Description:
AGREEMENT Between UNION PACIFIC RAILROAD COMPANY And The UNITED TRANSPORTATION UNION (C&T)
Effective December 1, 1988, it is agreed the basic Crew
Consist Agreement between the parties dated September 15, 1980,
is amended as follows for the territory Hinkle North (Fourth and
Fifth Seniority Districts and Spokane International).
ARTICLE I
CREW CONSIST
(1) The basic crew consist for all crews operated on the
territory north of Hinkle shall be one (1) conductor/foreman and
one (1) brakeman/helper, subject to the provisions of Article VI. (2) There shall be no car count or train length limitations
in the operations of trains with crews of one conductor/foreman
and one brakeman/helper.
ARTICLE II
SEPARATION ALLOWANCE
(1) Beginning November 1, 1988, the Company will solicit
for a period of thirty (30) days voluntary separation requests
from eligible employees. The amount of the separation allowance
shall be an amount equal to the greater of the employee I s
earnings on the territory Hinkle North during either the 1986 or
1987 calendar years, subject to all applicable taxes . There
shall be a $25,000 minimum separation allowance (subject to all
applicable taxes). (2) Under this Article II, an employee eligible for a
separation allowance is an active or furloughed employee holding
seniority on the territory north of Hinkle, and who is a
protected employee under the basic crew consist agreement
effective September 15, 1980. (3)(a) Eligible employees applying for the separation
allowance under (1) above may elect to receive the allowance in
one lump sum payment or elect to receive it in four (4) equal
amounts over a two (2) year period. (b) Any employee who wishes to accept the separation
allowance in four (4) equal amounts must give the designated
officer notice when making application.
ARTICLE III
GUARANTEED EXTRA BOARD
(1) Existing extra boards shall be replaced and Guaranteed
Combination Road Yard Extra Boards shall be established. (2) The guaranteed mileage on these Guaranteed Extra
Boards shall be the equivalent of 1700 miles per pay period at
the Conductor's Traveling Switch Engine rate of pay. Guaranteed
Extra Board pay will be prorated for days the employee is on the
Guaranteed Extra Board. (3) Payment of the guarantee shall be made in the payroll
half following the payroll half in which the guarantee payment
was incurred. (4) The Reserve Board as provided for in Article IV of
this Agreement will not be used to supplement the Guaranteed
Extra Boards. (5)(a) The Carrier shall regulate the number of employees
on the Guaranteed Extra Boards, but the carrier shall ensure
that a sufficient number of employees are on the Boards to
protect the service and to allow for reasonable layoffs.
Employees recalled from furlough or used in emergency service
while furloughed will create a position(s) on the board for a
period of seven (7) days. (b) After 120 days, the parties shall make the initial
adjustments in the Guaranteed Extra Boards. Adjustments may be
made earlier by mutual agreement. If a Guaranteed Extra Board
is reduced on the initial . adjustment, the number of Guaranteed
Extra Board employees who were working on June 1, 1988, who are
reduced shall be added to the Reserve Board at the location of
the Guaranteed Extra Board. The minimum number of Reserve Board
positions will increase accordingly. (c) Local Chairmen and Carrier Representatives will
meet, if requested by either party, after the Guaranteed Extra
Boards have been placed into operation to discuss all problems
and will work to solve any problem that may exist. (6)(a) All earnings received by an employee assigned to a
Guaranteed Extra Board will be used in computing the employee's
guarantee. Such computations will not include non-taxable
income such as meal, lodging and personal auto mileage payments.
A Guaranteed Extra Board employee standing first out who lays
off on call, misses call or is not available for call will have
the guarantee reduced by the amount he would have earned had he
not laid off on call, missed call or not been available for
call, with a minimum reduction of one guaranteed day. (b) An employee ,"ho misses a call as a result of another
Guaranteed Extra Board employee laying-off on call, missing call
or not available for call when that other Guaranteed Extra
Employee is first out or an employee who lays off when other
than first out will have his guarantee reduced by one (1) day
for each 24-hour period or portion thereof. (c) The guarantee reductions shall not apply for absences
due to Bereavement Leave, Personal Leave Days, Vacations,
Rules Classes, Jury Duty, Physical Examinations or other
instances where the employee is held at the instruction of the
carrier. ARTICLE IV
RESERVE BOARD (1) The Carrier shall establish Reserve Board(s) for
Employees working on the territory north of Hinkle and who are
protected under the basic Crew Consist Agreement effective
September 15, 1980, subject to the following conditions: (a) An employee on the Reserve Board shall be paid
whichever is the greater of the following two options: (i) 70% of the basic yard helper's rate for five days
per week; or, (ii) 70% of the employee's earnings on this territory
during the calendar year 1986 or 1987, whichever
is greater. (iii) No other payments shall be made to or on behalf
of an employee on the Reserve Board except for
payment of premiums under applicable health and
welfare plans. No deductions from pay shall be
made on behalf of a Reserve Brakeman/Switchman
except for deductions of income, employment or
payroll taxes (including railroad retirement
taxes) pursuant to federal, s tate or local law,
deductions of dues pursuant to an applicable
union shop agreement and any other deductions
authorized by agreement; and, any other legally
required deduction. Employees assigned to the
Reserve Board shall be eligible for the carrier.'s
Tuition Aid Program. (b) An employee placed on the Reserve Board shall remain
in that status until: (i) The employee is discharged from employment by the
Carrier in accordance with the applicable discipline
rules. (ii) The employee resigns from the Carrier's employment. (iii) The employee is recalled to active service. Such
recall shall be in reverse seniority order in
accordance with Paragraph (c) of this Article IV. (iv) The employee is placed in a furlough status
because of a reduction of assignments. For
example, if the number of jobs is reduced from 10
to 9, the employees whose assignment is reduced
shall have a free exercise of seniority.
Seniority displacements shall continue until the
junior employees are furloughed, only if there
are no vacant positions on the Reserve Board. (v) The employee exercises seniority in accordance
with Paragraph (1) of Article VII of this Agreement. (vi) The employee exercises seniority in accordance
with Paragraph (2) of Article VII of this Agreement.
Any employee so exercising seniority
cannot return to the Reserve Board until the next
"Sadie Hawkins Day" unless the employee is
displaced or a vacancy occurs on the Reserve
Board. (c) Employees on the Reserve Board must maintain their
work proficiencies while in such status, including successfully
completing any retraining or refresher programs the Carrier may
require and passing any tests or examinations (including physical
examinations) administered for purposes of determining
whether such proficiencies have been maintained. Employees on
the Reserve Board must hold themselves available for return to
service upon thirty (30) days' notice (Reserve pay shall continue
for only seven (7) days) and must return to service in
compliance with such thirty (30) days' notice. Failure to
comply with any of these requirements will result in forfeiture
of all seniority rights. Employees will be recalled from the
Reserve Board to protect their Seniority District only and will
not be forced to other Seniority Districts . It is recognized
that employees on the Fourth and Fifth Districts have prior
rights and these prior rights will be recognized in the
application of the foregoing. (d) Other employment while on the Reserve Board is
permissible so long as there is no conflict of interest. There
shall be no offset for outside earnings. (e) Vacation pay received while on the Reserve Board
will offset pay received under Paragraph 1 (a) . Time spent in
reserve status will not count toward determining whether the
employee is eligible for vacation in succeeding years. It will
count in determining the length of vacation to which an employee,
otherwise eligible, is entitled. (f) Employees on the Reserve Board are not eligible for
Holiday Pay, Bereavement Leave, Jury Pay, and all other similar
special allowances. (g) Employees on the Reserve Board are covered by Health
and Welfare Plans, Union Shop, Dues Check-Off, Discipline Rules
and the Grievance Procedures that are applicable to employees in
active service. (h) An employee on the Reserve Board who is eligible for
a full annuity under the Railroad Retirement Act shall continue
to be eligible for the Reserve Board except that in addition to
other authorized deductions there also shall be deducted the
amounts the employee could have received from Railroad Retirement. (i) It is understood that furloughed employees who are
"protected" employees under the basic Crew Consist Agreement
shall be eligible to place on the Reserve Board upon recall,
seniority permitting. (j) It is understood the Reserve Board will not operate
when all protected employees on the appropriate Seniority Roster
on the date of this Agreement are placed on either a Guaranteed
Extra Board position or a regular job. (k) Reserve Boards shall be established at the following
locations: Spokane, Washington
Walla Walla, Washington (1) The maximum number of Reserve Board positions at
each location shall be determined as follows: The total number
of employees holding regular or extra board positions at that
location on June 1, 1988, less the number assigned to conductor/foreman
or first brakeman/helper positions and to Guaranteed
Extra Board positions at that location when this agreement is
implemented and less the number of employees working on June 1,
1988, receiving a separation allowance as provided for in
Article II of this Agreement.
ARTICLE V
PRODUCTIVITY FUND/SPECIAL ALLOWANCE
(1) For each tour of duty or trip operated on the territory
north of Hinkle with a crew consist of one (1) conductor/foreman
and one (1) brakeman/helper over the number of
employees on the Reserve Board, the Company will pay into the
appropriate Employee's Productivity Fund the sum of $53.25. For
example, if there were 10 local and extra assignments, yard
jobs and pool turns, and 10 employees on the Reserve Board, no
payments would be made. If there were a total of 10 local
and extra assignments, yard jobs and pool turns, and 5
- 5 -employees on the Reserve Board, payments would be made into the
Employee's Productivity Fund for 5 local and extra assignments,
yard jobs and pool turns on a tour of duty/trip basis in
accordance with the basic Crew Consist Agreement. (2) The Productivity Fund payments will be made in
accordance with the basic Crew Consist Agreement. (3) The Special Allowance payments provided for in the
basic Crew Consist Agreement shall apply to crews operated with
one (1) conductor/foreman and one (1) brakeman/helper under this
Agreement.
ARTICLE VI
IMPLEMENTATION
(1) (a) Prior to December 1, 1988, the Carrier shall
bulletin to employees under this Agreement the opportunity to
select one of the following options: regular job, Guaranteed
Extra Board or Reserve Board. (b) Assignments to positions shall be made by seniority
preference. It is understood all regular must-fill jobs and
Guaranteed Extra Board positions must be filled initially by
working employees as provided by schedule rules. (c) The Carrier shall have the right to blank one second
brakeman/helper assignment for each regular-assigned (not
including extra board) employee selecting the Reserve Board
option. As the Reserve Board(s) are attrited, crew consist
requirements shall be governed by Article I of this Agreement. (2) The carrier will not reduce the number of positions
below the June 1, 1988 levels as a result of implementation of
this agreement. Employees may be furloughed as a result of a
subsequent reduction in the number of regular jobs and
Guaranteed Extra Board positions except as provided in Article
III, Section 5(b). (3) The total number assigned to the "Guaranteed Extra
Board" will be determined and agreed upon by the Director of
Labor Relations and the General Chairman.
ARTICLE VII
VACANCIES
(1) (a) When permanent vacancies occur on a regular must
fill job, (conductor/foreman and first brakeman/helper positions),
Guaranteed Extra Board position or Reserve Board,
employees may elect, by seniority option, to fill the vacancy.
If the vacancy is not filled, it will be filled by the recall of
a furloughed employee. If the vacancy is filled, the
resulting vacancy will be processed immediately following the
above-described procedure. This process will continue until a
furloughed employee is recalled. If no furloughed employee is
available, the junior employee among those holding second
brakeman/helper positions and the Reserve Board at that Reserve
Board location will be assigned. If no such employee is
available, the junior employee for that prior rights territory
among those holding second brakeman/helper positions or the
remaining Reserve Board will be assigned. The application
process, rather than bulletins, shall be used to fill these
vacancies. (b) Employees recalled from the Reserve Board shall have
the right to expercise their seniority and take any position held
by an employee with less seniority . (c) No temporary vacancies on any blankable second
brakeman/second helper position to which an employee is
regularly assigned shall be filled . (2) For eligible employees on the territory north of
Hinkle, there shall be a so-called "Sadie Hawkins Day" each
June 1 and December 1. The "Sadie Hawkins Day" shall operate
only for employees wishing to exercise seniority to or from a
Reserve Board. Local Chairmen will work with Carrier "representatives
in the implementation of "Sadie Hawkins Day . " It is
understood that an employee on one Reserve Board may not place
on another Reserve Board, unless displaced.
ARTICLE VIII
GENERAL
(1) Nothing in this Agreement is intended to modify or
supersede the Basic Crew Consist Agreement of September 15,
1980, and the Crew Consist Agreements of August 25, 1964, and
March I, 1968, or the UTU(C&T) Schedule Agreement except where
specifically amended by the provisions of this Agreement. ( 2) It is understood this Agreement is not a precedent for
any other negotiation and will not be cited by either party in
any other negotiation. (3) This agreement shall become effective and will continue
in effect until revised or amended by agreement of the
parties or in accordance with the Railway Labor Act. Signed at Portland, Oregon, this 28th day of October, 1988.
FOR THE ORGANIZATION
/s/ L. L. Nelson
General Chairman
/s/ L. D. McKillip
Local Chairman (4 th Dist.)
/s/ E. R. Kirby
Local Chairman (5 th District – Spokane International) FOR THE CARRIER:
/s/ W. S. Hinckley
Director of Labor Relations
/s/ W. E. Naro
Director Employee Relations/Planning
Agreed Upon
Questions & Answers
1. Q. For each buyout accepted under Article II of the
agreement, is the minimum number of Reserve Board
positions reduced on a one-for-one basis? A. Yes, for each active employee working on the territory
covered by this agreement; no, for any furloughed
employee. 2. Q. Does a protected employee, as provided by the basic
crew consist agreement, have the option to place on
either the reserve board or the second brakeman
position? A. Yes, if the employee has the seniority. 3. Q. In the application of Article III, Guaranteed Extra
Board, if the Carrier reduces the Board at the initial
120 day adjustment, would those positions reduced from
the Guaranteed Extra Board be added to the Reserve
Board? A. Yes, if working on June 1, 1988 or covered by Side
Letter 14. 4 . Q. After the initial 120 day adjustment, will the number
of available Reserve Board positions ever fall below
this number? A. No. 5. Q. If the Carrier adjusts the Guaranteed Extra Board
after the initial 120 day adjustment, is the Reserve
Board adjusted accordingly? A. No. 6. Q. What options are available to employees if there are
subsequent reductions in positions?
A. Exercise of seniority as at present. 7. Q. What options are available to eligible employees who
cannot hold a must-fill position, the Guaranteed Extra
Board or the Reserve Board as a result of the reduction
of the number of regular jobs? A. The employee goes furloughed in the same manner as
he/she would before this agreement unless he/she has
rights under the protective provisions of the
August 25, 1964 and March 1, 1968 Crew Consist
Agreements. 8. Q. If an employee is displaced, may he/she displace to a
Reserve Board? A. Yes. 9 . Q. If an employee works part of the year, qualifies for a
vacation and is on the Reserve Board for a part of the
year, is Reserve Board pay included in the computation
of the employee's 1/52 for vacation purposes? A. Reserve Board pay is not counted towards qualifying
for a vacation but will be included in the computation
of their 1/52. 10. Q. If an employee qualifies for vacation but is on the
Reserve Board when it comes time for their vacation,
how will he/she be compensated? A. The employee will receive vacation pay as calculated
under the vacation agreement. The employee will not
receive Reserve Board pay in addition to the vacation
pay. 11. Q. Will the Productivity Fund payments be used as an
offset for any guarantee provisions? A. No. 12. Q. If an employee voluntarily exercises seniority from
the Guaranteed Extra Board to a temporary vacancy, is
the employee entitled to the Guarantee provisions of
Article III of this Agreement? A. No, they have removed themselves from availability on
the Guaranteed Extra Board. #1 Mr. L. L. Nelson
General Chairman, UTU(C&T)
937 S.E. Ankeny Street, Suite 4
Portland, OR 97214
Dear Sir: Paragraph (l)(a)(ii) of Article IV provides an employee
on a Reserve Board shall receive "70% of the employee's earnings
on that territory during the calendar year 1986 or 1987, whichever
is greater" It was agreed an employee's W-2 Form for the appropriate
year would be used to determine the employee's earnings
during that calendar year. It was also agreed that company
records .would have to be utilized for those employees who did not
have all of their earnings on the territory involved. It was further agreed that an employee's time lost for
union business would be included in computing the employee's
earnings. The Organization will furnish the Carrier the necessary
information to determine an employee's time lost for union
business. Finally, the parties agreed a formula was needed for
computing test period earnings for qualified employees who might
be absent for legitimate reasons. The following formula shall be
used for qualified employees who were absent account full time
union work, discharge and reinstated with pay for time lost and
valid medical/health leave: if an employee worked three months
or more during the year in question, the employee's work history
will be used to determine the test period earnings; if the
employee worked less than three months, the average test period
earnings of the two employees immediately senior and the two
employees immediately junior to the employee working in the same
service at the employee's location will be used to determine the
test period earnings. It is understood an absence due to personal
business is not a legitimate reason for purposes of this
paragraph. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#2
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This will confirm our discussions concerning the
modification of the basic Crew Consist Agreement dated
September 15, 1980, as amended, for application on the territory
north of Hinkle, which is to become effective December 1, 1988. (1) There is a concern the Carrier will work jobs,
not as regular assignments, but as extra assignments.
Therefore, it is agreed for each three
extra yard assignments worked during any Sunday-
Saturday week, one furloughed employee will be
added to the Reserve Board in seniority order.
Likewise, it is agreed for each three extra road
assignments (including work trains) worked during
any Sunday-Saturday week, one furloughed employee
will be added to the Reserve Board in seniority
order. Employees so added to the Reserve Board will remain
on the Reserve Board for one Sunday-Saturday
period. This process will be repeated
for each three yard assignments and for each
three road assignments worked during any Sunday-
Saturday period. Whenever an employee has been
added to the Reserve Board in accordance with
this understanding for two consecutive weeks,
another furloughed employee will be added to the
Reserve Board for one Sunday-Saturday period. (2) There is a concern the Carrier will not regulate
the Guaranteed Extra Boards in accordance with
the Modification Agreement. In order to address
this concern, the parties agree the number of
employees initially assigned to the Guaranteed
Extra Boards will not be changed, except by
mutual agreement, for one hundred and twenty
(120) days after the Modification Agreement is
implemented. (3) Penalty claim payments due employees assigned to
a Guaranteed Extra Board will be paid in addition
to the earnings received as a Guaranteed Extra
Board employee. If the foregoing accurately reflects our understandings,
please so indicate by signing in the space provided below,
retaining a copy for your files and returning the original to
this office. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#3
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This will confirm our discussions concerning the
modification of the basic Crew Consist Agreement dated
September 15, 1980, as amended, for application on the territory
north of Hinkle, which is to become effective December 1, 1988. In discussion of the language in paragraph (a) (iii) of
Article IV, it was understood that the phrase "no other payments
shall be made to or on behalf of an employee on the reserve
board .... " would not preclude an employee on the reserve board
from receiving payments on a pending penalty claim. Penalty
claim payments due, if any, will be paid in addition to the
earnings as reserve employee. It was also understood that employees on a Reserve
Board are "in-service employees" and hence are subject to the
same physical examination and rules requirements as other
in-service employees. The Company's requirement that employees
who have been out of service for six months or more must take
physical and rules examinations does not apply to Reserve Board
employees. Furthermore, employees to be examined while on
reserve status will be notified by registered mail sent to their
home address. With respect to the language "failure to comply
with any of these requirements will result in forfeiture of all
seniority rights" -- it was understood that it is the intent of
the parties that reserve status employees will be treated the
same as other employees in active service, i.e., Reserve Board
employees must report for examinations but will not have their
seniority rights terminated for a failure to pass, and failures
to pass will be handled in the usual way. This is not intended
to waive the requirement that Reserve Board employees must take
and pass all required examinations. It is intended to ensure
that Reserve Board employees will be treated the same as other
active service employees. In further discuss ion of Article IV, "Reserve Board",
it was agreed that if the number of regular assignments increases,
the Reserve Board will be increased proportionately;
that is, one additional regular assignment will generate one
additional position on the Reserve Board. If business
decreases, the number of positions on the Reserve Board will
again decrease proportionately back to the level established at
the time of the implementation but will not drop below that
level. Furthermore, in the ebbs and flows of business when the
point in time is reached through attrition that no eligible
employees are on a Reserve Board, the Reserve Board will be
re-established when such employees are reduced off the guarantee
extra boards and off regular assignments. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#4
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: Article VI sets forth the procedures to be followed in
implementing the Crew Consist Modification Agreement and Article
VII sets forth the procedures for filling vacancies after
implementation. However, during our discussions it was your
belief the procedures needed to be set forth in greater detail.
We agreed to the following supplement to these Articles: (1) Under Article VI, Paragraph l(b), employees
holding a regular assignment may not be forced to
the Reserve Board. They may be forced to
must-fill positions or extra boards in accordance
with existing schedule rules. (2) Under Article VII, Paragraph lea), employees
holding an assignment, regular and extra, may not
be forced to the Reserve Board. They may be
forced to must- fill positions. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#5
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to your concern the Crew Consist Modification
Agreement does not adequately provide for continuation of
the moratorium in the September 15, 1980 Crew Consist Agreement. In an effort to alleviate this concern, we agreed to
the following changes in the October 9, 1980 Letter of
Understanding to the basic Crew Consist Agreement: "The parties to this Agreement shall not serve
nor progress, prior to the attrition of all protected
employees, any notice or proposal for changing the
specific provisions of this Agreement governing pure
attrition; protected employees, car limits and train
length (which have been eliminated by the Crew Consist
Modification Agreement), special allowance payment to
reduced crew members, employee productivity fund
deposits (which are now $53.25 for each yard tour of
duty or road freight service trip operated with a crew
of one conductor/foreman and one brakeman/helper) and
administration thereof. "This section will not bar the parties from
making changes in the above provisions by mutual
agreement." Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#6
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This is to confirm our discussions with respect to
your concerns the Carrier will not run reduced crews even when
the Crew Consist Modification Agreement allows the use of
reduced crews. You were advised that the purpose of this agreement
was to work with reduced crews. While there may be instances
where full crews would be needed either because of operational
requirements or a lack of sufficient radios, the carrier would
not arbitrarily run full crews to avoid the payment of the
productivity fund. Nonetheless, in an effort to demonstrate our mutual
good faith on this point, we agreed to the following points: (1) The carrier shall have until February 1, 1989, to
secure a sufficient supply of radios for reduced crew
operations on the territory north of Hinkle (Fourth
and Fifth Seniority Districts and Spokane
International) and after February 1, 1989, members of
a crew under this Crew Consist Modification Agreement
will receive the special allowance payment even if the
Carrier elects to operate the assignment with a full
crew because of insufficient radios. (2) If evidence of abuse developed concerning the number
of full crews operated by the carrier, we would meet
promptly with you to review the matter and resolve the
problem. If the foregoing correctly sets forth the
understanding reached in conference, please
affix your signature in the space provided below. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#7
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This will confirm our discussions concerning the
application of Article III(4) of the Agreement of October 28,
1988. During our discussions of these provisions, it was
agreed that employees assigned to Reserve Boards may make
application for extra work. It, however, was strictly
understood, such employees will be utilized only when all other
steps in the calling procedures have been exhausted. If such
employees are utilized, compensation received by them for such
service will be in addition to their Reserve Board pay. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#8
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This will confirm our discussion of Article 111(6) of
the Agreement dated October 28, 1988. The Carrier's original proposal provided the following
provision: "An employee assigned to a Guaranteed Extra Board
who is unavailable for more than two (2) occurrences
per pay period or who is unavailable for more than
seventy-two (72) combined hours per pay period, will
forfeit his guarantee for that pay period." You took exception to this provision contending the remaining
penalty provisions were sufficient to ensure availability of
employees. It was agreed this language would be deleted. If,
however, abuses developed concerning availability of employees on
the Guaranteed Extra Boards, the parties would promptly meet to
consider solutions to the problem, including adoption of the
above language. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#9
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This is to confirm our discussions concerning the
application of Article IV of the agreement dated October 28,
1988. During our discussions of Article IV, the question
arose as to what would happen if an employee initially elected to
receive 70% of his/her earnings during either the 1986 or 1987
year and, through subsequent wage increases, the 70% of the basic
yard helper's rate of pay became greater. It was understood that an employee is to receive
whichever is the greater of the two options. If the above
situation should occur, the employee's method of compensation
would be changed accordingly. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman #10 Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This is to confirm our discussions concerning the
application of Article IV of the agreement dated October 28,
1988. During our discussions of this Article, the question
arose as to the application of the Reserve Board to the former
Spokane International. It was agreed there would be one reserve board for the
former Spokane International and the Fifth Seniority District.
The number of positions on this board will be based on the
combined operation. They, however, would be apportioned between
prior rights Spokane International and Fifth Seniority District
employees. Thereafter, employees would be assigned based on
their combined seniority. The following example is used for illustration
purposes only: There are 4 jobs on the former Spokane International and 8
jobs on the Fifth District. Because of these 12 jobs, it is
determined that there will be 12 positions on the Reserve
Board. Initially, 8 Reserve Board positions would be
available to Fifth District prior rights employees and 4
positions would be available to Spokane International prior
rights employees. Should these positions not be filled by
prior rights employees they would be assigned based on
combined seniority. Employees being recalled will be recalled in reverse
order of seniority from the Reserve Board. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#11
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This is to confirm our discussions concerning the
application of Article IV (c) of the agreement dated October 28,
1988. During our discuss ions of this Article, the ques tion
arose whether employees on a reserve board would be additionally
compensated for reporting and taking any tests required by the
Carrier. You were advised that it was the Carrier's position the
employee is already being compensated and would not be paid
additionally. You expressed a concern that the Carrier could require
an employee to report for any number of programs and tests that
were not necessary for the employee to maintain his/her work
proficiencies. Under the Carrier's interpretation, the employee
would not be additionally compensated. You were advised that such a scenario was not intended
by the agreement. Employees assigned to reserve boards will not
be called for programs and tests that are not required for the
performance of trainmen/yardmen duties. If problems occur, the parties would promptly meet to
consider solutions to the problem. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#12
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This will confirm our discussions concerning the
modification of the basic Crew Consist Agreement dated
September 15, 1980, as amended, for application on the territory
north of Hinkle. During our discussions of Article III, Guaranteed
Extra Board, the question arose as to how conductor vacancies
would be filled. It was agreed the following procedures will be
followed: (a) The senior promoted brakeman on the job will be
stepped up to the Conductor's assignment. (b) If no promoted brakeman on the job, the job will be
filled by a promoted trainman from the Guaranteed
Extra Board on a strict rotary basis - first in - first out. It was further agreed that employees will be assigned
to the Guaranteed Extra Board without regard to whether they are
promoted conductors. At implementation if the employee is not a
promoted conductor and does not take promotion within 120 days
of being assigned to the Board, the employee's guarantee will be
reduced to the brakeman's basic through freight rate of pay.
Thereafter, if a non-promoted employee is assigned to the board,
he/she will receive the brakeman's basic through freight rate of
pay until he/she takes promotion to conductor. In the same
manner if an employee is a promoted conductor when assigned to
the Board and gives up his/her conductor's date, the employee's
guarantee will be reduced to the brakeman's basic through
freight rate of pay. The carrier will hold conductor's examinations within
120 days of implementation of this agreement and thereafter as
needed to give all eligible employees the opportunity to take
promotion. If the foregoing correctly sets forth the under
standing reached in conference, please affix
your signature in the space provided below. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#13
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This is to confirm our discussions concerning the
modification of the Crew Consist Agreement dated September IS15
1980, as amended, for application on the territory north of
Hinkle. During our discussions of Article IV, Reserve Board,
several questions arose concerning the operation of the Reserve
Board. The number of Reserve Board positions will be determined
by the number of employees holding regular or extra board
positions on June I, 1988, less the number assigned to
Conductor/Foreman or first brakeman/helper positions, Guaranteed
Extra Boards, and those electing to take separation allowances
under this agreement. This will include any reductions in the
Guaranteed Extra Board resulting from the initial adjustment of
the board as provided by Section 5(b) of Article III. Once this
number is established, it will be the minimum number of
positions available on the Reserve Board. While the number of positions on the Reserve Board may
increase as jobs are added above the number of jobs working on
June I, 1988, it will not fall below the number initially
established under Article IV. This number will be temporarily
offset by the number of employees electing to work second
brakeman/helper positions. The number of Reserve Board
positions as initially established under Article IV will remain
in effect so long as there are protected employees who have a
seniority date prior to the effective date of this agreement. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#14
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This is to confirm our discussions concerning the
modification of the Crew Consist Agreement dated September 15,
1980, as amended, for application on the territory north of
Hinkle. During our various discussions of this proposal the
issue was continually raised concerning the number of employees
to be included on the Fifth Seniority District for computation
of the number of reserved board positions to be established.
After having reviewed this matter, I have concluded there is
merit to your position. It was agreed that due to the special circumstances
involved, two additional positions will be added to the June 1,
1988 count for computation of reserve board positions on the
Fifth Seniority District. It further was agreed that the
Carrier would receive credit for these two positions in the
application of Side Letter #2 of this agreement. If the foregoing correctly sets forth the understanding
reached in conference, please affix your signature
in the space provided below. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
#15
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This is to confirm our discussion concerning the
modification of the Crew Consist Agreement dated September 15,
1980, as amended, for application on the territory north of
Hinkle. It was agreed that the carrier would offer to
employees in the affected territory a 401(k) plan subject to the
following conditions: (1) The plan will be consistent with all applicable laws. (2) Employees may elect to participate in the plan but
will not be required to do so. (3) Employees may contribute to the plan by use of payroll
deduction. (4) The annual distribution of the single Productivity
Fund shall be available for contribution to an
employee's 401(k) plan account. Each employee participating
in the plan shall have the option of contributing
his/her Productivity Fund share to the plan or
of receiving his/her Productivity Fund share. (5) The administrative costs of the plan will be borne by
the carrier. (6) The necessary arrangements for establishment and
administration of the Employee's Productivity Fund and
the 401(k) plan in compliance with ERISA and other
legal requirements will be finalized within 120 days
of December I, 1988. If the foregoing correctly sets forth the understanding
reached in conference, please affix your signature
in the space provided below. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
General Chairman
UNION PACIFIC RAILROAD COMPANY
December 6, 1988 Files: 380.10
1940.40-6
Rule 32(b)(4) Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Mr. Nelson: This refers to our discussions concerning the use of
furloughed employes in emergency service. The provisions of the modified Crew Consist Agreement,
Article III Section (5) (a), provide for the creation of a
position on the Guaranteed Extra Board for seven days when a
furloughed employe is used in emergency service or recalled. We
discussed the fact that a senior furloughed employe may be
unavailable for the emergency service the first day but available
the remaining six days. We further discussed the impracticality
of crew callers calling employes for seven days to notify them of
a junior employe working. To provide for work opportunities based on seniority it was
agreed to handle the above situation in the following manner: "When a junior furloughed employe is used in
emergency service due to the unavailability of senior
furloughed employe(s), a notice will be mailed to all
senior furloughed employes advising that a junior
employe is being used in emergency service. Senior
furloughed employes will have a right to displace
junior employes for the remainder of the seven day
period. The Carrier will be responsible for no more than
seven days' pay or guarantee irrespective of how many
employes displace in that period. An employe must
displace prior to 12 noon to receive a guarantee day if
no service is performed by that position on that day." Should this be agreeable to you please sign below, returning
one copy to this office. If the foregoing correctly sets forth the understanding
reached in conference, please affix your signature
in the space provided below. Yours truly,
/s/ W. S. Hinckley AGREED:
/s/ L. L. Nelson
General Chairman, UTU-C&T Applies to Hinkle-Eastport Consolidated Seniority District
(Formerly Fourth and Fifth Seniority Districts Oregon Division) UNION PACIFIC RAILROAD COMPANY June 12, 1989 380.10-4
560.30-6 Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Mr. Nelson: This refers to our discussions concerning Article
III-Guaranteed Extra Boards of the Modified Crew Consist
Agreement effective December 1, 1988. Several employes raised a
concern over the lack of opportunity to move to or from the
guaranteed extra board. Due to the relatively stable number of
positions and the Carrier's control of the number of employes on
the extra board, employes were concerned that upon being placed
on the extra board that they would be frozen there. In order to alleviate this problem on the territory
north of Hinkle, it is agreed to allow an employe a move to or
from the extra board once every six months by notifying the CMS
Director in writing, copy to the Local Chairman, as follows: "In accordance with Letter Agreement effective
February 1, 1989, I desire to relinquish my position
(as an extra board employe) (as a regular assigned
employe) and displace junior employe __________. I
understand that this move may only be used once every
six (6) months and the last time I used this move was
__________. I understand that if I am on a
regular assigned position or pool assignment that I
must remain on the assignment for the life of the
bulletin or until application is received for my
vacancy. This agreement does not prevent the regular movement of
employes when the guaranteed extra board is adjusted or in the
filling of vacancies under other agreement rules. This agreement may be cancelled by either party serving
upon the other party a ten (10) day written notice. " Effective the first day of August, 1989. Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman, UTU C&T UNION PACIFIC RAILROAD COMPANY July 31, 1989 Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: During the First District implementation meeting held
at the Marriott Hotel, Portland, Oregon, on July 13, 1989, the
question was raised that Side Letter #19 permitted Train and Yard
service employees to have an open "bump" or right of
displacement. In other words, it was thought that Side Letter
#19 permitted a regular assigned employee to give up his job and
to displace another regular assigned employee. This is not the
case, as that was not the intent of our understanding. The original concern expressed by you after
implementation of the "Hinkle North" Modification Agreement was
that employees who placed on the Guaranteed Extra Board would be
frozen there. Our understanding was to eliminate that problem,
not to permit regular assigned employees to displace other
regular assigned employees. We did not modify or amend Rule 34
or Rule 60 of the Agreement, effective October 1, 1975, and those
Rules are not changed. In both the Hinkle North Agreement dpted
June 12, 1989 (Carrier File 380.10-4 and 560.30-6) and the Frrst
Districts Side Letter #19, it is intended only to provide a
method of release from the Extra Board . . The example given will
be modified accordingly. If the foregoing correctly sets forth the intent of our
understandings on Hinkle North and the First Seniority District,
please affix your signature in the space provided below: Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman, UTU C&T UNION PACIFIC RAILROAD COMPANY November 17, 1989 Files: 380.10-4
380.65 Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to our discussions concerning the number of
trip credits that should be allocated to employes entitled to
share in the Productivity Fund as provided for by the Crew
Consist Agreement effective September 15, 1980, who are on
Guaranteed Extra, Boards developed through Crew Consist
Modification Agreements. The question was raised when we discovered that actual
trip credits for these employes were often much less than those
of employees assigned to regular jobs. Extra Board employes are
required to stand available for call during the month and some
credit is due for holding themselves available to provide relief
for those regular assigned employes. It is, therefore, agreed
that an employe who is assigned to the Guaranteed Extra Board for
an entire month will be entitled to twenty (20) trip credits for
the month including those earned while actually filling vacancies
from the Extra Board. It will be the responsibility of the employe to file a
trip report on the last day of the month claiming the number of
trip credits they are. short. This will apply only to those who
are assigned for the entire month to the Guaranteed Extra Board
and who have not lost their guarantee for the pay period under
the various layoff/missed call provisions of the Modified Crew
Consist provisions. The trip credits shall not be prorated on a
partial month basis. This Agreement will become effective for
all Guaranteed Extra Boards in operation under Modified Crew
Consist Agreements January I, 1990. If the foregoing correctly sets forth the understanding reached
in conference, please affix your signature in the space
provided below. Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman, UTU (C&T) UNION PACIFIC RAILROAD COMPANY March 23, 1989 380.10-4 Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Mr. Nelson: This refers to our discussions concerning the
assignments on the territory north of Hinkle that operate with
blankable second brakemen/helpers due to the voluntary selection
of those positions by protected employes. In Article VII (1) (c) of the Agreement, it was agreed
that temporary vacancies on these blankable positions would not
be filled. Two similar situations have developed that require
clarification.
(1) A conductor lays off and in accordance with Side
Letter #12, the senior promoted brakeman on the
job is stepped up to the conductor's assignment. (2) The senior brakeman lays off. In each of the above instances, it was the intent of
the parties to not call a brakeman from the extra board to fill
the vacancy. In each case, the second brakeman will fulfill the
crew consist requirements of Article I. Please sign below and return two copies to this office.
Director Labor Relations Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman, UTU C&T UNION PACIFIC RAILROAD COMPANY February 1, 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 refers to our discussions concerning the three
Modified Crew Consist Agreements and the various Articles
covering the filling of vacancies. The Agreements provide for the use of the application
process to fill all permanent vacancies. In previous
understandings, the parties agreed that applications had to be on
file for at least twenty-four (24) hours prior to the vacancy
existing in order for it to be honored in pool-freight service.
The parties agree that this same process applies to all permanent
vacancies. New yard and local assignments, changes in
assignments (rest days, starting times, etc.,) and assignments
that go to and from reduced/full crews will have a notice posted
advising of the details of the assignment as previously required
in the various Agreements. situations have developed where vacancies exist and no
applications are on file. In these instances, it is not
necessary for an applicant to wait twenty-four (24) hours to
place on the vacancy. The first applicant, including an employee
on a bump board, making application shall be assigned to the
vacancy. If the foregoing correctly sets forth the understanding
reached in conference, please affix your signature in the space
provided below. Yours truly,
/s/ W. S. Hinckley AGREED:
/s/ L. L. Nelson UNION PACIFIC RAILROAD COMPANY April 26, 1989 380.10-4 Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Mr. Nelson: This refers to our discussions concerning Side Letter #12
To the modified Crew Consist Agreement for the
Territory north of Hinkle It was the intent of the letter to provide that when
filling an extra crew or filling two vacancies on the same
regular assignment, one of which is a Conductor position, that
the senior employe called for the assignment will be assigned as
a Conductor if the senior employe is a qualified Conductor. Please indicate your acceptance of the above by signing
below and returning one copy to this office. Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman, UTU (C&T) UNION PACIFIC RAILROAD COMPANY June 8, 1990 File: 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 refers to our discussions concerning whether an
employe holding a blankable position may move from
one blankable position to another blankable position. We reviewed Side Letter #10 to the Modified Crew
Consist Agreement effective December 21, 1989, and agreed that
the principles detailed in that letter (Reserve Board to/from
blankable positions) were also applicable to this question. It
is not the intent of the Agreement to provide for movement
between blankable positions on a daily or weekly basis. The
following shall govern the movement of employes between
blankable positions: (1) An employe on a blankable position may make application
to an existing vacant blankable position upon giving
five (5) days notice to CMS. The employe will be
placed on the requested blankable position at 12:01 AM
on the Monday following expiration of the five (5) day
notice. NOTE I: An employe may make application under
Paragraph (1) above only once in a thirty (30) day period. NOTE 2: An eligible employe holding a blankable or reserve
board position may make application to any new
blankable position without the restrictions specified
above or in Side Letter #10. If the foregoing correctly sets forth the understanding
reached in conference, please affix your signature in the space
provided below and return two signed copies to this office. The
understanding will be applicable to all three Modified Crew
Consist Agreements. 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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