Description:
MEMORANDUM AGREEMENT 380.10-4 The parties entered into three separate Modified Crew
Consist Agreements covering the Oregon First, Second, Third,
Fourth and Fifth Seniority Districts and the SIRR. The
Agreements were negotiated consecutively and each area had unique
circumstances; i.e., furloughed employes in some areas, post 1985
new hires in other areas, assigned service for some employes,
etc. Due to the reasons specified above the language and
terms in the three Agreements are different in some aspects.
Some differences are intended and some are not. In order to
coordinate those items that are intended to apply to all three
Agreements the pa::ties agree that the following shall apply to
the three Modified Crew Cons is t Agreements, in addition to the
provisions already contained therein: A. GUARANTEED EXTRA BOARDS:
B.
( 1) Guarantee rates of pay will be subject to all wage and COLA increases
provided by National negotiations. B. RESERVE BOARDS: (1) Reserve Board and blankable second Brakeman/Yard
Helper positions will not be occupied when
employes hired after the effective date of this
Agreement are working. (2) Employes on the Reserve Board are not eligible for
Holiday Pay, Bereavement Leave, Jury Pay and all
other similar special allowances. Employes
working on other territories pursuant to
applicable Sections of the Reserve Board Articles
will be eligible for payment of these special
allowances and may earn vacation for the following
year, the same as any other regular employe. C. PRODUCTIVITY FUND/SPECIAL ALLOWANCE: (Hinkle - North) (1) Effective June 1,1990, the Productivity Fund
Payment shall be $55.00. (2) The special allowance will be increased to $10.00
for employes hired prior to the effective date of
this Agreement and is subject to all wage and COLA
increases. For employes 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. The increase will be effective June 1, 1990. D. VACANCIES: (1) The application process, rather than bulletins,
shall be used to fill vacancies. 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. (2) Employes 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 employe with less
seniority. In addition to the above, the attached Questions and
Answers and Side Letters are part of this Agreement. Signed this 31 day of May, 1990, at Portland, Oregon. UNITED TRANSPORTATION UNION
/s/ L. L. Nelson
General Chairman UNION PACIFIC RAILROAD COMPANY
/s/ W. S. Hinckley
Director Labor Relations COORDINATION AGREEMENT SUPPLEMENTAL
QUESTIONS AND ANSWERS 1.
Q. Does Section B(l) of the Coordination Agreement permit
the Carrier to hire one or more new employes after the
effective date of this Agreement and thereby eliminate
the Reserve Board and a protected employe's right to a
second Brakeman/Yard Helper position? A. No. The Carrier must utilize all second Brakemen/Yard
Helpers and Reserve Board employes prior to hiring any
,additional employes. A protected employe could not,
thereafter, occupy a Reserve Board (second Brakeman/
Yard Helper) position until all non-protected employes
are furloughed. 2.
Q. Will non-protected furloughed employes hired after the
date of this Agreement be recalled in accordance with
the various vacancy procedures when there are protected
employes holding blankable or Reserve Board positions? A. No. Only protected furloughed employes will be
recalled under those procedures. Protected employes
holding blankable or Reserve Board positions will be
recalled to fill vacancies prior to non-protected
furloughed employes being recalled. 3 .
Q. In the application of the various Sections covering
reductions in guarantees pertaining to the Guaranteed
Extra Board, does the term "not available" apply to
employes not rested on the Extra Board? A. No. 4 .
Q. How will each day an employe 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. 5.
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 employe is in service and under pay,
the employe is not 'working" for the purposes of the
Holiday Pay Agreements and interpretations thereof.
UNION PACIFIC RAILROAD COMPANY
Side Letter 1 (A) January 10, 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 Article X, Section 3 of the Modified
Crew Consist Agreement dated July 13, 1989, covering the
Oregon First Seniority District. Section 3 states that an employe on the reserve board
must " ... work, seniority permitting, for six continuous months in
every thirty month period ... ". Later the Section advises that
employes who have " ... not met this requirement at the end of a
thirty month period shall have their reserve pay halted ... ". Questions have arisen as to whether the reserve pay is
halted at the end of twenty-four months if the employe does not
return to service at that time or after the thirty month period.
It was the intent of the parties to require an employe to begin service
sufficiently in advance of the thirty month period to
achieve the six months continuous service prior to the end of the
thirty month period. The intent of the language was to halt
reserve pay at the point in time when the requirement could not
be met (twenty-four months). This intent was clarified in the Oregon Second/Third
Seniority District Modified Crew Consist Agreement where in
Article IV, Section 4(b) the words "at the end of a thirty month
period" were purposefully omitted and reserve pay is to be halted
when the requirement cannot be met. If the foregoing correctly sets forth the understanding reached in
conference, please affix your signature below. Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T UNION PACIFIC RAILROAD COMPANY Side Letter 2(A) Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 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 CMS. 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
Side Letter 3(A)
Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir: This refers to Article IV of the December 21, 1989 Agreement modifying
he 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
Side Letter 4(A)
Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir: Questions have been raised concerning the filling of
vacancies under Article VI, Section 1(a) of the December 21, 1989
Agreement modifying the basic Crew Consist Agreement effective
September I5, 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 6 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
UNION PACIFIC RAILROAD COMPANY
September 19, 1990 380.10-4 Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir: Several questions have arisen due to the force
assignment of employees to various vacancies, as to when Side
Letter No. 4 (a) (Side Letter No. 15 of the Second/Third District
Agreement) of the Coordination Agreement applies and whether it
amends Rules 33 (m) and (n) and 52 (b) of the Northwest District
Agreement effective October 1, 1975. Side Letter No. 4 (a) was written to prevent the force
assignment of employees on blankable positions (Second
Brakeman/Helper) to must-fill vacancies, when the number of
employees on must-fill positions and on the Bump Board were equal
to the total number of must-fill assignments. It was not intended
to prevent the force assignment of employees on blankable
positions when there were more must-fill assignments than
available employees on must-fill positions and the Bump Board. It was not the intent of Side Letter No. 4 (a) to
eliminate the requirements of rules 33 (m) and (n) and 52 (b).
If such were the case, it would unfairly impact the rights of
senior employees under these rules. The re~all of employees from
the Reserve Board and blankable brakemen/yardmen positions (who
have displacement rights) still permits force assignment under
the rules listed above. Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T
Side Letter 5(A)
Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 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
Side Letter 6(A)
Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 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, Le. 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 Yours truly,
/s/ W. E. Naro AGREED:
/s/ L. L. Nelson
Side Letter 7(A)
Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 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 and/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 blankable posit ion
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 UNION PACIFIC RAILROAD COMPANY Side Letter 8(A)-1
Coordination Agreement
Files 2130-1
380.10-4 January 11, 1990 Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir: The Articles covering vacancies in the three Modified
Crew Consist Agreements, identified as follows: Article VI-,Second/Third Seniority Districts
Article XIII- First Seniority District
Article VII- Fourth/Fifth/SIRR Districts were not intended to conflict with Rule 30 of the Working
Agreement effective October 1, 1975. The proper procedure to be
followed when a permanent vacancy exists on a Conductor's Extra
Board and no applications are on file, and no Conductors are
furloughed is to assign the junior unassigned Conductor at the
point. This employee may be working a must-fill Brakeman/Yard
Helper position, blankable Brakeman/Yard Helper position, or be
on the Reserve Board. When Conductor vacancies are filled
resultant Brakemen/Yard Helper positions are filled by use of the
appropriate Article refer red to above. while employees recalled from the Reserve Board
normally have a displacement right, if the employee is the junior
unassigned Conductor at the point where the vacancy exists the
employee is required to take the Conductor's position or displace
a junior employee at some other point . If the foregoing correctly sets forth the understanding
reached in conference, please affix your signature below . Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T UNION PACIFIC RAILROAD COMPANY September 21, 1990 Coordination Agreement
Side Letter 8A-2 Files: 2130-1
380.10-4 Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir: The Articles covering vacancies in the three Modified
Crew Consist Agreements, identified as follows: Article VI - Second/Third Seniority Districts
Article XIII - First Seniority District
Article VII - Fourth/Fifth/SIRR Districts were not intended to conflict with Rule 33 (M) of the Working
Agreement effective October I, 1975. The proper procedure to be
followed when a permanent vacancy exists on a Conductor's
assignment and no applications are on file , and no Conductors are
furloughed is to assign the junior unassigned Conductor at the
point and the remaining steps in Rule 33 (M) if there are none
available at the point . This employee may be working a must-fill Brakeman/Yard
Helper position, blankable Brakeman/Yard Helper position, or be
on the Reserve Board. When Conductor vacancies are filled
resultant Brakemen/Yard Helper positions are filled by use of the
appropriate Article referred to above . While employees recalled from the Reserve Board
normally have a displacement right, if the employee is the junior
unassigned Conductor at the point where the vacancy exists , the
employee is required to take the Conductor ' s position or displace
a junior employee at some other point. If the foregoing correctly sets forth the understanding
reached in conference, please affix your signature below. Yours truly,
/s/ W. S. Hinckley
Director Labor Relations AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T Coordination Side Letter
Number 9A MEMORANDUM AGREEMENT
Of
UNDERSTANDING
380.10-4 The three Modified Crew Consist Agreements provide for
the recall of employees from Reserve Boards to fill vacancies in
certain instances. The Agreements provide for employees to have
up to 30 days from the notice of recall to report for duty and
provides for pay for 7 days from the notice. Other provisions of the Agreements provide for
employees on the Reserve Board to be away from their residence
for up to 30 days provided that they notify CMS of absence s of
longer than 72 hours. Questions have been raised as to how these
absences affect the notice of recall and time limits of the
Agreements. A review of notice provisions of other Agreements,
(recall from furlough, discipline) and Arbitration Awards
indicate that notice is considered as given based upon the
postmark date on the envelope containing the notice , actual
telephone notice of the letter or physical delivery of the
letter. While notice under the Modified Crew Consist Agreements
is governed by the same principles, it is agreed that a specific
understanding of these principles would be beneficial to both the
employees and the Carrier. SIGNATURES NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT
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