CHEYENNE-GREEN RIVER ID SRVC
| Description: Case No. 1 Award No. 1
Parties to dispute: united Transportation Union and union Pacific Railroad
Do the terms and conditions set forth in the Carrier's May 20, 1991, proposal for Interdivisional Service between Cheyenne, Wyoming, and Green River, Wyoming, meet the standards set forth in Article IX of the October 31, 1985, UTU National Agreement? Opinion of Board: The Carrier served the appropriate notices, and the parties met to negotiate the questions pertinent to establishing the interdivisional service in question. After the negotiations, the Carrier offered, under date of July 24, 1992, a proposal incorporating many of the The proposal was turned down by the local union committees, and it was not distributed to the membership for ratification. The Carrier then withdrew its July offer and announced that in arbitration the original proposal would be put forward. Thus, this Board was faced with the sole question of whether the original proposal of the Carrier met or exceeded the requirements of Article IX of the October 31, 1985, UTU During the hearing, however, the Carrier agreed to again place the proposal of July 24, 1992, before the Board, and it was accepted. Upon review, this Board finds that the proposal does meet the requirements of the 1985 Agreement. Answer: The July 24, 1992, proposal of the Carrier on this issue does meet t he standards set forth in Article IX of the October 31, 1985, UTU National Agreement. It is, thus, applied and made e effective. Award: Issue settled according to Opinion and Answer. John Criswell, Neutral
920.30 Member MEMORANDUM OF AGREEMENT between UNION PACIFIC RAILROAD COMPANY and UNITED TRANSPORTATION UNION (CE&T) INTERDIVISIONAL SERVICE: CHEYENNE/GREEN RIVER Pursuant to Article IX, "INTERDIVISIONAL SERVICE," of the October 31, 1985 UTU National Agreement, the parties have agreed to establish pool freight service between Cheyenne, Wyoming and Green River, Wyoming, subject to the following: CONDITIONS Section 2. Miles of Run. Crews working in this Interdivisional Service will be allowed 310 miles. NOTE 1:Mile Pole 510.80 at Cheyenne will function as the NOTE 2: Mile Pole 814.7 at Green River will function as the Section 3. Rate of Pay. The provisions of the PEB 219 Section 4. Overtime. Overtime for employes hired prior to October 31, 1985, shall begin after twelve (12) hours on duty in this interdivisional service unless the crew operating a train does not reach Rawlins, from either direction, due to the Hours of Service Act. A crew not reaching Rawlins will begin overtime after ten (10) hours. 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 greater. Overtime for employes hired subsequent to October 31, 1985, shall be paid in accordance with the PEB 219 National Implementing Agreement. Section 5. Transportation.Transportation will be provided in accordance with Section (2)(c) Section 6. Meal Allowance and Eating Enroute. Meal allowances will be governed by Article VI of the PEB 219 Implementing Agreement and eating enroute will be governed by Section (2)(e) of Article IX of the October 31, 1985 National Agreement. Section 7. Suitable Lodging. Suitable lodging will be provided by the Carrier in accordance with Section I of Article II of the June 25, 1964 National Agreement as described in Section 3 Section 8. Employe Protection. In lieu of all benefits that may be provided by Section 7 of Article IX of the October 31, 1985 National Agreement, to any employe, the following shall apply: (a) All Seventh District employes who live in excess of 30 miles from Cheyenne and who are assigned by application or forced to initial positions, regular or extra, at Cheyenne (i) a lump sum of $32,500.00 if on June 1, 1992, the employe owns his/her own house or is under contract to purchase his/her home; or (ii) a lump sum of $10,000.00 if on June 1, 1992, the employe does not own a home or is not under contract to purchase a home. (b) Should the number of pool turns or extra board positions available to Seventh District employes at Cheyenne increase above the implementation number during a one-year (c) If an employe who received an allowance under (a) or (b) above and is unable to hold any working position in Cheyenne or place on any reserve board within three years after changing his point of employment and elects to move his (a) of the Washington Job Agreement, except that they will be allowed five (5) working days instead of two (2) and shall receive a transfer allowance of $400.00. (d) Except to the extent provided in (a), (b) and (c) above, changes in place of residence subsequent to the initial changes caused by coordination and which grow out of the normal exercise of seniority in accordance with working agreements are not comprehended within the provisions of this section. (e) Employes who are granted a lump sum in accordance with this Section 8 shall be required to hold a working position in Cheyenne, seniority permitting, for a period of three years from the date they are assigned to a position in Cheyenne. If unable to hold a working position, they must place on a reserve board, seniority permitting, prior to displacing a working position within Zone 200. If forces at Cheyenne are again increased, these employes will be placed on the vacancies prior to allowing or forcing non "lump-sum" employes to the Cheyenne vacancies. (f) There shall be no duplication of benefits as a result of working in a different craft nor shall an employe be entitled to more than one payment under (a) or (b) above or one payment under (c) above. (g) Seventh District Conductors who bid in the Interdivisional Service (including the extra board) between Cheyenne and Green River, will be required to remain in that service Section 9. Pick Ups and Set Outs Enroute. It is recognized that crews working in this Interdivisional Service may be required to make pickups and set outs during their tour of duty. If Conductor-only, they shall be in accordance with the provisions of the Modified Crew Consist Agreement effective February 1, 1992. Section 10. Extra Boards. (a) The existing Fifth/Sixth District Guaranteed Extra Board shall continue to protect all Fifth/Sixth District work including any Hours of Service relief that is needed for trains manned by Seventh District Conductors that expire under the Hours of Service east of Rawlins. This does not prevent the use of pool crews in combination service from performing (b) A new Seventh District Guaranteed Extra Board shall be established at Cheyenne to protect Seventh District Cheyenne vacancies. The standard extra board agreement shall (c) When all positions on the Seventh District Guaranteed Extra Board at Cheyenne are filled by Zone 200 only employes, the positions will be transferred to the Fifth/Sixth District Extra Board. If the positions go no bid, they will then be transferred to the Fifth/Sixth District Guaranteed Extra Board. The Seventh District Guaranteed Extra Board will be reestablished when a prior rights Seventh District employe bids or places on the extra board. (d) Should the Seventh District Extra Board be exhausted and a Seventh District vacancy exists, the Fifth/Sixth District Extra Board will be used prior to employes or dropping the turn. (e) At 12 Noon of each day, the first-out employe on the Seventh District Extra Board at Cheyenne who has been available for the preceding 24 hours but has not been called Section 11. Apportionment of Work. (a) Initially, prior rights Fifth/Sixth District employes will be entitled to 57% of the work covered by this Agreement and prior rights Seventh District employes will be (b) Should prior right Seventh District employes not make application for all vacancies, then the vacancies shall be available first to Fifth/Sixth District employes and then (c) If Fifth/Sixth District employes bid in the Seventh District vacancy, then one reserve board spot will be temporarily transferred to the Seventh District for each vacancy so filled. I f Seventh District employes displace Thirteenth District employes as a result of this coordination, then one Seventh District reserve board spot shall be temporarily transferred to the Thirteenth District for each displacement. The temporary transfer shall return to the Section 12. Equalization of Work. Equalization of crews shall reflect the appropriate percentages between Fifth/Sixth and Seventh Districts' prior rights employes. Crews shall be run first-in/first-out as one pool. Section 13. Mileage Regulations. Mileage shall be regulated in accordance with the current work rule agreement. Section 14. Tie-ups enroute. (a) Except in case of wrecks, floods, washouts and storms, employes will not be tied up enroute under the Hours of Service Act and held at such intermediate point and then (b) Except in (a) above when tied up on line of road, crews in this service will be deadheaded to their objective terminal immediately after being tied up. If the relief crew or transportation does not arrive within one hour of the time tied up, a separate payment on a minute basis will be allowed for all waiting time in excess of one hour. Section 15. Effective Date. The Carrier shall give the General Chairman ten (10) days' written notice of its desire to implement this Agreement. Section 16. Conflict of Agreements. Nothing in this Agreement shall be construed as modifying or amending any of the provisions of any labor agreement including current Interdivisional Run agreements between the Company and the Organization, except as Signed at Omaha, Nebraska, this ____ day of
FOR THE ORGANIZATION: G. A. Eickmann
FOR THE CARRIER:
UNION PACIFIC RAILROAD COMPANY 920.30 140.80-10 MR G A EICKMANN Dear Si r: This refers to Section 8 of the Cheyenne-Green River Interdivisional Agreement. It was agreed in conference that specific instructions would be prepared to assist employes in applying for the lump sums. The proper procedures are a s follows: (1) The attached form must be used. (2) The employe must attach documents supporting
UNION PACIFIC RAILROAD COMPANY July 24, 1992 MR G A EICKMANN Dear Sir: This refers to our discussions concerning the Green River Clubhouse. Both parties have expressed their views on this subject and they need not be reiterated again in this letter. In an effort to provide employe input into monitoring lodging conditions and reviewing those conditions on an ongoing basis it was agreed that a committee would be formed involving an employe from each craft and from the Superintendent's office. The role of the committee will be to review complaints and make suggestions in improving problem areas should they arise. Should you be agreeable to the above, please sign below, indicating your acceptance. Yours truly, DIRECTOR - LABOR RELATIONS AGREED: General Chairman, UTU(CE&T)
December 21, 1992 MR G A EICKMANN Dear Sir: Attached please find one fully signed original letter agreement covering pre-October 31, 1985 Firemen in connection with the Cheyenne - Green River ID agreement.
UNION PACIFIC RAILROAD COMPANY November 24, 1992 920-30 MR G A EICKMANN Dear Sir: This refers to Arbitration Board 525 Award No. 1 concerning Interdivisional Service between Cheyenne and Green River. During the negotiation process, the UTU-E Committee merged with the UTU-C&T Committee and your office now represents the combined UTU-CE&T Committees. There are currently no preOctober 31, 1985 Firemen working on either the Fifth or Sixth Engineman's Seniority District; however, the question was raised as to what conditions would apply should a Fireman become available in this area. It was agreed that the terms and conditions of Arbitration Board 525 Award No.1 dated November 7, 1992, would be applicable with the following understandings: (1) There shall be no duplication of benefits as a result of working as a Fireman. (2) Pre-October 31, 1985 Enginemen home terminated in Cheyenne will be permitted to mark up as Fireman in the ID pool in accordance with existing rules if unable to hold any Engineer or must-fill Firemen (Hostler) positions. (3) Pre-October 31, 1985 Enginemen home terminated in Rawlins will be permitted to mark up as a Fireman in the Rawlins-Green River pool or Cheyenne-Green River ID pool in accordance with existing rules if unable to hold any Engineer or must-fill Fireman (Hostler) positions. Marking up in the Cheyenne-Green River ID pool will be considered a seniority move and the terms and conditions of Section 8 will not apply.
I Concur:
November 24, 1992 MR G A EICKMANN Dear Sir: This refers to Arbitration Board 525 Award No. 1 concerning (1) On implementation a Seventh District pool and a (2) A Conductor from each source will be called to man each (3) When Conductors have completed familiarization trips(s) (4) The apportionment of work formula is waved during the (5) The Carrier will put up a notice for application at (6) Conductors in the regular ID pool will also be used to (7) The Carrier will provide lodging at Cheyenne for a (8) Relocation requests should be turned in to Manager Labor (9) The letter shall constitute proper notice of implementation
W. S. HINCKLEY I CONCUR:
Dear Sir: This refers to the Award issued pursuant to Arbitration Board Yours Truly - B A Boyd JR - VP UTU |
