1989 CREW CONSIST AGREEMENT- 1ST DIST
| Description: A G R E E M E N T Between the UNION PACIFIC RAILROAD COMPANY And the Oregon Division
It is hereby mutually agreed by and between the parties signatory hereto as follows: PART A Article I Section 1. Centralia, Washington shall be eliminated as an extra board point for through freight service operating between Portland and Seattle. Pool freight service shall be established to replace assigned freight service operating between Portland and Seattle. The home terminal for such through freight service shall be Portland (Albina), Oregon. The away-from-home terminal shall be Seattle (Argo), Washington. Section 2. The number of crew turns in the pool will be determined by the requirements of the service. While it is the intent to regulate the pool on a basis of 3800 to 4200 miles per month, the parties recognize that National Agreements have resulted in different pay structures, making it impractical to totally rely on mileage averages. It is, therefore, the intent of the parties to also use an average of ten (10) round trips per crew turn per month as a regulating factor. Article II Section 1. Trainmen/yardmen with a seniority date established on the First Seniority District on or prior to the Section 2. Trainmen/yardmen with a seniority date on the First Seniority District subsequent to the effective date of this Agreement, who operate trains in through freight service will be allowed 179 road miles. All over miles shall be paid in accordance with Article IX(2) (b) of the October 31, 1985 Agreement. Section 3. (a) When a crew in Through Freight Service is relieved from service under the Hours of Service Law or is (b) Crews relieved enroute under the Hours of Service Law will be deadheaded on the first available means of (c) Conductors and brakemen assigned to Through Freight Service established under this Agreement, will (d) If a Through Freight crew is stopped short of Centralia due to hours of service or other conditions which EXAMPLE: A train leaves Seattle (Argo) and due to a derailment, the train is laid down at Tacoma. When Article III Section 1. Overtime shall begin when the time on duty exceeds the miles paid as set forth in Article II of this Section 2. In order to expedite the movement of Interdivisional runs established pursuant to the terms of this Agreement, the Carrier shall determine the conditions under which such crews may stop to eat. When crews are not permitted to stop to eat, members of such crews shall be paid an allowance of $1.50 for the trip. This rate shall be adjusted by any changes in National Agreements that specifically deal with an allowance in lieu of eating in Interdivisional Service. It shall not be adjusted by general wage increases or COLA increases. Section 3. Trainmen in Through Freight Service held at their away from home terminal as provided by Rule 21 of the Agreement effective October 1, 1975, as amended by Letter Agreement of February 27, 1989, will be paid continuous time for all time held after the expiration of sixteen (16) hours from time relieved from previous duty, at 1/8th of the daily rate applicable to the next service performed. If tied up and held at an intermediate point between Portland and Seattle for emergency purposes, the crew so held will go back on pay after eight hours or legal rest at the rate of the next service performed. Section 4. Initial Terminal Delay shall begin after the expiration of thirty (30) minutes as provided in Note 1 to Rule Section 5. Trainmen will be called for duty two (2) hours as near as practicable before being required to report for duty. Consideration will be given employees requesting calls in excess of two (2) hours. The calling hour will not be considered as on duty. Section 6. The other provisions of the rules of the Agreement of October 1, 1975, applicable to employees in Article IV Section 1. Due to the unique circumstances involved in this agreement and in order to provide for the interests of all employees protected under this Agreement effective September 1, 1989, the following conditions are agreed upon: (a) For employees establishing a seniority date on the First Seniority District between October 31, 1985, and the (b) For employees establishing a seniority date on the First Seniority District between October 31, 1985 and the Article V Section 1. (a) In lieu of all relocation benefits that may be provided by the Washington Job Agreement and/or any other National Agreement, employees required to change their residence as a result of this Agreement shall receive a lump sum allowance to homeowners of Fifteen Thousand Dollars ($15,000) . (b) On implementation of this Agreement, a "change of residence" shall be considered "required" if the EXAMPLE NO.1: Employee A lives in Centralia and works at Longview. The employee takes a job at EXAMPLE NO.2: Employee B lives in Centralia and works the extra board. The employee is assigned to EXAMPLE NO.3: Employee C lives in Lacey, twenty-nine (29) miles north of Centralia and works at Centralia. NOTE: An exception to this paragraph (b) is accorded to trainmen who are in assigned through freight service Portland to Seattle who work pool freight service Portland to Seattle or the Guaranteed Extra Board at Portland after implementation. This is due to the change from calling periods to pool freight availability. This is only applicable to employees who are in assigned through freight service on the day of implementation of this Agreement. This exception applies only to employees who live closer to Centralia than Portland. (c) Employees receiving relocation allowances under this Article V shall not thereafter be permitted to (d) The relocation allowances will only be available to employees as a result of the assignment of employees (e) At Centralia, only, if the Company reduces forces during the twelve (12) month period following the day of EXAMPLE I: On the day of implementation, the Company operates three locals at Centralia plus maintains a (f) In view of the joint implementation of modified crew consist and this through freight service, if the carrier recalls an employee from the Reserve Board during the first 120 days of operation, the employee recalled and any (g) Employees who are on the Reserve Board shall not be eligible for an allowance under this Article V. Section 2. Employees who are required to change their place of residence and who actually relocate, shall, upon Section 3. (a) The term "homeowner" as used in any Section of Article V of this Agreement means either an employee who owns their own home or is under a contract to purchase a home on April I, 1989. (b) The location of the home owned or residence where renting on April I, 1989 shall be the determining (c) If an employee owns and occupies a mobile home as their residence, it will be treated as a home only if Article VI Section 1. Employees adversely affected by the implementation of Part A of this Agreement shall be entitled to the Labor Protective Conditions set forth in Attachment I hereof unless otherwise specifically provided for in this Agreement. (See Side Letters 3 and 28) Section 2. An employee claiming a displacement allowance shall use the form attached to this Agreement. Section 3. Employees on a Reserve Board will not be eligible for a displacement allowance while occupying the PART B Article VII Section 1. Effective September 1, 1989, it is agreed the basic Crew consist Agreement Between the parties dated September 15, 1980 is amended as follows for the territory comprising the First Seniority District (Portland to Seattle and connecting branch lines). Section 2. The basic crew consist for all crews operated on the First Seniority District shall be one (1) conductor/foreman and one (1) brakeman/helper, subject to the provisions of Article XII of this Part B. Section 3. There shall be no car count or train length limitations in the operations of trains with crews of one Article VIII Section 1. Beginning July 10, 1989, the Company will solicit for a period of (30) days voluntary separation Hired between October 31, 1985 and the effective date of this Agreement - $25000 Employees protected by Crew Consist Agreement effective September 15, 1980 - $50000 Section 2. Under this Article VIII, an employee eligible for a separation allowance is an employee holding seniority and performing service on the First Seniority District. (See Side Letter #16) . Section 3. 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 twenty-four (24) equal amounts over a two (2) year period and must give the designated officer notice when making application. ARTICLE IX Section 1. Guaranteed Extra Boards shall be established as follows: (See Side Letters 19 and 22) (a) Portland will be established as an Extra Board point. A Guaranteed Extra Board with a guaranteed mileage (b) Seattle will be established as a Combination Extra Board point. A combination road yard Guaranteed (c) The Carrier has the right to establish a combination Guaranteed Extra Board at Centralia should it (d) In the application of Rule 30 (d) of the agreement effective October I, 1975, the Centralia Extra Board Section 2. (a) Extra Boards will protect vacancies in pool, yard, and assigned service in accordance with the Work (b) Extra work in unassigned short turnaround service, irregular branch line service, turnaround service, Section 3. (a) Payment of the guarantee shall be made in the payroll period following the pay period in which the guarantee payment was earned. Guarantee rates of pay will be subject to all wage and COLA increases provided by national negotiations. (b) Employees will receive credit for guarantee purposes for the day added to the Board but will not receive Section 4. The Reserve Board as provided for in Article X of this Agreement will not be used to supplement the Guaranteed Extra Boards. (See Side Letter #9) Section 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 provide reasonable layoff privileges , personal leave, vacation relief and maintain the average mileage per pay period as follows: Seattle 1300 to 1800 miles Employees recalled from furlough or used in emergency service while furloughed will create a position(s) on the board for a minimum of seven (7) days. (See Side Letter #4, Part 2). (b) After 120 days, the parties shall make the initial adjustments in the Guaranteed Extra Boards. Adjustments (c) Local Chairmen and Carrier Representatives will meet, if requested by either party, after the Guaranteed Extra Section 6. (a) All earnings (excluding Productivity Fund Shares) 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, 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. (See Side Letter #4, Part 3 and Side Letter #10) (b) An employee who misses a call as a result of another Guaranteed Extra Board employee laying-off on call, (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. (See Side Letter #17). ARTICLE X Section 1. The Carrier shall establish a Reserve Board for employees working on the First Seniority District as of the effective date of this Agreement. (See Side Letters #6 and #21) An employee on the Reserve Board shall be paid whichever is the greater of the following two options: (a) 70% of the basic yard helper's rate for five days per week; or, (b) 70% of the employee's earnings on this territory during the calendar year 1987 or 1988, whichever NOTE: No other payments shall be made to or on behalf of an employee on the Reserve Board except for Section 2. An employee placed on the Reserve Board shall remain in that status until: (a) The employee is discharged from employment by the Carrier in accordance with the applicable discipline (b) The employee resigns from the Carrier Is employment. (c) The employee is recalled to active service. Such recall shall be in reverse seniority order in accordance with Section 4 of this Article X. (d) 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. (e) The employee exercises seniority in accordance with Paragraph (1) of Article XIII of this Agreement. (f) The employee exercises seniority in accordance with Paragraph (2) of Article XIII of this Agreement. Section 3. Employees on the Reserve Board must maintain their work proficiencies while in such status, by successfully completing any retraining or refresher programs required to maintain those proficiencies which may include the passing of any tests or examinations (including physical examinations) administered for purposes of determining whether such proficiencies have been maintained. In order to ensure that work proficiencies Section 4. Employees on the Reserve Board must hold themselves available for return to service upon thirty (30) Section 5. 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. Section 6. vacation pay received while on the Reserve Board will offset pay received under Paragraph l(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. (See Q&A #9) Section 7. Employees on the Reserve Board are not eligible for Holiday Pay, Bereavement Leave, Jury Pay, and all other similar special allowances. Employees working on other territories (pursuant to Section 4 of this Article X) will be eligible for payment of these special allowances and may earn vacation for the following year the same as any other regular employee. Section 8. 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. Section 9. It is understood that employees hired prior to the effective date of this Agreement who may be furloughed shall be eligible to place on the Reserve Board upon recall, seniority permitting. (See Side Letter #4, Part 1) Section 10. 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; however, established reserve board positions will always be preserved. Section 11. Based upon the operations involved the parties hereto have agreed the initial number of Reserve Board positions shall be thirty-three (33). This initial number shall be reduced by the number of employees protected under the Crew Consist Agreement of September 15, 1980, working on the effective date of this Agreement, and receiving a separation allowance as provided for in Article VIII of this Agreement. For Section 12. Reserve Board/second brakeman positions will not be occupied when employees hired after the effective date of this Agreement are working. ARTICLE XI Section 1. For each tour of duty or trip operated on the First Seniority District 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 $55.00. For example, if there were 10 local and extra assignments, yard jobs and pool turns, and 10 employees on the Reserve Board, no Section 2. The Productivity Fund payments will be made in accordance with the basic Crew Consist Agreement effective September 15, 1980. (See Side Letter 14) Section 3. The Special Allowance payments provided for in the Crew Consist Agreement effective September 15, 1980, shall apply to crews operated with one (1) conductor/foreman and one (1) brakeman/helper under this Agreement. The special allowance will be increased to $10.00 for employees hired prior to the effective date of this Agreement and is subject to all wage and COLA increases. For employees hired after the effective date of ARTICLE XII Section 1. (a) Prior to the effective date of this Agreement, the Carrier shall bulletin all available positions to (b) Assignments to positions shall be made by seniority preference. It is understood all regular must-fill (c) The Carrier shall have the right to blank one second brakeman/helper assignment for each regular-assigned Section 2. The carrier will not reduce the number of positions below the level on the effective date of this Agreement as a result of its implementation. Except as provided in Article IX, Section 5(b), employees may be furloughed as a result of a subsequent reduction in the number of regular jobs and Guaranteed Extra Board positions. Section 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 XIII Section 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 (b) Employees recalled from the Reserve Board shall have the right to exercise 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. (Se e Q&A #2) Section 2 . For eligible employees on the First Seniority District , there shall be a so-called "Sadie Hawkins Week", ARTICLE XIV Section 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. (See Side Letter #7) Section 2. It is understood this Agreement is not a precedent for any other negotiations and will not be cited by Section 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 13th day of July, 1989. DATED AT PORTLAND, OREGON THIS 13th DAY OF July, 1989 /s/ L. L. Nelson /s/ W. S. Hinckley
ATTACHMENT I Section 1. The scope and purpose of this Article VI is to provide, to the extent specified herein, for fair and equitable arrangements to protect the interest of Trainmen who are adversely affected by the application of Part A of this Section 2. Definitions (a) "Displaced Employee" means an employee of the railroad who, as a result of the implementation of the provisions of Part A of this Agreement, is placed in a worse position with respect to his compensation and rules governing his working conditions. (b) "Dismissed Employee" means an employee of the ' railroad who, as a result of the Implementation of the Provisions of Part A of this Agreement, is deprived of employment with the carrier because of the abolition of his/her position or the loss thereof as the result of the exercise of seniority rights by an employee whose position is abolished as a result of the Implementation of Part A. (c) "Protective Period" means the period of time during which a displaced employee is to be provided protection hereunder and extends from the date he/she is displaced for a period of time equal to the length of time such employee has seniority in the craft or class at the time he/she is adversely affected. For purposes of this Agreement, an employee 's length of service shall be determined in accordance with the provisions of Section 7(b) of the Washington Job Protection Agreement of May, 1936, which states: "(b) For the purposes of this agreement the length of service of the employee shall be determined from the date he last acquired an employment status with the employing carrier and he shall be given credit for one month's service for each month in which he performed any service (in any capacity whatsoever) and twelve such months shall be credited as one year's service. The employment status of an employee shall not be interrupted by furlough in instances where the employee has a right to and does return to service when called. In determining length of service of an employee acting as an officer or other official representative of an employee organization he will be Section 3. The rates of pay, rules, working conditions and all collective bargaining and other rights, privileges and benefits (including continuation of pension rights and benefits) of the Railroad's employees under applicable laws and/or existing collective bargaining agreements or otherwise shall be preserved, except for those changed by this Agreement, or unless changed by future collective bargaining agreements or applicable status. Section 4. Nothing in this Article shall be construed as depriving an employee of any rights or benefits or eliminating any obligations which such employee may have under any existing job security or other protective conditions or arrangements; provided, that if an employee otherwise is eligible for protection under both this Article and some other job security or other protective conditions or arrangements, he shall elect between the benefits under this Article and similar benefits under such other arrangement and, for so long as he continues to receive such benefits under the provisions which he so elects, he shall not be entitled to the same type of benefit under the provisions which he does not so elect; provided further, that the benefits under this Article, or any other arrangement, shall be construed to include the conditions, responsibilities and obligations accompanying such benefits; and, provided further, that after expiration of the period for which such employee is entitled to protection under the arrangement which he so elects, he may then be entitled to protection under the other arrangement for the remainder, if any, of this protective period under that arrangement. Section 5. (a) So long after a displaced employee's displacement as he is unable, in the normal exercise of his seniority rights under existing agreements, rules and practices, to obtain a position producing compensation equal to or exceeding the compensation he received in the position from which he was displaced, he shall, during his protective period, be paid a monthly displacement allowance equal to the difference between the monthly compensation received by him in the position in which he is retained and the average monthly compensation Each displaced employee's displacement allowance shall be determined by dividing separately by 12 the total compensation received by the employee during the last twelve (12) months in which he performed services immediately preceding the date of implementation of these protective conditions (thereby producing average monthly compensation in the test period), and provided further, that such allowance shall also be adjusted to reflect subsequent changes in general wage levels. If a displaced employee's compensation in his retained position in any month in which he performs work is less than the aforesaid average compensation (adjusted to reflect subsequent changes in general wage levels) to which he would have been entitled, he shall be paid the difference, less compensation for time lost on account of his voluntary absences to the extent that he is not available for service. (b) If a displaced employee fails to exercise his seniority rights to secure another position available to him which does not require a change in his place of residence, to which he is entitled under the working agreement and which carries a rate of pay and compensation exceeding those of the position which he elects to retain, he shall thereafter be treated for the purposes of this Section as occupying the position he elects to decline. (c) The displacement allowance shall cease prior to the expiration of the protective period in the event of the displaced employee's resignation, death, retirement, or dismissal for justifiable cause.’ Section 6. Dismissal Allowances. (a) A Dismissed Employee shall be paid a monthly dismissal allowance, from the date he is deprived of employment and continuing during his protective period, equivalent to one-twelfth of the compensation received by him in the last 12 months of his employment in which he earned compensation prior to the date he is first deprived of employment as a result of the transaction. Such allowance shall be adjusted to reflect on an annual basis the reduction, if any, which would have occurred during the specified twelve month period had Public Law 91-169, amending the Hours of Service Act of 1907, been in effect throughout such period (i.e., 14 hours limit for any allowance paid during the period between December 26, 1970 and December 25, 1972, and 12 hours limit for any allowances paid thereafter). Such allowance shall also be adjusted to reflect subsequent general wage increases. In the event a Dismissed Employee shall have less than 12 months of service his total compensation and total time paid for shall be divided by the number of months in which he performed service. (b) The dismissal allowance of any Dismissed Employee who returns to service with the carrier shall cease while he is so reemployed. During the time of such reemployment, he shall be entitled to protection in accordance with the provisions of Section 3. (c) The dismissal allowance of any Dismissed Employee shall be reduced to the extent that his combined monthly earnings in other employment, any benefits received under any unemployment insurance law, and his dismissal allowance exceed the amount upon which his dismissal allowance is based. Such employee, or his representative, and the carrier shall agree upon a procedure by which Railroad shall be currently informed of the earnings of such employee in employment other than with the carrier, and the benefits received. (d) The dismissal allowance shall cease prior to the expiration of the protective period in the event of the employee's resignation, death, retirement, dismissal for justifiable cause under existing agreements, failure to return to service after being notified in accordance with the working agreement, or failure without good cause to accept a comparable position which does not require a change in his place of residence for which he is qualified and eligible with the carrier from which he was dismissed after being notified. Section 7. Separation Allowance. A Dismissed Employee entitled to protection under this Article, may, at his option within 7 days of his dismissal, resign and (in lieu of all other benefits and protections provided in this Article) accept a lump sum payment computed in accordance with Section 9 of the Washington Job Protection Agreement of May, 1936. Section 8. Fringe Benefits. No employee of a carrier who is affected by an Implementation shall be deprived during Section 9. Seasonal Fluctuations and Declines in Business. (a) In the event of a decline in a carrier's business measured by the net revenue ton-miles in any 30-day period compared with the net revenue ton-miles for the corresponding period in the preceding calendar year, the number of employees who are receiving dismissal or displacement allowances may be reduced at any time during the said payroll period to the extent of one percent for each one percent decline. Such reductions in protected employees shall be made in inverse seniority order. Upon restoration of a carrier's volume of net revenue ton-miles employees must be returned to their protective status to the extent of one percent for each one percent rise in net revenue ton-miles. In the case of Terminal Companies, the decline in business shall be measured by the total number of loaded and empty cars received from and delivered to connecting carriers, including the number of loaded and empty cars handled in solid interchange trains, in any 30-day period compared with the volume of such interchange in the corresponding period in the preceding calendar year. (b) In the event that an employee receiving a displacement allowance is subsequently placed in a worse position by reason of a seasonal fluctuation or a decline in business, so long as he continues in such position for that reason the amount paid him as his displacement allowance shall continue unchanged. (c) In the event that a Displaced Employee is deprived of employment with the carrier as the result of a seasonal fluctuation or a decline in business, his dismissal allowance shall be the amount which was being paid him as his displacement allowance. An employee other than a Displaced Employee who is deprived of employment as the result of a seasonal fluctuation or a decline in business shall not be paid any protective benefits under this Article XIII.
UNION PACIFIC RAILROAD COMPANY (For use by employees filing for protective benefits) ______________________________ Employing Officer at ______________ Pursuant to the requirements of the Agreement dated ____________________________________, claims is hereby filed on the basis that I am a "Displaced" employee as a result of the application/ implementation of said Agreement. In accordance with the protective provisions contained in Article VI to said Agreement, I am entitled to an adjustment in compensation received for the month of ______________________________________, 19______. Date protected period: Ends ____________________________________, 19_________. The following information is furnished in order that computation may be made of compensation due me, if any, under this claim: 1. My average monthly compensation is: $____________ 2. During the month of _____________________19 _______; (a) My gross total compensation from UP was: $ _________________ (b) I received unemployment benefits totaling: $ ________________ (c) I was on vacation from to _________ , to _____________incl. (d) position from which displaced: Title: _________________________________ Location_____________ (e) I was unavailable for service during the claim month: Date ____________ Date _______________ Reason ___________ Reason ____________________ (If additional space is needed, please use reverse side of this form) I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT: Signed: _________________________ _ Occupation: _______________ _ Location: SSA No. _______________ Date __________________________ (STATEMENT MUST BE FILED WITHIN Sixty (60) DAYS AFTER END OF CLAIM MONTH) Agreed Upon Questions & Answers 1. Q. For each buyout accepted under Article VIII of the agreement, is the minimum number of Reserve Board A. Yes, for each active employee working on the territory covered by this agreement and holding a seniority date 2. Q. Does a protected employee, as provided by the crew consist agreement of September 15, 1980, have the A. Yes, if the employee has the seniority. 3. Q. In the application of Article IX, 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. 4 . Q. After the initial 120 day adjustment, will the number of available Reserve Board positions ever fall below 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 A. The employee goes furloughed in the same manner as he/ she would before this agreement unless he/ she has 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 A. Reserve Board pay is not counted towards qualifying for a vacation but will be included in the computation 10. Q. If an employee qualifies for vacation but is on the Reserve Board when it comes time for their vacation, A. The employee will receive vacation pay as calculated under the vacation agreement. The employee will not 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 A. No, they have removed themselves from availability on the Guaranteed Extra Board.
Mr. L. L. Nelson This is to confirm our discussion concerning the modification of the Crew Consist Agreement dated September 15, The purpose of Article V is to provide a relocation allowance to those employees who are placed in a worse position It is not the intent of the parties to deprive an employee of work opportunities which would result in his furlough If a hardship develops, they will be reviewed by the General Chairman and the Director Labor Relations who may by Yours truly, AGREED:
#2 Mr. L. L. Nelson This refers to Attachment I of the Agreement dated the 13 th day of July, 1989. This provision provides that an employee does not have to take a higher paying position at a location that requires a The following example was developed to clarify the intent and purpose of the provision: EXAMPLE 1: An employee lives at Centralia and works the Extra Board. On implementation day , he can hold a Yours truly, AGREED:
#3 Mr. L. L. Nelson Paragraph (1) (b) of Article X provides an employee on a Reserve Board shall receive "70% of the employee's earnings on that territory during the calendar year 1987 or 1988, 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. If calendar year 1988 is used, productivity fund payments for 1988, which were received in 1989, will be included. 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 uncompensated personal business is not a legitimate reason for purposes of this paragraph. Yours truly, AGREED:
#4 Mr. L. L. Nelson This will confirm our discussions concerning the modification of the basic Crew Consist Agreement dated (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. (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. Article IX (5) (a) is provided to ensure a stable extra board. (3) Penalty claim payments due employees assigned to a Guaranteed Extra Board will be paid in addition to the If the foregoing accurately reflects our understandings, please so indicate by signing in the space provided below, Yours truly, AGREED:
#5 Mr. L. L. Nelson This will confirm our discussions concerning the modification of the basic Crew Consist Agreement dated September 15, 1980, as amended, for application on the First Seniority District, which is to become effective In discussion of the language in the note to Section (1) of Article X, 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 of a 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 discussion of Article X, "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 adjustment as set forth in Article IX(5) (b) 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, AGREED:
#6 Mr. L. L. Nelson Article XII sets forth the procedures to be followed in implementing the Crew Consist Modification Agreement and article XIII 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 XII(1) (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 XIII(l) (a), 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, AGREED:
#7 Mr. L. L. Nelson 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 the concern, we agreed to the following changes and to update those moratorium provisions of the 1980 Agreement to coincide with the 1989 modification agreement recognizing that all employees hired prior to the effective date of this modification agreement are protected employees as provided by this 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 $55.00 for each yard tour of duty or road freight service trip operated with a brew 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, AGREED:
#8 Mr. L. L. Nelson This is to confirm our discussions with respect to your concerns the Carrier will not run reduced crews even when 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 120 days from the date of implementation to secure a sufficient supply of radios (2) If evidence of abuse develops concerning the number of full crews operated by the carrier, we would meet If the foregoing correctly sets forth the Under standing reached in conference, please affix your signature in the space provided below. Yours truly, AGREED:
#9 Mr. L. L. Nelson This will confirm our discussions concerning the application of Article IX (4) of the Agreement of July 13, 1989. During our discussions of these provisions, it was agreed that employees assigned to Reserve Boards may make Yours truly, AGREED:
#10 Mr. L. L. Nelson This will confirm our discussion of Article IX (6) of the Agreement dated July 13, 1989. 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 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 Yours truly, AGREED:
#11 Mr. L. L. Nelson This is to confirm our discussions concerning the application of Article X of the Agreement dated July 13, 1989. During our discussions of Article X, the question arose as to what would happen if an employee initially elected It was understood that an employee is to receive whichever is the greater of the two options. If the above Yours truly, AGREED:
#12 Mr. L. L. Nelson This is to confirm our discussions concerning the application of Article X(3) of the Agreement dated July 13, 1989. During our discussions of this Article, the question 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 program. Yours truly, AGREED:
#13 Mr. L. L. Nelson This is to confirm our discussions concerning the modification of the Crew Consist Agreement dated During our discussions of Article x, Reserve Board, several questions arose concerning the operation of the Reserve In reviewing the First District Operations, it was agreed the number of Reserve Board positions would be While the number of positions on the Reserve Board may increase as jobs are added above the number of jobs working on the effective date of this Agreement, it will not fall below the number established under Article X. 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 established under Article X will remain in effect so long as there are employees who have a seniority date prior to the effective date of this agreement. Yours truly, AGREED:
#14 Mr. L. L. Nelson This is to confirm our discussion concerning the modification of the Consist Agreement dated September 15, It was agreed that the carrier would offer to employees in the affected territory a 401(k) plan subject to the
(2) Employees may elect to participate in the plan but will not be required to d.o 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 (5) The administrative costs of the plan will be borne by the carrier. If the foregoing correctly sets forth the understanding reached in conference, please affix your signature in Yours truly, /s/ W. E. Naro AGREED:
#15 Mr. L. L. Nelson This is to confirm our discussion concerning the modification of the Crew Consist Agreement dated September 15, During our discussions of Article X(4) of this agreement, you expressed concern that an employee displaced from the reserve board would be unavailable and unable to mark up within 72 hours as required by the basic agreement. It was agreed that the following procedures would be utilized: (1) An employee on the reserve board who is to be unavailable more than 72 hours will contact CMS and advise (2) This period of unavailability cannot exceed 30 days but can be extended by contacting CMS. (3) If the employee is displaced during this period, he/she will have 72 hours from either the time notified If the foregoing correctly sets forth the understanding reached in conference, please affix your signature in Yours truly, AGREED:
#16 Mr. L. L. Nelson This is to confirm our discussions concerning the modification of the Crew consist Agreement dated During our conference, you expressed concern that certain groups of employees would participate in the buyout Article X(ll ) of the agreement provides in pertinent part: "This initial number shall be reduced by the number of employees protected under the Crew Consist Agreement Employees in these categories were not working on this territory on the effective date of this Agreement , and therefore would not count in the reduction of reserve board positions . Yours truly, AGREED:
#17 Mr. L. L. Nelson This is to confirm our discussion concerning the modification of the Crew Consist Agreement dated September 15, During our discussions of Article IX(6) (c) of the Agreement, the question arose as to whether an employee on the You were advised the purpose of the guarantee is to act as a minimum of earnings for employees assigned to this Yours truly,
Mr. L. L. Nelson This is to confirm our discussion concerning the modified Crew Consist Agreement dated July 13, 1989 for the During our discussions of Article IX(2) (b), Guaranteed Extra Board, it was agreed that if a Seattle Guaranteed Extra If the foregoing correctly sets forth the understanding reached in conference, please affix your signature in the space provided below. Yours truly, AGREED:
#19 Mr. L. L. Nelson This refers to our discussions concerning Article IX- Guaranteed Extra Boards of the Modified Crew Consist Several employees 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 employees on the extra board, employees were concerned that upon being placed on the extra board that they would be frozen there. In order to alleviate this problem, it is agreed an employee may move to or from the extra board once every six "In accordance with Letter Agreement effective September 1, 1989, I desire to relinquish my position This does not prevent the regular movement of employees when the guaranteed extra board is adjusted or in the filling of vacancies under other agreement rules. If the foregoing correctly sets forth the understanding reached, please affix your signature in the space provided below. Yours truly, AGREED:
UNION PACIFIC RAILROAD COMPANY July 31, 1989 Mr. L. L. Nelson 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 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, AGREED:
#20 Mr. L. L. Nelson This is to confirm our discussion concerning the During our discussions of Article XIII, vacancies, the It was agreed the application process would be utilized for 120 days after the implementation of this Agreement; Thereafter, upon twenty (20) days written notice the application process could be cancelled for either the road or If the foregoing correctly sets forth the understanding reached in conference, please affix your signature Yours truly, AGREED:
#21 Mr. L. L. Nelson This is to confirm our discussion concerning the Modified Crew Consist Agreement dated July 13, 1989, for the During our discussions of Article X, Reserve Board, the question arose concerning employees who held seniority on It was agreed that if such employees returned to the First District after the effective date of this Agreement, they If the foregoing correctly sets forth the understanding reached in conference, please affix your signature Yours truly, AGREED:
#22 Mr. L. L. Nelson This is to confirm our discussion concerning the Modified Crew consist Agreement dated July 13, 1989, for the During our discussions of Article IX, Guaranteed Extra Board, you advised that there were a significant number of It was agreed that the carrier would start conductor promotion classes as soon as possible. This would allow all It further was agreed that employees on the Reserve Board would be given thirty days written notice of the classes. This notice will be sent by registered mail. If the foregoing correctly sets forth the understanding reached in conference, please affix your signature Yours truly, AGREED:
#23 Mr. L. L. Nelson During our discussions you expressed a concern that this agreement could be interpreted as superseding Rule 46(b) of the basic agreement, which provides that yardmen, when used in road service, will be paid at "the rate of service performed or yard helper's rate, whichever is greater". This is to confirm our understanding that the Modified Crew Consist Agreement does not supersede Rule 46(b), and yardmen used when the protecting extra boards are exhausted will continue to be compensated under the provisions of that rule. If the foregoing correctly sets forth the understanding reached in conference, please affix your signature Yours truly, AGREED:
#24 Mr. L. L. Nelson This is to confirm our discussions of the Modified Crew Consist Agreement dated July 13, 1989, for the During our discussions, the issue arose concerning the continued operation of the Agreement dated April 28, 1986, Providing for conductor-only sprint train service. It was understood the Sprint Train Agreement would not be affected by this Modified Crew Consist Agreement and would continue to operate as at present. The Conductor, however, would be governed by Article II, Sections 1 and 2 of the Crew Consist Agreement (200 or 179 road miles). It further was agreed that vacancies for the train originating in Seattle would be filled from the Seattle If the foregoing correctly sets forth the understanding reached in conference, please affix your signature Yours truly, AGREED:
#25 Mr. L. L. Nelson This is to confirm our discussions concerning the Modified Crew Consist Agreement dated July 13, 1989, During our discussions of Article VII, Section 3 of the Agreement you expressed concern about reduced crews working with extremely long trains due to the inordinate amount of local work that is performed on this territory. We assured you that our concern was for employees to work safely in compliance with the operating rules of safety even though it would take longer to perform the work. It was agreed Local UTU and Carrier Representatives will review local operations on a regular basis to ensure such If the foregoing correctly sets forth the understanding reached in conference, please affix your signature in the space provided below. Yours truly, AGREED:
#26 Mr. L. L. Nelson This is to confirm our discussion of Articles II and During our discussions there was some concern over the Article IX (2) (b) provides that the extra board will If the foregoing correctly sets forth our understanding Yours truly, AGREED:
#27 Mr. L. L. Nelson Dear Sir: During our discussions of that Agreement, you You were advised that, while an employee's guarantee If the foregoing correctly sets forth the understanding Yours truly, AGREED:
#28 Mr. L. L. Nelson This is to confirm our discussions concerning Article VI During our discussions of Article VI, the question You were advised the employee had the following Yours truly, AGREED:
UNION PACIFIC RAILROAD COMPANY August 18, 1989 Mr. L. L. Nelson The simultaneous implementation of pool freight service With respect to this Agreement only, the parties agree 1) Stay at Centralia and bid on assignments within a 2) Follow their work to Portland or Seattle and bid on 3) Bid on the highest rated job they can hold on the 4) Bid on the Reserve Board. Note: An employee coming off the Reserve Board must Yours truly, AGREED:
UNION PACIFIC RAILROAD COMPANY June 8, 1990 File : 380.10-4 Mr. L. L. Nelson This refers to our discussions concerning whether an We reviewed Side Letter 11 10 to the Modified Crew (1) An employe on a blankable position may make application NOTE 1: An employe may make application under Paragraph NOTE 2: An eligible employe holding a blankable or reserve If the foregoing correctly sets forth the understanding Yours truly, AGREED:
UNION PACIFIC RAILROAD COMPANY February 1, 1990 380.10-4 Mr. L. L. Nelson This refers to our discussions concerning the three The Agreements provide for the use of the application Situations have developed where vacancies exist and no If the foregoing correctly sets forth the understanding Yours truly, AGREED:
UNION PACIFIC RAILROAD COMPANY November 17, 189 File : 380.10-4 Mr. L. L. Nelson This refers to our discussions concerning the number of The question was raised when we discovered that actual It will be the responsibility of the employe to file a If the foregoing correctly sets forth the understanding Yours truly, AGREED: SIGNATURES NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT
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