Description:
AGREEMENT between the UNION PACIFIC RAILROAD COMPANY and the UNITED TRANSPORTATION UNION (C&T)
Effective December 21, 1989, it is agreed the basic
Crew consist Agreement between the parties effective September
15, 1980, is amended as follows for the Second and Third
Seniority Districts on the Northwest District - Oregon Division.
ARTICLE I
CREW' CONSIST CONDITIONS
Section 1. The basic crew consist for all crews operated on the
Second and Third Seniority Districts shall be one (1)
Conductor/Foreman and one (1) Brakeman/Yard Helper, subject to
the provisions of this Agreement. (See Side Letter #1) Section 2. No car count or train length, limitation in the
operation of trains with crews of one Conductor/Foreman and one
Brakeman/Yard Helper will be imposed. Section 3. Reduced crews may be utilized on retainer trains
provided they are assisted by a utility Trainman as provided for
by separate Agreement effective December 21, 1989. The Conductor
of a reduced crew has the sole discretion to refuse to proceed
with any train requiring the use of retainers beyond the retainer
set/release point. Reduced Crews will not be censured,
disciplined or harassed for refusing to operate retainers without
the assistance of a Utility Trainman or Extra Trainman. (See attached Utility Trainman Agreement, Q&A #21) Section 4. Must-fill positions are Conductor/Foreman and
Brakeman/Yard Helper positions contractually required to be
filled by protected or non-protected employees under Schedule
Rules or Agreements and may not be blanked. Section 5. Due to the unique circumstances involved in this
Agreement and in order to provide that all employees who have
established a seniority date prior to the effective date of this
Agreement are protected, the following conditions are agreed
upon: (a) For the purpose of this Agreement, protected
employees are all employees on Trainman/Yardman seniority rosters
(including employees on authorized leave of absence) as of
December 21, 1989, and any employee in a dismissed (discharged),
terminated or suspended status as of December 21, 1989, who is
subsequently returned to service with seniority rights
unimpaired. NOTE: Nothing in this Agreement is to be
construed, interpreted or applied except as
specifically provided for in this Agreement
so as to change or modify the following Crew
Consist Agreements, as those agreements
relate to the protection of employees,
reduction and restoration of positions: August 25, 1964 .NWD
March 1, 1968 NWD (OR. Div.)
September 15, 1980 NWD (OR. Div.) (b) For employees establishing a seniority date on the
Second and Third Seniority Districts between October 31, 1985,
and the effective date of this Agreement, Article IV, Section 6 -
"Rate Progression - New Hires" - of the October 31, 1985 UTU
National Agreement is waived and their rates of pay will be equal
to that of employees hired prior to October 31, 1985. (c) For employees establishing a seniority date on the
Second and· Third Seniority Districts between October 31, 1985 and
the effective date of this Agreement, Article XII, "Termination
of Seniority", of the October 31, 1985 UTU National Agreement is
waived. (d) Employees hired as of the effective date of this
Agreement will be allowed the Special Allowance payments as
provided in Article VII- Section 3 of this Agreement. (e) Employees eligible for Productivity Fund payments
under Article VII of this Agreement are those employees holding a
seniority date as of September 15, 1980.
ARTICLE II
IMPLEMENTATION
Section 1. Prior to implementation of this Agreement, the
Carrier will offer separation allowances as provided for
in Article V herein. Section 2 (a) The Carrier shall bulletin to employees under this
Agreement the opportunity to select one of the following options: Regular Job, Guaranteed Extra Board (Article III) or Reserve
Board/second Brakeman/ Yard Helper. (Article IV). (See Q&A #18) (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) Employees holding an assignment, regular or extra,
may not be forced to the Reserve Board. They may be forced to
must- fill positions. . Section 3. The Carrier will not reduce the number of positions
below the level on the effective date of this Agreement as a
result of implementation of this Agreement. Employees may be
furloughed after the initial one hundred twenty (120) day period
as a result of a subsequent reduction in business except as
provided for in Article III, section 4(b) herein.
ARTICLE III
GUARANTEED EXTRA BOARDS
Section 1 (a) Pursuant to practices, understandings and
Agreements established for the purpose of filling vacancies in
Yard and Road service assignments, protecting Extra work and
providing a source of supply for relief of regularly assigned
employees, ' Guaranteed Extra Boards will replace existing Extra
Boards. The total number of employees initially assigned to the
Guaranteed Extra Boards will be determined and agreed upon by the
Director of Labor Relations and the General Chairman. (See Side
Letter #24) (b) Guaranteed Yard Extra Boards shall be established
at Albina Yard (Portland) and Hinkle Yard (Hermiston), Oregon,
for the protection and filling of Yard service vacancies and
Extra Yard service. Yardmen assigned to these Boards will be
guaranteed minimum earnings equivalent to eleven (11) basic days'
pay at the Yard Helper's rate in each payroll period. (c) Guaranteed Conductor's Extra Boards shall be
established at Albina (Portland) and LaGrande, Oregon for the
protection and filling of all Conductor vacanC1es and Extra
Conductor service. Each Extra Conductor will be guaranteed the
equivalent of five (5) round trips as they are allowed in the
Interdivisional Service Agreement dated August 26, 1972, and
supplements thereto per pay period at the Conductor's Local Rate
of pay, 1-80 car count. (d) A Guaranteed Brakemen's Extra Board shall be
established at Albina (Portland) for the protection and filling
of all Brakeman vacancies and Extra Road service and a Guaranteed
Combination Extra Board shall be established at LaGrande, Oregon
for the protection of all Brakeman/Yardman vacancies and Extra
service. Each Extra Brakeman will be guaranteed the equivalent
of five (5) round trips as they are allowed in the
Interdivisional Service Agreement dated August 26, 1972 , and
supplements thereto per pay period at the Brakeman's Local Rate
of pay, 1-80 car count. (e) A new Guaranteed Combination Extra Board shall be
established at The Dalles, Oregon, for the protection and filling
of all Conductor/Brakeman/Yardman vacancies and Extra service.
The provisions of this Article III will supersede The Dalles
Road/Yard Guaranteed Extra Board Agreement dated April I, 1973,
which will have no further force or effect upon implementation of
this Agreement. The Guarantee for qualified Conductors on this
Extra Board will be equivalent to 1700 miles per pay period at
the Yard Foreman rate. The Guarantee for non-promoted employees
on this Extra Board will be equivalent to 1700 miles at the Yard
Helper rate. All service off 9f this Extra Board will be on a
strictly rotating, first-in, first-out basis subject to the rules
of rest and availability. Section 2 (a) Guarantee 'payments, including adjustments, shall
be made in the pay period following the payroll half in which the
guarantee was earned or adjusted. Guaranteed Extra Board pay
will be prorated for days employees are on the Board. Employees
will receive credit for Guarantee purposes for the day added to
or removed from the Extra Board if marked up on the Board for
twelve (12) or more hours during said calendar day. Guarantees
will be subject to all future wage and COLA increases provided by
National negotiations. (See Side Letter #22/Q&A #19) (b) All earnings received by an employee assigned to a
Guaranteed Extra Board will be used in computing the employee's
guarantee, except, penalty claim payments due employees will be
paid in addition to the earnings received as a Guaranteed Extra
Board employee. Such computations will not include non-taxable
income such as meal, lodging and personal auto mileage payments.
(See Side Letter #22) Section 3 (a) 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, missed call or not been
available for call, with a minimum reduction of one guaranteed
day. (See Q&A #17) (b ) An employee who misses a call as a resul t 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. (See Q&A #17) (c) Extra employees laying off on call or missing call
twice within' a pay period, or who are unavailable for more than
ninety-six (96) combined hours per pay period will forfeit their
guarantee for that pay period. (See Q&A #17) (d) The guarantee reductions will 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 #3) Section 4 (a) The Carrier will regulate the number of employees
on the Guaranteed Extra Boards, ensuring that a sufficient number
of employees are on each Board to provide for reasonable layoff
privileges, personal leave, vacation relief. and maintain an
earnings average per pay period as follows: (See Side Letter #23) : Albina and Hinkle Yard Extra Boards:
Nine (9) to thirteen (13) days. Road Extra Boards: Four (4) to six (6)
round trips as' defined in Section 1 of this
Article III. The Dalles Combination Extra Board: 1500 to
1900 miles. NOTE: See Side Letter #24 for Home or Feeder Board as
provided for in Rule 30(d) The Reserve Board as provided for in Article IV of this Agreement
will not be used to supplement the Guaranteed Extra Boards except
as specifically provided for herein. Employees recalled from
furlough, or used in emergency while furloughed to supplement the
Extra Board will create a position(s) on the Board for a period
of seven (7) days. If an ,Extra Board is supplemented four (4)
days in a seven (7) day period or multiples thereof, the Carrier
will add to the Board one (1) additional position(s). EXAMPLE: Two (2) employees on regular assignments are
used in Extra service on Monday, Tuesday, Wednesday and Thursday.
The Carrier will add two (2) positions to the Extra Board for a
seven-day (7) period beginning on Friday. . (b The number of employees initially assigned to the
Guaranteed xtra Boards will not be changed, except by mutual
agreement, for one hundred twenty (120) days after the date of
implementation of this Agreement. After one hundred twenty (120)
days, the parties shall make the initial adjustments in the
Guaranteed Extra Boards. If a Guaranteed Extra Board is reduced
on the initial adjustment, the number of Guaranteed Extra Board
employees who are reduced will be added to the Reserve Board
positions at the location of the Guaranteed Extra Board. The
minimum number of Reserve Board positions will increase
accordingly and this will establish the permanent number of
Reserve Board positions. (See Side Letter #4) (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. Section 5. Extra Board employees shall be allowed guaranteed
time off under the following conditions: (a) Employees who work/protect seven (7) to thirteen
(13) consecutive days without a layoff will be allowed a
guaranteed twenty-four (24) hour layoff. (b) Employees who work/protect fourteen (14) or more
consecutive days without a layoff will be allowed a guaranteed
forty-eight (48) hour layoff. (See Side Letter #5) (c) The employee must layoff at the time of tie up. (d) The employee shall be marked up to the bottom of
the Extra Board automatically after the guaranteed lay-off period
ends, unless other arrangements are made. (e) Guaranteed lay offs shall be governed by Section
3(b) and (c) of Article III of this Agreement. (f) Lay offs shall be granted depending on the needs
of service, in accordance with guidelines set forth below: (i) If twenty (20) percent or more of
the Extra Board is off the Carrier may delay
the guaranteed layoff until the Extra Board
has a lower, lay-off percentage. (See Side
Letter #25) (ii) Preference will be given to
requests made Monday through Thursday. (g) Lay offs under this Section shall be given
preference over personal business requests by employees who do
not have seven (7) or more consecutive days of work. (h) Employees entitled to personal leave under Article
IX of the September 15, 1980 Agreement covering Crew Consist may
request a paid personal leave day(s) to be deducted from their
allotment. Such payment shall be in accordance with Section 3(d)
of this Article III and Side Letter #3. The employee shall be
allowed the day(s) without the need to wait for his/her train to
be called as provided in the September 15, 1980 Agreement. (See
Side Letter #30)
ARTICLE IV
RESERVE BOARD
The Carrier shall establish separate Reserve Boards for
employees working on the Second and Third Seniority Districts as
of the effective date of this Agreement, subject to the following
conditions (See Q&A #18): Section 1. An employee on the Reserve Board will be paid
whichever is 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 their respective
Territory during the calendar year 1987 or 1988, whichever is
greater. If 1988 earnings are used, Productivity Fund payments
for 1988 received 'in 1989 will be included in computation of
earnings. (See Side Letter #6) Note 1: Effective March 1, 1990, employees'
1989 earnings will be compared to the
earnings used for computation of the initial
Reserve Board pay rate and if higher the
Reserve Board pay rate will be adjusted
accordingly. Note 2: No other payments shall be made to*
or on behalf of employees 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 Reserve, Board employees except for
deductions of income, employment or payroll
taxes (including railroad retirement taxes)
pursuant to federal, state 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. (See Side Letter
#7) * This does not preclude a Reserve Board
employee from receiving payments on pending
penalty claims. Penalty claim payments due,
if any, will be paid in addition to the
employee's Reserve Board earnings. (See Side
Letter #22) (c) If through subsequent wage increases, the 70% of
the basic Yard Helper's rate of pay becomes greater than the
1987, 1988 or 1989 Reserve Board Rate, it is understood that
Reserve Board employees' 'will be adjusted accordingly to provide
the greater amount. (See Side Letter #8) Section 2. Employees assigned to Reserve Boards will be eligible
for the Carrier's Tuition Aid Program. Section 3. An employee placed on the Reserve Board will remain
in that status until: (a) The employee is discharged from employment by the
Carrier in accordance with the applicable discipline rules. (b) The employee resigns from the Carrier's
employment. (c) The employee is recalled to active service. Such
recall shall be in reverse seniority order in accordance
with Section 5 of this Article IV. (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 will 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 Section 1 of Article VI of this Agreement. (f) The employee exercises seniority in accordance
with Section 3 of Article VI of this Agreement. Any employee so
exercising' seniority cannot return to the Reserve Board until the
next "Sadie Hawkins Week" unless the employee is displaced or a
vacancy occurs on the Reserve Board. (See Side Letters #' s 9,
10, 11 and 12) Section 4 (a) Employees on the Reserve Board must maintain their
work proficiencies while in such status, including 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 df determining whether such
proficiencies have been maintained. In order to ensure that work
proficiencies are properly maintained, each employee on the
Reserve Board will be required to exercise seniority to a regular
or extra assignment (seniority permitting) and remain off the
Reserve Board for six continuous months in every thirty month
period beginning with the implementation date of this Agreement.
(See Side Letters #7, #13) (b) It will be incumbent upon the employee to use the
provisions of the "Sadie Hawkins Week”, section of this Agreement
or to make application for regular vacancies to accomplish this
requirement. An employee who has not met this requirement will
have their Reserve Board pay halted until they have completed
this requirement unless prevented from doing so because of
insufficient seniority. Section 5. Employees on the Reserve Board must hold themselves
available for return to service upon thirty (30) days' notice by
wire or registered letter. Reserve Board pay shall continue for
only seven (7) days and the employees 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. Section 6 (a) 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. (See Side Letter #26) (b) Employees on the Reserve Board may make
application for Extra work. If such employees are utilized,
compensation received by them for such service will be in
addition to Reserve Board pay, and they will be compensated as an
Extra Board Employee would be. section 7. Vacation pay received while on the Reserve Board will
offset pay received under Section 1 of this Article IV. 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 number of weeks of vacation based
on years of service to which an employee, otherwise eligible, is
entitled. Section 8. 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 6 of this Article IV will be eligible for
payment of these special allowances and may earn vacation for the
following year the same as any other regular employee. (Q&A #20) Section 9. 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 10. 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. Section 11. It is understood the Reserve Board will not operate
when all protected employees on their respective Seniority
Districts 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 12. Based upon the operations involved, the parties
hereto have agreed the initial number of Reserve Board positions
will be a minimum of fifty-five (55) each on the Second Seniority
District and the Third Seniority District. The number of Reserve
Board positions on each Seniority District shall be the total
number of employees holding Regular or Extra Board positions on
each district less the number assigned to Conductor/Foreman,
first Brakeman/Yard Helper, must-fill second Brakeman/Yard Helper
and Guaranteed Extra Board positions on each Seniority District
when this Agreement is implemented. This initial number will be
reduced by the number of employees working on the effective date
of this Agreement receiving a separation allowance as provided for in
Article V of this Agreement. (See Side Letters #4, 7 and
14. Also, reference Article III Section 4b) Section 13. Reserve Board and blankable second Brakeman/Yard
Helper positions will not be occupied when employees hired after
the effective date of this Agreement are working. (See Q&A #13) Section 14. The Carrier is permitted to blank one second
Brakeman/Yard Helper assignment for each regular-assigned (not
including Extra Board) employee selecting the Reserve Board
option. As the Reserve Boards are attrited, crew consist
requirements shall be governed by Article I of this Agreement.
ARTICLE V
SEPARATION ALLOWANCE
Section 1. Beginning November 6, 1989, .the Company will solicit
for a period of thirty (30) days, voluntary 'separation requests
from eligible train and yard service employees. The amount of
the separation allowance shall be ·an amount equal to the greater
of the employee's train and yard service earnings on the Second
and Third Seniority ,Districts during either the 1987 or 1988
calendar years, subject to all applicable taxes. If the 1988
year is utilized, productivity Fund Payments for 1988, received
in 1989, will be included. The minimum separation allowance is
as follows: Hired between September 15, 1980 and
the effective date of this Agreement: $25,000 Employees protected by the Crew Consist
Agreement effective September 15, 1980: $50,000 Section 2 (a) Under this Article V, an employee eligible for a
separation allowance is an employee holding seniority and
performing service on the Second or Third Seniority Districts. (b) Eligible employees applying for the separation
allowance may elect to receive the allowance as follows: 1) In one (1) lump sum payment. 2) In twelve (12) equal monthly payments, in addition
to the following: i) Career aptitude testing and
assessment and career counseling
provided by the company or at the
company's expense. ii) Reimbursement
$3,000 for cost
accredited college
up to a maximum of
of tuition at an
or university. iii) Reimbursement up to a maximum of
$2,000 for employee's use of employment
search agency. iv) If the employment search agency
option is· not selected, the $2,000
reimbursement may be utilized as a
supplemental tuition aid, bringing
maximum amount available for tuition aid
to $5,000 (including the $3,000 maximum
reimbursement described in "ii" above.) 3) In twenty four (24) equal monthly payments. An employee electing to receive the separation allowance in equal
monthly payments will receive the first payment thirty (30) days
after he/she resigns. Each installment will come on a monthly
basis thereafter. (c) Any employee. who wishes to accept the separation
allowance in monthly installments must give the designated
officer notice when making application.
ARTICLE VI
VACANCIES
Section 1 (a) When permanent vacancies occur on a regular must fill
job, (Conductor/Foreman and first Brakeman/Yard Helper
positions), Guaranteed Extra Board or Reserve Board, employees
may elect, by seniority option, to fill the vacancy. If the
vacancy is not filled, it shall be filled by the recall of a
furloughed employee. If the vacancy is filled, the resulting
vacancy shall 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 blankable
second Brakeman/Yard Helper positions will be assigned to the
regular job or Guaranteed Extra Board subject to Section l(c) of
this Article VI; however, they shall not be force assigned to the
Reserve Board. If no such employee is available, the junior
employee among those holding Reserve Board positions will be
recalled. (See Side Letter #15, Q&A #16) (b) The application process, rather than bulletins,
shall be used to fill these vacancies. This process shall be
utilized for one hundred twenty (120) days after the
implementation of this Agreement. Thereafter, either party upon
twenty (20) days written notice may cancel this Section l(b) for
either the Road or Yard. If so cancelled, the bulletin process
shall be utilized. (See Side Letter #16) (c) Employees recalled from the Reserve Board or
forced from a second Brakeman/Yard Helper position shall have the
right to exercise their seniority and take any position held by
an employee .with less seniority. (d) No temporary vacancy on any blankable second
Brakeman/Yard Helper position to which an employee is regularly
assigned shall be filled. (See Side Letter #27) Section 2 (a) Employees holding a regular assignment may not be
forced to the Reserve Board. They may be forced from
blankable/Reserve Board positions to must-fill positions or Extra
Boards in accordance with existing schedule rules. (Reference
Article VI' Section l(c) above) (b) In the application of forced assignments as
provided for in this Article VI, employees removed from second
Yard Helper/Brakeman positions to facilitate filling of must-fill
Yard vacancies or Guaranteed Extra Boards will be allowed an open
bump or right of displacement. The Road service employees forced
to Yard service, as a result of the Carrier forcing the second
Brakeman, will likewise be allowed an open bump in the Yard and
will be guaranteed the difference in earnings between what they
would have earned on the Road and the amount of earnings they
receive in the Yard for so long as they remain forced to the
Yard. This section will apply only to employees holding
seniority as of the effective date of this Agreement. Section 3. For eligible employees on the Second/Third Seniority
Districts, there shall be a so-called "Sadie Hawkins Week" the
first week of May to be effective June 1, and the first week of
November to be effective December 1. The "Sadie Hawkins Week"
applies only to employees wishing to exercise seniority to or
from a Reserve Board. Local Chairmen will work with Carrier
representatives in the implementation of "Sadie Hawkins Week."
ARTICLE VII
PRODUCTIVITY FUND/SPECIAL ALLOWANCE
section 1. For each tour of duty or trip operated on the
Second/Third Seniority Districts with a crew consist of one (1)
Conductor/Foreman and one (1) Brakeman/Yard Helper over the
number of employees on the Reserve Board, the Company will pay
into the appropriate Employees' Productivity Fund the sum of
$55.00. For example, if there were 10 Local and Extra
Assignments, Yard jobs and Pool Turn’s, 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 employees on the Reserve Board payments would be made into the
Employees' 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. (See Side
Letter #28) Section 2. The Productivity Fund payments will be distributed in
accordance with the basic 'Crew Consist Agreement. Section 3. The Special Allowance payments provided for in the
basic Crew Consist Agreement will apply to crews operated with
one (1) Conductor/Foreman and one (1) Brakeman/Yard 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', this Agreement, the
Special Allowance will be frozen at $8.12 and will not be subject
to any further increases. (See Side Letter #17)
ARTICLE VIII
MORATORIUM
It is agreed the Moratorium provision of the October 9,
1980 Letter of Understanding to the basic Crew Consist Agreement
is amended as follows: 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, special allowance payment to reduced crew
members, employee productivity fund deposits and
administration thereof. This section will not bar the
parties from making changes in the above provisions by
mutual agreement.
ARTICLE IX
GENERAL
Section 1. Nothing in this Agreement is intended to' modify or
supersede the Basic Crew Consist Agreement effective September
15, 1980, and the Crew Consist Agreements of August 25, 1964, and
March 1, 1968, or the UTU (C&T) Schedule Agreement except where
specifically amended by the provisions of this Agreement. Section 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. 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. 5'
Signed at Portland, Oregon, this 21st day of December, 1989. FOR THE ORGANIZATION:
/s/ L. L. Nelson
General Chairman - UTU (C&T)
/s/ J. J. Stull
Local Chairman (UTU #1574)
Second Seniority District
/s/ D. L. Gorrell
Local Chairman (UTU #473)
Third Seniority District
/s/ R. J. Larsen
Local Chairman (UTU #473)
Third Seniority District
FOR THE CARRIER:
/s/ W. S. Hinckley
Director of Labor Relations
/s/ W. E. Naro
Director Employee Relations/Planning Agreed Upon Questions &. Answers Q. For each buyout accepted under Article V of the
Agreement, is the minimum number of Reserve Board
positions reduced on a one-for-one basis? A. Yes, for each active employee. No, for each furloughed
employee. 2. Q. Does a protected employee, as provided for by the basic
Crew Consist Agreement effective September 15, 1980,
have the option to place on either the Reserve Board or
the Second' Brakeman position? A. Yes, seniority permitting. 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. 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 employees who cannot hold
a must-fill position, the Guaranteed Extra Board or a
Reserve Board (second Brakeman/Yard Helper position) as
a result of the reduction in the number of regular jobs? A. The employee goes furloughed in the same manner as
he/she would before this Agreement. 8. Q. If an employee is displaced, may he/she displace to a
Reserve Board? A. Yes, seniority permitting.
B.
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 "(time) 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. They, however, will receive the greater of the
two. 11. Q. Will the Productivity Fund payments be used as an offset
for any guarantee provisions? A. No.
B.
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. 13. Q. Does section 13 of Article IV permit the Carrier to hire
one or more new employees after the effective date of
this Agreement and thereby eliminate the Reserve Board
and a protected employee's right to a second
Brakeman/Yard Helper position. A. No. The Carrier must utilize all second Brakemen/Yard
Helpers and Reserve Board employees prior to hiring any
additional employees. A protected employee could not
thereafter occupy a Reserve Board, (second Brakeman/Yard
Helper) position until all non-protected employees are
furloughed. 14. Q. Under Article VI- Section 2 (a), what is meant by the
term "regular assignment"? A. Any working position. 15. Q. If an employee has his request for a guaranteed lay-off
under Article III- Section 5 delayed due to the needs
of the Carrier service, what procedures will be used to
notify the employee as to when the lay-off will be
granted? A. Employee requests will be listed in order of request.
When the Extra Board' lay-off percentage is such that
additional lay-offs will be granted, the first employee
on the list will be called and offered the lay-off
requested. The employee will have the option of laying
off at that time or withdrawing the request, holding
their position on the Board. 16. Q. Will non-protected furloughed employees hired after the
date of this Agreement be recalled in accordance with
Article VI Section lea) when there are protected
employees holding blankable or Reserve Board positions? A. No. Only protected furloughed employees will be
recalled under Section lea). Protected employees
holding blankable or Reserve Board positions will be
recalled to fill vacancies prior to non-protected
furloughed employees being recalled. 17. Q. In the application of Article III, Section III(a), (b)
and (c) does the term "not available" apply to employees
not rested on the Extra Boards? A. No. 18. Q. Does an employee who was hired after the effective date
of the 1980 Crew Consist Agreement and prior to December
21, 1989 have entitlement to place on the Reserve Board
on his/her respective seniority district? A. Yes, those employees have been granted rights as
protected employees under this Agreement to the extent
that they may place on Reserve Boards, however only
employees hired on or before september 15, 1980 have
rights to place on blankable second Brakeman/Yard Helper
positions. ' 19. Q. How will each day an employee is marked up on a
Guaranteed Extra Board be applied for qualifying for
vacation? A. The amount of make up guarantee will be converted to
equivalent' days in miles or hours as contemplated by the
1949 National vacation Agreement and that number of days
in addition to 'time worked, will be considered as
qualifying days for vacation purposes. 20. Q. For the purposes of Holiday pay, does time spent on the
Reserve Board count as meeting the requirements of
"qualifying days" and does it contribute to the work
requirements of "11 days out of the preceding 30 days"? A. No. Although the employee is in service and under pay
the employee is not "working" for the purposes of the
Holiday Pay Agreements and interpretations thereof. 21. Q. Does Section 3 of .. Article I prohibit the Carrier from
operating retainer trains under any condition other than
by use of a Utility Trainman to assist in setting or
releasing retainers? A. No. If the Carrier calls an extra Brakeman to fill a
reduced crew to a standard crew, or if the crew has been
bulletined and assigned as a standard crew, the crew
meets the requirements of the Crew Consist retainer rule
and a utility Trainman is not required. #1 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 December
21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September 15, 1980, for the Second/Third
Seniority Districts. During our discussions of Article I, Section 1 of the Agreement,
you expressed concern about reduced crews working with
extremely long trains. We assured you that our concern was for
employees to work safely in compliance with the operating and
safety rules 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
operations are conducted in the safest and most efficient manner.
It further was agreed reduced crews will not be censured,
disciplined or harassed if they do take longer to perform such
work.’ 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
#2
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 employees who are on
Guaranteed Extra Boards. The question developed when we discovered that actual
trip credits for these employees were less than those assigned to
regular jobs. They had to be available for call during the month
and some credit should be due for holding themselves available. It is therefore agreed that an employee 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 employee 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 on the Second and Third
Seniority Districts January 1, 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. E. Naro AGREED:
/s/ L. L. Nelson
#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 December
21, 1989 Agreement modifying the basic Crew Consist Agreement
effective September 15, 1980, for the Second/Third Seniority Districts. During our discussions on Article III- Section 3(d) of
the Agreement, the question arose as to whether an employee on
the Guaranteed Extra Board remained on the Guaranteed Board while
the employee was absent "due to Bereavement Leave, Personal Leave
Days, Vacations, Rule Classes, Jury Duty, Physical Examination or
other instances where the employee is held at the instruction of
the carrier." You were advised the purpose of the 'guarantee is to act
as a minimum of earnings for employees assigned to this Board.
Employees assigned to this Guaranteed Extra Board will have days
taken as set forth under Article III, Section 3(d) count as days
on the board for guarantee purposes. Compensation received for
these days, however, will be used as an offset to any guarantee
that may be due. 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
#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 Article III, Section 4(b) of the December
21, 1989 Agreement modifying the basic Crew Consist Agreement
effective September 15, 1980, on the Second/Third Seniority
Districts and the handling of Extra Boards by the Organization
prior to implementation of the Agreement. It is understood that prior to implementation the Extra Boards will be regulated 'based upon the current Agreement Rules
and practices in effect prior to the effective date of this
Agreement. It is further understood that at the end of the one
hundred twenty (120) days referred to in Article III, Section
4 (b) of the Agreement, the parties will meet and review the
Guaranteed Extra Board records of the prior payroll period.
These records will be used to set the number of employees on the
Guaranteed' Extra Boards based on the guarantee provisions of
Section 1 of Article III for the purpose of determining
adjustments to the Reserve Board. The one hundred twenty (120) day period will end during
the second half of April, 19,90. The parties will meet during the
second half of April when first half Extra Board records are
available and make the adjustments at that time. 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
#5
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 of Article III,
Section 5 of the December 21, 1989 Agreement modifying the basic
Crew Consist Agreement effective September 15, 1980, for the
Second/Third Seniority Districts. During our discussions the question arose concerning an
employee who had worked/protected more than fourteen (14) days
and requested two (2) days off. In the unlikely event that the
request was denied and the employee worked/protected an
additional seven (7) days, would the employee be entitled to take
three (3) days off? It was agreed the intent of the Agreement was not to
allow an employee to accumulate days off. in this instance the
employee was not attempting to accumulate and was denied the rest
days due to operational requirements. Under Article III, Section
5, the employee cannot take more than two (2) days off at anyone
time but would qualify for the additional time to be taken at a
later date. 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
#6
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
December 21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September 15, '1980, for the Second/Third
Seniority Districts. Section l(b) 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 1987 or 1988, whichever
is greater". It was agreed an employee's W-2 Form for the appropriate
year will be used to determine the employee's earnings during the
calendar year. Company' records will be utilized for those
employees who did not have all of their earnings on the territory
involved. It was also agreed that effective March 1, 1990,
employee's Reserve Board rate will be recomputed based on their
1989 earnings. If higher than the initial Reserve Board pay
calculation, the higher rate will be utilized. 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, discharged 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
#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
December 21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September 15, 1980, as amended, for the
Second/Third Seniority Districts. In discussion of the language in "Note 2" of Section 1
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 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 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 ebb and flow 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 reestablished when such
employees are reduced off the Guarantee Extra Boards and off
regular assignments. 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
#8
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
December 21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September 15, 1980, for the Second/Third
Seniority District. During our discussions of Article IV, Reserve Board, the
question arose concerning employees who held seniority on the
Second/Third District but were not working as Trainmen or Yardmen
when the number of Reserve Board positions were determined. It was agreed that if such employees returned to the
Second/Third District after the effective date of this Agreement
from Company positions such as Officers, Yardmasters and/or full-time
trainer/instructors, they must work for a period of one year before
being permitted to occupy a Reserve Board position. 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
#9
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 December
21, 1989 Agreement modifying the basic Crew Consist Agreement
effective September 15, 1980, for the Second/Third Seniority
Districts. During our discussions of Article IV, Section 3 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 them of his/het unavailability and on what
date he/she is to return. The employee must
contact CMS upon his/her return. (2) This period of unavailability will not exceed 30
days but may be extended by contacting CMS in
advance of the expiration of 30 days and obtaining
approval. (3) If the employee is displaced during this period,
he/she will have 72 hours from either the time
notified by CMS or the date designated for his/her
return as referenced in (2) above. 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
#10
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article IV, Section 3 of the December 21,
1989 Agreement modifying the basic Crew Consist Agreement
effective September 15, 1980, for the Second and Third Seniority
Districts. A question has arisen as to whether an employee may move at
will between Reserve Board positions and blankable second
Brakemen/Yard Helper positions. It is not the intent of the
Agreement to provide for movement between these positions on a
daily or weekly basis. The following shall govern the movement
of employees between blankable positions and Reserve Board
positions: (1) An employee on a Reserve Board position may make
application to a vacant blankable position upon
giving five (5) days notice to CMS. The employee
will be placed on the blankable position at 12:01
AM on the Monday following expiration of the five
(5) day notice. (2) An employee on a blankable position may make
application to the Reserve Board upon giving five
(5) day notice to GMS. The employee will be placed
on the Reserve Board at 12: 01 AM on the Monday
following the five (5) day notice. An employee may make application under paragraph (1) and (2)
above only once in a thirty (30) day period. 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
#11
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
December 21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September, 15, 1980, as amended, for
Second/Third Seniority Districts. 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. 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
#12
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article IV of the December 21, 1989 Agreement
modifying the basic Crew Consist Agreement effective September
15, 1980, on the Second/Third Seniority Districts. A question has been raised as to which employee should be
allowed to move to a Reserve Board position under the
following fact situation: (1) Reserve Board consists of twenty-five (25) positions.
Eighteen (18) of ' which are filled and seven (7) of which
are not filled due to must-fill requirements. (2) Two (2) employees return to service from Leave of
Absence, dismissal, etc., or two employees are displaced
due to reduction in assignment. This would result in an
increase of employees over the number necessary to fill
all must-fill and Guaranteed Extra Board positions. (3) Two (2) of the remaining unfilled Reserve Board
positions are available to eligible employees,
increasing the number of Reserve Board positions
available to be filled from eighteen (18) to twenty
( 20) It is agreed that it is the intent of the parties to allow
the senior employee who has an application on file for the
Reserve Board to be allowed the exercise of seniority to this
'position, prior to allowing the employee who has been displaced
from moving to the Reserve Board provided the employee with
application is senior to the employee with right of displacement. 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
#13
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
December 21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September 15, 1980, for the Second/Third
Seniority Districts. During our' discussions of Article IV, Section 4(a), 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 problems. 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
#14
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
December 21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September 15, 1980, for the Second/Third
Seniority Districts. During our discussions, you expressed concern that
certain groups of employees would participate in the buyout under
this Agreement who were not counted in determining the number of
Reserve Board positions. These groups were employees who were
off on a personal injury, officers who held seniority on this
territory, and those employees furloughed from this territory. such employees were not working on the effective date of
this Agreement and will not be counted. 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
#15
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: Questions have been raised concerning the filling of
vacancies under Article VI, Section l(a) of the December 21, 1989
Agreement modifying the basic Crew Consist Agreement effective
September 15, 1980, covering the Second/Third Seniority Districts . The issue involves the point at which the Carrier
determines that a vacancy is not filled by application and
furloughed employees must then be recalled or second
Brakemen/Yard Helpers force assigned to the vacancy. Situations
have developed where employees have been on the bump board or in
the process of being displaced when employees holding second
Brakemen/Yard Helper positions were forced to vacancies to which
displaced employees may have exercised their rights to within the
time limits of the working Agreement. In order to avoid the unnecessary movement of employees
it is agreed that the proper interpretation of Section 1 (a) is
that a vacancy is not "permanent" until employees who have
displacement rights have exercised those rights. Should
employees fail to place themselves within the time limits
provided they will be forced to the existing vacancies prior to
recalling furloughed employees or force assigning second
Brakemen/Yard Helper employees. 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
#16
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article VI, Section l(b) of the December
21, 1989 Agreement' modifying the basic Crew consist
Agreement, effective September 15, 1980. Section l(b) states that the application process, rather
than bulletins, shall be used to fill vacancies. Questions have
been raised as to how the application process works on new Yard
and Local assignments, changes in assignments, changing to full
crews, new cars in pool freight and additions to Extra Boards. New Yard and Local assignments, changes in assignments
(rest days, starting times, etc.) and assignments that go to and
from reduced crews/full crews will have a notice posted advising
of the details of the assignment as required in the October 1,
1975, work rules agreement. At the end of the notice period the
vacancies will be filled by the senior applicant and resulting
vacancies will be filled by the application process. New cars and vacancies in pool freight service and Extra
Board additions and vacancies will be filled by application. 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
#17
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article VII of the December 21, 1989
Agreement modifying the basic Crew Consist Agreement effective
September 15, 1980. Questions were raised concerning the payment
of the Productivity Fund and Special Allowance when utility
Trainmen, Herders ahd/or Extra Board employees or other employees
are assigned to assist short crews during their tour of duty. It was agreed that the Productivity Fund would be
credited and Special Allowance would be paid to reduced crews
based on the assignment being bulletined as a reduced crew and
irrespective of whether the crew was assisted by a single
assignment (Utility Trainmen, Herders, etc.) or from the Extra
Board. When a protected employee bids on a blank able position
the productivity Fund and Special Allowance will not be paid,
except as provided in the September 15, ,1980, Crew Consist
Agreement. Should the Carrier change the bulletin to a full crew,
then the Productivity Fund and Special Allowance will not be
paid. 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
#18
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 December
21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September 15, 1980. . During our discussion of the Hinkle Yard operation, two
questions arose as follows: 1) Should "Trim" jobs be operated with full (standard)
crews? 2) Would the' Yard Helper (Pin-puller) on the "Hump"
job be allowed periodic rest breaks? To resolve these issues, it was agreed the Trim jobs would
remain full (standard) crews for so long as the present operation
continues. It was further agreed that any Yard Engine engaging
in Trimming operations would be manned by a full (standard) crew.
If the operation is changed so that the Foreman can work "on
ground" with the crew during Trimming operations, the Carrier may
reduce these crews to a Foreman' and one (1) Yard Helper. The General Chairman and the Local Chairman will meet with
the Director Labor Relations and Terminal Superintendent to
review any changes which have taken place that might permit Trim
crews to be reduced, in an effort to reach agreement on crew
reduction. Such meeting will be held prior to any actual crew
size reductions to Trim crews. With respect to providing a rest break for the 'Hump Pin-Puller,
it was agreed that if the Pin-Puller works two and one-half
(2 1/2) hours without at least fifteen (15) minutes release
from his duties, this employee will be allowed a fifteen (15)
minute uninterrupted break. This rest break is to be separate
from, and in addition to, the lunch period. 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
#19
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
December 21, 1989 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 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 one hundred twenty (120)
days from the date of implementation to secure a
sufficient supply of radios for reduced crew
operations on the Second/Third Seniority Districts
and after that date, 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 develops concerning the number
of full crews operated by the Carr ier, 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
#20
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
December 21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September 15, 1980, for the Second/Third
Seniority Districts. During our discussions you advised that a problem had
arisen concerning employees being able to have recharged
batteries for their radios. This was caused by the fact that
there were insufficient chargers available. It was agreed the Carrier would obtain chargers for each
employee on the Second/Third Districts. The order for these
chargers will be placed no later than November 30, 1989, and will
be assigned in seniority order as they arrive. 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
#21
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 December
21, 1989 Agreement modifying the basic Crew consist Agreement
effective September 15, 1980, for' the Second/Third Seniority
Districts. 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
one hundred twenty (120) days of December 1, 1989. 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
#22
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article III, Section 2(b) of the December 21
1989 Agreement modifying the basic Crew Consist Agreement
effective September 15, 1980. Section 2(b) refers to penalty claim payments being paid in
addition to the employee's guarantee. Two questions have arisen
concerning this Section. The first question concerns the
procedural handling of time claims since employees may be working
several different positions during the time between the original
claim and the settlement. To alleviate procedural concerns the
following guidelines and examples are adopted: 1) The payroll period in which the incident happened will
be the determining factor for all future handling. Example: Employee A is on the Guaranteed Extra Board on
August 29. He is used off his seniority district in
emergency service, however, he does not make a claim
until September 2. On September 2 he is working a pool
freight assignment. The claim is settled on December 5
when the employee is again working on the Guaranteed
Extra Board. The last half August payroll will be used to determine
all aspects of the. claim. 2) The guarantee paid during the payroll half when the
incident occurred will be used for determining any
offset to the claim. Example: An employee earns $150 guarantee during the
last half August. Two claims are filed during the last
half August, one a penalty claim for $100 and one a work
performed claim for $200. They are settled on the first
half December when the employee earns $500 guarantee off
the Extra Board. The $500 guarantee on the settlement payroll period is
ignored because the claims happened on the last half
August. The $100 penalty claim is allowed because it is
in addition to any guarantee. Only $50 of the $200
working claim is allowed because the employee was
allowed $150 guarantee. Had the employee been
properly paid on the last half August he would have received $200
in working pay and the guarantee would not have been
paid. The amount due is thus $50 ($200 - $150) plus the
$100 penalty pay. The second question concerns what payments are considered to
be penalty payments. In reviewing this matter the parties agreed
that it would not be practicable to attempt to list all such
possible payments; however, the following general guidelines would apply: 1) Payments that are made due to an employee being
disadvantaged in his earning capacity as a result of
Carrier mishandling, something recognized as a
contractual violation and not just an interpretation of
pay entitlement as provided by Agreement. The employee
being used outside his/her assigned territory would be
an example of a penalty payment. Other examples, but
not limited to the following would be: a) Runaround payments. b) Road switcher used outside assigned territory. c) Used off seniority district (Albina Yard Extra Board
employee used on First Seniority District in
emergency) d) Wrongfully used off his/her assignment outside agreed
upon vacancy procedures. 2) Payments that are made to make an employee whole for
loss of earnings are not penalty payments. Examples,
but not limited to the following would be: a) An employee is not marked up to the Board due to
Company error. He files a claim for 500 miles lost
earnings. Due to this error the Carrier makes the
employee whole for his lost earnings. b) In a time claim conference, claims for work performed
but not paid for, Le., air pay, side trips, switching
allowances, are allowed. Had these been originally
allowed, they would have been used as a guarantee offset
and the claim settlement is a make whole settlement and
is used as an offset. 3) Payments provided for by Agreement such as regular pay
or pay for time in lieu of work are not penalty
payments. Examples, but not limited to the following
would be: a) Payments listed in 2(b) above.
b) More than one class of road service.
c) Called and released.
d) Held-Away-From-Home Time.
e) Initial and Final Terminal Delay.
f) Overtime.
g) Deadheading. The above guidelines and examples are not all inclusive, but
are intended to provide guidance to the parties to assist in
settling disputes as they arise, 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
#23
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article III, Section 4(a) of the December 21
1989 Agreement modifying thebasic Crew Consist Agreement
effective September 15, 1980. Section 4(a) provides for the Carrier to regulate the number
of employees on the Guaranteed Boards. Both parties have an
interest in stabilizing the Boards and in providing enough
employees to meet the needs of service. To meet these
requirements, the parties agree ,to the following: 1) Prior to implementation the Local Chairman and the
Director-CMS will agree on the specific day and time of
the week to adjust each Board on a regular basis.
Thereafter any change in regulation days must be
approved by the General Chairman. The General Chairman
and Director Labor Relations may agree to adjust the
Board at other times if the need arises. 2) Those provisions that require additional positions to be
added to the Board for seven days shall operate
independent of Section 1 above. ' 3) The' Carrier may replace Extra Board employees who are
removed from active service without waiting for the
regular adjustment period. This may include employees
laid off personal. injury, removed due to discipline,
vacations, etc. Should problems arise with the regulation of Extra Boards,
the Carrier and the Organization shall meet within 30 days of
request by either party and endeavor to solve the problems. 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
#24
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article III, Section 1 of the December
21, 1989 Agreement modifying the basic Crew Consist Agreement
effective September' 15, 1980. Article III, Section 1, provides for the establishing of
Guaranteed Extra Boards. Rule 30 (d) of the October I, 1975
working Agreement provides for Horne or Feeder Boards to be
designated when there are two or more Extra Boards on one
Seniority District. The parties agree to designate the following Feeder Boards. a) Albina Yard Board - Covers The Dalles Combination Board
b) La Grande Combination Board -- Covers Hinkle Yard Board 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
#25
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article III, Section 5 (f) (i) of the December
21, 1989 Agreement modifying the basic Crew Consist
Agreement, effective September 15, 1980. Section 5 (f) (i) refers to twenty (20) percent of the Extra
Board being off as a factor in determining when guaranteed time
off requests will be granted. In conference, we discussed the
need to define what would and would not be counted in determining
the twenty (20) percent. The following is agreed to as not
counting towards the twenty (20) percent: a) Vacations.
b) Student qualifying trips.
c) Laid-Off Company.
d) Personal injuries after 72 hours. 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
#26
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article IV, Section 6 (a) of the December
21, 1989 Agreement modifying the basic Crew Consist Agreement,
effective September 15, 1980. Questions arose as to whether the term "other employment
while on the Reserve Board" included such work as a Company
Officer, Instructor or ADEPT Instructor, etc. It is agreed that
employees who elect to work in these, capacities cannot hold
positions "on the Reserve Board. They may' relinquish Reserve
Board positions and then perform these, services. 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
#27
Mr. L. L. Nelson
General Chairman, UTU (C&T)
936 S. E. Ankeny Street - suite F
Portland, Oregon 97214
Dear Sir: This refers to Article 'VI, Section 1 (d) of the December
21, 1989 Agreement· modifying the basic Crew Consist Agreement
effective September 15, 1980. The parties agree that, if business levels decline to
the point where employees with seniority dates established prior
to September 15, 1980, may become furloughed, temporary vacancies
on blankable second Brakeman/Yard Helper positions to which an
employee is regularly assigned will be filled by employees with
pre-September 15, 1980 seniority dates working on the protecting
Extra Boards. ' Employees who establish seniority in train service
subsequent to September 15, 1980 shall not be permitted to fill
temporary vacancies on blankable second Brakeman/Yard Helper
positions. 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
#28
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
December 21, 1989· Agreement modifying the basic Crew Consist
Agreement effective September 15, 1980, for the Second/Third
Seniority Districts. During our discussions of Article VII, Section 1 of the
Agreement, questions arose as to application of Reserve Board
offsets for the purpose of Productivity Fund payments. It was
agreed that the offsets referenced in Article VII, Section 1 will
be applied as follows: The total number of employees assigned to the Reserve
Board used as an offset against the number Of productivity Fund
plugs for reduced crews operated on a territory is limited to a
five (5) day per week basis, i,·e. offsets for Reserve Board
employees may be made only for five (5) days. When employees who are assigned to the Reserve Board
qualify for and take vacation, their Reserve Board positions will
not be counted in the offset against Productivity Fund payments. 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
#29
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
December 21, 1989 Agreement modifying the basic Crew Consist
Agreement effective September 15, 1980, for the Second/Third
Seniority District. During our discussions of this Agreement, you expressed
concern with the implementation of the Modified Crew Consist
Agreement and the ATCS/Work Order System. Your two primary
concerns were: (1) the Carrier would artificially reduce the
Reserve Boards in order to implement the ATCS/Work Order System;
and (2) the Conductor/Foreman in the reduced crew operations
would be preoccupied with operation of the computer rather than
assisting the Brakeman/Helper in the performance of their
switching duties. You were advised the Carrier had no intention of
artificially reducing the Reserve Boards because of
implementation of the ATCS/Work Order System. Only those
employees on the Reserve Board who apply' for extra work as
provided in Section 6 (b) of Article IV of the Modified Crew
Consist Agreement and the first 10% of the Reserve Board who
would be subject to recall will be trained. All other employees
on the Reserve Board will not be trained until they fall within
the next 10% to be recalled or are recalled. , With respect to your second concern, you were advised
that the ATCS/Work Order System' does not change the
responsibility of the Conductor/Yard Foremen to assist in
switching operations. Although these employees will be utilizing
a computer where they used a pencil and paper before, they will
still be obligated to work with the Brakeman/Yard Helper as they
did before. I further assured you that this point would be
emphasized in the ATCS/Work Order Training for Conductors. Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
#30
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 of application of
Article IX - Personal Leave of the basic Crew Consist Agreement
effective September 15, 1980 and agreed upon interpretations
thereof and modification of same as provided for by Article III;
Section 5 (h) of the December' 21, 1989 Modified Crew Consist
Agreement. The parties have 'agreed that the restrictions imposed by the
1980 Crew Consist Agreement in the application and
utilization of Personal Leave are no longer valid under current
operating conditions, therefore Personal Leave will now be
applied as follows: All employees, regular or extra, holding Personal Leave
entitlement under Article IX of the September 15, 1980 Agreement
covering Crew Consist may request a paid ,personal leave day(s) to
be deducted from their allotment when laying off. In those cases
the employee shall be allowed the day(s) without the need to wait
for his/her train to be called as provided in the September 15,
1980 Agreement. Extra men shall be paid in accordance with
provisions of Article ,III, Section 3(d) and Side Letter #3 of the
December 21, 1989 Modified Crew Consist Agreement. Regular men
shall be paid in accordance with existing Schedule Rules. 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
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 tQ 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
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 1, 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
April 20, 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 meeting of April 19, 1990, which
complied with the provisions of the Modified Crew Consist
Agreement effective December 21, 1989, requiring a l20-day
meeting to adjust the Guaranteed Extra Board and Reserve Boards. I was pleased to hear the comments made by the Third
District UTU Committee concerning the higher morale, more time
off and lower personal injuries that the Agreement provided their
members. In addition, we noted that the productivity fund was
currently in excess of $20 per share, which also provides a clear
financial benefit to the employes. In the meeting the following was agreed to: 1. The Third District Reserve Board was adjusted to 55
positions due to Extra Board adjustments. 2 . The Second District Reserve Board was adjusted to 56
positions due to Extra Board adjustments. 3. All road, yard and combination Extra Boards on the
Second and Third Districts would be adjusted on
Tuesdays, effective April 24, 1990 .. , 4. While Side Letter #16 provides for a notice on new and
changed yard and local assignments, the filling of the
initial vacancies will be handled by the application
process. 5. The two conditions required for twenty (20) trip
credits in Side Letter #2 are (a) be on the Extra Board
the entire month; and (b) not lose your guarantee for
either half of the month. A layoff without loss of
guarantee does not impact the opportunity to receive
the twenty (20) trip credits. Should the items listed above be in accordance with
your records of the meeting, please sign all four copies and
return two to this office. Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman
AGREEMENT
between UNION PACIFIC RAILROAD COMPANY
Northwest District-Oregon Division and UNITED TRANSPORTATION UNION (C&T)
Second Seniority District Fence provisions of the various Agreements restrict
movement to or from the job assignment outside the bulletin
period of the assignment. In order to comply with Article II-
Implementation, of the Modified Crew Consist Agreement effective
December 21 , 1989 , the parties agreed to include the fence jobs
in the rebulletining of all assignments during the first half
December 1989. This was done to accord all employees under the
Agreement a fair opportunity to exercise their seniority. In addition, Article VI, Section 3 of the Modified Crew
Consist Agreement provides for a Sadie Hawkins Week twice a year.
One is scheduled the first week of May to be effective June 1 and
the other is scheduled the first week of November to be effective
December 1. It is the intent of the par ties to coordinate the
fence provisions of the Castle Turn, (ODB-4160) and the
provisions of the Traveling Switcher Agreement dated December 21,
1973 (Appendix No. 5 of the October 1, 1975 Agreement) as amended
by Agreement dated May 30,1986 (LR 520-17), with the Sadie
Hawkins provisions of the Modified Crew Consist Agreement
effective December 21, 1989. Therefore it is agreed: (1) The one year period of the fence
provisions is amended to read June 1 through May
31 . The assignments will be bulletined during the
first week of May to be effective June 1 so that
they run concurrent with the Sadie Hawkins
provisions for movement to or from a Reserve
Board. (2) The fence provisions will not apply to
employees who hold blankable positions. (3) Employees may not use the December Sadie
Hawkins provisions to displace an employee on a
fence job, except when such senior employee is
unable to hold any other position (Regular or
Extra) on the Seniority District. (4) Employees on fence jobs will not be
allowed to make application to the Reserve Board
except during the Sadie Hawkins week bulletined
the 1st week of May to be effective June 1 of each
year. Signed this 6th day of December, 1989 at Portland,
Oregon. UNITED TRANSPORTATION UNION
/w/ L. L. Nelson
General Chairman UTU (C&T) UNION PACIFIC RAILROAD COMPANY
/s/ W. S. Hinckley
Director Labor Relations
UPRRCo. UNION PACIFIC RAILROAD COMPANY June 8, 1990 File: 380.10-4 Mr. L. L. Nelson
General Chairman, UTU C&T
936 SE 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 H10 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 1: 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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