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1980 CREW CONSIST AGREEMENT

Year: 1980
Download: Download PDF File
Type:
  • Agreement
  • Agreement / Crew Consist Agreements
Carrier:
  • UP
Craft:
  • Yardmen
  • Trainmen
District:
  • Eastern
  • Eastern / Portland Hub Zone 3
  • Northwest (Portland Hub Zone 1 & 2)
  • Northwest (Portland Hub Zone 1 & 2) / 1st District
  • Northwest (Portland Hub Zone 1 & 2) / 2nd District
  • Northwest (Portland Hub Zone 1 & 2) / 3rd District
  • Northwest (Portland Hub Zone 1 & 2) / 4th District
  • Northwest (Portland Hub Zone 1 & 2) / 5th District
Geography:
  • Idaho
  • Oregon
  • Washington
Union:
  • SMART-TD
Class of Service:
  • Road
  • Yard
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)


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