Description: A G R E E M E N T BETWEEN THE UNION PACIFIC RAILROAD COMPANY Ogden Union Railway & Depot Company Spokane International Railroad AND THE UNITED TRANSPORTATION UNION - (C), (T) & (S) (Covering) CREW CONSIST THIS AGREEMENT IS IN FULL AND FINAL SETTLEMENT OF THE CARRIER'S NOTICES SERVED UNDER SECTION 6 OF THE RAILWAY LABOR ACT ON OR ABOUT JUNE 13, 1977, PERTAINING TO THE CONSIST OF CREWS IN TRAIN AND YARD SERVICE. IT IS HEREBY AGREED: PART ONE ARTICLE I - CREW CONSIST CONDITIONS Section 1. Standard Crew. Except as specifically provided for in this Agreement, road freight train and yard crews shall consist of not less than one conductor/foreman and two brakemen/helpers, which will be referred to as a "standard crew." Section 2. Crew Reduction By Attrition. The reduction of road freight service brakemen or yard helper positions from any crew shall be made solely on a pure attrition basis. No road freight brakeman or yard helper positions available to a protected employe under Schedule Rules will be blanked, except under the conditions specifically provided for in this Agreement. Section 3. Minimum Crew Size. The minimum crew size shall consist of not less than one conductor/foreman, and one brakeman/yard helper and no service shall be required of any crew manned by less than one conductor/foreman and one brakeman/yard helper. Nothing in this Agreement shall prevent the Carrier from adding additional position of road brakeman/yard helper to. any assignment when ill its judgment the additional position is deemed necessary and will be so designated. Except as provided in Article IV, Section 2(c), no protected employe will be moved from a standard crew of one conductor/foreman and two brakemen/yard helpers to a reduced crew of one conductor/foreman and one brakeman/yard helper in order to make such crew a standard crew of one conductor/foreman and two brakeman/yard helpers. (Intpns. Pg. 14) Section 4. Manual Retainers. Trains in mountain grade territory, requiring the use of hand operated retainers, under the Carrier's Special Rules, shall be manned by a standard crew. Section 5. Passenger Service. Nothing in this Agreement changes existing Crew consist arrangements in passenger service Section 6. Crew member Absent. (a) Not Reporting. In the event a member of a yard crew consisting of one foreman and two helpers (one helper position is blankable), fails to report for duty, the remaining two crew members may be required to start work. If the foreman fails to report, a qualified foreman on same crew will be used. If there is no qualified foreman, existing Schedule Rules will apply. Should the absent member fail to report within one hour from the on-duty time, the remaining crew members will finish that tour of duty receiving the special allowance and also the Employes' Productivity Fund will be credited . . Where a yard crew consists of a foreman and two helpers (both helper positions are "must-fill" as a result of Carrier designation or bulletin due to safety and requirements of the service), and one member fails to report for duty, the remaining two crew members will not be required to start work. (b) Not Completing Shift. In the event a yard crew member is permitted to leave the job due to sickness, injury or other compelling reason, during a tour of duty; if the remaining two crew members are required to continue working in excess of one hour or to complete that tour of duty, they shall receive the special allowance and also the Productivity Fund will be credited. If the positions are all "must-fill" as designated in Subsection (a), the remaining crew members may work as permitted by existing Schedule Rules. Section 7. Employes will not be required to operate with less than the required train/yard crew consist specified in this Agreement nor will they be censured or disciplined in any manner for refusal to do so. ARTICLE II - TRAIN LENGTH LIMITATION FOR REDUCED CREWS. Section 1. Car Limits. Except as otherwise provided herein, the following car limits shall be made effective in road freight service: (a) Less Than Seventy-Two Cars. Trains of one to seventy-one cars and not to exceed 4,015 feet in length, including caboose(s) may be operated with a ' reduced crew of one conductor and one brakeman, subject to other provisions of this Agreement . (b) Less Than One Hundred Twenty-Two Cars. Trains of seventy-two cars to one hundred twenty-one cars and not exceeding 6,840 feet in length, including caboose(s), may be operated with a reduced crew of one conductor and one brakeman by agreement between the appropriate General Chairman and Carrier's Director of Labor Relations. (c) Exceeding One Hundred Twenty-One Cars. Trains consisting of more than one hundred twenty-one cars or exceeding 6,840 feet in length, including caboose(s), will be operated with a standard crew. Section 2. New Business (Exception). New business or new service operations, i . e., business not formerly handled by the Company for which identifiable service, such as piggyback, unit and commodity trains (does not include pool freight) established to compete with other modes of transportation, may be operated with a crew of not less than one conductor/foreman and one brakeman/yard helper, provided such trains do not exceed one hundred twenty-one cars or 6,840 feet in length, including caboose(s) . (Intpns. page 14-14 1/2). Section 3 . Non-Revenue (Exception). Non-revenue trains such as Hours of Service relief crews, snowplows, work and wreck* service trains, may be operated with a reduced crew of not less than one conductor/foreman and one brakeman/yard helper. (Intpns. page 14 1/2). NOTE: When the work train, wreck train, or snowplow service is such that there is a need for a standard crew because of the factors of productivity, safety, and workload, the Carrier Engineering Department representative will so request when ordering crew. (* Work and wreck service, as referred to herein, shall not apply to through freight or interdivisional through freight service crews performing work train or wrecker service during their tour of duty.) ARTICLE III - DEFINITIONS. Section 1. Positions. (a-1) Must-Fill. A must-fill position is a brakeman/yardman position contractually required to be filled by protected or non-protected brakeman/yardman under schedule rules or agreements and may not be blanked. (a-2) Must-fill positions in any class of service for which no bids are received will be filled in accordance with existing schedule rules or agreements. (b-1) Blanked. A blanked position is a second brakeman/yardman position that is not occupied by any protected employe and a position that need not be filled by a non-protected employe. (b-2) The method to arrive at a blanked position is through absolute attrition as provided for in Article I, Section 2, or when no protected employe elects, by exercise of seniority (displaces, makes application, or bids), to occupy the second brakeman/yardman position under schedule rules or agreements, except as specifically provided for in this Agreement. (c) Blankable. Blankable positions are all second-brakeman/yardman positions, except those which must be filled under the provisions of Article I. (Intpns. Pg. 15) Section 2. Protected Employes. (a) Protected. For the purpose of this Agreement, protected employes are all employes on road freight train and/or yard service seniority rosters (including employes on authorized leave of absence) as of September 15, 1980, and any employe in a dismissed (discharged), terminated or suspended status as of September 15, 1980, who is subsequently returned to service with seniority rights unimpaired. NOTE 1: Nothing in this Agreement shall be construed, interpreted or applied so as to change or modify the following Crew Consist Agreements dated prior to this Agreement, as those agreements relate to the protection of employes, reduction, and restoration of positions: August 25, 1964 NWD March 1, 1968 NWD (Oregon Division) March 1, 1968 ED March 1, 1968 NWD (Idaho Division) March 1, 1968 SCD NOTE 2: When any of the crews involved in the above named 1964 and 1968 Agreements are worked with a conductor/ foreman and one brakeman/yard helper, they will be paid the special allowance and the Productivity Fund will be credited. (b) Displacement Rights. A protected employe shall retain the right to exercise seniority to any blankable (blanked) position, except under certain conditions provided for in this Agreement. (Intpns. Pg. 15) (c) Furloughed. Except as provided in Section Zeal, (Note 1) hereof, and Article II, subsections 2 and 3, (New Business and Non-Revenue), no protected employe will be furloughed or on furlough so long as a crew consisting of one conductor/foreman and one brakeman/yard helper is operated in a seniority district. Section 3. Non-Protected. Train/yard service employes hired after the effective date of this Agreement will not have claim for blanked or blankable second brakeman/yard helper positions. ARTICLE IV EXTRA BOARDS. Section 1. (a) Yard Vacancies. Subject to the provisions of the Five-Day Work Week Agreement and the applicable Schedule Rules, protected employes on the yardmen's extra board will be called for all blankable yard vacancies unless their services are required for a known must-fill vacancy. An extra protected yardman may be held for a known must-fill vacancy and should such vacancy not materialize, the employe will be paid a basic day's pay and retain the first-out position on the extra board. It is further understood that such extra protected yardman called for and performing subsequent service will be compensated under existing applicable Schedule Rules. (lntpns. Pg. 16-18) (b) Road Vacancies. Protected employes on the brakemen's extra board will be called for all second brakeman vacancies unless their services are required for a known must-fill vacancy. An extra protected brakeman may be held for a known must-fill vacancy. If the held employe fills the vacancy and the earnings therefrom are less than the "earnings of the assignment to which entitled, the employe shall be paid difference in earnings and placed on the extra board after completion of the tour of duty worked in accordance with the existing Schedule Rules without regard to the assignment missed. Should the vacancy for which held not materialize, the employe will be paid the earnings of the assignment to which entitled had the employe not been held and will be placed on the extra board in the same manner as though the employe had worked the assignment. (Intpns. Pg. 18-19) Should such employe be used in emergency while being withheld from the extra board in these circumstances, earnings therefrom shall not be used to offset earnings of the vacancy missed. (Intpns. Pg. 18-19) Section 2. Force Assigning From Blankable Positions. (a) Must-Fill Yard Vacancy. When there are no extra yardmen available on the extra board and there is a known must-fill yard vacancy, the available protected yard helper holding a blankable yard helper position in the same starting time bracket will be required to fill the position for one tour of duty, as follows: Use the junior protected helper on a shift: First: Same starting point within the terminal with the (1) same starting time (2) earlier starting time (3) later starting time Second: At another starting point within the terminal with the (4) same starting time (5) earlier starting time (6) later starting time Third: If the vacancy cannot be filled by any of the above, then procedures of existing Schedule Rules shall apply. If a protected yardman is not used on the vacancy for which held, such yardman will be paid loss of earnings . If used at the same starting time as the yardman's regular assignment, the employe will be paid at pro rata rate for the regular eight-hour period and actual overtime worked. If used in advance of the assigned starting time in the same starting time bracket, the employe will be paid at time and one-half for the ·shift. If used later than the regular starting time, pay will commence at the starting time of the employe's regular shift. (b) Must-Fill Road Vacancy at Extra Board Point. When there are no extra brakemen available and there is a. known must-fill road vacancy, the most junior available protected road brakeman holding a blankable road brakeman position at that location will be used to fill the position for one trip or one tour of duty without loss of earnings . If the vacancy cannot be filled in this manner, existing rules will apply. (Intpns. Pg. 19) (c) Must-Fill Vacancy at Far Terminal . At the away-from-home terminal where a protecting extra board is not maintained, if there is a known must-fill brakeman’s vacancy in the first-out pool freight crew, a brakeman from the following turn will be stepped up to the must-fill vacancy in accordance with existing Schedule Rules and returned to his regular turn upon arrival at the home terminal. In all cases, the employe shall be paid as per existing Schedule Rules. (Intpns . Pg. 19-20) Section 3 . Extra Board Regulation. (a) Extra lists will be regulated in accordance with existing rules and practices, predicated as nearly as possible on must-fill positions in keeping with subsection (b) hereof. (b) Thee Carrier shall maintain a sufficient number of employes to permit reasonable layoff privileges and to protect vacations, personal leave days and other extended vacancies . . ARTICLE V - RADIOS Section 1. Reduced Crews. Operable radios shall be furnished all members of reduced crews. (Intpns. Pg. 20 - 21) Section 2. (a) Yard Service. Portable radios for use of and carried by ground service employes in yard service will not exceed three (3) pounds and will be equipped with a suitable holder which will firmly hold the radio close to the body or will be of such size as to permit being placed in coat or trouser pocket. (b) Road Service. The size and weight of portable radios used by ground service employes 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 (3) pounds. (c) Employees will not be held responsible for accidents caused by failure of radio equipment to properly function. Carrier will be responsible for maintenance of radios and employes will not be held responsible for failure or malfunction of radio equipment. Section 3. Channels. Sufficient frequency channels will be utilized to provide safe communication. ARTICLE VI – BULLETINS Section 1. Bulletin rules of the existing Schedule Rules and Agreements are hereby modified to provide for the following: (a) Blankable vacancies shall be designated by bulletin as "blankable" signifying that such vacancy or vacancies are open to bid or application only from protected employes. (b-l) Where Schedule Rules provide that such vacancies must be bulletined and no bid is received for a blankable vacancy from an eligible protected employe during the bulletin period, the vacancy will not be rebulletined and may thereafter be filled only by ah eligible protected employe having a displacement right. Such vacancy will be rebulletined on written request of the Local Chairman. (b-2) Where Schedule Rules provide that vacancies in pool freight service are not advertised by bulletin and are filled by application, and no application is received for a blankable vacancy from an eligible protected employe, the vacancy will be filled by an eligible protected employe making application in accordance with Schedule Rules or by an eligible protected employe exercising seniority under provisions of existing Schedule Rules. (c-l) Where Schedule Rules provide for the designation of "head" and/or "rear" brakeman by bulletin, such designation will not be applicable when it becomes necessary to bulletin a crew for a conductor and one brakeman only. In cases where a crew is bulletined for a conductor and one brakeman and later (account train length or workload) converts to a conductor and two-, brakemen, seniority '''ill prevail as to "head" or "rear" brakeman positions. (c - 2) When a standard crew works as a reduced crew as provided in this Agreement, the "head" or "rear" brakeman designation will not apply. When a standard crew is used, seniority will prevail on the "head" or "rear" position. ARTICLE VII - SPECIAL ALLOWANCE On the effective date of this Agreement, road freight train and yard service crew members, both protected and non protected employes, working on reduced crews, shall be paid an additional special allowance of $4.00 (as adjusted currently to $5.48) for each tour of duty worked, as compensation for the additional services and responsibilities assumed with the operation of a reduced crew, which allowance shall be subject to all future general wage and cost-of-living increases. (Intpns. Pg. 21-22) NOTE: The adjusted special allowance of $5.48 reflects the current amount of a $4.00 special allowance after applying general wage and cost-of-living increases from January 1, 1978. ARTICLE VIII - PRODUCTIVITY FUND Section 1. (a) Company Contribution. For each yard tour of duty or road freight service trip that a crew is operated with a conductor or foreman and one brakeman or yard helper (including new business and non-revenue runs), the Company will pay into the Employes' Productivity Fund the sum of $48.25. This payment will be made on a pay period cash basis for the sole and exclusive benefit of the eligible protected road freight train and yard service employes and is to be considered as an account or trust of and for the protected employes as sharing in Productivity Savings. (Intpns. Pg. 21-22) (b) Productivity Accounts. Separate employe Productivity Accounts shall be maintained for each defined district as determined by the respective General Committees of Adjustment and Director of Labor Relations. At the end of each year, each protected employe performing service in that particular district will share in the division of the Employes' Productivity Fund, according to the number of yard tours of duty or road freight trips worked in that district during that calendar year. For equity purposes, each paid vacation day taken by an employe will be considered as a yard tour of duty or road freight train trip to be credited in computing the employe's share of the Productivity Fund. . (c) Limitation. The productivity sharing provided for above is limited to the extent that the total amount of a protected employe's annual share of the Employe's Productivity Fund cannot exceed one-third (1/3) of said employe's total compensation for that calendar year. The $48.25 payment into the Employes' Productivity Fund is not subject to wage and cost-of-living allowance increases. When a protected employe has shares in more than one Productivity Account, the amounts due from each account will be combined and the total amount paid cannot exceed one-third (1/3) of the employe's total compensation for that calendar year. When computing one-third (1/3) of a protected employe's total compensation in any calendar year, payments or credits received from the Productivity Fund during such calendar year will not be included in the computation. (d) Guarantees. Payment made to protected employes out of the Productivity Fund shall not be used in the computation or offset of any monetary guarantees. (e) Vacation Pay. Payments made to protected employes out of the Trust Fund shall not be included in the compensation used as a basis for determining vacation pay. (f) Part-Time Employment. A part-time UTU officer or representative who is unable to work his assignment in road freight or yard service due to being engaged in official union business will receive credit for such days (of service) or tours of duty lost toward the number of days shared in the fund. Verification for credits earned will be furnished by the United Transportation Union. A Carrier officer or Union officer/representative who works a part of the year in the craft of conductor, brakeman or yardman will receive credit for the number of trips or tours of duty toward the number of days shared in the Fund. Section 2. Computation of Shares. The value of the employe's share in the division of the Productivity Fund, calculated according to the number of yard tours of duty or road freight trips worked at the end of each year, will be determined in accordance with the following example: EXAMPLE: Amount in Fund at the end of year ---$2,820,408.00 Number of protected employes -------- 621 Total number of road freight service trips and yard tours of duty by protected employes only ---------- 66,208 $2,820,408 divided by 66,208 = $42.60 Each protected employe receives $42.60 x the number of his trips or tours of duty, e.g. 221 trips x $42 .60 = $9,414.60 One-Third Cap Limitation: EXAMPLE: A protected employe earns $27,000 for service performed . The employe' s payment from the fund for the year could not exceed $9 ,000.00 (1/3 of $27,000 .00). Section 3. Productivity Fund Phase-Out . The Company's regular pay period cash deposits to the Employes' Productivity Fund may be discontinued after the actual dollar amount deposited is equal to not less than the full amount required to pay all protected employes a full one-third (1/3) of their annual compensation for that calendar year. If the amount paid is not adequate to pay all monies due under this Agreement, the Company will make up the deficit. Section 4. Trust Fund Agreement. The necessary arrangements for the establishment and administration of the Employes' Productivity Fund in compliance with ERISA and other legal requirements will be finalized within one hundred twenty days from the effective date of this Agreement. ARTICLE IX - PERSONAL LEAVE Section 1. Road Freight Service Allotment. On the effective date of this agreement, all train service employes in road freight service not covered by the National Paid Holiday Rules will be entitled to personal leave days on t]le following graduated basis: YEARS OF SERVICE -- PERSONAL LEAVE DAYS Less than five (5) years -- 2 days 5 years and less than 10 years -- 4 days 10 years and less than 15 years -- 6 days 15 years and less than 20 years -- 8 days 20 years and more -- 10 days Personal leave days may be taken one or more, at any time upon twelve hours' written notice to an appropriate Carrier officer or his designated representative. The employe will be paid one basic day at the rate of the last service performed for each personal leave day. (b) Blanked Vacancy. When a member of a standard Crew is on personal leave day, if the position is not a must-fill position,· the assignment may be operated with a reduced crew. The remaining two crew members will be required to work and receive the special allowance. A personal leave vacancy will-be considered as blanked, unless it is a must-fill position. (Intpns. Pg. 22-24) (c) Non-Covered Service. An employe who exercises seniority from passenger or yard service to road freight service and qualifies for personal leave, shall be entitled to one or more personal leave days after performing a tour of duty in road freight service. (d) Holiday Offset. The number of personal leave days in any calendar year each road freight service employe is entitled to shall be reduced by the number of paid holidays received, or paid holidays deprived of through the employe's own volition during the calendar year.’ (e) Productivity Fund Credit. On the effective date of this Agreement, payment of $48.25 shall be credited to the Trust Fund when a member of a standard crew is on personal leave day. Section 2. Utilization. (a) Personal Leave Purpose. The personal leave day allotment is for the purpose of providing an opportunity for road service employes to be absent from work to meet personal needs without having to use their vacation time. It is not intended that personal leave days be used for gaining extended absence in lieu of vacation. (b) Granting Personal Leave. The number of men permitted to be off on personal leave will recognize the requirements of the service and their seniority, assuring that must-fill positions will be filled either from available extra employes or from the source of employees on blankable positions. If the personal leave vacancy involves a must-fill position, such vacancy will be filled as provided in this Agreement . (Intpns. Pg. 22-24) (c-l) Carry-Over. An employe making written request shall be granted the personal leave day(s) requested. If the requirements of the service do not permit the employe to take the requested personal leave days and appropriate Carrier representative refuses in writing to grant the request, the number of personal leave days so requested and not granted may be carried over, but must be requested in writing and granted prior to July I of the following year. (c-2) Due to six months having passed in the inaugural year (1980), the employe may request the total number of personal leave days to which entitled . However, if the request is denied, he may carryover to the following year (1981) only fifty percent (50%) of the number requested. . (d) Trial Period. At the conclusion of twelve (12) months from the effective date of this Agreement, the Directors of Labor Relations and the General Chairmen will meet to evaluate the results of the personal leave day application issue to make whatever adjustments may be necessary relative to personal leave day requests and scheduling. ARTICLE X – GENERAL Section 1. Separation Allowance. To expedite attrition, the Company shall have tile right to offer separation allowances to protected employes in active service, or protected employes in service may request a separation allowance. The Company shall determine the number of separation allowances to be granted. Section 2. Crew Dispatcher's Daily Work Sheet And Computerized Statements . Yard Local Chairmen will be furnished copy of the Crew Dispatcher’s daily work sheet for the territory under their jurisdiction. Road Local Chairmen will be furnished copy of the Crew Dispatcher's daily work sheet for road crews for the territory under their jurisdiction. General Chairmen will be furnished copy of the Carrier's monthly computerized statements showing Productivity Fund trip credits. Section 3. Regulating Level of Employment. The criteria used to maintain levels of employment by the local representatives of the employes and the Carrier in regulating pool freight turns and road and/or yard extra boards, such as, but not limited to, mileage regulations, shall not be changed as a result of the implementation of this Agreement, except as otherwise agreed. Section 4. Non-Craft Infringement. No Carrier supervisor, official or non-craft employes including yardmasters) shall be used to supplant or substitute in the exclusive work of any train or yard crew working under UTU (C), (T) & (S) Agreements. PART TWO INTERPRETATIVE QUESTIONS AND ANSWERS ARTICLE I - CREW CONSIST Section 3. Q Does the minimum crew consist in any way affect single assignments, such as switchtenders, skatemen, herders,' pilots, retarder operators, etc. A The minimum crew consist does not pertain to single assignments. ARTICLE II Section 2. (New Business) Q I A freight/yard assignment regularly services an industry or industries. A new industry is later established which generates new business requiring freight/yard service. May this freight/yard assignment be operated with a reduced crew under the new business concept? A No, extension of the existing freight/yard assignment to include the servicing of the new industry would not constitute new business. Q 2 When could new business and new service qualify for using a reduced crew? A When the new business results in having to provide new service to exclusively accommodate the new business. Q 3 May a new road switcher assignment be considered as new business or service? A Consistent with Questions 1 and 2 herein, a new road switcher assignment may be operated with a reduced crew when providing new service to exclusively accommodate the new business. Q 4 (With regard to Question 1 herein involving a freight/ yard assignment that regularly services an industry or industries.) Maya specific and identified freight/ yard assignment such as a traveling switcher, a local freight train, a mine run, or an industrial road/yard engine be operated with a reduced crew under the new business concept? A Consistent with Question and Answers 1 and 2 herein, such specific and identified freight/yard assignments may be operated with a reduced crew when providing new service to exclusively accommodate the new business. Q 5 (Example): Prior to February 1 there were twelve pool freight crews in service on a designated pool freight district. After February 1, two turns are added to handle increase in business. Would this be considered as new business or new service operation? A No. Section 3. (Non-Revenue). Q 1 May the Carrier call a reduced crew to perform relief service when the train to be relieved has a required standard crew? A Yes, provided no other work is performed, such as switching, set out and/or pick up, etc. Q 2 In reference to Question 1, would this restriction apply if the train relieved did not require a standard crew? A No. Q 3 When relief service is protected by first-out through freight crews instead of an extra board, would all members of a one-and-two crew be used for the relief service? A Yes, the crew consist of the through freight crew in this instance would not be broken. Q 4 In reference to Article II, Section l(b) (no switching enroute). If a train handled by a reduced crew ties up under the Law, would the relieving crew be under the same restrictions? A Yes. ARTICLE III - DEFINITIONS. Section 1 (c), (Blankable positions) Q 1 Do protected employes have the right to fill blankable brakemen/yardmen positions? A, Yes, as provided in this Agreement. Q 2 Is it necessary to bulletin a blankable brakeman/yardman position? A Yes, if required by Schedule Rules. Q 3 Must blankable brakemen/yardmen positions under bulletin be filled from the protecting extra board by protected employes? A Yes, subject to the availability of protected yardmen/brakemen. Q 4 May protected employes exercise seniority to blankable positions under bulletin in accordance with Schedule Rules or Agreement? A Yes. Q 5 Do non-protected brakemen/yardmen have the right to blankable positions? A No. Section 2(b), (Displacement Rights) . Q 1, How shall a protected employe acquire the right to exercise seniority to a blankable (blanked) position? A By seniority right to obtain such position under governing existing Schedule Rules and as further provided in this Agreement. Q 2 Does a protected employe retain the right to take a blanked or blankable position even though it was passed up previously? A Yes, provided he is entitled to an exercise of seniority under the applicable schedule rules. ARTICLE IV EXTRA BOARDS BRAKEMEN/YARDMEN Section 1 (a) and (b) (Yard/Road) Q 1. If a protected extra board brakeman/yardman is held for a must-fill vacancy, when must the employe be notified of the must-fill vacancy? *A The brakeman/yardman will be notified as soon as possible but not later than the calling time of the assignment from which withheld. Q 2 Should a protected brakeman/yardman be held for a known must-fill vacancy; and after notified, an earlier must-fill vacancy becomes known, may the Carrier use the held brakeman/yardman. for the earlier vacancy? *A. Yes, if available, but the employe shall not be censured or penalized if unable to locate. Q 3 May a first-out protected employe standing for a blankable vacancy be held for a known must-fill vacancy when there is a non-protected employe available on the extra board to fill such vacancy? *A. No. Q 4 When may a protected brakeman/yardman be held for a known must-fill vacancy? *A Only when the extra board would otherwise be exhausted. Q 5 Does a must-fill vacancy include a vacancy on a conductor/foreman's assignment? *A No, only vacancies on brakeman/helper positions. Q 6 May a protected yardman be held for a known must fill vacancy outside the starting time shift for which he stood? A No, unless there is no other ·extra yardman available, or becomes available to fill such vacancy. Q 7 If other extra men subsequently become available on the extra board to protect such must-fill vacancy or vacancies, will the held protected yardman be released? A Yes, and will retain first-out position on the extra board and allowed a basic day's pay for being held and not used. Q 8 When would a known must-fill vacancy not materialize? A Regular man returns or filled through exercise of seniority. Q 9 There is a must-fill vacancy and a blankable vacancy on a 3:30 PH assignment and also a must-fill vacancy on a 4:00 PH assignment. How would these vacancies be filled from the extra board that is lined up with a protected yardman first out, a non-protected yardman second out, and a protected yardman third out. A The first-out protected yardman would be called for the must-fill 3:30 PH vacancy and the third-out protected yardman would be called for the 3:30 PH blankable vacancy and the second-out non-protected yardman· would be called for the 4:00 PM must-fill vacancy account, the non-protected yardman would have no right to a blankable vacancy. Q 10 Under the foregoing example, if the extra board was lined up with the first h/o as protected yardmen and the third a non-protected yardman, how would such vacancies be filled? A The 3:30 PM must-fill vacancy and the 3:30 PM blankable vacancy would be filled by the first and second-. out protected yardmen and the 4:00 PM must-fill vacancy by the third-out non-protected yardman. Q 11 There are only two protected extra yardmen on the extra board when a blankable vacancy arises and, also, there is a subsequent known must-fill vacancy. Which protected yardman would be held for the later must fill vacancy? A The first-out protected yardman would be used on the blankable position and the second-out protected yardman would be held for the subsequent must-fill vacancy. However, if there are two subsequent must-fill vacancies, both protected extra yardmen would be held account extra board then exhausted. Q 12 In reference to second yardmen positions, how will extra engines be treated? A The terms of this Crew consist Agreement apply to both regular and extra yard assignments. *Q 13 If there are two must-fill and two blankable vacancies with the same on-duty time and the employes on the extra board are first-out, protected; second, non-protected; third, protected; fourth, non-protected, how would these vacancies be filled from the extra board? A The must-fill vacancies will be filled first, so that the first-out protected employe would have an election; the second non-protected employe would fill the second must-fill vacancy; the third protected employe would have an election on one of the two blankable vacancies; and the fourth non-protected employe would not be used to fill the remaining blankable vacancy. *Q 14 'In reference to Q 13, the extra board is lined up with non-protected employes first and second out, and protected employes third and fourth out. How would these vacancies then be filled from the extra board? A The first- and second-out non-protected employes would fill the two must-fill vacancies and the third and fourth-out protected employes would fill the blankable vacancies, the first employe having an election in both cases. (* Applicable to both Subsections (a) and (b) of Section I, Article IV). ARTICLE IV. Section l(b) EXAMPLE: A protected brakeman stands to be called for blankable vacancy "A" from the first-out position on the extra board at 6:00 AM. The employe is withheld from vacancy "A" for must-fill vacancy "C" for approximately 11:30 AM. The employe is then used in emergency when unforeseen must-fill vacancy "B" appears at 7:30 AM, account no other extra brakeman available. Under the provisions of Section l(b), Article IV, the employe would be paid the earnings of vacancy "B" on which worked in emergency and also paid the earnings of vacancy "A" for which the employe stood at 6:00 AM. Q 1 When a protected brakeman is held for a known must- fill vacancy and other extra employes subsequently become available on the extra board, who can protect such vacancy or vacancies, will the held brakeman be released and returned to the extra board? A No, the held brakeman will be handled on the basis that the vacancy for which held did not materialize. Q 2 How long may a protected brakeman on the road extra board be held for a must-fill vacancy? A A protected extra brakeman may be held from the time a known vacancy exists until such vacancy is fulfilled or the brakeman is released therefrom. A protected extra brakeman will not be held for a must-fill vacancy unless, at the normal calling time of the position from which withheld, the extra board is exhausted. In any event, a protected extra brakeman held for a must-fill vacancy shall not lose any earnings that ·such brakeman would have otherwise accrued had such brakeman not been held. Q 3 There is a must-fill vacancy in road service and a must-fill vacancy in yard service with the same on-duty time. On which vacancy would the first-out employe on a combination road/yard extra board be used?· A The first-out employe would have an election. Q 4 There is a must-fill vacancy in road service and a blankable vacancy in yard service, or vice versa, with the same on-duty time and the first-out employe on the combination extra board is protected. On which vacancy will the protected employe be used? A On the must-fill vacancy. Q 5 There is a blankable vacancy in yard service and a blankable vacancy in road service with the same on-duty time and the first-out employe on the combination extra board is protected. On which vacancy will the protected employe be used? A The first-out protected employe will have an election. ARTICLE IV. Section 2(b). Q If the most junior employe cannot be contacted, will such employe be penalized or disciplined? A No, such employe would not be available in the circumstances. ARTICLE IV. Section 2(c). Q 1 Is it the intent to reduce a standard crew at the away-from-home terminal when such crew is called for a train only requiring a reduced crew, by deadheading the second brakeman home? A No, the second brakeman will remain with the crew, except under conditions stated herein. Q 2 A brakeman is not available to step up from a following turn at the away-from-home terminal. Hay a brakeman on a preceding turn be held for a must-fill vacancy on a following turn? A A brakeman will not be held to fill a following must-fill vacancy if the vacancy can otherwise be filled under existing Schedule Rules. However, if held under conditions where no other brakeman is available, such brakeman may not be held longer than the first pool crew immediately following. A regular brakeman who is held to fill a must-fill vacancy on an immediately following turn will be restored to his regular crew at the home terminal. The employe will be paid not less than the earnings of his crew from the time removed until restored thereto. (Held time accruing to such brakeman will not be used as an offset.) An extra brakeman at the away-from-home terminal is filling a vacancy of a regular brakeman and is held for a must-fill vacancy on a turn immediately following. The extra brakeman‘s pay will commence at the on-duty time of the crew from which withheld and will continue until initial terminal time starts for the crew for which held. Such payment will be made at the pro rata basic rate. The payment will be separate and apart from earnings of the crew on which worked. Q 3 Under what conditions would a reduced crew out of the away-from-home terminal be returned to the home terminal as a standard crew? A As provided in Article II. ARTICLE V – RADIOS. Section 2(b). Q 1 will the engine radio and/or the caboose radio be classed as the portable radio for the brakeman/yardman and the conductor/foreman on a reduced crew? A No. Q 2 ·Is it fully understood that no reduced road/yard crew will be operated on any seniority district unless all members of the crew have operable portable radios? A Yes. Q 3 If the portable radio fails enroute, will the crew continue to its terminal? A Yes. ARTICLE VII SPECIAL ALLOWANCE and ARTICLE VIII PRODUCTIVITY FUND. Q I Where a reduced crew performs combination deadhead- service, or service-deadhead, would such crew qualify for the special allowance and deposit made to the Productivity Fund? A Combination deadhead-service, or. service-deadhead, will be treated the same as service trips in applying the special allowance and deposit to the Productivity Fund. Q 2 Do the special allowance and the Employes' Productivity Fund payment apply to held time, runarounds, deadheads, call and release (no work performed), guarantee~, holiday pay when service not performed on holiday, personal leave pay, vacation pay, penalty days paid due to violation of agreement rules, and the like? A No. These payments cover road service trips and yard tours of duty actually worked where the additional responsibility in working with a reduced crew is involved. Q 3 Does a reduced crew that is called on duty, performs service (work), and is subsequently released, qualify for the special allowance? A. Yes, because service (work) was actually performed as a reduced crew and will be credited as a tour of duty for ·the purpose of the Productivity Fund. Q 4 In reference to the preceding question, the crew performs no service but qualifies for the payment prescribed in the Schedule Rules. A The crew would not qualify for the special allowance because no service (work) was performed. Q 5 Will a compensable relief deadhead trip made by an employe (single individual) be taken into account as a credit share in the Productivity Fund? A No, only where such trip is made with a crew in lieu service (work) trip. Q 6 Are the number of days not worked while protecting the extra board credited to the employe for the purpose of sharing in the Fund? A No, only actual service in freight or yard will be credited. Q 7 Will employes working single assignments share in the Productivity Fund? . A Yes, but they do not receive the\special allowance. Q 8 Under Article III, Sections l(a) and (b) of the June 25, 1964 National Agreement, Manning Self-Propelled Machines, do the reduced crew conditions apply? A No. See Answer to Question 7. ARTICLE IX PERSONAL LEAVE. Q 1 In the year 1980 an employe with a seniority date of November 28, 1965 will have fifteen years’ seniority. Will the employe be eligible for eight days’ personal leave in 1980? A Yes. Q 2 In reference to the above, if the employe took one or more personal leave days prior to November 28, 1980 (anniversary date), then would the employe be eligible for only six days in 1980? A No, except that two additional days could not be taken until after November 28, 1980. Q 3 An employe has twenty-three years of service which includes five years in a craft other than trainmen. Does this make the employe eligible for ten personal leave days? A No, the years of service must be in the craft of conductor/brakeman/yardman. Q 4 A trainman holding a regular position /in through freight service requests four personal leave days. The employe's regular turn is called for 11:00 PM on the/1st. When do the/personal/leave days start? , , A, 12:01 AM, the/1st. Q 5 In reference to the above, the employe's regular assignment is again called on duty at 8,:00 PH on the 4th. Does this mean the employe cannot return to work on regular assignment because personal leave days are not up until 12:01 AM on the 5th? A Yes. Q 6 May an employe request four personal, leave days and after two days are taken, request to go back to work and be charged with only two personal leave days? A No, once personal leave days are granted, they cannot be cancelled by either the employe or the Carrier. Q 7 Would an employe in yard service or road service covered by Holiday Pay Rules be entitled to personal leave days? A No, as long as such employe remains in yard service or on a road assignment qualifying for holiday pay. Q 8 Is an employe who starts personal leave “off until reports?" A No, such employe is due back on the day following last day of the personal leave absence, unless arrangements are made for further absence. Q 9 Does the car increment rate apply when an employe is being paid a basic day for personal leave if the last service was through freight at the 126-car rate? A No, payment will be made at the basic rate of the last service performed for each personal leave day or days. Q 10 Is a personal leave day to be counted as a qualifying day for vacation purposes? A Yes. Q 11 Is personal leave subject to advance approval by appropriate Carrier officer or his designated representative? A Yes. Q 12 If a twenty-year employe received holiday pay (or could have but did not qualify due to unavailability on qualifying day or days) on New Year's Day, Washington's Birthday, and Good Friday, and the remainder of the year "works in freight service on which holiday ' pay does not apply, how many personal leave days would be due? A The employe would be eligible for seven personal leave days but would not be eligible for holiday pay the remainder of the year if the employe took the seven days as personal leave. In no case may such individual take more than a total of ten days in any combination of holiday pay and personal leave. Q 13 Are the personal leave day or days intended to commence on a day when the employe would otherwise stand to work? A Yes. Q 14 A personal leave vacancy is a "blanked" vacancy. Does this mean such vacancy is not to be filled? A The vacancy need not be filled unless it is a "must-fill" vacancy. PART THREE Section 1. The provisions of this Agreement shall not apply in Full Crew Law States where crew consist is contrary to the reduced crew provisions of this Agreement. Section 2. The parties hereto recognize the complexities involved in this Agreement and, in keeping with its intent and purpose and rights and responsibilities of the parties thereunder, arrangements will be made for periodic conferences for the purpose of agreeing on interpretations. It is further agreed that at least for the first year the Agreement is in effect, disputes arising from its application will be handled expeditiously in conference by the General. Chairmen and Directors of Labor Relations. Unless otherwise agreed to, such conferences will be held within thirty days at the request of either party. Section 3 . The terms "brakeman," "yardman," and "foreman" as used in this Agreement serve the purpose of identifying a craft or class and are not intended to denote gender. Section 4. This Agreement, initialed at Salt Lake City, Utah, May 10, 1980, shall become effective within thirty (30) days of the date the Carrier is notified by the Organization that the Agreement has been ratified; and will continue in effect until revised or amended by Agreement of the parties, or in accordance with the Railway Labor Act, as amended, and will supersede all other agreements, rules and/or understandings which are in conflict herewith, For the UNITED TRANSPORTATION UNION: /s/ L. L. Nelson General Chairman, UTU C&T (Northwestern District) (SIRR & Oregon Division) /s/ L. L. Nelson General Chairman, UTU S Spokane International Railroad /s/ K. B. Palfreyman General Chairman, UTU C&T (South-Central District) (Salt Lake-Los Angeles) /s/ F. J. McCarty General Chairman UTU T (Salt Lake-Butte-Granger-Huntington) /s/ K. B. Palfreyman General Chairman, UTU C (Salt Lake-Butte-Granger-Huntington) /s/ F. J. McCarty General Chairman, UTU T (The OUR&D Company) APPROVED: /s/ F. D. Tuffley Vice President United Transportation Union For the UNION PACIFIC RAILROAD COMPANY: /s/ Alden Lott Director of Labor Relations (South-Central & Northwestern Dists.) (California, Utah & Idaho Divisions) /s/ J. E. Cook Director of Labor Relations (Northwestern District) (Oregon Division) OGDEN UNION RAILWAY & DEPOT COMPANY: /s/ R. E. Irion Vice President SPOKANE INTERNATIONAL RAILROAD COMPANY /s/ J. E. Cook Director of Labor Relations Signed at Boise, Idaho September 9, 1980, to become effective September 15, 1980 MEMORANDUM AGREEMENT The parties entered into a Crew Consist Agreement effective September 15, 1980. That is a multi- party agreement involving General Chairmen representing the territories Salt Lake – Butte - Granger - Huntington and 'Salt Lake - Los Angeles, as well as the Northwest District - Oregon Division of the Union Pacific Railroad. The Carrier and the Committee representing the Northwest District Oregon Division have now entered into Agreements modifying the 1980 Crew Consist Agreement, effective on the various Seniority Districts of the Oregon Division. The parties recognize the need to provide for dispute resolution that results in similar rule interpretation on all areas covered by the basic Crew Consist Agreement of 1980; however, the Oregon Division has expressed concern that should language from any of it's Modified Crew Consist Agreements be adopted on other Districts, it would be forced to adopt interpretation to which it was not party, or an arbitrated decision without the opportunity to participate in the argument. The Carrier recognizes that the Oregon Division Committee negotiated it's Modified Crew Consist Agreement independently of the other Districts and agrees to give third party notice to the Oregon Division General Chairman of any case that is scheduled for arbitration with other parties signatory to the September 15, 1980 Agreement, which seeks to interpret that Agreement or amendments thereto. Decisions rendered on those other Districts without the participation of the Oregon Division Committee, unless participation is declined, will not be cited or referenced by the parties in adjudicating a dispute over interpretation of the Oregon Division Crew Consist Modification Agreements. Signed this 6th day of December, 1989, at Portland, Oregon. UNITED TRANSPORTATION UNION /s/ L. L. Nelson General Chairman, UTU (C&T) UNION PACIFIC RAILROAD COMPANY /s/ W. S . Hinckley Director Labor Relations MEMORANDUM AGREEMENT The parties have entered into Modified Crew Consist Agreements covering all Seniority Districts on the Oregon Division. These Agreements modify the basic Crew Consist Agreement effective September 15, 1980. The Carrier recognizes the commitment made by the UTU (C&T), Oregon Division in being the first complete General Committee to enter into a Modified Agreement on the former Union Pacific Territory. It is not the intent of the Carrier to put the Oregon Division Committee at a disadvantage by being the first to complete negotiations on this issue. The Carrier agrees to enter into an Agreement with the Organization to update the current Modified Crew Consist Agreements based on provisions of similar Modified Crew Consist Agreements that are negotiated at a later date on former Union Pacific Territory. Any update is based on the Agreements being equal in all respects except for benefits allowed. Example: Another General Committee decides to not agree to waiving the step rate provisions for post October 31, 1985, employees and elects to have their productivity fund adjusted accordingly. This would not be an equal agreement, but would reflect a trade off of benefits. The parties do agree to review any trade-off of benefits agreements and agreements that go beyond the current Modified Crew Consist Agreements. If both parties are agreeable, negotiations will be entered into to explore possible changes in work rules. In any case, the Carrier is committed to give the Oregon Division Committee the opportunity to negotiate equalization of their Modification Agreements should future developments on other Districts of the Union Pacific appear more desirable. Signed· this 6th day of December, 1989, at Portland, Oregon. UNITED TRANSPORTATION UNION /s/ L. L. Nelson General Chairman, UTU (C&T) UNION PACIFIC RAILROAD COMPANY /s/ W. S . Hinckley Director Labor Relations Side Letter Agreement Article II, Section l(b) Crew Consist Agreement Car Limit Exception. Trains of seventy-two to one hundred -twenty-one cars and not exceeding 6,840 feet in length, including caboose(s), such as unit trains (empties in connection with unit trains), piggyback, grain, coal, ore, gravel, mail trains, and through freight (combination commodity) trains operated from terminal to terminal intact without picking up, or setting out (except bad order cars from their own train), or doing switching enroute, may be operated with one conductor and one brakeman. However, a reduced crew of one conductor and one brakeman will not be used on such trains when protected employes are available at the location of the protecting extra boards or when a protected employe has exercised seniority to the blankable (blanked) second brakeman position on the crew handling such trains. NOTE: Any such trains required to pick up, set out (except bad order cars from their own train), or perform switching enroute will entitle the second brakeman who stood for the work payment of all time lost had such brakeman worked the second brakeman position in addition to all other earnings. Also, the conductor and brakeman on such train would be paid the special allowance and the Productivity Fund would be credited. Interpretation (Car Limit-Exception) Q. Does this restriction also apply within the initial or final terminal? A. No, this will not affect the rights granted the Carrier under Article IX of the January 27, 1972 National Agreement, as amended. Effective this 15th day of November, 1980 For the UNITED TRANSPORTATION UNION: /s/ L. L. Nelson General Chairman, UTU C&T (Northwestern District) (SIRR & Oregon Division) /s/ L. L. Nelson General Chairman, UTU S Spokane International Railroad /s/ K. B. Palfreyman General Chairman, UTU C&T (South-Central District) (Salt Lake-Los Angeles) /s/ F. J. McCarty General Chairman UTU T (Salt Lake-Butte-Granger-Huntington) /s/ K. B. Palfreyman General Chairman, UTU C (Salt Lake-Butte-Granger-Huntington) /s/ F. J. McCarty General Chairman, UTU T (The OUR&D Company) For the UNION PACIFIC RAILROAD COMPANY: /s/ Alden Lott Director of Labor Relations (South-Central & Northwestern Dists.) (California, Utah & Idaho Divisions) /s/ J. E. Cook Director of Labor Relations (Northwestern District) (Oregon Division) OGDEN UNION RAILWAY & DEPOT COMPANY: /s/ R. E. Irion Vice President /s/ Alden Lott Director of Labor Relations SPOKANE INTERNATIONAL RAILROAD COMPANY /s/ J. E. Cook Director of Labor Relations UNION PACIFIC RAILROAD COMPANY June 10, 1981 LR 013-36-46 Mr. L. L. Nelson General Chairman, UTU C&T 936 SE Ankeny Street Portland, Oregon 97214 Dear Mr. Nelson: This has reference to our various conversations concerning Section 2(c) of Article IV of the Crew Consist Agreement, which reads as follows – "(c) Must-Fill Vacancy at Far Terminal.. At the away-from-home terminal where a protecting extra' board is not maintained, if there Is a known must-fill brakeman's vacancy in the first-out pool freight crew, a brakeman from the following turn will be stepped up to the must-fill vacancy in accordance with existing Schedule Rules and returned to his regular turn upon arrival at the home terminal. In all cases, the employe shall be paid as per existing Schedule Rules. (Intpns. Page 22)." and Questions and Answers 1, 2 and 3 of the Interpretations dated at Salt Lake City on June 27, 1980 reading -- “Q 1 In reference to Interpretations, page 22, will the senior brakeman member of the crew be stepped up and the Junior member of the crew be held back? "A Yes. “Q 2 When one member of the crew is an extra man, will the regular man be treated as senior? “A Yes, the regular man would be entitled to be stepped up and the extra man held back. “Q 3 If both are extra employes, how will they be treated? "A Seniority will govern." Pursuant to your request, it is agreed that in the application of Section 2(c) and the Questions and Answers thereunder, the senior employe who is susceptible to being stepped up will be given an option and if he elects not to be stepped up, the junior brakeman member of the crew will be stepped up instead. If this conforms to your request, please sign and return the original and one copy of this understanding and the arrangement will be placed into effect. Yours truly, /s/ J. E. Cook ACCEPTED: /s/ L. L. Nelson General Chairman, UTU C&T SUPPLEMENTAL AGREEMENT between the UNION PACIFIC RAILROAD COMPANY Ogden Union Railway & Depot Company Spokane International Railroad and the UNITED TRANSPORTATION UNION (C), (T) & (S) (CREW CONSIST) IT IS HEREBY AGREED: The signatory parties hereto agree that Section 4, PART THREE, of the Crew Consist Agreement signed at Boise, Idaho, September 9, 1980 (to become effective September 15, 1980) is hereby amended and changed to read as follows; and shall henceforth constitute a substituted provision of that Agreement: "Section 4. The parties to this Agreement shall not serve nor progress, prior to the attrition of all protected employes, any notice or proposal for changing the provisions of this Agreement governing (1) pure attrition, (2) protected employes, (3) car limits and train lengths, (4) special allowance payments to reduced crew members, and (5) employe productivity fund deposits. "This Section will not bar the parties from making changes in the above provisions by mutual agreement. "Section 5. This Agreement shall be construed as a separate Agreement by and on behalf of each of the listed Carriers and their employes represented by ,the Organization signatory hereto. It shall be effective September 15, 1980 and, except for the exclusions set forth above, will continue in effect until revised or amended by Agreement of the parties, or in accordance with the Railway Labor Act, as amended, and will supersede all other agreements, rules and/or practices which are in conflict herewith." Signed at Las Vegas, Nevada, this 9th day of October, 1980. For the UNITED TRANSPORTATION UNION: /s/ L. L. Nelson General Chairman, UTU C&T (Northwestern District) (SIRR & Oregon Division) /s/ L. L. Nelson General Chairman, UTU S Spokane International Railroad /s/ K. B. Palfreyman General Chairman, UTU C&T (South-Central District) (Salt Lake-Los Angeles) /s/ F. J. McCarty General Chairman UTU T (Salt Lake-Butte-Granger-Huntington) /s/ K. B. Palfreyman General Chairman, UTU C (Salt Lake-Butte-Granger-Huntington) /s/ F. J. McCarty General Chairman, UTU T (The OUR&D Company) APPROVED: /s/ F. D. Tuffley Vice President United Transportation Union For the UNION PACIFIC RAILROAD COMPANY: /s/ Alden Lott Director of Labor Relations (South-Central & Northwestern Dists.) (California, Utah & Idaho Divisions) /s/ J. E. Cook Director of Labor Relations (Northwestern District) (Oregon Division) OGDEN UNION RAILWAY & DEPOT COMPANY: /s/ R. E. Irion Vice President SPOKANE INTERNATIONAL RAILROAD COMPANY /s/ J. E. Cook Director of Labor Relations UNION PACIFIC RAILROAD COMPANY January 11, 1990 380.10-4 Mr. L. L. Nelson General Chairman UTU (C&T) 936 S. E. Ankeny street - Suite F Portland, Oregon 97214 Dear Sir: This concerns our discussions of application of Article IX - Personal Leave of the basic Crew Consist effective September 15, 1980. The parties agreed in Side Letter E30 of the Modified Crew Consist Agreement effective December 21, 1989, covering the Oregon Second/Third Seniority Districts that the restrictions imposed by the 1980 Crew Consist Agreement in the application and utilization of Personal Leave are no longer valid under the various Crew Consist Modification Agreements and that Personal Leave could be amended. To coordinate all Seniority Districts, it was agreed that the Oregon First, Fourth/Fifth Seniority Districts and the Spokane International Trainmen, Regular and Extra, holding Personal Leave Entitlement under Article IX of the September 15, 1980 Agreement may request a paid personal leave day(s) to be deducted from their allotment when laying off. The employee will no longer need to wait for his/her train to be called as provided in the September 15, 1980 Agreement. Extra men shall be paid in accordance with the provisions of the Guaranteed Extra Board Articles of the Modified Crew Consist Agreement. Regular men shall be paid in accordance with existing rules. Example 1: An Extra man standing third out on the Board requests two (21 personal leave days at 10:00 AM on Monday. 'The employee is placed on personal leave (service permitting) and at 10:00 AM on Wednesday is placed to the foot of the Board. Example 2: A Regular Pool Freight employee standing fourth out requests one (1) personal leave day at 10:00 AM on Monday. The employee is placed on personal leave (service permitting) and at 10: 00 AM on Tuesday is marked back up for service. If his turn is out or called when he is marked up, he will rejoin his assignment upon it's return to the Home Terminal. The employee will not be available for call until 10:00 AM on Tuesday. If the foregoing correctly sets forth the understanding reached in conference, please affix your signature below. Yours truly, /s/ W. S. Hinckley Director Labor Relations AGREED: /s/ L. L. Nelson General Chairman – UTU (C&T) SIGNATURES NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT
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