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 FORM NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT DOWNLOAD 'PDF' FOR FULL FORM 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 SIGNATURES NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT |