Description:
MEMORANDUM OF AGREEMENT
ODB-3892
ODB-3904
ODB-4012
ODB-4017 On May 25, 1979 the Organization served notice under Section 6
of the Railway Labor Act, as amended, of its desire to cancel the letter
of understanding dated December 5, 1978 concerning the use of interdivisional
pool crews in turnaround service west of Hinkle, Oregon. On October 1,
1979 the Organization served a second notice of its desire to revise the
Interdivisional Service Agreement by inserting a provision reading as
follows – "Crews assigned to interdivisional service and made-up crews
used to augment interdivisional service on the Northwest District,
Union Pacific Railroad, will not be used in turnaround
service out of their away-from-home terminal." The Organization's notices arose out of Carrier's use of interdivisional
service crews in turnaround service west of Hinkle, Oregon which
involves the interpretation and application of Section l(a) of Part IV of
the Interdivisional Service Agreement dated August 26, 1972 and Section 2
of Supplemental Understanding No. 3 thereto. The notices have been handled on the property in accordance
with the provisions of the Railway Labor Act and the services of the
National Mediation Board have been requested by the Organization with
respect to the notice dated May 25, 1979. In order to dispose of the dispute, the letter of understanding
dated December 5, 1978 is hereby cancelled, and effective immediately
the following is adopted in lieu thereof: 1) The right of the Company to use interdivisional pool freight
service crews in turnaround service, including but not limited
to relief service, west of Hinkle is acknowledged. 2) Interdivisional pool crews used in turnaround service, including
relief service covered by Supplemental Understanding No. 6
of the Interdivisional Service Agreement, will be considered
as having been inducted into interdivisional service in applying
the terms and provisions of the Interdivisional Service
Agreement. 3) Interdivisional pool crews used in turnaround service west of
Hinkle, Oregon shall be placed first-out upon completion of
the turnaround service and will not, if other interdivisional
service crews are rested and available for service at Hinkle,
be used for a second tour of duty in turnaround service but
will be called, subject to the availability and held-for-rest
rules of the agreement, from such first-out position for the
next straightaway trip in interdivisional service to be operated
through from one interdivisional freight service terminal
to another interdivisional freight service terminal. 4) Insofar as this agreement applies to the operations herein
described, neither the first-in first-out provisions nor the
penalty provisions of the runaround or not-called-in-turn rules
of the schedule agreement shall apply. 5) Nothing in this agreement shall be construed or interpreted
to preclude the use of other employes (crews) in turnaround
service out of Hinkle, Oregon. This agreement shall become effective on April 18, 1980 and
is in settlement of the disputes growing out of the notices served by the
Organization on May 25, 1979 and October 1, 1979, and shall remain in
effect until changed or modified in accordance with the provisions of the
Railway Labor Act, as amended. Dated at Portland, Oregon this 18th day of April, 1980. UNITED TRANSPORTATION UNION, C & T Divisions:
/s/ L. L. Nelson
General Chairman
APPROVED:
/s/ F. D. Tuffley
Vice President
UNION PACIFIC RAILROAD COMPANY:
/s/ J. E. Cook
Director of Labor Relations, NWD
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