Back to Agreements

1992 CREW CONSIST MODIFICATION - NWD

Year: 1992
Download: Download PDF File
Type:
  • Agreement
  • Agreement / Crew Consist Agreements
Carrier:
  • UP
Craft:
  • Yardmen
  • Trainmen
District:
  • Northwest (Portland Hub Zone 1 & 2)
  • Northwest (Portland Hub Zone 1 & 2) / 1st District
  • Northwest (Portland Hub Zone 1 & 2) / 2nd District
  • Northwest (Portland Hub Zone 1 & 2) / 3rd District
  • Northwest (Portland Hub Zone 1 & 2) / 4th District
  • Northwest (Portland Hub Zone 1 & 2) / 5th District
Geography:
  • Oregon
  • Washington
Union:
  • SMART-TD
Class of Service:
  • Road
  • Yard
Description:

MEMORANDUM OF
AGREEMENT

Between the
UNION PACIFIC RAILROAD COMPANY

for the territory

OREGON DIVISION

NORTHWESTERN DISTRICT

and the

UNITED TRANSPORTATION UNION (C&T)


IT IS AGREED:

1. The purpose of this Memorandum of Agreement is to amend the applicable
existing rules and practices involving the Crew Consist Agreement dated
September 15, 1980, and the Modified Crew Consist Agreements of October 28,
1988 (Hinkle North), July 13, 1989 (First District), and December 21, 1989
(Second and Third Districts), which address Crew Consist, Separation,
Guaranteed Extra Boards, Reserve Boards, Productivity Funds, Special
Allowances and other related matters as provided herein. Any rules,
practices, or agreements not specifically modified or eliminated by this
Agreement will remain in full force and effect.

2. All employes who established a seniority date prior to the effective date of the
applicable Modified Crew Consist Agreements continue to be protected
employes under provisions of those respective Modified Crew Consist
Agreements.

3. All employes hired prior to the effective date of this agreement are protected
employes under the terms of this agreement.


ARTICLE I
CREW CONSIST

1. The basic Crew Consist Rules regarding standard or modified crew size as set
forth in pre-existing Crew Consist Agreements shall continue to apply to pool
freight, assigned through freight, local, road switcher, yard runs and other
assignments, except as amended by this Agreement.

2. The Carrier shall be permitted to work Conductor-Only trains in pool freight
service based on the following:

a. There shall be no car count or train length limitations in the
operation of trains with crews consisting of a Conductor-Only.

b. Upon implementation of this agreement, the Carrier may commence
"Conductor-Only" operations on those trains on which no
more than a total of three (3) work events are performed between
the initial and final terminal of the crew, regardless of length.

A work event is considered to be one (1) straight pick-Up or one
(1) straight set-out. Picking up, setting out, or exchanging one
or more locomotives and setting out a bad order car shall not be
considered an event. Work performed in the initial and/or final
terminal (s) will be governed by applicable rules.

NOTE 1:
Straight pickup or setout, as referred to above,
means pickup of a car or cars coupled together and
first out that go together in one place in the train;
straight setout means setout of a car or cars coupled
together in the train that are set out in one movement.
Hanging onto cars already in the train in
order to make a straight pickup or straight setout
is permissible under this agreement.

NOTE 2:
Each type of move, pickup or setout will be considered
as separate work events for the purpose of
application of this agreement. Thus a pickup and
setout at an intermediate point will count as two
work events. Conductors working Conductor-Only
trains will not be required to perform more than
three work events nor will they be censured or
disciplined for refusal to do so.

c. Conductor pools shall protect applicable pool freight service. When a
brakeman is needed for pool freight service, the vacancy will be filled
from the extra board protecting this service in accordance with vacancy
procedures. Brakemen used in pool freight service shall be
independent from the conductor and shall make the return trip only
when called by the Carrier. A brakeman working to the away-from-home
terminal shall not be worked back to the home terminal as a
conductor except in accordance with existing vacancy procedures.

Trainmen held at the away-from-home terminal (HAHT) shall receive
continuous "held-away-from-home" terminal time after being held 16
hours. No more than eight (8) hours of HAHT pay may be offset from
an extra board guarantee during anyone stay at the away-from-home terminal.

In no event will a brakeman be held at the away-from-home terminal
more than twenty-four (24) hours. If not used by that time, the
employe will be deadheaded to the home terminal on the first and most
expeditious available transportation.

d. It is understood that crews in pool freight service may be operated with
more crew members provided for in this agreement should the Carrier
deem it necessary. Local UTU and Carrier representatives will review
local operations on a regular basis to ensure such operations are
conducted to reflect the safest and most efficient manner.

e. A conductor-only crew member will not be censured, disciplined or
harassed if the conductor takes longer to perform work than the time
taken by a crew with two (2) or more employes.

f. Conductor-Only operations in pool freight service' shall also include the
following:

i. Made-up pool crews used in accordance with applicable rules to
protect pool freight service.

ii. Pool crews transported to a point between terminals to handle a
train from that point to the final terminal;

iii. Pool freight service Hours of Service relief which shall be subject
to the three (3) work event restriction, but such restriction will
not be reduced by any work events which may have been
performed by the crew being relieved; and,

iv. Business car specials and light engine (no cars) operation.

3. The Carrier shall be permitted to work Conductor-Only/Foreman-Only
assignments in through freight, local, road switcher and yard service limited
to the following:

i. Hours of Service relief (tow-in only);

ii. Assigned yard transfer runs (which includes incidental work
such as coupling cars in connection with the transfer movement
so long as the cars are on the minimum number of tracks but does
not include switching); and,

iii. MODIFIED TO READ:
“When one member of a Conductor/Brakeman or Foreman/Helper
assignment leaves the assignment after going on duty, the
remaining member of the crew may complete the assignment, but
only to the extent that the work left to be performed will not
involve or require switching. Rather, the only work that can be
performed will be replacing the balance of the cut of cars to a
track or yarding a transfer movement into a track."

Should the parties be unable to reach agreement, either party may refer the
issue to arbitration. Arbitration shall be subject to the following procedural
requirements:

a. No arbitration until twelve (12) months of local negotiations.

b. Arbitration shall be limited to specific assignment;

c. The arbitrator shall be limited to the issues involved in Conductor-Only
/Foreman-Only Operations in through freight, local, road switcher
and yard service; and,

d. Expenses of the proceeding will be borne by the party incurring them.
The fees and expenses of the arbitrator shall be shared equally by the
parties.


ARTICLE II
SEPARATION ALLOWANCE

As a result of this agreement, the Company will solicit voluntary separation requests
from eligible train and yard service employes for a period of thirty (30) calendar
days from November 20 through December 20, 1991. The employe will select one of
the following amounts for the employe's separation allowance: the employe's 1986,
1987, 1988, 1989 or 1990 earnings with a minimum of sixty thousand dollars
($60,000), less all deductions required by law. Employes electing separation shall
be afforded the options set forth in Attachment 1. The terms of said Attachment I
shall govern in the granting of separations.


ARTICLE III
GUARANTEED EXTRA BOARDS

1. Effective with the implementation of this agreement, all existing Guaranteed
Extra Boards shall continue as established or modified herein. However,
two (2) years from the effective date of this Agreement, the following extra
boards will become Combination Guaranteed Extra Boards as described
below:

a. New Combination Conductor/Brakemen Extra Boards

Portland (First District)
(Conductor-Brakeman)
Trainmen assigned to these boards who were hired
prior to the effective date of this Agreement will be
guaranteed 20 basic days per pay period. Those
trainmen hired on or after the effective date of this
Agreement will be guaranteed 18 basic days per pay
period.

Portland (Second District)
(Conductor-Brakeman)
Trainmen assigned to these boards who were hired
prior to the effective date of this Agreement will be
guaranteed 20 basic days per pay period. Those
trainmen hired on or after the effective date of this
Agreement will be guaranteed 18 basic days per pay
period.

Hinkle (Second District)
(Conductor-Brakeman)
Trainmen assigned to these boards who were hired
prior to the effective date of this Agreement will be
guaranteed 20 basic days per pay period. Those
trainmen hired on or after the effective date of this
Agreement will be guaranteed 18 basic days per pay
period.

La Grande (Third District)
( Conductor-Brakeman-Yardman)
Trainmen assigned to these boards who were hired
prior to the effective date of this Agreement will be
guaranteed 20 basic days per pay period. Those
trainmen hired on or after the effective date of this
Agreement will be guaranteed 18 basic days per pay
period.

The 20 and 18 basic days' guarantees will be applied to the existing guaranteed extra
boards on implementation of this agreement at the 1-80 car local basic daily rate of
pay for either brakemen or conductors as appropriate.

Upon combining of the guaranteed extra boards listed above, the rate of pay will be
the conductor's local basic daily rate of pay, 1-80 car count.

b. The new Guaranteed Combination Boards established in two years as
described above will protect both conductors' and brakemen's
assignments in Pool Freight and road service (the LaGrande Board will
also protect yard service in LaGrande), except where other boards are
developed to meet a specific need. Inasmuch as these boards will
primarily protect conductor assignments in Pool Freight Service,
employes must have a conductor seniority date to be assigned to such
boards.
c. It is recognized some of the work flowing to these boards will remain
brakeman's work, therefore, on implementation of the combination
boards as previously described, eighty (80) percent of the positions on
the boards will be assigned to employes based on their conductor's
seniority date with the remaining twenty (20) percent based on
brakemen's seniority.

2. Existing Guaranteed Combination Extra Boards will continue to protect all
applicable extra road and yard service needs, both conductor/foreman and
brakeman/yardman as prescribed by agreements providing for each respective
board. However, two (2) years from the date of this Agreement, employes on
all boards protecting road service must have a conductor's seniority date to
be assigned to such boards, and will be assigned based upon their conductor's
seniority date.

3. Effective on the date of this agreement, the existing Yardman Extra Boards,
will have guarantee payments increased as described below:

Albina - Thirteen (13) basic days at the yard helper's rate of pay.

Hinkle - Thirteen (13) basic days at the yard helper's rate of pay.

4. Effective on the date of this agreement, all Guaranteed Extra Boards will be
regulated by the Carrier subject to the Carrier's obligation to keep a
sufficient number of employes on such boards to permit reasonable absence
privileges. To ensure this obligation, Carrier will maintain a minimum number
of employes which will be no less than twenty (20) percent of the regular
must-fill positions protected by the extra board and the existing parameters
will be maintained.

5. All Guarantee rates of pay will be subject to negotiated COLA and general
wage adjustments.


ARTICLE IV
RESERVE BOARDS

1. The terms and conditions set forth in the existing Modification Agreements
concerning Reserve Boards shall continue to apply to the Reserve Boards
established by those agreements and to the Reserve Boards established by
this agreement, except as specifically amended by this agreement.

2. Tier 1 Reserve Boards

a. The Carrier shall establish Reserve Boards for eligible employes
working on the territories comprehended by this Agreement to
accommodate all surplus first brakemen resulting from the
implementation of this agreement. These Reserve Boards shall be
known as Tier I Reserve Boards.

b. Employes on Tier I Reserve Boards shall be paid 75% of the earnings
used to establish the employe's Reserve Board test period.

c. Tier I Reserve Boards shall be established at the same locations where
Reserve Boards now exist.

d. The number of positions on each Tier I Reserve Board shall be
established as follows:

i. Initially, eighty percent (80%) of the average number of pool
freight first brakeman positions during the period June 1991 -
November 1991 and sixty (60%) percent of the average number
of brakeman extra board positions during the period June 1991 -
November 1991 will be the established number of Tier I Reserve
Board Positions.

For example, if there are thirty-five (35) first brakemen
positions and twenty (20) brakemen's extra board positions, the
Tier 1 Reserve Board will be established at 40 available slots.

35 x 80% = 28
20 x 60% = 12

28 + 12 = 40 Tier I Positions

ii. The formula described above will permit current working
employes under existing Modified Crew Consist Agreements to
either occupy a regular position, extra board or the Tier I
Reserve Board.

NOTE:
It is recognized by the parties that the above
formula will not necessarily accurately reflect
the number of brakemen needed to meet the
needs of service. This is a temporary effort
to provide that a sufficient number of
brakemen are available in active service .

iii. The number on the Tier I Reserve Boards and the corresponding
Guaranteed Extra Boards will be adjusted to reflect operations
after 120 days from implementation and then after 365 days.
During the first 120 days after the effective date of this
Agreement, the parties will not make any adjustments to the
extra boards. Adjustments may only be made earlier by mutual
agreement. If adjustments during the first 365 days of operation
under this agreement result in a reduction in guaranteed extra
board positions, the corresponding reductions will be added to
the Tier I Reserve Board.

iv. It is understood that the Reserve Board will not operate when all
protected employes on the appropriate seniority roster on the
date of this agreement are placed on either a guaranteed extra
board position or on a regular must-fill assignment; however,
established Reserve Board positions will always be preserved.
No employe may occupy a reserve board position when any
employe hired subsequent to this agreement is working as a
trainman or yardman on the appropriate seniority district. The
Carrier must utilize all protected employes prior to hiring any
additional employes.

3. Tier II Reserve Board

a. The existing Reserve Boards, established by the earlier modification
agreements to accommodate all surplus second brakemen/helpers, shall
continue, as modified by this agreement, at their current locations with
their existing positions. These Reserve Boards shall be known as Tier
II Reserve Boards.

b. Employes on Tier II Reserve Boards shall be paid 50% of the employe's
established Reserve Board test period.

4. Recall from Reserve Boards

a. Employes on Tier I and Tier II Reserve Boards must hold themselves
available for return to service upon fifteen (15) days notice.

i. Tier I and II employes responding to a telephone recall and who
"mark up" immediately thereafter (within twenty-four (24) hours
of telephone recall) will have their Reserve Board pay continued
for up to fourteen (14) days from the date they mark up and will
have the time spent in Reserve status count as work time for
vacation eligibility.

NOTE:
A reasonable telephone recall shall be a
minimum of three (3) telephone attempts each
eight hours for twenty-four (24) hours.

ii. The fourteen (14) days bonus pay will be reduced by one day for
each day the employe waits until "marking up". Employes not
marking up within seven (7) days from any Reserve Board will
not receive any bonus payments beyond the seven (7) day recall
payments as described in the Modified Crew Consist Agreements.

iii. The bonus payment will be in addition to any compensation
earned for service performed during the fourteen (14) day
period.

iv. Failure to mark up within the fifteen (15) day recall period will
result in the forfeiture of all of the employe's seniority rights,
subject to the provisions of Rule 73(j) in the October 1, 1975
Schedule Agreement.

v. Previous agreements providing for Reserve Board employes to
give CMS notice of absences which exceed 72 hours are amended
to require such notice for absences in excess of 48 hours. The
15-day time frame for recalled employes to report, and the recall
bonus provision will begin to toll with telephone confirmation or
personal notification of recall notice having been sent, or 48
hours from the date and time stated on the recall notice,
whichever occurs first.

5. Tier I and Tier II Reserve Boards

a. Employes may exercise seniority to available Tier I or Tier II Reserve
Board slots. Tier I slots will be filled before Tier II slots are filled.

b. Recall from Reserve Board to active service shall be in inverse seniority
order, except employes may make application to be recalled. j:mployej3
on a Reserve Board with application on file with CMS to be recalled will
.be recalled to service in seniority order.

c. Vacation credits for employes on a Reserve Board shall be earned as
follows:

Reserve Board payments will be considered as compensable service in
determining the compensation due for vacation. Vacation pay received
while on a Reserve Board will offset pay received under Section 2 (b) or
Section 3(b) of Article IV. Time spent on a Reserve Board will not
count toward determining eligibility for vacation in succeeding years,
except that employes complying with the requirements of Paragraph
4(a) (i) of this Article IV (Page #9) will have the time spent in reserve
status count for vacation eligibility. All time will count in determining
the length of vacation to which an employe otherwise eligible, is
entitled.

d. The earnings used to establish an employe's Tier I Reserve Board test
period shall be calculated as follows:

i. The base Tier I Reserve Board rate shall be 75% of the basic yard
helper's rate for five (5) days per week. This rate shall be
subject to negotiated COLA adjustments and wage increases.

ii. The test period will be the employe's election of the employe's
earnings during calendar year 1986, 1987, 1988, 1989 or 1990.

Effective March 1, 1992, the employe's election year earnings will
be compared to the employe's 1991 earnings and the higher
earnings will be used as the employe's test period.

iii. The employe's individual test period earnings are not subject to
negotiated COLA adjustments and wage increases.

iv. If through subsequent wage changes, the 75% of the basic yard
helper's rate of pay become greater than the employe's 75%
Reserve Board rate, the employe shall receive the greater
amount.


ARTICLE V
PRODUCTIVITY FUND/SPECIAL ALLOWANCE

1. a. For each trip or tour of duty operated on the territories comprehended
by this agreement with a crew consisting of Conductor-Only, Conductor
/Brakeman or Foreman/ Helper, the Carrier shall continue to pay into
the Employe's Productivity Fund the current sum of $55.00. The preexisting
methodology for calculating reserve board offsets against
productivity fund deposits shall continue to apply for employes on a
Tier II Reserve Board. No productivity fund offsets shall be taken for
employes on a Tier I Reserve Board.

b. The Productivity Fund payments will continue to be made in accordance
with the basic Crew Consist Agreement.

2. a. The special allowance payments paid for operations under Modified Crew
Consist (Conductor/Foreman and Brakeman/Helper) as well as the new
Conductor-Only Operation shall be as set forth below:

CHART NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT
DOWNLOAD 'PDF' FOR FULL CHART

b. These special allowance payments are only applicable to employes
holding seniority on the effective date of this Agreement on the
territories comprehended by this Agreement.


ARTICLE VI
IMPLEMENTATION

1. The following schedule shall be followed in implementing this agreement.

a. Twenty-five (25) days prior to the effective date of this agreement, the
Carrier shall bulletin for ten (10) days to all eligible employes on the
territories covered by this agreement, the opportunity to select one of
the following options: Regular Assignment, Guaranteed Extra Board,
or Reserve Board.

NOTE:
Employes may not exercise seniority to blankable positions.
All brakemen positions in pool freight service and all
second brakeman/second helper positions are blankable
positions.

b. Thirteen (13) days prior to the effective date of this agreement, the
involved local chairmen and CMS personnel shall meet for three (3) days
to review the results of the bulletin process and to make all
assignments.

c. For ten (10) days prior to the effective date of this Agreement,
employes shall take the necessary action to be in place to perform the
required service on the assignment to which assigned on
implementation.

2. Assignments to the options set forth in 1(a), above, shall be made by
seniority preference. It is understood all must-fill assignments (regular or
extra) must be filled initially by eligible employes. After these positions have
been filled, any remaining employe will be assigned to the appropriate reserve
board.

Those failing to bid or those failing to bid sufficient positions in order of
choice to provide for assignment to a position will be force assigned to those
working positions going no bid prior to force assignment to any Reserve
Board.

3. Under this Article VI, an eligible employe must have a seniority date on the
Oregon Division in train/yard service prior to the date of this agreement and
must be working in such service immediately prior to being assigned to a
bulletined position.


ARTICLE VII
LUMP SUM

1. Each employe who qualifies under the terms of Sections 2, 3 or 4 of this Article
VII will receive a one-time lump sum payment in the gross amount of $3,500.00.

2. To be eligible to receive the payment provided under the terms of this Article
VII, the employe must hold seniority on the Oregon Division in train/yard
service on or before the effective date of this agreement, and be in service
(train, yard or reserve board) on the Oregon Division on the effective date
of this agreement. Employes accepting separation allowance are not eligible
for this lump sum payment.

3. Employes who do not qualify under Section 2, above, because they are on
approved leave of absence, furloughed, or out of service for disciplinary
reasons, will upon returning to service as a trainman/yardman or upon being
assigned to a reserve board, be entitled to receive the payment provided
under the terms of this Article upon completion of thirty (30) days of service
on the Oregon Division as a trainman/yardman.

4. Employes who do not qualify under Section 2 of this article because they have
seniority in other crafts on the Carrier and are working in one of those other
crafts, will upon returning to service as a trainman/yardman or upon being
assigned to a reserve board, be entitled to receive the payment provided
under the terms of this Article upon completing sixty (60) days of service as
a trainman/yardman on the Oregon Division.

5. Employes qualifying for the payment provided for in this Article pursuant to
Section 3 or 4, above, must claim the payment on a form provided by the
Carrier.

NOTE:
The thirty (30) or sixty (60) days of service as referenced
in Paragraphs 3 and 4 above means the employe(s) will be
in active service, either working or protecting an
assignment. It is not intended to imply that the employe
must perform work on each of the thirty (30) or sixty (60)
days referenced.

6. Except for employes on medical leave or with active discipline cases pending,
no payments under this Article VII will be made after one year from the
effective date of this agreement.


ARTICLE VIII
GENERAL

1. This agreement shall become effective January 16, 1992, and shall continue in
effect until revised or amended by agreement between the parties or in accordance
with the Railway Labor Act except as provided in Side Letter #3.

Signed at Portland, Oregon, this 19th day of December, 1991.

FOR THE ORGANIZATION:
/s/ L. L. Nelson
General Chairman UTU C&T
/s/ J. J. Stull
Vice General Chairman UTU C&T

FOR THE CARRIER:
/s/ L. A. Lambert
Director Labor Relations
/s/ R. D. Meredith
General Dir. Employe Relations and Planning

 


UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

L. L. NELSON
GENERAL CHAIRMAN UTU C&T
936 SE ANKENY STREET
SUITE F
PORTLAND OR 97214
Dear Mr. Nelson:

During our final discussions concerning the Conductor-Only Crew
Consist negotiations, the following interpretive side letters and question and
answers have been agreed upon and will be attached to the basic Agreement upon
signing and prior to distribution of the signed Agreement to the affected employes.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations
/s/ R. D. Meredith
General Director
Employe Relations and Planning

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #1

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-only Crew
Consist negotiations.

It was agreed an employe's W-2 Form, from the applicable year, would
be used to determine the employe's trainman's earnings for the Separation Allowance.
Only Union Pacific, Oregon Division related earnings will apply (i.e., for actual
service rendered on the Union Pacific , Oregon-Division).

It was further agreed that an employe's time lost for union business
during the applicable year would be included in computing the employe's earnings
for a separation allowance. The Organization will furnish the Carrier the necessary
information to determine an employe's time lost for union business.

Finally, the parties agreed a formula was needed for computing test
period earnings for qualified employes who might be absent for legitimate reasons
during the applicable year. The following formula shall be used for qualified
employes who were absent during the applicable year account union work or
approved medical leave: the average test period earnings of the two employes
immediately senior and the two employes immediately junior to the absent employe on,
the appropriate seniority roster. If the above formula does not equitably represent
an employe's potential, the parties will review the matter. It is understood an
absence due to personal business is not a legitimate reason for purposes of this
paragraph.

If the foregoing adequately sets forth our understanding and
agreement, please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #2

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-only Crew Consist
negotiations.

Each Tier I Reserve Board will be reduced 60% or the number of non-furloughed
employes in the territory of the Reserve Board who accept a separation
allowance.

It was also understood in Article IV that employes on a Reserve Board are "in-service
employes" and hence are subject to the same physical examination and rules
requirements as other in-service employes. The Carrier's requirement that employes
who have been out of service for six (6) months or more must take physical and rules
examinations does not apply to Reserve Board employes. Furthermore, employes 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 employes will be treated the
same as other employes in active service, i. e., Reserve Board employes 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 employes must take and pass all required
examinations. It is intended to ensure that Reserve Board employes will be treated
the same as other active service employes.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #3

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-only Crew
Consist negotiations.

The parties agreed to changes in pre-existing Crew Consist Agreements
covering the Oregon Division to provide for the following moratorium, and it is
agreed this moratorium will not be changed, altered, nor nullified by any National
Agreement, nor by recommendations of any Board designated to review same. It is
further understood that without prejudice to the position of either party, with
respect to the propriety of the Carrier's Notice, this agreement fulfills the
requirements of Presidential Emergency Board #219 with respect to the Crew
Consist issues and mandatory promotion:

"The parties to this Agreement shall not serve, progress,
nor be bound by future National handling, except as
provided for in this Agreement, prior to the attrition of
"all protected employes, any notice or proposal for
changing the specific provisions of this Agreement
governing pure attrition, protected employes, car limits
and train length (which have been eliminated by Crew
Consist Modification Agreements), special allowance
payment to reduced crew members, reserve boards and
reserve board payments, employe productivity payments
and administration thereof.

This section will not bar the parties from making changes
in the above provisions by mutual agreement. "

If the foregoing adequately sets forth our understanding and
agreement, please so indicate by signing in the space provided.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #4

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

This refers to Paragraph 3(b) of Article IV of the Memorandum of
Agreement. That paragraph provides the compensation of an employe on the Tier
II Reserve Board shall be "50% of the employe's established Reserve Board test
period"

During our negotiations the parties recognized there were a set of
peculiar and unique circumstances on the Oregon Division that warranted special
consideration. Those circumstances include the following: there are no employes
occupying a Reserve board position established under a prior Modified Agreement
(all the second brakemen/helpers have been attrited), there has been significant
growth in traffic volume, the Division has supported the use of "borrowed out"
employes to address manpower shortages and application of the Modified Agreements
have not necessitated unnecessary hiring. All of these factors have created a
situation on the Oregon Division where there is no second brakeman surplus.
Therefore, when the conductor-only agreement is implemented, it is unlikely
employes will be assigned to the Tier II Reserve Board.

Since there is a very good possibility that there will be no employes
assigned to Tier II Reserve Boards upon implementation of the conductor-only
agreement, the following special consideration will be given--should an employe be
placed on a Tier II Reserve Board following implementation of this Agreement, the
employe will receive 70% of the employe's earnings used to establish a Reserve Board
test period or the 1991 earnings as described in Part 5(d)(ii) of Article IV of the
agreement.

If the foregoing adequately sets forth our understanding and
agreement, please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #5

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

Operation on the Oregon Division - Northwest District and its
application to the following issues:

1. ARTICLE IV - RESERVE BOARD

Article IV provides for compensation for employes who report early when
recalled to service. In that regard, the following will apply:

If a reserve board employe is notified that he/she is recalled, the
employe will continue to receive reserve board pay for the applicable
number of days. For example, if the employe is under the fourteen (14)
day recall, the employe will continue receiving Reserve Board pay for
each of the next consecutive fourteen (14) days.

2. ARTICLE VI - IMPLEMENTATION

Section l(a) of Article VI provides that prior to implementation of the
agreement all regular assignments, guaranteed extra boards and reserve board
positions will be bulletined. In that regard, and as previously provided in the
agreement of December 6, 1989 (2nd District), the following will again apply:
"Fence" provisions of various agreements restrict movement to or
from the job assignment outside the bulletin period of the assignment.
In order to comply with Article VI Implementation, of the Conductor-Only
Memorandum of Agreement, the parties agree to include the fence
jobs in the re-bulletining of all assignments, this will be made to accord
all employes under the agreement a fair opportunity to exercise their
seniority .

3. ARTICLE VIII - GENERAL

As previously provided in the two (2) Memorandum of Agreements dated
December 6, 1989, which related to the Modified Crew Consist Agreements, the
following will again apply:

(a) Your committee for the Oregon Division, Northwest District, has now
entered into a Conductor-Only Agreement which amends in part the
previous Crew Consist and Modified Crew Consist Agreements.
However, your Oregon Division has expressed concern that should
language from this Conductor-Only Agreement be adopted on other
areas of the U.P., it could be forced to adopt interpretations to which
it was not party, or an arbitrated decision without the opportunity to
participate in the argument. The Carrier recognizes that your
committee negotiated its Conductor-Only Agreement independently of
the other areas on the U . P. and agrees to give third party notice to the
Oregon Division General Chairman of any case that is scheduled for
arbitration with other parties signatory to the same September 15, 1980,
Crew Consist Agreement, applicable provisions of Modified Agreements,
or similar arrangements under Conductor-Only Agreements which seeks
to interpret those agreements or amendments thereto. Decisions
rendered on those other areas without the participation of the Oregon
Division Committee, unless participation is declined, will not be cited
or referenced by the parties in adjudicating a dispute over
interpretation of the Oregon Division Conductor-Only Agreement.

(b) The Carrier recognizes the commitment made to your committee in being
the first complete General Committee to enter into a Conductor-Only
Agreement on the Union Pacific after the Special Board Report. That
commitment being that it is not the intent of the Carrier to put the your
Committee at a disadvantage by being the first to complete negotiations
on this issue.

(c) Accordingly, Carrier agrees that it will enter into any agreement with
your Committee to update the current Conductor-Only Agreement based
on provisions of similar Conductor-Only Agreements that are negotiated
at a later date on Union Pacific. Any update is based on the agreements
being equal in all respects except for benefits allowed. This of course
would not include any agreements or benefits which are established
through an arbitration board.

(d) The parties also agree to review any trade-off of benefits agreements
and agreements which go beyond the current Conductor-Only
Agreements your committee has negotiated and executed. If both
parties are agreeable, negotiations will be entered into to explore
possible changes in work rules. In any case, the Carrier is committed
to give your Oregon Division Committee the opportunity to negotiate
equalization of their Conductor-Only Agreement should future
developments on other Districts of the Union Pacific appear more
desirable, through the voluntary negotiation process.

If the foregoing adequately sets forth our understanding and agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #6

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

It is agreed the following changes shall be applicable with the effective
date of this agreement:

1. The time employes may remain on a "Bump Board" prior to exercising
seniority will be no more than forty-eight (48) hours.

2. When it is necessary to force-fill a vacancy, the Carrier need not make
such forcing action for forty-eight (48) hours.

3. Once an employe is recalled from a Reserve Board, the employe is
considered "in the pipeline" and must complete the cycle even if the
recall is subsequently cancelled and even if the employe has yet to
"mark up". Reserve Board assignments will be made only per
application rules in force.

4. An employe on a "Bump Board" may temporarily exercise seniority to a
vacancy and may remain on the assignment until it is filled in
accordance with existing rules or for 48 hours, whichever is less.
Upon release, the employe will return to the "Bump Board" with any
remaining "Bump Board Time" still intact.

If the foregoing adequately sets forth our understanding and
agreement, please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

October 13, 1992
Agenda Item #14 (Nelson
AGMT #2111019205
360-7

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Mr. Nelson:

In the parties' Agenda Conference of September 16, 1992, the matter of force
assigning trainmen under the following two (2) agreement provisions was discussed:

MA Y 31, 1990 MEMORANDUM OF AGREEMENT (380.10-4)

Section D(I)

"The application process, rather than bulletins, shall be used to fill vacancies.

DECEMBER 19, 1991 "CONDUCTOR-ONLY" MODIFIED CREW
CONSIST AGREEMENT - SIDE LETTER 6

Item 2

'When it is necessary to force-fill a vacancy, the Carrier need not make such
forcing action for forty-eight (48) hours ... "

Having the flexibility of not filling a vacancy under the force assignment rules for a
period of forty-eight (48) hours causes concern with your Organization in that trainmen do
not know when to expect notification of such force assignments. Several options on this
flexibility were discussed with opinions also addressed, one of which was to utilize the
language under the recall notification conditions for the reserve boards. Such provisions are
found in the "note" under Article IV, Section 4(a)(i) of the December 19, 1991 "ConductorOnly"
Modified Crew Consist Agreement which reads:

"A reasonable telephone recall shall be a minimum of three (3)
telephone attempts each eight hours for twenty10ur (24) hours."

Taking this note and modifying it to the assignment conditions, Carrier now proposes
for your Organization's approval the following conditions which would apply for force
assignments:

“A trainman force assigned to a vacancy will be notified no later than sixteen
(16) hours prior to the time that such employe is expected to perform service.
Such notification will be by telephone and when contacting the employe,
reasonable accommodations should be made in that at least three (3) telephone
attempts should be made within each eight (8) hour period. "

If your Organization is agreeable to the changes reflected above, please so indicate
in spaces provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson 1-20-93
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #7

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

During the negotiations, the subject of "borrowed-out" employes was
discussed. It was agreed that these employes were offered special incentives to
voluntarily transfer to Oregon Division Seniority Districts in order to alleviate a
temporary manpower shortage and were not, therefore, properly entitled to the
benefits of the Crew Consist Agreement as amended by the Conductor-Only
Agreement. However, if any of the "borrowed-out" employes should choose to bid
on a job and thereby relinquish their seniority on their home territory, they will at
that time be entitled to the benefits of the agreements in accordance with their
Oregon Division Seniority.

If the above properly sets forth your understanding of our agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #8

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
consist negotiations.

With regard to Article III - Guaranteed Extra Boards, we agreed that
to ensure sufficient manpower to cover Conductor, Brakemen and Yardmen vacancies
at The Dalles, the existing Combination Guaranteed Extra Board will be maintained
with an assignment ratio of employe placements to the Board of 50% Conductors and
50% Brakemen/Yardmen.

As provided in the agreement, "The 20 and 18 basic days' guarantees
will be applied to the existing guaranteed extra boards on implementation of this
agreement at the 1-80 car local basic daily rate of pay for either brakemen or
conductors as appropriate."

As agreed to in Article III, Part 2, two years from the effective date of
the Agreement all employes working off this Board will be required to have a
Conductor's seniority date to be assigned to The Dalles Combination Guaranteed
Extra Board. The 50/50 ratio referenced above will be maintained. When the Board
requires a Conductor date to hold the Board, the rate of pay for all employes
assigned to the Board will convert to the Conductor's local basic rate 1-80 car count,
for all applicable guarantee days.

If the above properly sets forth your understanding of our Agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #9

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

The Carrier and the Organization have agreed to provide brakemen,
whether from the LaGrande Extra Board or from a pool of brakemen established to
meet the requirements of the recently established Oregon Law to place a second
employe in the cab of Helper Engines.

With regard to Part 2(d) of Article IV (Reserve Boards), we agreed that
the number of employe slots available on the Tier I Reserve Board at LaGrande will
be increased by the number of Helper Trainmen positions reduced as a result of
conditions outlined in the "Helper Trainmen" Agreement. Should the Helper
Trainman Pool, Extra Brakemen's Board or Combination Conductor/Brakemen/Yardmen
Extra Board, once established at LaGrande, be reduced as a result of conditions
referenced in the "Helper Trainman" Agreement, an equal number of slots
(positions) will be added to the Tier I Reserve Board in accordance with Article IV,
Part 2(a) to provide for the additional Brakemen positions being credited.

If the above properly sets forth your understanding of our agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #10

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
consist negotiations.

With regard to Article III - Guaranteed Extra Boards, we agreed that
the Second District Guaranteed Board at Portland is the primary source of supply
for vacancies in pool freight service between Portland and Hinkle and that employes
should be called from that board in all cases where they can protect the service
consistent with Hours of Service Act provisions. However, we also agreed that it is
important that vacancies at Hinkle be filled by fully rested employes to ensure the
trains' arrivals at Portland within the Hours of Service. This being the case, we
agreed that if it is not possible under usual and normal circumstances to deadhead
an employe from Portland to Hinkle sufficiently in advance to be fully rested (or with
enough working time to satisfy the train dispatcher), an employe from the Second
District Guaranteed Board at Hinkle may be used to fill the vacancy without penalty.

It was also agreed that an extra employe used from this Hinkle Board to
Portland will be governed by the same conditions as extra employes working from
Portland to Hinkle, except that Hinkle extra employes will not be held in Portland but
will be deadheaded back to Hinkle on the first available transportation unless the
employe chooses to obtain rest prior to deadheading, in which event existing
procedures governing mark-ups in such circumstances will be followed.

If the above properly sets forth your understanding of our agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #10

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
consist negotiations.

With regard to Article III - Guaranteed Extra Boards, we agreed that
the Second District Guaranteed Board at Portland is the primary source of supply
for vacancies in pool freight service between Portland and Hinkle and that employes
should be called from that board in all cases where they can protect the service
consistent with Hours of Service Act provisions. However, we also agreed that it is
important that vacancies at Hinkle be filled by fully rested employes to ensure the
trains' arrivals at Portland within the Hours of Service. This being the case, we
agreed that if it is not possible under usual and normal circumstances to deadhead
an employe from Portland to Hinkle sufficiently in advance to be fully rested (or with
enough working time to satisfy the train dispatcher), an employe from the Second
District Guaranteed Board at Hinkle may be used to fill the vacancy without penalty.

It was also agreed that an extra employe used from this Hinkle Board to
Portland will be governed by the same conditions as extra employes working from
Portland to Hinkle, except that Hinkle extra employes will not be held in Portland but
will be deadheaded back to Hinkle on the first available transportation unless the
employe chooses to obtain rest prior to deadheading, in which event existing
procedures governing mark-ups in such circumstances will be followed.

If the above properly sets forth your understanding of our agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #11

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

This will confirm our commitment to you and the Oregon Division that
two (2) years from the effective date of this Agreement, when the Boards are
combined as provided under Part l(a) of Article III, the twenty (20) and eighteen
(18) basic day guarantee provided for will be increased to twenty one (21) and
nineteen (19) basic days for the four (4) boards listed in Part l(a) of Article III.

If the above properly sets forth your understanding of our Agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #12

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

The minimum, permanent number of Tier I Reserve Board positions
available or accessible on implementation of this Agreement on each
Seniority District are indicated as shown hereinbelow:

First Seniority District 32
Second Seniority District 55
Third Seniority District 62
Fourth Seniority District 3
Fifth! S . 1. Seniority District 5

If the above properly sets forth your understanding of our Agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #13

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

Even though it is recognized by the parties that it is unlikely there will
ever again be trainmen/yardmen on the Tier II Reserve Boards previously
established under "Modified Crew Consist" Agreements, it is recognized that since
they have been retained by this Crew Consist Agreement, we must address how
employes will flow from Tier I Reserve Boards to and from Tier II Reserve Boards
should it occur.

There have been some additions to seniority rosters on the various
Districts of the Oregon Division since implementation of the various Modified Crew
Consist Agreement, which would indicate that some employes under the present
Agreement are entitled to Tier I only without any rights to the Tier II Reserve Board
should it be re-established.

Due to the difference in pay rates between the Boards (75% of the
established Reserve Board test period earnings for Tier I and 70% of the established
Reserve Board test period earnings for Tier II), senior employes would most likely
insist on their right to remain of Tier I and not flow into the Tier II Board,
resulting in a reduction of pay. This could, under extreme circumstances, cause
employes with rights under this present Agreement to go furlough when they could
otherwise hold Reserve Board positions.

In an effort to resolve the issue, the Carrier is willing to treat all protected
employes under the Conductor-Only Agreement as having rights to both
Tier I and Tier II Reserve Boards. Should the Tier II Reserve Boards ever be
utilized, junior employes being shoved through Tier I onto Tier II, will not receive
the 75% rate provided by Tier I, but will receive the 70% rate provided for Tier II
Reserve Boards.

If the above properly sets forth your understanding of our agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #4

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

In order to compose several questions with regard to yard transfer
assignments, the following is agreed:

1. Upon re-bulletining of assignments pursuant to Article VI, each yard transfer
assignment will generate one Tier I Reserve Board position in the same manner
as re-bulletined Conductor-Only pool turns. In addition, should additional
yard transfer assignments be bulletined, the Tier I Board will be increased
proportionately; that is, one additional yard transfer assignment will generate
one additional position on the Tier I Board. If the number of yard transfer
assignments is decreased, the number of Tier I positions will likewise decrease
but will not drop below the level established at the time of implementation of
the Agreement.

2. Except as set forth in Article I - Part 3(ii), "Foreman-Only" yard transfer
assignments will not be required to perform "work events" as contemplated in
"Conductor-Only" operations.

3. "Foreman-Only" yard transfer assignments may be required to setout bad
order car(s), not to exceed one straight set out of said cars(s). If additional
movements are required to remove a bad order car(s), a switch crew must be
utilized.

If the above properly sets forth you understanding of our Agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #15

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

With regard to Article I - Part 5, it is agreed that the Carrier will
cooperate in providing information with regard to assignments' work load (history
of work performed) in order to enable informed decisions to be made with regard to
the feasibility of operating Conductor/Foreman-only.

It is further agreed that Article I - Part 5 was not intended to permit
an open-ended time for modification of crew sizes. After the expiration of the 12
month period provided for, any additional changes in crew sizes may be made only
by mutual agreement.

If the above properly sets forth your understanding of our Agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #16

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
consist negotiations.

In the territory between Spokane and Eastport, it is agreed the present pool
freight assignments are not susceptible to Conductor-Only operations due to the
amount of terminal switching at Eastport and switching enroute. Therefore, there
is no need to rebulletin the present assignments under Article VI on the territory
between Spokane and Eastport. Should this operation change in the future, the
Tier I Reserve Board will be credited in accordance with the provisions of Part 2 of
this Article IV.

Notwithstanding the above, it is agreed that unit-type trains operating
between Spokane and Eastport which are protected by the Extra Board, may be
operated Conductor-Only.

If the above properly sets forth your understanding of our agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

Side Letter #17

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This will confirm our discussions concerning the Conductor-Only Crew
Consist negotiations.

It is agreed that nothing in this Agreement is to be construed or interpreted
so as to change or modify the following Crew Consist Agreements, as
those agreements relate to the protection of employes, reduction and
restoration of positions:

August 25, 1964 Northwest District
March 1, 1968 Northwest District (Oregon Division)
September 15, 1980 Northwest District (Oregon Division)

If the above properly sets forth your understanding of our agreement,
please so indicate by signing in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

"CONDUCTOR-ONLY" CREW CONSIST AGREEMENT
INTERPRETIVE QUESTIONS AND ANSWERS

ARTICLE I - CREW CONSIST - PART 2b:

Q-l: If a crew is required to "reblock" the train's consist of cars at an
intermediate point, will such move(s) be considered as individual work
events?

A-I: Yes, setting out a block of cars from the employe's own train and then
picking up those cars for repositioning will be considered as two (2)
work events.

Q-2: Once an assignment has initiated service in "Conductor-only" or
"Foreman-only" operations, can additional employes be called to assist
the assignment (Utility Brakemen, herders, Switchtenders, Extra
Brakemen/helper, etc.)?

A-2: Yes, however all "work event" and other service restrictions applicable
to Conductor/Foreman-only operations will continue to apply, i.e.,
Conductor/Foreman-only assignments cannot be turned into "reduced·
crew" assignments with the addition of more employes.

ARTICLE I - CREW CONSIST - PART 3(ii) / PART 3 (iii) :

Q-3: Will employes working assignments in "Foreman-only" service be
required to perform service beyond that specified in the basic
"Conductor-only /Foreman-only" agreement effective January 16, 1992?

A-3: No. Employes operating in "Foreman-only" service will not be required
to perform service beyond what is provided for in Parts 3(ii) and 3 (iii)
of Article I.

Q-4: Will employes working assignments in "Foreman-only" service be
afforded the same protections against censure, discipline and
harassment as "Conductor-only" crew members receive per Part 2 (e) of
Article I?

A-4: Yes. No employe in road or yard service will be subjected to any form
of intimidation as referenced in the basic agreement due to the work
taking longer (reduced efficiency) as a result of Carrier's
implementation of the Conductor/Foreman-Only provisions of the
agreement.

ARTICLE II - SEPARATION ALLOWANCE:

This Article provides for use of employes' highest earnings during the years
1986, 1987, 1988, 1989, or 1990 with a minimum of $60,000.00 as a separation
allowance. This is further clarified by Side Letter #1 attached to the Agreement.
A number of Oregon Division Trainmen while on Oregon Division Reserve Boards
(Tier II) performed service as "borrow-outs" on other Districts.

Q-5: Are all "W-2" earnings as referenced in the Agreement to be treated as
"Oregon Division Related earnings"?

A-5: Yes. Even though Oregon Division trainmen may have worked in
borrow-out status on other Districts, their earnings were directly
related to their seniority position on the Oregon Division.

Q-6: Will "W-2" earnings include pre-tax amounts for employes participating
in 401(k), Productivity Fund payments, Lump Sum payments, penalty
claims, etc., for the period covered.

A -6: Yes, however in accordance with provision of Article VII - Part 2, lump
sum payments of $3,500.00 provided by this Agreement will not be
included in separation pay computations. Employes taking separation
allowances will have the $3,500.00 lump sum advanced in 1991 deducted
from their final separation allowance.

ARTICLE III - GUARANTEED EXTRA BOARDS - PART 2:

Q-7: Does Part 2 of Article III ("Guaranteed Extra Boards") apply to the
LaGrande, Oregon Extra Board where the Extra Board principally
protects Brakemen vacancies yet also protects the yard vacancies at
LaGrande?

A-7: No. The LaGrande Brakemen/Yardmen Board for the purposes of this
Crew Consist Agreement is to be included under Part 1(a) of Article
III, and will receive the Guarantee provided therein recognizing that
when combined with the LaGrande Conductor Extra Board, it will
protect all Conductor/Brakeman/yardmen assignments at LaGrande,
Oregon.

ARTICLE IV - RESERVE BOARDS - 2 (d)(iii) :

Q-8: Will all employes hired prior to the date of this Agreement be entitled
to Reserve Board positions (seniority permitting) prior to being forced to
furlough status?

A-8: Yes.

Q-9: Is it intended by provisions of Section (d)(iii) of Article IV, that the
120 day and 365 adjustments (reductions) in Guaranteed Extra Board
positions will provide additional positions to the Tier I Reserve Boards
and that increases to the Guaranteed Extra Boards will not in anyway
affect the Reserve Board numbers?

A-9: Yes. Any increase of an Extra Board at either the 120 or 365 day
adjustment period will not affect Reserve Board numbers. The Reserve
Boards, once established, can only be added to, not subtracted from.

Q-lO: On what basis will the 120 and 365 day adjustments be made?

A-lO: The parties will make every effort to not only determine the number of
employes needed on the Extra Boards immediately prior to the
adjustment dates, but to determine through an average during the 120
day period and the eight (S) months which will follow the 120 day
adjustment (to conclude the 365 days of operation) so that both parties
can be fairly represented for the adjustment period.

Q-ll: Will sufficient trainmen be hired to ensure adequate protection of
service prior to the Reserve Boards becoming exhausted?

A-ll: Yes. At the 120-day meeting referred to above, the parties will agree
upon a set level of Reserve Board assignments, which, if reached, will
require the Carrier to begin the process of hiring in order to have
sufficient employes hired in advance of the Reserve Boards becoming
exhausted.

ARTICLE IV - PART 4 - RECALL FROM RESERVE BOARD:

Q-12: Was it intended that the 14 days continued pay provided in Part 4(a) (i)
of Article IV would be paid consecutively, day for day, and not on the
five (5) day rate basis (out of seven (7) days), as previously
established and utilized for regular pay period compensation?

A-12: Yes. It was intended that this would be fourteen (14) consecutive days
pay at the Reserve Board rate, not ten (10) days which would otherwise
be provided on the five (5) out of seven (7) days pay basis as provided
in former agreements
.

Q-13: Does the 5/7 day pay provision for normal Reserve Board service remain
in effect?

A-13: Yes.

Q-14: Is it intended that the term "for each day the employe waits until
'marking up'" as used in Part 4(a)(ii) of Article IV is contemplated as
meaning after the employe is notified and not the number of days from
the time the Carrier first started the recall process?

A-14: Yes. The time will only begin to toll after the employe has been notified
in person or by telephone or 48 hours after the time stated on the recall
notice, which ever occurs first, in accordance with the provisions of
this Agreement for recall. (See Article IV - Part 4(a)(v))

ARTICLE IV - PART 5(d)(ii):

Q-15: Will Reserve Board test period earnings (Article IV Part 5(d) (ii), be
based on all "W-2" Oregon Division earnings including pre-tax 401 (k)
earnings, Productivity Fund payments, Lump Sum Payments, penalty
claims, etc.?

A-15: Yes.

ARTICLE IV - PART 5 (d)(iii) :

Q-16: Does the provision of Article IV - Part 5 (d) (iii) contemplate that" COLA
adjustments and wage increases" already included in salaries will not be
counted?

A-16: No. This contemplates that future COLA and wage adjustments
. occurring after the test period earnings are established will not be
included nor give cause to readjust the test period earnings once
established. It is understood that "W-2" earnings as defined herein will
be used to established the Reserve Board rate.

Q-17: Once an employe "converts" to the higher Reserve Board rate as
provided in Article IV - Part 5(d)(iv) will all future wage/COLA
increases continue to be applied to such Reserve Board pay basis?

A-17: Yes.

Q-18: Is it intended that employe wages which have been earned and placed
into a 401 (k) plan under the previous Modified Crew Consist
Agreements will be excluded from consideration in establishing test
period earnings?

A-18: No. Earnings placed into one of the 401(k) plans will be included as
test period earnings as shown on "W-2"

ARTICLE V - PART l(a) PRODUCTIVITY FUND/SPECIAL ALLOWANCE:

Q-19: Side Letter #7 (a) of the Coordination Agreement effective May 31, 1990,
provided that the Productivity Fund would be credited and Special
Allowances 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 trainman, herder, etc.,)
or from the extra board. Will this apply in the same manner to
Conductor-Only or Foreman-Only operations?

A-19: Yes, but only to service which may be bulletined and is assigned as
Conductor-Only or Foreman-Only pursuant to this Agreement. It does
not apply to pool or extra service. Whether it will apply to
assignments created pursuant to Part 5 of Article I, will be determined
at that time.

Q-20: Will "Foreman-Only" operations in Yard service be treated the same as
"Conductor-Only" operations under provisions of Parts l(a) and 2(a)
of Article V?

A-20: Yes. It is intended that references to "Conductor-Only" will include
"Foreman-Only" operations for the purpose of payments into the
employe's Productivity Fund by the Carrier under Part 1 (a) of
Article V; it is also intended that the Yard "Conductor-Only"
(Foreman-Only) operations be treated in the same manner as Road
"Conductor-Only" operations for the purpose of employes receiving the
Special Allowance payments under Part 2(a) of Article V.

ARTICLE VI - IMPLEMENTATION:

Q-21: Was it intended by the parties that the "Note" under Part 1 (a) of Article
VI of the Conductor-Only Crew Consist Agreement would eliminate Side
Letter #18 of the Crew Consist Modification Agreement dated at
Portland, Oregon the 21st day of December 1989, which in part
provided for a full crew on Hinkle trim jobs?

A-21: No, this was not intended, as obviously the operation at Hinkle, Oregon
has not been changed as contemplated by Side Letter #18. Side Letter
#18 remains in full force and effect under the terms for reconsideration
as provided in that document. Side Letter #18 provides that "if the
operation is changed so that the Foreman can work 'on the ground' with
the crew during trimming operations, the Carrier may reduce these
crews to a Foreman and one (1) Yard Helper." In addition, this
assignment may be considered after two (2) years in accordance with
Part 5 of Article I.

Q-22: Upon rebulletining of all yard assignments, can the Carrier rebulletin
previously existing "reduced crew" assignments for. "Foreman-Only"
(transfer runs)?

A-22: Yes, however any reduction in the total number of yard helper (SW1)
positions available to employes will add to the number of Tier I Reserve
Board positions available on each respective territory. (See Side Letter
#14)

Q-23: Is it the intent of the parties that this Crew Consist Agreement fulfills
the recommendations of Presidential Emergency Board #219 in Part VI
"Findings and Recommendations" under Section F thereof, "specific
UTU issues" relating to recommendations for "1. Crew Consist" and "2.
Mandatory Promotion", i.e. "that all brakemen who were offered
promotion to Conductor should be required to accept such promotion. "?

A-23: Yes. This Agreement fulfills the Crew Consist issues to the satisfaction
of both parties and does not provide for mandatory promotion of pre -
1985 non-promoted Brakemen to Conductor under PEB #219. The
parties clearly recognized that the current Agreement (Rule 71 -
Promotion to Conductor) provides sufficient protection to the Carrier
should additional Conductors be needed from the ranks of pre-November
1, 1985 non-promoted Brakemen.

Q-24: When will Conductors (regular and extra) be informed of the type of
crew they will be operating (i.e. "Reduced" vs " Conductor-Only")?

A-24: Based on the latest information available to CMS, conductors will be
advised at the time of call as to whether or not their crew will be
"Conductor-Only" or "reduced".

Yours truly,
/s/ L. A. Lambert
Director Labor Relations
/s/R. D. Meredith
General Director
Employe Relations and Planning
AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

 

 

ATTACHMENT "I"

1. OPTIONS AVAILABLE TO EMPLOYES DESIRING SEPARATION

Successful applicants for separation pay under Article II of the
Agreement effective January 16, 1992, shall be offered the following three (3)
options:

1. Payment of a lump sum separation allowance equal to the employe's highest
yearly earnings in 1986, 1987, 1988, 1989 or 1990, with a minimum of sixty
thousand dollars ($60,000). That amount will be reduced by the applicable
payroll deductions, including Federal and State taxes. The applicable
provisions of Sections V and VI of this Attachment not in conflict with this
sub-section, shall apply in situations where employes have elected
Option No. 1.

2. Payment of a separation allowance equal to the employe's highest yearly
earnings in 1986, 1987, 1988, 1989 or 1990, with a minimum of sixty thousand
dollars ($60,000) payable in equal monthly payments for up to twelve (12)
months, including a Career Assessment/ Outplacement package as follows:

a. Career Assessment/Aptitude Testing

b. Education/Tuition Aid

c. The use of an Employment Agency

The applicable provisions of Sections V and VI of this Attachment not
in conflict with this sub-section, shall apply in situations where employes have
elected Option No.2.

This option is subject to the provisions contained in Section III of this
Attachment.

3. Payment of a separation allowance equal to the employe's highest yearly
earnings in 1986, 1987, 1988, 1989 or 1990, with a minimum of sixty thousand
dollars ($60,000) payable in equal monthly payments for up to twenty-four
(24) months for employes eligible to retire within two years under the
provisions of the Railroad Retirement Act.

The applicable provisions of Sections V and VI of this Attachment not in
conflict with this sub-section, shall apply in situations where employes have elected
Option No.3. This option is subject to the provisions contained in Section IV of this
Attachment.

II. ELIGIBILITY REQUIREMENTS

Employes submitting applications for separation must, on the effective
date of the Agreement signed December 19, 1991, hold seniority as a trainman on the
Union Pacific Railroad (Oregon Division) and be actively employed and receiving
compensation from the Carrier either as a regularly assigned, extra board or reserve
board trainman/yardman. A furloughed employe shall also be considered eligible
under this Section.

III. SEPARATION ALLOWANCE UNDER OPTION NO.2

If requested, the separation amount will be paid in equal monthly
installments not to exceed twelve (12) months. Employes electing this option shall
be relieved from duty, but considered in active service until the expiration of the
last monthly installment at which time their service and seniority shall be terminated.
Separation compensation paid in these monthly installments will be considered the
same as regular compensation insofar as taxation, union dues and hospital dues
deductions are concerned. However, this separation compensation will not be
considered as qualifying payments for the purpose of applying the National Vacation
Agreement nor will this extended time entitle such employes to any other
compensation benefits under the Basic or National Agreements which may apply as
a result of being considered as a furloughed active employe of the Company. It is
understood that all health and welfare benefits, as well as all contributions toward
Railroad Retirement Tax, shall be continued during the period that the monthly
installments are in effect.

For those employes choosing Option 2, the Carrier will also make the Career
Assessment/Outplacement Package available. The employes may choose any
or all of the following, but must indicate their desire at the time the separation
request form is presented to the Carrier. The Career Assessment/Outplacement
Package contains:

A. Career Assessment Counseling. - The Carrier will provide career
evaluation services and counseling from a Carrier approved provider
of such services for employes contemplating career changes. This
service will be available for a period of up to one (1) year from date
Option No.2 was chosen.

B. Tuition Aid. - The Carrier will provide up to a total of three thousand
dollars ($3,000) for a period not to exceed five (5) years from date of
termination for tuition, books and fees at an accredited school for those
employes seeking education and training associated with their career
choice.

c. Employment Agency. - The Carrier will provide for placement service
and for the direct payment of all fees, if any, not to exceed a total of
two thousand dollars ($2,000) associated with the use of a Carrier
approved employment agency within two (2) years from date employe
terminated their service with Carrier.

D. An employe may elect that the two thousand dollars ($2,000) specified
in Option C be applied toward the tuition aid specified in Option B
rather than being utilized for placement service.

IV. SEPARATION ALLOWANCE UNDER OPTION NO.3

Employes afforded separation under Option No.3 of this Agreement who
are or will become eligible for retirement under the Railroad Retirement Act within
a period of twenty-four (24) months, may elect to have their separation allowance
paid in equal monthly installments not to exceed twenty-four (24) months or upon
attaining age 62, whichever first occurs.

Employes electing this option shall be relieved from duty, but considered
in active service until attaining retirement eligibility at which time their
service and seniority shall be terminated. Separation compensation paid in these
monthly installments will be considered the same as regular compensation insofar as
taxation, union dues and hospital dues deductions are concerned. However, this
separation compensation will not be considered as qualifying payments for the
purpose of applying the National Vacation Agreement, nor will this extended time
entitle such employes to any other compensation benefits under the Basic or National
Agreements which may apply as a result of being considered as a furloughed active
employe of the Company. It is understood that all health and welfare benefits as well
as all contributions to Railroad Retirement Tax shall be continued during the period
that the monthly installments are in effect.

V. APPLICATION PROCESS
Notices of this separation offer will be posted at affected Carrier
locations. Additionally, all furloughed protected employes at the affected Carrier
locations will receive notices at their home address. The Notices will advise the
employes of this Agreement, separation amounts, eligibility requirements and the
notification that the Request Form (Attachment "I-A") must be received by the
Carrier no later than thirty (30) days after the posting date of the Notice. All
completed Forms are to be mailed within the time limit prescribed above.

Only the prescribed Request Form may be used. Any other methods of
requesting options received from employes other than this prescribed form will not
be considered as a valid separation request. In addition to forwarding the Request
Form to the designated Carrier official, interested applicants must also submit
complete copies to the individuals listed on the form. In the case of a dispute as to
whether the form was submitted in time, etc., the deciding factor will be receipt of
the Request Forms to all concerned and absent such receipt may result in having the
Request Form considered as invalid.

Each applicant applying for options provided in this Agreement will be
notified in writing of their acceptance or rejection no later than twenty (20) days
after closing the notice period set forth above. A copy of the results will be
forwarded to the General Chairman.

VI. GENERAL UNDERSTANDINGS

It is understood that an employe who accepts the separation amounts set
forth in this Attachment, will also be compensated at the time of separation (lump
sum or first monthly installment), any unused vacation remaining in the calendar
year, as well as any earned vacation for the following year.

Employes awarded lump sum separations under Options No.1 and No.
2 of this Attachment will be considered to have resigned from service, terminating
all seniority rights and all withdrawing pending claims with the Carrier except where
the separation date is extended due to operational requirements, which will not
exceed sixty (60) days except by mutual agreement between the parties.

In the event of the death of an employe receiving monthly payments
under Option Nos. 2 or 3 of this Agreement, the employe's estate shall be promptly
paid all remaining amounts.

This Attachment has been designed solely to address a unique situation
and is made with the understanding that it is to be without prejudice to either
party's position and will not be cited as a precedent in the future.

ATTACHMENT "I-A"
(Oregon Division)
REQUESTS FOR EMPLOYMENT ALTERNATIVES PROGRAM

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UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179-0323

October 13, 1992
360-7
X/R 380.25-5
AGMT #2111019217

L. L. NELSON
GENERAL CHAIRMAN UTU C&T
936 SE ANKENY STREET
SUITE F
PORTLAND OR 97214
Dear Mr. Nelson:

In the Agenda Conference of September 16, 1992, the parties discussed the following
specific language used in Article I, Section 3(iii) of the January 16, 1992, "Conductor-Only"
Modified Crew Consist Agreement:

"When one member of a Conductor/Brakeman or Foreman/-
He/per assignment leaves the assignment after going on duty, the
remaining member of the crew may complete the assignment, but
only to the extent that the work left to be performed will not
in valve or require switching, when the remaining work only requires
delivery (replacing balance of cut of cars to a track or yarding a
transfer movement into a track}."

This language in the parties' view may be confusing inasmuch as the parties have
recognized that it has caused various misinterpretations, Accordingly, the parties in
conference have agreed to amend this Section 3(iii) to now read as follows:

''When one member of a Conductor! Brakeman or Foreman/-
He/per assignment leaves the assignment after going on duty, the
remaining member of the crew may complete the assignment, but
only to the extent that the work left to be performed will not
involve or require switching. Rather, the only work that can be
performed will be replacing the balance of the cut of cars to a
track or yarding a transfer movement into a track."

If this letter properly confirms our understandings on this matter, please execute in
the space provided below returning one original to this office.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson 1-20-93
General Chairman UTU C&T

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

June 22, 1993
#2106229330

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Mr. Nelson:

This letter confirms the parties' past discussions
concerning Section 4 of Article III in the December 19, 1991
"Conductor-Only" Modified Crew Consist Agreement.

The provisions set forth in Section 4 stipulate that
the Carrier will maintain a minimum number of employes on the
extra board; that minimum to be not less than twenty percent
(20%) of the regular must fill positions protected by the extra
board. This provision was a result of situations experienced in
the past when large numbers of employes were on "bump boards"
(no job status) and obviously unavailable to protect vacancies. At
this same time that the Carrier had large numbers of employes on
bump boards, other employes 'were moving from extra boards to
regular assignments or reserve board positions and, although the
extra board regulating factors generally provided for sufficient
number of employes to protect the service, in reality, this was
only a number rather than actual employes. The obvious result
was an insufficient number of available employes to meet the
needs of service and fill vacancies from the extra boards
.
While this twenty percent (20%) number should provide
short-term solutions to some of the problems of employe
shortages, it is not intended to be used to supersede established
regulating factors for extra boards in that if the regulating
factors provided for by agreement call for a number of employes
in excess of the twenty percent (20%) figure, such twenty percent
(20%) figure may not be used solely to keep the extra boards
artificially low.

If the above properly addresses the discussions on this
matter, please so indicate in the space provided below.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T
June 22, 1993

 

 

UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OMAHA, NEBRASKA 68179

May 14, 1992

Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street Suite F
Portland, OR 97214
Dear Sir:

This refers to our meeting of this date which complied with
provisions of the Oregon Division Crew Consist Agreement
effective January 16 , 1992, (Article IV, Section 2 (d) (iii),
requiring a l20-day meeting to adjust numbers on Tier I Reserve
Boards and the corresponding Guaranteed Extra Boards to reflect
operations, as warranted.

In the meeting, held this date in your offices, the
following was agreed to:

Extra Boards on the Oregon Division were adjusted to
provide for the needs of service with the understanding that the
Extra Boards will hereafter be adjusted in accordance with
existing rules and understandings. Based on agreed upon "call
for" figures applicable to individual Extra Boards on each
respective Seniority District, permanent Tier I Reserve Board
positions are adjusted as follows.

l. The First Seniority District Tier I Reserve Board is
adjusted to 37 positions .

2. The Second Seniority District Tier I Reserve Board
is adjusted to 69 positions . .

3. The Third Seniority District Tier I Reserve Board is
adjusted t o 94 positions.

4. The Fourth Seniority District Tier I Reserve Board
is adjusted to 5 positions.

5. The Fifth Seniority District Tier I Reserve Board is
adjusted to 11 positions .

Note: No adjustments are to be made to the established
Tier II Reserve Board numbers.

Requirements of Question and Answer No. 11 of the so-called
Conductor Only Agreement provides that the parties will
reach an understanding to begin the process of hiring before the
Reserve Boards become exhausted. The parties intend to provide
-·relief from strict requirements of the various Crew Consist
Agreements which severely limit any employment or retention of
employees hired after the effective date of the agreement while
protected employees are on the Reserve Boards. While time did
not permit finalization of an agreement during our meeting today,
it was understood the parties will through negotiation finalize
an Agreement on this issue as soon as possible.

Should the foregoing be in accordance with your records
of the meeting, please sign all four copies of this letter and
return two to this office.

Yours truly,
/s/ L. A. Lambert
Director Labor Relations

AGREED:
/s/ L. L. Nelson
General Chairman UTU C&T

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