an employee having interchangeable roa1
and yard rights shall be computed as 1.6 days, and each basic day in
all other services shall be computed as 1.3 days, for purposes of determining
qualifications for vacations. (This is the equivalent of 100 qualifying
days in a calendar year in yard service and 120 qualifying days in a
calendar year in road service.) (See NOTE below.)
Beginning with the year 1960 on all other carriers, in the application
of this Section l(d) each basic day in all classes of service shall be
computed as 1.3 days for purposes of determining qualifications for vacation.
(This is the equivalent of 120 qualifying days.) (See NOTE below.)'
(The NOTE referred to in Sections l(c) and l(d) above reads
as follows:
"NOTE: - In the application of Section l(a),
(b), (c), (d) and (e), qualifying year"
accumulated, also qualifying requirements
for years accumulated, prior to the effective
date of the respective provisions hereof, for
extended vacations shall not be changed.") Item 24 (c) NEED TO INSERT FROM 1-1-65 VACATION SCHEDULE AGREEMENT r. G R ::; : j; ~ i! T
bet\'/een the
UiIIOII P."CIFIC RAILRC.,D COi iPA IIY -E:,S'l'E;:l'~ DISTRICT
and the
oaD~R OF P': .. IL".:.\ Y CO~~Dt:CTOn.s 2:.. 3::.'\K:j.2.i~
Br.OTH;:;;:HOOD OF R"ILRO;,D TIUIHliEil
VAC_A TIOt! SCI'J'pULE_S_..::. J;,.01:IlUS .. 'L0.l1S .,ED Kl!iK2: ::;;!
Section 6 of the l!ational Vacation Agreenent effective
July 1, 1949, reads in ?art as follows:
"Vacations shall be taken bet\'reen JanU2.rv 1st
and Decer,lber 31st; however, it is reco!;nized that the
exigencies of the service create practical difficulties
in providing vacations in all instances. Due regard, consistent with requirenents of the service, shall be
given to the preference of the employe in his seniority order in the class of service in which enga[ed v/hen
granting vacations. Representatives of the carriers and
of the employes \'Iill cooperate in arranginG vacation
periods, administering vacations and releasing employes when requirements of the service \"fill permit."
In appl}'ing the above-quoted provision 01 aGreement in a
manner 11hich "Till perr.lit of orderly procedures in scheduling am!
granting vacations, it is agreed:
1. Superintendents will deterr~ine as soon as consistent
the employes llho are c:ualified for vacations of 7,
14, 21 or 28 days in accordance "lith the agreer.lents effective January 1, 1965.
2. The classification of e::1ployes, ,that is, \'rhether
they are conductors or braker.len, for the purpose of
selecting vacation periods 0: 7, 14, 21 or 2$ days, \',ill be determined by the grade of service to uhich they
are reGularly assisned on iioveJ:lber 15 prior to their
vacation year.
3. List of conductors eligible for vacation will be pi-e- pared in seniority order for each seniority district,
and copy furnished the local chairr:lan of the O.R.C.2:.B.
Similar list of brakemen eligible for vacation will be
furnished the local chair~~n of the B. of R. T.
4. Local officers and local chairmen will determine to
the best of their ability the nUD-ber of conductors
and ,bral~er,len on each seniority district "'h0 can be
granted vacations throu;;hout the year consistent
with requirements of the service.
5. Conductors and brakeoen will be Given opportunity to
select vacation periods in seniority order in each
seniorit:' district.
6. Vacations as selected in accordance with the above
will be shOlm on the vacation schedule separately for
conductors and bra!ce;;1en for each seniority roster,
and copy ft~nished the respective local chairmen.
Dates selected Hill not be subject to chanbe thereafter
except that if it is found there is a surplus of men in
any seniority district, employes desiring vacation at
that time I:lay be relieved on request of the individual
and approval of the officer in charge, givin;:; preference
to senior nen, and assiGned vacation period cancelled.
7. If conditions will not perDit the granting of vacation
as scheduled, payment will be made in lieu thereof in
conforcity with the vacation agreement.
C. In cases where employe fails to select ,vacation period he \'Till be assiGned vacation period by local chairman
and representative of the managetlent.
9. Vacation' periods ~Till begin at 12:01 A.n., on the
1st, 8th, 16th, and 23rd day of each month of the
year. lfuen the employe receives compensation chargeable
to the day his vacation is scheduled to begin, his
vacation will begin at 12:01 a.Itl., on the following day. Employes l'1ill be Granted their vacation alloNance in the
payroll period in which the vacation occurs.;;
This, Section "Till be applied as follows:
Example 1
An employe is schec!uled to bebin his vacation on
August 1st. On July 31st he is called at the far
teruinal at 10:00 p.m., and arrives at the home terDinal
at 3: 00 a.m., on August. 1st. The eLlploye ~Till be considered
as having begun his vacation at 12:01 a.m.,
August 1st.
'-,n employe is scheduleti to begin his vacation on
August 1st. On ."luGust 1st he is called at the far
terminal at 12:10 a.m., and arrives at the home
terminal at 5:10 a.m., on AU8Ust 1st. The employe will
be considered on vacation at 12:01 a.m., August 2nd.
Example 3
A yard employe is scheduled to begin his vacation
on August 1st. On July 31st he goes on duty at 11:59
p.m., -and goes off duty at 7:59 a.m., on August 1st.
The employe will be considered as havinG be~ his
vacation at 12:01 a.m., August 1st.
Exam~l.!L_lt
A yard employe is scheduled to begin his vacation
on August 1st. On July 31st he goes on duty at 3:59
p.m., and works a yard shift-plus one hour overtime,
going off duty at 12:59 a.m., on August 1st. The
eup10ye will be considered as having begun his vacation
at 12:01. a.m., Au:;ust 1st.
10. This agreement is subordinate to any interpretations of the National Vacation Agreement by the committee
provided for in Section 10 of the llational Agreement dated April 29, 1949 and effective July 1, 1949, and
shall terminate thirty days after written notice
served by either party upon the other.
11. The agreements dated April 7, 1953 and February 10,
1954 with-the ORC&B and BofRT; the agreement dated
January S, 1954 with the BofRT; and the agreement dated June 28, 1963 with the Four Operating Organizations
are hereby superseded and cancelled.
This agreement is effective January 1, 1965.
FOR THE Er~LOYES:
(l.c.(
n, ORCtJi
Omaha, Nebraska
December 30, 1964
FOR UHION PACIFIC RAILROAD COIIPANY:
As7X~n~o fte~e-n""t-_---- Labor Relations
Item 24(d} NEED TO INSERT FROM 1-1-66 ADVANCE/DEFER VACATION AGREEMENT
AGREEMENT
between
UNION PACIFIC RAILROAD COl,IPANY-EASTERN DISTRICT
and
ORDER OF RAILliAY COi'lDUCTORS AND BRAKEl·lEN
A. Advancing and Deferring Vac~tion Periods
After official vacation schedules have been prepared in accordance with agreement dated Deceober 30, 1964, conductors
qualified to receive one, two, three or four weeks vacation ~nder the
agreer.Je:1t effective January 1, 1965 who are working at points where
extra boards are maintained ~y advance or defer vacation periods subject to the fol101·ring:
1. A conductor may advance hie vacation period to co~aence
on a day specif~ed in Paragraphs 8 and 9 of the agreec:ent dated
Decenber 30, 1904. .
2. Vacation periods advanced or deferred under Paragraph
1 hereof c:ust be for not less th3.n the follo\'ring nucber of consecutive
days:
One week
Two weeks
Three weeks
Four weel:s
- seven (7) days fourteen (14) days
twenty-one (21) days t~/entr-eight (28) days
3. A conductor who elects to advance or defer his vacation
period or a portion thereof must make ~~itten application to the crew
dispatcher or other designated representative of the Coopany and receive
approval froo such representative to advance or defer his vacation
period.
4. \fuen the complete vacation period for any conductor
has been advanced as herein provided, the vacation period of another
conductor may be deferred to the period in which the advanced cond".!ctor
''las scheduled to take his vacation, provided notificatio:1 of
sach deferment is submitted by the conductor to the crew dispatcher
or other designated representative of the Coopany at least five days in advance of the date such employe is scheduled for his vacation on
the official vacation schedule. Only one such deferment will be
granted when a vacation period is advanced.
5. Vacation periods will not be deferred where the vacation
cannot be completed during the calendar year.
B. Splitting Vacations
1. Conductors who are qualified for a vacation of tl-/O,
three or four weeks with pa~' under the provisions of the Vacation
Agreement of April 29, 1949, as amended by the Vacation Agreements of Decef.lber 16, 195.3 and ~!ovef.lber 20, 1964, will, upon writte:1 request
to the officer in charGe, and subject to his approval and the
availability of extra employes to provide relief, be permitted to
take their vacatious i:1 installments as follows:
(a) Conductors ~/ho are qualified for a two weeks'
vacation may take their vacation in two installments
of one ~/eek each.
(bl Conductors who are qualified for a three \'leeks'
vacation may take their vacation in two installments
of one Iyeek and- tl~O weeks or vice versa, or
in three installments of one week each.
(c) Conductors who are qualified for a four week vacation
may tru~e their vacation in four installments
of one week each or combinations of one
week, two I-leeks and/or three week installments not
to exceed a total of four ~Ieeks vacation, and pro- vided extra conductors are available for relief.
(d) Vacations taken-in installments in accordance with
subsections (a), (b) or (c) of this Section B must
be taken in advance of the individual employe's scheduled vacation period as established by the pro- visions of the December 30, 1964 agreement. -
(e) Vacation periods may not be deferred, except as
provided in Section A.
(f) ,[hen a portion of the employe's vacation has been
taken in installments under Paragraphs (a), (b), (c) and (d) of this section and when portions of an
employe's vacation have been advanced in accordance
with Section A of this agreement, all rerr~ining
portions of the employe's vacation must be commenced
on the first date set in the original vacation
schedule, except as provided in subsection 2(a) of
this section.
2. '(a) Employes who, because of preference seniority, have
been scheduled and assi&ned a vacation period on the official vacation
schedule for the last four weeks in Decet;lber and who advance only a
portion of their vacation (one, two or three weeks as the case rnay be) under the terms of Sections A a~d S of this a&reement, will co~
mence and complete the re~~ining portion of their scheduled vacation
in the month of Decet;lber. The final or last two or three weel:s of
DecemQer, as may be the case, I~ill be reserved to such seniority er.;-
ployes. This exception for taking the remaining portion of a scheduled
vacation shall not apply to any other er.1ployes nor to any other vacation
period in the calendar year.
(b) The COClpany shall assume- no additional expense in
grantin; vacations in installments under this Agreet;lent.
(c) Subject to the provisions of subsections l(a) and 2(t) of Section B of this agreement, employes \-lorking at outside points where extra boards are not maintained shall be privileged to take
their vacations in installments; provided, however, that where deadheading
is involved the following regulations shall apply:
(1) Deadhead paycents under this split vacation arrangement
shall be limited to one round trip and such payments shall be allocated as follo'~s:
(a) Except as provided in subsection 2 of this
section (c), the first relief employe to deadhead to
the outside point to protect the first installment
of a vacation lrill be allowed deadhead pay to the
outside point. Deadhead trips of other employes to
an outside point to protect either the second, third
or fourth installment of a vacation shall not be paid for.
(b) The last relief employe to return from an outside
point after the last installment of a vacation has
been taken will be allowed deadhead pay from the outside
point to the point where the extra list is maintained.
(c) Intervening deadhead trips to and from outside
points which occur between the first and last installment
under this split vacation arrangement shall not
be paid for.
(2) Deadhead movements under this vacation agreement shall
not be paid for if they are othe~ise not payable, such as
deadhead movements occasioned by and coupled to r.1ileage
regulations.
(a) Employes 'who have made written application to take th~ir vacations in installments and have received permission
to do so, will subr.1it time return to the timekeeper for
paywent of that portion of their vacation al10Hance in pro- portion to the atlount of the vacation tal{en.
(b) Employes at outside points who elect to take their
vacations in installments shall advise crew dispatchers, tir.1ekee?ers and others of the precise conditions for which
such vacations are requested. Time allo\-lances for deadhead
trips will not be made until all supportinG data has
been furnished and checked.
( c) An employe Nho has been abs-ent from servi ce account
sickness or for personal reasons not less than seven (7),
fourteen (14), twenty-one (21), and/or twenty-eight (2$) days and who desires to allocate such absences against any vacation periods due must, at the time he returns to service,
notify the crew dispatcher or other designated representative
of the Carrier that such absences from service
are to be charged against vacation periods as may be
due.
C. Not a Guarantee
It is understood that the schedule of vacations on the
official vacation schedule establishes no guarantee that any employe shall be released for vacation at time scheduled. It is recognized that the exigencies of the service create practical difficulties in
providing vacations to all employes. The right of the Company to
withhold employes from scheduled vacations is recognized and, where
that is done, the employe will be allowed pay in lieu thereof, as
provided in Section 1 of the National Vacation Agreement effective
July 1, 1949, as amended by Article 5 of the Agreement dated December
16, 1953.
D. Effective Dat~
This agreement shall be effective January 1, 1966, and
thereafter until terminated, subject to the condition that it shall
terminate thirty (30) days after written notice is served by either
party upon the other, and supersedes and cancels agreement dated December
31, 1964, "Two, Three and Four week Vacations-Divided Into Two
Periods"; Agreement dated November 1, 1957, and any other agreement
or prOVision thereof that is in conflict herewith.
Dated at Omaha, Nebraska this 30th day of December, 1965.
ORDER OF RAILWAY CmmUCTORS & BRAKElvIEN:
General Chairman
139
UNION PACIFIC RAILrtOAD Cor'lPAN¥:
Asst. to Vice Presiden~
Labor Relations Item 24(e) NEED TO INSERT FROM 1-1-69 ADVANCE/DEFER VACATION AGREEMENT AGREEMENT
Between
U!':rO:~ PACIFIC Rf.IL!tOAD CO::PA:·1Y -EASTZRN DISTRICT
and
BRAKE:·:EN, YARD:,iEN AND TRUN BAGGAG:::;,;Efi
represented by
BRCTEEni1GCD OF iiXiLROAD TRAEr.·;EN
Adv~ncing and Defcrrin~ Vacation Periods
Effective January 1, 1969 the agreement of December 23, 1965 entitled, "Advancing and Deferring Vacation Periods", is
modified to incorporate the following provisions:
1. Allor any portion of an el:iploye I s vacation Dlay be
advanced or deferred subject to r;:anpower and
operational requirements. In the event several
employes wish to advance or defer their vacations
to the same period, seniority will prevail.
2. '~hen a portion of a vacation is advanced or
deferred the employe will specify \'lhat date he will
commence the vacation remaining during originally scheduled period ..
ELU1PLE: An employe with two weeks vacation is
scheduled for the period July 1-14.
He wishes to advance one week of it to
June 1-7. He must specify which week
will remain as originally scheduled -- the week July 1-7 or the week July $-14.
3. It will no longer be necessary that an employe who
has advanced or deferred his vacation be frozen to
any portion of his originally scheduled vacation
period.
4. An employe may make as many solits as he has weeks
of vacation. .
5. Gaps created by employes advancing or deferring vacations will be filled by the senior employe
filing written application therefor.
6. Employes who desire to advance or defer all, or a
portion of, their vacation period must make written
application at least seven (7) days in advance of
the desired change. This includes yard service
employes adjusting their vacation periods to
commence on the day following their designated days off.
140 Item 24(e) Cont'd
All portions of the agreement of December 2), 1965
in conflict with the above are modified accordingly,
This agreement shall be effective January 1, 1969,
subject to the condition that it shall terminate 10 days after
written notice is served by either of the parties upon the other.
Dated this 26th day of November, 1968.
FOR THE Er·!PLUYES: FOR WHCN PACIFIC RAILROAD CC.
Q
, BofLL: Asst. to Vice Presideht-Labor ReIns Item 24(f) NEED TO INSERT FROM 12-1-72 POOL FREIGHT SERVICE AGREEMENT ~QE~~tl~~!
between
Union Pacific Railroad Company - Eastern District
=d
united Tr=sportation Union (C)
united Transportation Union (T)
ADVANCING .VACATION & RETURNING FROM VACATION
POOL FREIGHT SERVICE
IT IS AGREED:
Section 9 of the Vacation Agreement dated December 30,
1964 requiring vacation periods of conductors =d brakemen to
commence the 1st, 8th, 16th or 23rd day of a month is modified
for such employes in pool freight service by the following
provisions: .
1. After the official vacation schedules become
e££ective an employe may advance his assigned
vacation period to commence on any day £ollo\nng
completion of his £inal trip prior to the assigned
starting date of his scheduled vacation, subject
to the provisions of this agreement.
Example: An employe whose vacation is scheduled
£or May 8 reports for his £inal trip at the £ar
terminal on May 4 and ties up at the home terminal
on May 5. Such employe may advance his vacation
period to commence on May 5, 6 or 7. (Note: In
this example the vacation may be adv=ced to May 5
inasmuch as the final trip commenced May 4 and no
earnings would be credited to May 5.)
2. Vacations must be taken at the home terminal =d will
commence at 12:01 AM on the date specified by the
employe, provided no compensation is credited to the
date selected.
3. Notice of intent to adv=ce an assigned vacation
period must be given to the crew dispatcher or other
designated company representative.
4. The number of scheduled days in a vacation period
shall not be extended or reduced or otherwise
affected when an employe advances the vacation
period under the provisions of this agreement.
5. This agreement shall be effective December 1, 1972
and shall terminate thirty (30) days after written
notice is served by any party on the others.
Dated at Omaha, Nebraska this 30th day of October, 1972.
FOR
UNITED TRANSPORTATION UNION (C) UNION PACIFIC RAILROAD CONPANY
General Chairman Director of Labor
UNITED TRANSPORTATION UNION (T)
143
Item 25 (a) INSERT FROM 1975 NATIONAL AGREEMENT
HOLIDAY PAY - SYNTHESIS
The following represents a synthesis in one document, for
the convenience of the parties, of the various National Agreements
dealing with holiday pay for yardmen up to and including January 27, 1972. This is intended as a guide and is not to be
construed as constituting a separate agreement between the parties. If any dispute arises as to the proper interpretation or application of any holiday provision, the terms of the appropriate agreement dealing with holiday pay shall govern.
(a) On the effective date of the option adopted pursuant
to Section 1 of this Article IV, each regularly assigned yard service employee, who meets the qualifications provided in para- graph (b) hereof, shall receive one basic day's pay at the pro
rata rate of the position to which regularly assigned for each
of the following enumerated holidays:
New Year's Day Washington's Birthday Decoration Day Fourth of July Labor Day Thanksgiving Day Christmas Day Employe's Birthday Veterans Day ( after January 1, 1973)
Only one basic day's pay shall be paid for the holiday irrespective of the number of shifts worked.
~10TE: When any of the above-listed holidays falls on Sunday, the day observed by the State
or Nation shall be considered the holiday.
(b) To qualify, a regularly assigned employee must be available
for or perform service as regularly assigned employee on the
work days immediately preceding and following such holiday, and
if his assignment works on the holiday, the employee must fulfill
such assignment. However, a regularly assigned yard service
employee whose assignment is annulled, cancelled or abolished,
or a regularly assigned yard service employee who is displaced from a regular assignment as a result thereof on (1) the work day immediately preceding the holiday, (2) the holiday, or (3) on the
work day immediately following the holiday will not thereby be
disqualified ~r holiday pay provided he does not layoff on any of such days and makes himself available for yard service on each
of such days excepting the holiday in the event the assignment does not work on the ho!iday. If the holiday falls on the last
day of an employee's work week, the first work day following his
"days off" shall be considered the work day immediately following. If the holiday falls on the first work day of his work week, the
last work day of the preceding work week shall be considered the
work day immediately preceding the holiday.
NOTE 1: A regularly assigned yard service err.ploye .... ho
qualifies for holiday pay under paragraph (b) above
shall not be deprived thereof by reason of changing from on~ regular yard assignment to another regular
yard assignment on the work day immediately preceding
or fol1owing the holiday or on the holiday.
KOTE 2: A regularly assigned yard service employee whose assignmen~ is annulled, cancelled, or abolished,
or a regularly assigned yard service employe who is
displaced from a regular assignment as a result thereof
as set forth above in paragraph (bl, and who reverts
to the extra board, \·,i11 be considered "available tt if
he marks himself on the extra board in sufficient time
under existing applicable mark-up rules to work a tour
of duty at the first opportunity permitted by such
applicable rules.
NOTE 3: An employee will be deemed to have performed serv~ce or fulfilled his assignment if he is required by the carrier to perform other service in accordance
with rules and practices on the carrier.
(c) This Seotion 2 applies only to regularly assigned yard servioe e~ployees paid on an hourly or daily basis, who are
subject to yard rules and working conditions. Except as provided for in Hote 3 to Section 2(b) above j each of the qualifying days of service provided in paragraph (b of this Section 2 must be
performed in yard service.
(d) Existing weekly or monthly guarantees shal1 be modified
to provide that where a holiday falls on the "Iorkday of the assignment,
payment of a basic day's pay pursu~~t to paragraph (a) of
this Section 2, unless the regularly assigned employee fails to
qualify under paragraph (b) of this Section 2, shall satisfy such
guarantee. Nothing in this Section 2 shall be considered to create
a guarantee where none now exists, or to change or modify rules
or practices dealing with the carrier's ri~ht to annul assignments
on the holidays enumerated in paragraph (al of this Section 2.
(e) That part of all rules, agreements, practices or unde~
standings which require that yard crew assignments or individual assignme~ts for yardmen be worked a stipulated number of days per week or Clonth ,,:il1 not apply to the nine holidays herein referred
to but where such an assignment is not worked on a holiday, the
holiday payment to qualified employees provided by this Section,
will apply.
(f) As used in this Section 2, the terms "workday" and ~. "holiday" refer to the day to which service payments are credited.
(g)
Section 1
:!'Iho .meets
Section 3
on any of
On the effective date of the option adopted pursuant to
of this Article IV, each extra yard service employee, the qualifications provided in paragraph (b) of this
shall receive one basic day's pay at the pro rata rate
the following enumerated holidays":
145 New Year's Day Washington's Birthday Decoration Day Fourth of July
Labor Day ThanksgivinG Day Christmas Day Employe's Birthday Veterans Day (after January 1, 1973)
Only one basic day's pay shall be paid for the holiday irrespective
of the number of shifts worked. If more than one shift
is worked on the holiday the allowance of one basic day's pay shall be at the rate of pay of the first tour of duty worked.
NOTE: When any of the above-listed holidays falls
on Sunday, the day observed by the State or Nation
shall be considered the h~liday.
(h) To qualify, an extra yard service employee must -
(1) perform yard service on the calendar days immediately preceding and immediately follOwing the holiday,
and be available for yard service the full calendar
day on the holiday, or,
(2) be available for yard service on the full calendar
days immediately preceding and immediately following the
holiday and perform yard service on such holiday, or
(3) if such employee cannot qualify under Section 3
(b) (1) or (b)(2), then in order to qualify he must be
available for yard service on the full calendar days immediately preceding and immediately following and the
holiday, or perform yard service on anyone or more of such
days and be so available on the other day or days, and
compensation for yard service paid him by the carrier is
credited on 11 or more of the 30 calendar days immediately preceding the holiday.
NOTE 1: An employee whose service status changes from
an extra yard service employee to a regularly assigned yard service employee or vice versa on one of the
qualifying days shall receive the basic day's pay pro- vided in paragraph (a) of Section 3 provided (1) he
meets the qualifications set forth in paragraph (b) of Section 3 on the day or days he is an extra yard service employee and (2) he meets the qualifications
set forth in paragraph (b) of Section 2 on the day or
days he is a regularly assigned yard service employee, provided further, that a regularly assigned yard service
employee who voluntarily changes his service status to
an extra yard service employee on any of the 3 qualify- ing days shall not be entitled to receive the pay pro- vided for in paragraph (a) of Section 3.
NOTE 2: For the purpose of Section 3, an extra yard service employee will be deemed to be available if he
is ready for yard service and does not layoff of his
own accord, or if he is required by the carrier to . perform other service in accordance ,·lith rules and
practices on the carrier.
l!OTE 3: The term "extra yard service employee" shall
include an extra employee on a common extra list pro- tecting both road and yard service, except that an
employee, while performing road service, shall not be
regarded as being available for yard service, unless
compensation for yard service paid him by the carrier
is credited on 11 or more of the 30 calendar days immediately preceding the holiday.
NOTE It: The term "yard service" as used herein applies only to yard service paid for on an hourly or daily basis and subject to yard rules and working conditions.
(i) As used in this Section 3 the terms "calendar day" and
"holiday" on which yard service is performed refer to the day to
which service payments are credited.
(j) Yard service employees who work on any of the nine
specified holidays shall be paid at the rate of time and one-half
for all services performed on the holiday with a minimum of one
and one-half times the rate for the basic day.
(k) Not more than one tilUe and one-half payment will be
allol'/ed, in addition to the "one basic day's pay at the pro rata
rate", for service performed during a single tour of duty on a
holiday which is also a work day, a vacation day, and/or the E~ployee's Birthday.
(1) When one or more designated holidays fall during the
vacation period of the employee, his qualifying days for. holiday
pay purposes shall be his \>/orkdays immediately preceding and
follol-nng the vacation period.
(m) The eighth paid holiday, the "Birthday Holiday", shall
be applied in the following manner:
(1) The employee must qualify for his birthday holiday in the same manner as. other designated holidays, except that
he will not be required to work or be available for work
on the birthday holiday to qualify for holiday pay if he so
elects by giving reasonable notice to his supervisor of his
intention to be off on the birthday holiday.
147 Item 2S(a) Cont'd
(2) An employee whose birthday falls on February 29,
may, on other than leap years, by giving reasonable notice
to his supervisor, have February 28 or the day immediately
preceding the first day during which he is not scheduled
to work following February 2$ considered as his birthday
for the purposes of this Article. If an employee '. s birthday
falls on one of the eight listed holidays,he may, by giving reasonable notice to his supervisor, have the following
day or the day immediately preceding the first day during which he is not scheduled to work follo~ang such
holiday considered as r~s birthday for the purposes of this
Article.
(n) Nothing in this synthesis shall be considered to change
or modify application of the Vacation Agreement effective July 1,
1949, as amended,and Article 3 (Five-Day work Week) of the agreement
of Nay 25, 1951, as amended.
The following is taken for the January 29, 1975 National
Agreement with the United Transportation Union:
ARTICLE III - HOLIDAYS
Section 1. In 1976, Christmas Eve (the day before Christmas
is observed) will be added to the list of paid holidays for
employees receiving holiday pay. Details of the holiday provi- sion will be agreed upon by the parties by July 1, 1975.
Section 2. The National Carriers' Conference Committee, on
behalf of the carriers party to this Agreement, may exercise a
national option prior to January 1, 1976 to·substitute Good Friday
for' the birthday holiday effective January 1, 1976, for the
employees represented by the United Transportation Union.
148 Item 2S(a) Cont'd
(2) An emplo,'ee whose birthday falls on February 29,
may, on other than leap years, by giving reasonable notice
to his supervisor, have February 28 or the day immediately preceding the first day during which he is not scheduled
to '!'Iork followinb February 28 considered as his birthdav
for the pt.:rposes of this Article. If an employee's birthday
falls on one of the eight listed holidays, he may, by gi ving reasonable notice to his supervisor, have the folio\·;-
ing,day o~ the d'7-Y immediately precedinb the first day dur~ng whl.ch he ~s not scheduled to '\'/Ork following such
holiday considered as r~s birthday for the purposes of t~is
Article.
(n) Nothinb in this syr;thesis shall be considered to c~ar.'7e
or modify application of the Vacation Abreement effective Julv 1
1949, as amended, and Article 3 (Five-Day work \'!eek) of the abree~ ment of j'iay 25, 1951, as amended.
********* ******
The following is taken for the January 29, 1975 National
Agreement with the United Transportation Union:
ARTICLE III - HOLIDAYS
Section 1. In 1976, Christmas Eve (the day before Christmas
is observed) will be added to the list of paid holidays for
employees receiving holiday pay. Details of the holiday provision
will be agreed upon by the parties by July 1, 1975.
Section 2. The National Carriers' Conference Committee, on
behalf of the carriers party to this Agreement, may exercise a
national option prior to January 1, 1976 to substitute Good Friday
for the birthday holiday effective January 1, 1976, for the
employees represented by the United Transportation Union. Item 25(b) NEED TO INSERT FROM 1975 NATIONAL AGREEMENT Implementation of Article III-Holidays- of the Agreement of January 29,
1975 between the participating carriers represented by the National Carriers'
Conference Committee and the employees of such carriers represented by th~
United Transportation Un10n_
IT IS HEREBY AGREED:
Effective January 1, 1976, existing provisions and understanding relating
to holidays for employees represented by the UTU are hereby continued
and/or amended in the following respects:
Section 1 - Good Friday
Good Friday is substituted for the Employee's Birthday as a paid holiday.
All references in existing holiday provisions and understandings to the
£mployeels Birthday, and all special qualifying and other provisions and
understandings which relate to the Employee's Birthday, are eliminated.
Section 2 - Christmas Eve
Christmas Eve (the day bBfore Christmas is observed) is added to the
list of enumerated holidays provided by such provisions and understandings
as amended by Section 1 hereof.
Section 3 - Continuation and Extension of Certain Existing Holiday Provisions
All proviSions and understandings relating to holidays, other than
special qualifying and other provisions and understandings relating to the
Employee's Birthday, applicable as of December 31, 1975 shall continue to
apply effective January 1, 1976, and will be extended effective that date to
apply also to Good Friday (in lieu of the Employee's Birthday) and to
Christmas Eve (the day before Christmas is observed). Good Friday shall
have the same status as other holidays, and except as provided in Section 4
Christmas Eve (the day before Christmas is observed) shall have the same
status as other holidays.
Section 4, - Special Qualifying Provision - Employee Qualifying for Both
Christmas Eve and Christmas Day
An employee who meets all other qualifying requirements will qualify for
holiday pay for both Christmas Eve and Christmas Day if on the "workday" (for
a regularly assigned employee) or the "calendar day" (for an extra or unassigned
employee) immediately preceding the Christmas Eve holiday he fulfills
the qualifying requirements applicable to the "workday" or the ucalendar day"
before the holiday and on the "workday" or the "calendar day", as the case
may be, immediately following the Christmas Day holiday he fulfills the
qualifying requirements applicable to t.he IIworkday" or the "calendar day"
after the holiday.
An employee who does not qualify for holiday pay for both Christmas
Eve and Christmas Day may qualify for either Christmas Eve or Christmas
Day under the provisions applicable to holidays generally.
SIGNED AT WASHINGTON, D. C., THIS 10TH DAY OF NOVEMBER, 1976.
(SIGNATURES NOT REPRODUCED)
Item 26
NOTE: The following is only a partial reproduction of the National Agreement of June 25, 1964. This Agreement made this 25th day of June, 1964, by and between the participating carriers listed in Exhibits A, B and C attached hereto and made a part hereof and represented by the National Railway Labor Conference and the Eastern, Western and Southeastern Carriers' Conference Committees, and the employees of such carriers shown thereon and represented by the Brotherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen, and the Switchmen's Union of North America. IT IS HEREBY AGREED: ARTICLE II - EXPENSES AWAY FROM HOME:
Section 1 - When the carrier ties up a road service crew (except short turnaround passenger crews), or individual members thereof, at a terminal (including tieup points named by assignment bulletins, or presently listed in schedule agreements, or observed by practice, as regular points for tying up crews) other than the designated home terminal of the crew assignment for four (4) hours or more, each member of the crew so tied up shall be provided suitable lodging at the carrier's expense or an equitable allowance in lieu thereof. Suitable lodging or an equitable allowance in lieu thereof shall be worked out on a local basis. The equitable allowance shall be provided only if it is not reasonably possible to provide lodging. If an allowance is being made in lieu of lodging as well as other considerations under provisions of existing agreements, the amount attributed only to lodging shall be removed if suitable lodging is supplied, or offset against an equivalent allowance. This shall be worked out on a local basis. The provisions of this Section shall be made effective at a date no later than 30 days following the effective date of this Agreement. Section 2 - When the carrier ties up a road service crew (except short turnaround passenger crews), or individual members thereof, at a terminal (as defined in Section 1 of this Article II) other than the designated home terminal for four (4) hours or more, each member of the crew so tied up shall receive a meal allowance of $1.50. NOTE : For the purposes of Sections 1 and 2 of this Article II, extra board employees shall be provided with lodgings and meal allowance in accordance with the rule governing the granting of such allowance to the crew they join; that is, the designated home terminal will be the designated terminal of the crew assignment. ARTICLE III - SELF-PROPELLED MACHINES: Section 1 - The following shall govern the manning of self-propelled vehicles or machines by train service employees (conductors and brakemen) used in the maintenance, repair; construction or inspection work: (a) Road Service - A conductor will be employed on on-rail self-propelled vehicles or machines when operating in main line territory, provided such machines are equipped with a drawbar and are operating under train orders. NOTE 1: Self-propelled machines for the purpose of this Article means such equipment operated on rails. NOTE 2: Drawbar means a device capable of being used in moving standard freight cars. NOTE 3: Main-line territory means main line and branch lines in Road Territory outside of Switching limits but not spurs or the like. NOTE 4: Train orders is used in the vernacular of train men as defined in the Operating Book of Rules. (b) Yard Service - A yard conductor (foreman) will be employed on on-rail self-propelled vehicles or machines operating within general switching limits provided such machines have sufficient power to move freight cars; and, if more than two cars are handled at any one time a yard brakeman (helper) will also be employed. This provision will not apply to the operation of self-propelled vehicles or machines in confined areas such as shop tracks, supply areas, tie yards and so forth, except that with respect to such self-propelled machines now working in the confined areas where rules or practices require the employment of a yard ground man, such rules and practices are preserved and the yard conductor's (foreman's) rate will apply to this service. Section 2 - Rules or practices under which a locomotive engineer, or fireman where presently required, is employed on on-rail self-propelled vehicles or machines for the purpose of operating the machine in the performance of all the work for which such machines are designed are retained. Section 3 - Except under the conditions herein specifically prescribed, operating employees need not be used on self-propelled vehicles or machines. It should be noted in addition that this Agreement does not alter any existing rules or practices except as specifically stated herein. Section 4 - Every employee deprived of employment as the immediate and proximate application of this rule, shall be entitled to the schedule of allowances set forth in Section 7(a) of the Washington Agreement of May 21, 1936; or to the option of choosing the lump sum separation allowance set forth in Section 9 of said Agreement. In addition to the foregoing, employees who do not elect to accept the lump-sum separation allowance set forth in Section 9 of said Agreement, if qualified, may elect within one year from the date of their furlough to prepare themselves for some other occupation for which training is available (of the type approved by the Veterans Administration under the Veterans' Readjustment Assistance Act of 1952), with the carrier paying 75 per cent of the tuition costs of such training for a period not exceeding two years. Whenever and to the extent that the United States Government makes provisions for retraining out of public funds, the obligation of the carrier shall be reduced correspondingly. Those employees who elect to accept the lump-sum separation allowance set forth in Section 9 of the Washington Agreement of May 21, 1936 will not be entitled to retraining benefits. Section 5 - Nothing contained in this Article III shall be construed to require the employment of engine and train service employees where not now required. ARTICLE IV – NOT REPRODUCED IN THIS ITEM 26 ARTICLE V - COMBINATION ROAD-YARD: The last yard crew assignment in a yard, or on a shift where more than one yard assignment is employed, may be discontinued under the following conditions: (Yard as used herein is defined to mean a common terminal point where a seniority roster for yard ground men is maintained.) 1. In the case of the last yard crew assignment in a yard, such assignment may be discontinued if a joint study indicates that the average time consumed in switching is less than four hours within a spread of ten hours for ten consecutive working days. The ten hours referred to will begin concurrently with the starting time of the particular yard crew assignment. If switching increases to the point where there is an average of more than four hours of such work within any spread of the same ten hours for ten consecutive working days, as previously assigned, the yard crew assignment will be restored. In the case of a yard crew assignment on a particular shift (in yards where more than one yard crew is operated), such yard crew assignment may be discontinued if a joint study indicates that there is an average of less than four hours switching within the spread of 12 hours for ten consecutive working days, this spread to begin at the starting time of the yard crew assignment which the carrier seeks to discontinue. In computing the time engaged in switching only the time consumed by the yard engine the carrier seeks to discontinue will be considered, subject to the provisions of section 10 hereof. The same formula will be adhered to in the restoration of the discontinued assignment, using the second twelve-hour period as set forth in section 5. NOTE: The studies referred to in this Section 1 shall be conducted in the following manner: Where a carrier proposes to discontinue the last yard crew assignment in a yard or on a shift where more than one yard assignment is employed, it shall give ten (10) days' written notice of the proposed discontinuance to the representatives of the employees involved, advising the names of the carrier's officials who are designated as its representatives for the purpose of the study, and the date on which the study will begin. At anytime prior to the date the study is to begin, the representatives of the employees involved shall advise the carrier of the names of their representatives for the purpose of the study. If such representatives are not so named, or fail to participate, the study may be conducted by the representatives of the carrier. In either event, the result of the study shall be binding on the parties for the purpose of this rule. The same procedure will be adhered to in conducting studies proposed by the representatives of the employees for the restoration of assignments that have been discontinued under the provisions of this Section 1. 2. The provisions of section 1 hereof are not intended to impose restrictions in regard to discontinuing yard crew assignments where restrictions do not now exist. 3. Road crews may perform any yard service at yards where yard crews are not employed. 4. Road crews may continue to perform any yard service now permitted, without additional payments, if such payments are not now required. 5. At points where a yard crew or yard crews are employed the starting time of the first yard crew assignment shall begin a twelve-hour period (herein called the first twelve-hour period) within which road crews may not perform yard service not permitted on the day immediately preceding the effective date of this agreement. Road crews may be required to perform any yard service during a second twelve-hour period beginning at the expiration of the first twelve-hour period provided yard crew assignments are not assigned to start or terminate during such second twelve-hour period. 6. No change in work permitted or compensation paid to combination assignments, such as Mine Run, Tabulated assignments, etc. 7. Switching service in yards by road crews when yard crew is not on duty, as a result of the discontinuance of yard crew assignment pursuant to section 1 hereof, shall be paid for on the minute basis, with a minimum of 1 hour at appropriate yard rates. 8. If overtime accrues under applicable road overtime rules during the period switching is being performed, such overtime payments will be made in addition to the payments required under section 7 hereof. 9. Initial and final terminal delay rules shall not be disturbed by this agreement except that when road crews perform yard service for which they are compensated under the provisions of section 7 hereof during a period to which initial terminal delay or final terminal delay rules are otherwise applicable, such road crews will be paid either terminal delay or switching, whichever will produce the greater amount of compensation. 10. The yard switching work for which compensation is previously allowed to road crews for that specific yard work and yard switching work by road crews which required penalty payments to yard crews will be considered switching for the purpose of section 1 of this Article. 11. Every employee deprived of employment as the immediate and proximate application of this rule, shall be entitled to the schedule of allowances set forth in Section 7(a) of the Washington Agreement of May 21, 1936; or to the option of choosing the lump-sum separation allowance set forth in Section 9 of said Agreement. In addition to the foregoing, employees who do not elect to accept the lump-sum separation allowance set forth in Section 9 of said Agreement, if qualified, may elect within one year from the date of their furlough to prepare themselves for some other occupation for which training is available (of the type approved by the Veterans Administration under the Veterans' Readjustment Assistance Act of 1952), with the carrier paying 75 per cent of the tuition costs of such training for a period not exceeding two years. Whenever and to the extent that the United States Government makes provisions for retraining out of public funds, the obligation of the carrier shall be reduced correspondingly. Those employees who elect to accept the lump-sum separation allowance set forth in Section 9 of the Washington Agreement of May 21, 1936 will not be entitled to retraining benefits. ARTICLE VI – NOT REPRODUCED FOR THIS ITEM 26 ARTICLE VII - SETTLEMENT OF DISPUTES: Any disputes involving the interpretation or application of this Agreement shall be settled by the parties in accordance with the established procedures therefor, including the creation of Special Boards of Adjustment and other procedures of Section 3 of the Railway Labor Act. ARTICLE VIII - EFFECT OF THIS AGREEMENT: This agreement shall become effective upon ratification by all of the organizations signatory hereto except that upon such ratification the adjustments in rates of pay provided by Article IV shall be effective as of May 7, 1964, and the requirements of Section 1 of Article II with respect to the furnishing of suitable lodging or an equitable allowance in lieu thereof shall be made effective at a date no later than 30 days following such ratification. This agreement is in settlement of the dispute growing out of notices served by the carriers listed in Exhibits A, B, and C on or about November 2, 1959, and by the organizations signatory hereto on September 7, 1960, as implemented by notices of April 6, 1961, not including issues disposed of by the Award of Arbitration Board No. 282, and shall remain in effect until changed or modified in accordance with the provisions of the Railway Labor Act, as amended, except that rates for miles in excess of those comprising the basic day shall remain unchanged until January 1, 1968. This agreement shall be construed as a separate agreement by and on behalf of each carrier party hereto and those employees represented respectively by the Brotherhood of Locomotive Enginers, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen, and the Switchmen's Union of North America, as heretofore stated; and shall remain in effect until changed or motified in accordance with the provisions of the Railway Labor Act, as amended.
Item 27 NEED TO INSERT FROM 1972 NATIONAL AGREEMENT, ARTICLES V THROUGH XIII
NOTE: The following is only a partial reproduction of the National Agreement of January 27, 1972.
THIS AGREEJ.!ENT, made this 27th day of January 1972, by and between the participating carriers listed in Exhibit A, attached hereto and made a part hereof, and represented by
the National Carriers' Conference Committee, and the employees of such carriers shown thereon and represented by the United
Transportation Union, witnesseth:
IT IS HEREBY AGREED:
ARTICLE V - JURY DUTY
When an employee is summoned for jury duty and is required
to lose time £rom his assignment as a result thereo£, he shall
be paid £or actual time lost with a maximum o£ a basic day's
pay at the straight time rate of his position £or each calendar
day lost less the amount allowed him for jury service for each
such day, excepting allowances paid by the court for meals, lodging or transportation, subject to the £ollowing qualification requirements and limitations.
(1)
() )
An employee must exercise any right to
secure exemption from the summons and/or
jury service under federal, state or
municipal statute and will be excused from
duty when necessary without loss of pay to
apply for the exemption.
An employee must furnish the carrier with
a statement from the court of jury allowances
paid and the days on which jury duty was
performed.
The number of days for which jury duty pay shall be paid is limited to a maximum of
60 days in any calendar year •
. No jury duty pay will be allowed for any day as to which the employee is entitled
to vacation or holiday pay.
This rule shall become e££ective January 1, 1973.
:,RTICL" VI - SI':ITCHING LIIUTS
Existing agreements are amended to read as follows:
The eI:lployees involved, and the carriers represent'ed by the
National Carriers' Conference Committee, being desirous of coope~atin£ in order to meet conditions on the various properties
to the end that efficient and adequate s\dtching service may be
provided and industrial development facilitated, adopt the following: Section 1. Except as provided in Section 2 hereof, where an
individual carrier not now having the right to change existing switching limits where yard crews are employed, considers it
advisable to chan~e the same, it shall give notice in writing
to the General Chairman or General Chairmen of such intention, whereupon the carrier and the General Chairman or General Chairmen
shall, within 30 days, endeavor to negotiate an understanding.
In the event the carrier and the General Chairman or General
Chairmen cannot agree on the matter, the dispute shall be submitted
to arbitration as provided for in the Railway Labor Act,
as amended, within 60 days following date of last conference.
The decision of the Arbitration Board will be made within 30
days thereafter. The award of the Board shall be final and binding
on the parties and shall become effective thereafter upon seven
days' notice by the carrier.
Section 2. Where, after the effective dates of the 1951 and 1952
Agreements, an industry locates outside of switching limits at
points where yard crews are employed, the carrier may provide switching service to such industries with yardmen without
additional compensation or penalties therefor to yard or road men,
provided the switches governing movements from the main track
to the track or tracks serving such industries are located at a
point not to exceed four miles from the switching limits in effect
as of the date of this Agreement. Other industries located
between such switching limits and such new industries may also
be served by yardmen without additional compensation or penalties therefor to road or yard men. \-lhere rules required that yard limits
and switching limits be the same, the yard limit board may be
moved for operating purposes but switching limits shall remain
unchanged unless and until chan~ed in accordance with rules
governing changes in s~dtching limits.
The yard conductor (foreman) or yard conductors (foremen) involved shall keep account of and report to the carrier daily
on form provided the actual time consumed by the yard crew or
crews outside of the switching limits in serving the industry in
accordance with this Section 2 and a statement of such time shall
be furnished the General Chairman or General Chairmen representing yard and road crews by the carrier each month. Unless some other
plan for equalization of time is agreed to by the General Chairman
or General Chairmen representing yard and road crews, the carrier
shall periodically advertise to road service employees tne oppor- tunity to work in yard service, under yard rules and conditions,
on assignments as may be mutually agreed upon by the local
representatives of the employees involved, for a period of time
sufficient to offset the time so consumed by yard crews outside
the switching limits. In the event such local representatives fail to agree, the carrier will designate such assignments but
shall not be subject to penalty claims because of doing so. Such
equalization of time shall be apportioned among employees holding seniority as road conductors or road brakemen in the same ratio
as the accumulated hours of yard conductors (foremen) and yard brakemen (helpers). In the event no road employee elects to bid
on the accumulated equalizing hours within the bulletined period such accumulation of equalizing hours will be considered forfeited
and a new accumulating period shall commence.
Section 3. This Agreement shall in no way affect the changing of
yard or switching limits at points where no yard crews are employ- ed.
Section 4. The foregoing is not intended to amend or change existing agreements involving predominantly full-time switching service performed solely by road crews at industrial parks located within the 4-mile limit referred to in Section 2 hereof
that have been negotiated on individual properties since the
National Agreements of 1951 and 1952. - -- This rule shall become effective 15 days after the date of
this Agreement except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representatives on or before such effective date.
ARTICLE VII - INTERCHANGE
Section 1. At points where yard crews are employed, road freight
crews may be required to receive their over-the-road trains
from a connecting carrier or deliver their over-the-road trains
to a connecting carrier provided such trains are solid trains
which move from one carrier to another intact with or without
motive power and/or caboose.
Section 2. If road crews referred to in Section 1 of this
Article VII are not required to return or deliver their motive
power and/or their cabooses to or from their on or off duty points an alternate means of transportation will be provided.
Section ~. At designated interchange points, if a carrier does
not now ave the right to specify additional interchange tracks
it may specify such additional track or tracks as the carrier
deems necessary providing such additional track or tracks are
in close proximity. Bulletins specifying additional tracks will
be furnished the General Chairman or General' Chairmen involved
prior to the effective date.
Section 4. If the number of cars being delivered to or received
from interchange tracks of a connecting carrier exceeds the
capacity of the first track used, it will not be necessary that
any one interchan~e track be filled to capacity before use is
made of an additional track or tracks provided, however, the
minimum number of tracks necessary to hold the interchange ~;ill
be used.
Section 5. Crews used in interchange service may be required to
handle interchanf,e to and from a·foreign carrier without being required to run 'light" in either direction. .
Work equities between carriers previously established by
agreement, decision or practice will be maintained ~d th the
understanding that such equity arrangements will not prevent carriers from requiring crews to handle cars in both directions
when making interchange movements. Where carriers not now using yard and transfer crews to transfer cars in both directions
desire to do so, they may commence such service and notify the
General Committees of the railroad involved thereof to provide
an opportunity to the General Committees to resolve any work
equities between the employees of the carriers involved.
Resolution of work equities shall not interfere ~lith the operations
of the carriers or create additional expense to the carriers. It
is agreed, however, that the carriers will cooperate in providing the committees involved with data and other information that ~1i1l
assist in res~~ution of work equities.
Section 6. The foregoing provisions are not intended to impose restrictions with respect to interchange operation where restrictions
did not ex:!.st prior to the date of this Agreement.
This rule shall become effective 15 days after the date of
this Agreement except on such carriers as may elect to preserve existing rules or practices and so notify the authorized employee representatives on or before such effective date.
ARTICLE VIII - USE OF COl'lNurHCt,TIO~ SYSTEi\!S
Section 1. It is recognized that the use of communication
systems including the use of and the carrying of portable radios,
pursuant to operating rules of the individual carriers, is a
part of the duties of employees covered by this Agreement. Existing
rules to the contrary are hereby eliminated.
Section 2. On roads where rules now exist which provide for the
payment of arbitraries to employees for the carrying and/or use
of radio equipment, such arbitraries will be eliminated effective
January 1, 1973.
Section 3. Portable radios hereafter purchased for the use of
and carried by ground service employees in yard and transfer
service will not exceed three pounds in weight and will be
equipped with a suitable holder which will fircly hold the
radio close to the body, or will be of such size as to permit being placed in coat or trouser pockets. Portable radios used
by ground service employees in yard and transfer service which
do not meet the foregoing specifications will be replaced by December 31, 1973 or their use discontinued.
Section 4. The size and weight of portable radios used by ground service employees in road service will not exceed that presently in use and portable radios hereafter purchased for use in this
class of service will be of the minimum size and weight necessary
to insure safe and adequate communication. This is not intended
to require the purchase of radios weighing less than three pounds.
Section 5. Employees will not be held responsible for accidents
caused by failure of radio equipment to properly function.
Section 6. At locations where radio is used sufficient frequency channels will be utilized to provide safe communication.
ARTICLE IX - ROAD-YARD NOm·IENTS
Section 1. Road freight crews may be required at any point where
yard crews are employed to do any of the following as part of the
road trip, paid for as such without any additional compensation and without penalty pa)'l:lents to yard crews, hostlers, etc.: One
straight pick up at ~,other yard in the initial terminal (in addition to picking up train) and one straight set out at another
yard in the final terminal (in addition to yarding the train); pick up and/or set out at each intermediate point between terminals; . switch out defective cars from their own trains regardless of when ~ discovered; handle engines to and from train to ready track and . engine house including all units coupled and connected in multiple; pick up and set out cars of their trains from· or to the minimum
number of tracks which could hold the car~provided, however, that
where it is necessary to use t\'IO or more tracks to hold the train
it is not required that any track be filled to capacity; and
exchange engine of its own train.
Section 2. The foregoing is not intended to impose restrictions
with respect to any operation where restrictions did not exist
prior to the date of this Agreement. There \,Iill be no change in
work permitted or compensation paid to combination assignments, such as mine runs, tabulated assignments, etc.
-- - This rule shall become effective 15 days after the date of
this Agreement except on such carriers as may elect to preserve existing rules or practices and so notify the authorized
.• employee·representatives on or before such effective date.
ARTICLE X - COMBINING ROAD AND YARD sm,IORITY
Seniority rosters of trainmen and yardmen shall be combined
on a topped and bottomed basis. V,bere two or more existing yard seniority rosters are to be combined with an existing road
seniority roster such yard rosters will be dovetailed with yardmen maintaining prior rights in their respective yards prior to
being topped and bottomed with the road roster. All men on the
combined seniority rosters shall have rights to both road and
yard assigr~ents. Existing road service men shall have prior rights to road assignments and existing yard service men shall
have prior rights to yard service assignments.
All employees hired after the date of the combination of the
seniority rosters shall establish joint road and yard seniority.
ARTICLE XI - EXPENSES AVIAY FRCl4 HOME
Section 1. Effective on the date of this Agreement, Article II
(Expenses Away From Home) of the June 25, 1964 Agreement is
amended to cover men in train, engine or yard service called
from the extra board or used in the capacity of an extra man to
fill vacancies at outlying points subject to the following additional conditions:
(a) The outlying point must be 30 miles or more from
the .. terminal limits of the location where the extra
list from which called is maintained.
Lodging or allowances in lieu thereof where applicable ,.,ill be provided only when extra men are held at the
outlying point for more than one tour of duty and will
continue to be provided for the periods held for each
subsequent tour of duty.
Section 2. Effective 15 days after the date of this Agreement the meal allowance provided for in Article II, Sectior. 2 of the
June 25, 1964 National Agreement is increased from $1.50 to $2.00, and an additional $2.00 meal allowance will be provided after
being held an additional g hours.
ARTICLE XIII - PROTECTION OF E1·iPLOYES
The scope and purpose of this Article XIII are to provide,
to the extent specified herein, for fair and equitable'arrangements
to protect the interests of certain of the carriers'
employees represented by the United Transportation Union who ere
adversely affected by the application of Article. VII - Interchange,
Article II - Road-Yard Movements, and Article III - Interdivisional
Service of this Agreement; therefore, fluctuations and changes in
volume or character of employment brought about by other causes
are not within the purview of this Article •.
Section 1. Definitions.
Wherever used in this Article, unless the context ~equires
otherwise:
(a) "Implementation" means the application and implementa- tion of the provisions of Article VII - Interchange, Article IX - Road-Yard Movements, or Article XII - Interdivisional Service of this Agreement.
(b) "Displaced Employee" means a carrier employee represent- ed by the L7U who as a result of an Implementation is
placed in a worse position with respect to his compensa- tion.
(c) "Dismissed Employee" means a carrier employee represent- ed by the UTU who as a result of an Implementation is
deprived of employment with the carrier because of the
abolition of his position or the loss thereof as the
result of the exercise of seniority rights by an
employee whose position is abolished as a result of
an Implementation.
(d) "Protective Period" for employees covered by Section 2(a) of this Article means that period of time during which
a Displaced or Dismissed Employee is to be provided protection hereunder. The Protective Period for such
employee shall extend from the date he is displaced or
dismissed for a period of time equal to the length of
time which such employee has seniority in the craft or
class at the time he is adversely affected. In no
event, however, will the Protective Period extend beyond the employee's 65th birthday. Where an employee holds
seniority as a conductor and brakeman or yardman or
as an engineer and fireman, the earlier seniority date
shall govern. In the event such a Displaced Employee elects to remain in the carrier's service after the
first day of the month following the month he attains
age 65, he will no longer receive any of the protective benefits of this Article XIII and the carrier may terminate on the same seniority district the protective benefits then being provided the junior Dismissed or
Displaced Employee receiving protection under this
Article on such seniority district on a one-for-one
basis. .
(e) "Protective Period" for employee·s covered by Section 2(b) of this Article means the six-year period of time from
the date such employee is dismissed but not to exceed
the length of time which such employee has seniority in the craft or class at the time he is dismissed. Where
an employee holds seniority as a conductor and brakeman
or yardman or as an engineer and fireman, the earlier
seniority date shall govern.
163 I tern 27 Con t ' d
Section 2. Coverage.
(a) Subject to the other provisions of this ~rticle, the
protective benefits of Sections 3, 4, 5 and 6 of this Article
XIII apply to: .
(1) Employees adversely affected directly or
indirectly by an Implementation of Article
XII - Interdivisional Service.
(2) Regularly assigned employees assigned to yard
crews that regularly spend more than 50 percent of their time in interchange work who are
adversely affected as a result of an Implementa- tion of the reciprocal interchange provisions of
Section 5 of Article VII - Interchange. (Such employ.ees will be determined by a joint check
based upon the work performance of the involved
yard crews for the 30 working days prior to the
Implementation.)
(3) Regularly assigned employees assigned to interchange
or transfer crews adversely affected by the interchange of solid trains provision under
Section 1 of Article VII - Interchange.
(4) Employees of Terminal Companies adversely affected
either directly or indirectly by the interchange of solid trains provision under Section 1 of
Article VII - Interchange.
(b) Subject to the other provisions of this Article, the
protective benefits provided in Sections 4 and 5 of this Article
XIII will be accorded to any employee of the carrier adversely affected by Article VII - Interchange, other than those covered
by subparagraphs (2) and (3) of Section 2{a) of this Article XIII,
or Article IX - Road-Yard Movements.
(c) The protectiVe provisions of this Section as applied
to Terminal Company employees will include, in addition to the
above, the exercise of seniority and acceptance of employment
on the involved line-haul carriers, engine ser\~ce employees being required to accept engine service employment and ground service employees being required to accept ground service
employment. The involved line-haul carriers will make appropriate
arrangements in connection with subparagraph (a)(4) of this
Section and the foregoing. .
Section 3. Dis1:llacement Allo.lance.
(a) So long during his Protective P~riod after a Displ~ced
Employee's displacecent as he is unable, ~n the normal exerc~se
of his seniority rights under existing agreements, rules and
practices, to obtain a position produ7ing 7ompensati~n.equal to
or exceeding the compensation he rece~ved ~n the pos~t~on froQ which he was displaced, he shall be paid a monthly displacement allowance equal to the difference between the monthly compensation received by him in the position in which he is retained and the
average monthly compensation received by him in the position froQ
which he ~Ias displaced.
(b) Each Displaced fuployee' s displacement allo,~ance shall
be determined by dividing separately by 12 the total compensation received ~y the employee and the total time for which he was
paid during the last 12 months in which he performed service
immediately preceding the date of his displacement as a result of
the Implementation (thereby producing average monthly compensation and average monthly time oaid for in the test period). Both the
above htotal compensation 11 and the htotal time for which he .Ias
paid" shall be adjusted to reflect the reduction on an annual
basis, if any, which would have occurred during the specified twelve month period had Public Law 91-169, amending the Hours
of Service Act of 1907, been in effect throughout sucb period (Le., 14 hours licit for any allowance paid during the period between December 26, 1970 and December 25, 1972 and 12 hours limit
for any allowances paid thereafter). Such allowance shall also
be adjusted to reflect subsequent general wage increas~s. In
the event a Displaced Employee shall have less than 12 months of
service his total compensation and total time paid for shall be
divided by the number of months in which he perfo~ed service.
(c) If a Displaced Employee's compensation in his retained
position in any month is less in any month in which he performs work than the aforesaid average compensation (adjusted to reflect
subsequent general wage increases) to which he would have been
entitled, he shall be paid the difference, less compensation for
time lost on account of his voluntary absences to the extent that
he is not available for service equivalent to his average monthly time during the test period but if in his retailled position he
works in any month in excess of the aforesaid average mor.thly time paid for during the test period he shall be additionally compensated for such excess time at the rate of pay of the retained
position.
(d) If a Displaced Fmployee fails to exercise his seniority rights to secure another po~ition available to him which does not
require a change in his place of residence, to \olhich he is
entitled under the Scbedule Agreement and which carries a rate
of pay and compensation exceeding those of the position which he _ elect7 to re~ain, he shall thereafte~ ~e treated for the purposes of this sect~on as occupying the pos1t10n he elects to decline.
(e) The displacement allowance shall cease prior to the
expiration of the Protective Period in the event of the Displaced Employee's resignation, death, retirement or dismissal for
justifiable cause.
Section 4. Dismissal Allowances.
(a) A Dismissed Employee shall be paid a monthly dismissal
allowance, fron: the date he is deprived of employment and continuing during his protective period, equivalent to one-twelfth of the
compensation received by him in the last 12 months of his employment
in l-Ihich he earned compensation prior to the date he is first
deprived of employment as a result of the transaction. Such
allowance shall be adjusted to reflect on an annual basis the
reduction, if any, which would have occurred during the specified twelve month period had Public Law 91-169, amending the Hours of
Service Act of 1907, been in effect throughout such period (i.e.,
14 hours limit for any allo\,lance paid during the period between
December 26, 1970 and December 25, 1972 and 12 hours limit for any allowance paid thereafter). Such allowance shall also be adjusted
to reflect subsequent general wage increases. In the event a
Dismissed Employee shall have less than 12 months of service
his total compensation and total time paid for shall be divided
by the number of months in which he performed service.
(b) The dismissal allowance of any Dismissed Employee who
returns to service with the carrier shall cease while he is so
reemployed. During the time of such reemployment, he shall be
entitled to protection in accordance with the provisions of
Section 3.
(c) The dismissal allowance of any Dismissed Employee shall
be reduced to the extent that his combined monthly earnings in
other employment, any benefits received under any unemployment insurance law, and his dismissal allowance exceed the amount upon which his dismissal allowance is based. Such employee, or his
representative, and the carrier shall agree upon a procedure by
which Railroad shall be currently informed of the earnings of
such employee in employment other than with the carrier, and the
benefits received.
Cd) The dismissal allowance shall cease prior to the
expiration of the protective period in the event of the employee's resignation, death, retirement, dismissal for justifiable cause
under existing agreements, failure to return to service after
being notified in accordance with the loIorking agreement, or
failure without good cause to accept a comparable position loIhich
does not require a change in his place of residence ·for which he
is qualified and eligible loIith the carrier i'rom loIhich he loIas
dismissed after being notified.
Sectia~-2. Separation Allowance. A Dismissed Employee entitled
to protection under this Article, may, at his option within 7 daJ's
of his dismissal, resign and (in lieu of all other benefits and
protections provided in this Article) accept a 1ucp sum paynent computed in accordance with Section 9 of the Washington Job Protection
Agreement of I,jay, 1936.
Section 6. Fri~e Benefits. No employee of a carrier who is
affected by anp1ementation shall be deprived during his Protective
Period of benefits attached to his previous employment, such as free transportation, hospitalization, pensions, relief,
et cetera, under the same conditions and so long as such benefits
continue to be accorded to other employees of the carrier, in
active service or on furlough as the case may be, to the extent
that such benefits can be so maintained under present authority of
law or corporate action or through future authorization which may be obtained.
Section 7. Seasonal Fluctuations and Declines in Business.
(a) In the event of a decline in a carrier's business
measured by the net revenue ton-miles in any 30-day period compared with the net revenue ton-miles for the corresponding period in the
preceding calendar year, the number of employees who are receiving dismissal or displacement allowances may be reduced at any time
during the said payroll period to the extent of one percent for
each one percent decline. Such reductions in protected employees shall be made in inverse seniority order. Upon restoration of
a carrier's volume of net revenue ton-miles employees must be
returned to their protective status to the extent of one percent for each one percent rise in net revenue ton-miles. In the case
of Terminal Companies, the decline in business shall be measured
by the total number of loaded and empty cars received from and
delivered to connecting carriers, including the number of loaded
and empty cars handled in solid interchange trains, in any 30-day period compared \'Ii th the volume of such interchange in
the corresponding period in the preceding calendar year.
(b) In the event that an employee receiving a displacement allowance is subsequently placed in a worse position by reason of
a seasonal fluctuation or a decline in business, so long as he
continues in such position for that reason the amount paid him as
his displacement allowance shall continue unchanged.
(c) In the event that a Displaced Employee is deprived of
employment with the carrier as the result of a seasonal fluctuation
or a decline in business, his dismissal allowance shall be
the amount which was being paid him as his displacement allowance.
An employee other than a Displaced Employee who is deprived of
employment as the result of a seasonal fluctuation or a decline
in business shall not be paid any protective benefits under this
Ani ~lp. XIII.
Section 8. Arbitration of Disputes.
(a) In the event the carrier and the UTU are unable to
settle any dispute or controversy with respect to the interpre- tation, application or enforcement of any provision of this
Article within 20 days after the dispute arises, it may be referred
by either party to an arbitration committee. Upon notice-in
writing served by one party on the other of intent by that party
to refer a dispute or co~troversy to an arbitration committee, each party shall, within 10 days, select one member of the committee
and the members thus chosen shall select a neutral member who shall
serve as chairman. If any party fails to select its member of
the arbitration committee within the prescribed time limit, the
general chairman of the UTU or the highest officer designated by the carrier, as the case may be, shall be deemed the selected
member, and the committee shall then function and its decision
shall have the same force and effect as though all parties had
selected their members. Should the members be unable to agree
upon the appointment of the neutral member within 10 days, the
parties shall then within an additional 10 days endeavor to agree
upon a method by which a neutral member shall be appointed, and,
failing such agreement, either party may request the National
Mediation Board to designate within 10 days the neutral member
whose designation will be binding upon the parties.
(b) The decision, by majority vote, of the arbitration
committee shall be final, binding, and conclusive and shall be
rendered within 45 days after the hearing of the dispute or
controversy has been concluded and the record closed.
(c)
be borne
expenses
The salaries and expenses of the neutral member shall
equally by the parties to the proceeding and all other
shall be paid by the party incurring them.
(d) In the event of any dispute as to whether or not a
particular employee was adversely affected by an Implementation, it shall be his obligation to identify the adverse effect and
specify the pertinent facts relied upon. If the facts so stated
are sufficient to support a finding that the employee was so
adversely affected by an Implementation, it shall then be the
Railroad's burden to disprove those facts or prove that other
factors affected the employee.
Section 9. Any Displaced Employee required to change his
residence because of the Implementation of Article XII - Interdivisional
Service shall receive the benefits contained in Sections
10 and 11 of the Washington Job Protection Agreement except that
he will be allowed 5 working days instead of "two working days"
as provided in Section 10 of said Agreement, and in addition to
such benefits shall receive a transfer allowance of $400.00. The
National Mediation Board is substituted for the Interstate
Commerce Commission in Section ll(d) of said Aireement. Change of residence shall noT, be considered "required if the reporting .point to which the employee is changed is not more than 30 miles
from his former reporting point.
Section 10. If any protective benefits greater than those pro- vided in this Article are available under existing agreements,
such greater benefits shall apply subject to the terms, conditions,
responsibilities and obligations of both the carrier and employee
under such agreements, in lieu of the benefits provided in this
Article. There shall be no duplication or pyramiding of benefits
to any employees.
SIGNED AT WASHINGTOIl, D. C., THIS 27TH DAY OF JAllUARY, 1972.
Signatures not reproduced.
Item 28 NEED TO INSERT FROM 1978 NATIONAL AGREEMENT, ARTICLES VI, IX, X, XI
NOTE: The following is only a
partial reproduction of
the August 25, 1978
National Agreement
ARTICLE VI - EXPENSES AWAY FRON HONE
Effective October 1, 1978, the meal allowance
provided for in Article II, Section 2, of the June 25, 196'
National Agreement, as amended, by Article XI, Section 2,
of the January 27, 1972 National Agreement, is increased
frOm $2.00 to $2.75.
ARTICLE IX - ENTRY RATES
Section 1 - Service First 12-Nonths
Employees entering servic~ on and after the effective
date of this Article shall be paid as follows for all service
performed within the first twelve (12) calendar months of
service when working in a capacity other than conductor
(foreman), footboard yardmaster, yardmaster, car retarder
operator or engineer:
(a) For the first twelve (12) calendar months of
employment, new employees shall be paid 90% of the applicable
rates of pay (including COLA) for the class and craft in
which service is rendered, exclusive of arbitraries and/or
special allowances which shall be paid at the full amount.
(b) Employees who have had an employment relationship
with the carrier and are rehired will be paid at established
rate after completion of a total of twelve (12) months'
combined service.
(c)
fireman craft
of a total of
crafts.
Train service employees who transfer to the
will be paid at established rates after completion
twelve (12) months' combined service, in both
(d) Any calendar month in which an employee does
not render compensated service due to voluntary absence,
suspension, or dismissal shall not count toward completion
of the twelve (12) month period.
Section 2 - Preservation of Lower Rates
Agreements which provide for training or entry
rates that are lower than those provided for in Section 1
are preserved. If such agreements provide for payment at
the lower rate for less than the first twelve (12) months of
actual service, section 1 of this Article will be applicable
during any portion of that peri~d in which such lower rate
is not applicable.
170 "
Item 28 Cont'd
This Article shall become effective fifteen (IS)
days after the date of this Agreement except on such carriers
as may elect to preserve existing rules or practices and so
notify the authorized employee representative on or before
su'ch effective date.
ARTICLE X - ROAD-YARD MOVENENTS
Article IX, Section I of the Agreement of January
27, 1972 is amended to read as follows:
Section 1 - Road freight crews may be required at any point
where yard crews are employed to do any of the following as
part of the road trip, paid for as such without any additional
compensation and without penalty payments to yard crews,
hostlers, etc: one straight pick up at another location in
the initial terminal (in addition to picking up train) and
one straight set out at another location in the final terminal
(in addition to yarding the train); one straight pick up
and/or set out at each intermediate point between terminals;
switch out defective cars from their own trains regardless
of when discovered; handle engines to and from train to
ready track and engine house including all units coupled to
the operating unit (units); pick up and set out cars of
their trains from or to the minimum number of tracks which
could hold the cars provided, however, that where it is
necessary to use two or more tracks to hold the train it is
not required that any track be filled to capacity; and
exchange engine of its own train.
Nothing in this Section 1 is intended to impose
restrictions with respect to any operation where restrictions
did not exist prior to the date of this agreement.
This Article shall become effective fifteen (lS)
days after the date of this Agreement.
ARTICLE XI - COMBINATION ROAD-YARD SERVICE ZONES
Section I - At points where yard crews are employed, combination
road-yard service zones may be established within
which yard crews may be used to perform specified service
outside of switching limits under the following conditions:
(a) Road-Yard Service Zones for industrial switching
purposes are limited to a distance not to exceed ten (10)
miles, or the entrance switch to the last industry, whichever
is the lesser. The distances referred to herein are to be
computed from the switching limits existing on the date of
this agreement, except where the parties on individual
properties may agree otherwise.
(b) Within Road-Yard Service Zones, yard crews
may be used only to meet customer service requirements for
the delivery, switching, or pick up of cars which were not
available or ready for handling by the road crew or crews
normally performing the service or which are required to be
expedited for movement into the yard before arrival of said'
road crew or crews. Yard crews may be used to perform such
service without any additional compensation and without
penalty payments to road crews.
NOTE: The use of yard crews in Road-Yard
Service Zones is restricted to the
specific service required or requested by the
customer and they may not be used indiscriminately
to perform any other additional work.
(c) The use of yard crews in Road-Yard Service
Zones established under this Article may not be used to
reduce or eliminate road crew assignments working within
such zones.
(d) Nothing in this Section 1 is intended to
impose restrictions with respect to any operation where
restrictions did not exist prior to the date of this agreement.
Section 2 - At points where yard crews are employed,
combination road-yard service zones may be established
within which yard crews may be used to perform specified
service outside of switching limits under the following
conditions:
(a) Road-Yard Service Zones for purposes of this
Section 2 are limited to a distance not to exceed fifteen
(15) miles for the purpose of handling disabled trains or
trains tied up under the Hours of Service Act. The distances
referred to herein are to be computed from the switching
limits existing on the date of this agreement, except where
the parties on individual properties may agree otherwise.
(b) within Road-Yard Service Zones, yard crews
may be used to handle disabled road trains or those tied up
under the Hours of Service Act outside their final terminal
without penalty to road crews. For such service yard crews
shall be paid miles or hours, whichever is the greater, with
a minimum of one (1) hour for the class of service performed
(except where existing agreements require payment at yard
rates) for all time consumed outside of switching limits.
This allowance shall be in addition to the regular yard pay
and without any deduction therefrom for the time consumed
outside of switching limits.
(c) Nothing in this Section 2 is intended to
impose restrictions with respect to handling disabled road
trains or those tied up under the Hours of Service Act
beyond the 15 mile road-yard service zones, established
under this section where restrictions did not exist prior to
the date of this agreement.
(d) This Section 2 shall become effective unless
a carrier elects to preserve existing rules or practices by
notifying the authorized employee representatives within
fifteen (15) days after the date of this agreement.
section 3 - Time consumed by yard crews in Road-Yard Serv~ce Zones established under this Article will not be
subject to equalization as between road and yard service
crews and/or employees.
This Article shall become effective fifteen (15)
days after the date of this Agreement.
ARTICLE XII - BEREAVEMENT LEAVE
Bereavement leave, not in excess of three calendar
days, following the date of death will be allowed in case of
death of an employee's brother, sister, parent, child,
spouse or spouse's parent. In such cases a minimum basic
day's pay at the rate of the last service rendered will be
allowed for the number of working days lost during bereavement
leave. Employees involved will make provision for taking
leave with their supervising officials in the usual manner.
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