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PORTLAND HUB AGREEMENT: ZONE 2 & 3 BLE

Year: 2001
Download: Download PDF File
Type:
  • Agreement
  • Agreement / Hub Agreements
Carrier:
  • UP
Craft:
  • Engineer
District:
  • Eastern
  • Eastern / Portland Hub Zone 3
  • Northwest (Portland Hub Zone 1 & 2)
  • Engineer
  • Engineer / Northwest
Geography:
  • Idaho
  • Oregon
  • Washington
Union:
  • BLE
Class of Service:
  • Road
  • Yard
Description:

MERGER IMPLEMENTING AGREEMENT

(Portland Hub)

Zones 2 and 3

between

UNION PACIFIC RAILROAD COMPANY

SOUTHERN PACIFIC TRANSPORTATION COMPANY

and

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

In Finance Docket No. 32760, the Surface Transportation Board approved the merger of the Union Pacific Corporation, Union Pacific Railroad Company/Missouri Pacific Railroad Company (hereinafter, collectively referred to as "Carrier" or "UP") and Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL  Corp., and the Denver & Rio Grande Western Railroad Company (Hereinafter, collectively referred to as "SP"). In approving this transaction, the STB imposed New York Dock labor protective conditions.

 Pursuant to New York Dock, and to achieve the public transportation benefits and operational changes made possible by this transaction, IT IS AGREED:

 New seniority districts shall be created that encompasses the following area: UP territory including milepost 182.79 west of Seattle, Washington, to Eastport, Idaho, on the Spokane  International to milepost 390.0 at Silver Bow, Montana, to milepost (Pocatello sub) 191.80 at McCammon, Idaho, and to milepost (Pocatello sub) 0.64 at Granger, Wyoming; SP territory from (including) Chemult, Oregon to the Portland Terminal. The Hub shall be divided into three (3) zones as follows:

 NOTE: This Zone was covered by the Merger Implementing Agreement (Portland Hub) Zone I between the Union Pacific Railroad Company and the Brotherhood of Locomotive Engineers dated August 13, 1998.

 NOTE: It is the parties' intent herein to include those regular and extra board positions governed by the provisions of Article II, Section B, Paragraphs 5.a. and 5.b. of the August 13, 1998 Merger implementing Agreement for Portland Hub Zone I into this new Zone 2.

 NOTE: Zones 2 and 3 shall include all main, branch and/or secondary lines, yard trackage, industrial leads and all other trackage, leads and stations between the points identified.

 The following seniority consolidations for Zones 2 and 3 will be made:

 International Railroad);

 

(a). Pre-November 1, 1985 engineers

[1]. Engineer's date and ranking as an engineer,

[2]. Fireman's date and ranking as a fireman,

[3]. Hire date and ranking as an employee.

 (b). Post-October 31,1985 engineers

[1]. Engineer's date and ranking as an engineer,

[2]. Switchman's/trainman's date and ranking as a switchman/trainman,

[3]. Hire date and ranking as an employee.

 Eastport, Idaho to, but, not including, Ayer, Washington, and all track, lines, yards and facilities between these locations.

 Hinkle to, and including, Huntington, Oregon, and, including, Ayer, Washington, and all track, lines, yards and facilities between these locations.

 NOTE 1: The "Hinkle-LaGrande" sub-zone will also include service to the utility plant near Boardman, service to Castle and other points west of Hinkle and dogcatching west of Hinkle, as well as those assignments with on-duty points at Hinkle.

 NOTE 2: In connection with the performance of work by Oregon Fourth or Fifth Seniority District engineers at, or in the vicinity of Ayer, it is not the parties' intent to alter existing arrangements. Accordingly, the provisions of Sections 1, 2, 5(a), 5(b) and 6 of the Agreement between the Union Pacific Railroad Company (Northwestern District - Oregon Division) and the Brotherhood of Locomotive Engineers, dated May 22, 1967 ("Supplement No. 13 (O.D.E.-65) Ayer - Chew Line Relocation:") are retained and made a part of this Agreement, except that all references therein to "Fourth Seniority District" or "Fourth Seniority District engineers" shall now refer to the Hinkle-LaGrande sub-zone and/or to engineers either possessing prior rights, or working, in the Hinkle-LaGrande sub-zone, and all references therein to "Fifth Seniority District" or "Fifth Seniority District engineers" shall now refer to the Spokane sub-zone and/or to engineers either possessing prior rights, or working, in the Spokane sub-zone.

 NOTE: If in the process of ranking employees on the sub-zone prior rights roster, several employees have identical seniority dates, the roster order for such employees will be determined in accordance with Paragraph 3.b of this Article II, Section A.

  1. bidders/applicants will, subject to Paragraph 7, above, be assigned or filled as follows:

NOTE: Existing Idaho Agreement provisions governing the filling of new positions or permanent vacancies will continue to apply for filling new positions and permanent vacancies in Zone 3.

NOTE: A vacancy resulting on a "Nampa" position in the LaGrande - Nampa pool from assignment of an engineer listed on Attachment "A" to another vacancy at Nampa will be filled on a temporary basis by a Zone 2 engineer. It is not intended that in these circumstances the involved position will be permanently transferred to Zone 2. The engineer assigned to the other Nampa vacancy may "reclaim," seniority permitting, the "Nampa" pool position once he or she is displaced from that other position (and is not needed/used on another Nampa vacancy) or the position is abolished.

NOTE: This Paragraph D shall not serve to eliminate or restrict the seniority rights or obligations, as established by this Agreement, of engineers identified on Attachment "A." Likewise, this Paragraph D is not intended to limit or restrict such engineers' right(s) to exercise their seniority to Zone 3 positions.

Unassigned through freight (pool) service may be established between Spokane and Eastport. Spokane will be the home terminal.

(i) Hinkle will cease to be a home terminal and all applicable Agreement provisions and practices governing former UP 4th Seniority District engineers rights or participation in this pool, including provisions governing allocation of work or assignments between the UP 4th and 5th Seniority Districts, will automatically terminate and be of no future force or effect when one of the following occurs:

(a) The employees identified on Attachment "B" have attrited or severed their employment relationship with Carrier; or,

(b) All positions in the Spokane-Hinkle through freight pool are permanently assigned at Spokane.

(ii) Only engineers identified on Attachment "B" may exercise their seniority to, and will be obligated to protect, "Hinkle" positions in this pool. Employees holding seniority on the Zone 2 master roster or the Hinkle-LaGrande sub-zone roster not listed on Attachment "B" are not eligible to exercise their seniority to "Hinkle" positions in this pool.

(iii) The home terminal for employees working in this pool and assigned to the "Hinkle" positions will be at Hinkle.

(iv) A "Hinkle" position not filled by an employee listed on Attachment "B" will be filled by application at Spokane and filled in accordance with applicable Agreement provisions. A permanent vacancy on a "Hinkle" position not filled or protected by an employee identified on Attachment "B" will be filled by application at Spokane and filled in accordance with applicable Agreement provisions.

(v) Temporary vacancies on "Hinkle" positions in the Spokane - Hinkle through freight pool will be protected by the Hinkle road extra board or, if the Hinkle extra boards are consolidated, the Hinkle consolidated road/yard extra board.

 (vi) For each UP 4th Seniority District engineer identified on Attachment "B" who elects, pursuant to this Agreement, to permanently relocate to Spokane, one (1) "Hinkle" position in the Hinkle - Spokane pool will be permanently transferred to Spokane. Accordingly, the number of positions in this pool designated as "Hinkle" positions in this pool will be correspondingly reduced and the applicable pool pro ration percentages will also be proportionately reduced.

 NOTE: UP 4th Seniority District engineers relocating to Spokane will, as set forth in Article II, be given Spokane sub-zone prior rights. Said engineer will not, however, be granted prior rights

to the "Hinkle" pool position transferred to Spokane in accordance with this Paragraph (vi).

(vii) Regulation of this pool will, except as set forth herein, be conducted in accordance with applicable Agreement rules. BLE will designate one (1) employee member or representative who will be responsible for monitoring mileage, determining necessary pool adjustments and coordinating such adjustments with appropriate Carrier officials. BLE's representative will perform such duties for both home terminals in this pool until the Hinkle home terminal ceases to exist.

LaGrande will be the home terminal.

(i) Nampa will permanently cease to be a home terminal and all applicable Agreement provisions, practices and/or arrangements governing Idaho Seniority District engineers' rights to and participation in this pool will automatically terminate when one of the following occurs:

(a) The engineers identified on Attachment "A" have either (1) attrited, (2) are no longer in active service as an engineer with Carrier or (3) their names have been removed from Attachment "A" in accordance with Article III, Section A, Paragraphs 4.b.(vii) and (viii).

 (b) All "Nampa" positions in the LaGrande - Nampa through freight pool are permanently held by Zone 2 engineers.

 NOTE: Application of this Paragraph (b) is not intended to supersede or nullify the provisions set forth in the Note contained in Article II, Section B, Paragraph 5. Accordingly, through freight positions at Nampa will be deemed as permanently held by a Zone 2 engineer when there are no engineers on Attachment "A" who can "reclaim" a Nampa pool position.

(c) If twenty (20) Idaho Seniority District engineers permanently relocate to Zone 2 in conjunction with implementation of this Agreement.

Once Nampa has ceased being a home terminal for this pool, LaGrande will be the only home terminal. Once Nampa ceases to be a home terminal, all rights and obligations of former Idaho Seniority District engineers to hold, protect or participate in the work performed in the LaGrande - Nampa through freight pool shall, except for performing hours-of-service relief out of Nampa, automatically terminate.

(ii) Except as modified by this Agreement, this pool shall continue to operate as it presently operates pending an agreement on necessary final provisions pertaining to the eventual elimination (attrition) of Nampa as a home terminal. Within the next one hundred twenty (120) days, the parties will meet and agree regarding the operation of this pool and the attrition of the rights, obligations and participation in this pool of Zone 3 Attachment "A" engineers. This transition and attrition shall be governed, in addition to that set forth elsewhere in this Agreement, by the following:

(a) The engineers identified on Attachment "A" will be required to protect all other assignments whose source of supply is Nampa (including the extra board at Nampa) prior to protecting "Nampa" turns in the LaGrande - Nampa pool. Absent bids or requests from Zone 3 engineers, junior engineers in the Nampa - LaGrande pool may be removed from this pool and placed on such other assignments. Pool turns vacated by engineers on Attachment "A" to fill such other assignments will be temporarily filled/protected by Zone 2 engineers at LaGrande. When removed from their pool turns to protect these other vacancies/positions, the involved engineer(s) will, for purposes of applying New York Dock, be considered as having occupied the highest paying assignment.

NOTE: Application of this Paragraph (a) is not intended to supersede or nullify the provisions set forth in the Note contained in Article II, Section B, Paragraph 3. Accordingly, through freight positions at Nampa will be deemed as permanently held by a Zone 2 engineer when there are no engineers on Attachment "A" who can "reclaim" a Nampa pool position.

(iii) Regardless of the number of positions assigned in the LaGrande - Nampa pool, application of Agreement provisions governing apportionment of work between former 3rd Seniority District and Idaho Seniority District engineers eligible for assignment in this pool -- i.e., engineers on Attachment "A" --shall not result in more than twenty (20) positions at Nampa being allocated in this pool for Zone 3 engineers identified on Attachment "A."

(iv) Only those engineers identified on Attachment "A" may exercise their seniority to new or vacant positions in this pool. Engineers holding seniority on the Zone 2 master seniority roster or on the Zone 3 master roster but not listed on Attachment "A" are not eligible to exercise their seniority to "Nampa" positions in the pool.

(v) Any new position or permanent vacancy at Nampa in this pool that is not filled by engineers identified on Attachment "A" will be filled as a new position or permanent vacancy at LaGrande by engineers holding seniority on the Zone 2 master seniority roster.

NOTE: It is the parties' intent that engineers identified on Attachment "A" shall retain the right to the "Nampa" positions in this pool until such time as the last engineer's name is attrited or removed there from. 

(vi) Vacancies in this pool at Nampa will be protected by the Nampa extra board until such time as Nampa ceases to be a home terminal. Thereafter, such vacancies will be protected by the extra board at LaGrande.

(vii) Engineers identified on Attachment "A" of this Agreement who voluntarily exercise their seniority to a position for which Nampa is not the source of supply - i.e., to a position east of Glenns Ferry - shall have their names removed from Attachment "A" and automatically and permanently forfeit all seniority rights attendant thereto.

(viii) An engineer identified on Attachment "A" who is force assigned to an engineer job for which Nampa is not the source of supply must submit a written application, with copy to the Local Chainnan, for a position or permanent vacancy in the pool at Nampa upon his/her assignment to that position. If such application is not submitted, or the employee does not accept the assignment to the position in the Nampa pool, the employee will have his/her name removed from Attachment "A" and automatically and permanently forfeit all seniority rights attendant thereto.

NOTE: This Paragraph (viii) shall apply only to the engineer on Attachment "A" who would have been the successful bidder/applicant had he or she submitted such bid or application and not to other junior engineers on Attachment "A."

NOTE: Idaho Seniority District engineers relocating to Zone 2 will, as set forth in Article II, be given Hinkle-LaGrande sub-zone prior rights. Said engineer will not, however, be granted prior rights to the "Nampa" pool position transferred to Zone 2 in accordance with this Paragraph c.

NOTE 1: Carrier may consolidate the extra board at Spokane by the serving of a sixty (60)-day advanced written notice.

NOTE 2: If implementation of a consolidated extra board at Spokane is postponed, two extra boards at Spokane will be established - (1) a "north" extra board to protect vacancies, service and Hours-of-Service relief on the territory between, and including, Spokane and Eastport, including Trentwood; and, (2) a "south" extra board to protect vacancies, service and Hours-of-Service relief between (excluding) Spokane and (excluding) Ayer.

This extra board shall protect service and vacancies, including Hours-of-Service relief, in the territory presently protected by the two existing extra boards at Spokane, including those protected by the Spokane International Railroad extra board.

NOTE 1:  It is not intended this extra board be used to protect service at The Dalles or to supplant service performed by Zone 1 engineers at The Dalles. Accordingly, an extra engineer assigned to this extra board will not be used west of the east switch at The Dalles.

NOTE 2: The Hinkle extra board protects regular and extra assignments at Pendleton, Oregon by Agreement dated July 26, 2007.

pool, this extra board will protect pool freight vacancies at Nampa. Once Nampa ceases to be a

home terminal, all vacancies in this pool will be protected by the LaGrande extra board.

provisions that govern filling of positions and protecting vacancies in the LaGrande - Nampa pool, to permit Carrier to use extra Zone 2 engineers to protect Zone 3 or Zone 1 vacancies, extra Zone 3 engineers to protect Zone 2 or Zone 1 vacancies, or extra Zone 1 engineers to protect Zone 2 or Zone 3 vacancies.

consolidations contemplated for yards in Zones 2 and 3.

bargaining agreement or the Spokane International Railroad collective bargaining agreement, governing the pro ration of work between the UP 5th Seniority District and the UP 9th Seniority District (former Spokane International Railroad) for extra boards at Spokane shall be eliminated and of no force or effect.

duty point in accordance with Article VIII, Section I of the May 1986 National Agreement.

Carrier shall designate the on/off duty points for engineers.

hours-of-service relief under the combined road/yard service zone shall continue to apply.

Yard crews at any location within Zones 2 and 3, may perform such service in all directions

out of their terminal.

The terms and conditions for pool operations in the territories comprising Zones 2 and 3 shall be those of the surviving collective bargaining agreement, as modified by applicable National Agreements, awards and implementing documents, and those set forth elsewhere in this Agreement, including Attachment "C," and below.

Short turnaround service and Hours of Service relief at both home and away-from-home terminals

(a) may be handled by extra boards at the away-from-home terminal, and,

(b) shall be handled by extra boards at the home terminals, if extra crews are available, prior to using pool crews. Engineers used for this service may be used for multiple trips in one tour of duty in accordance with the designated collective bargaining agreement rules.

(c) extra boards may handle this service in all directions out of a terminal.

  1. E. J. Johnson
  2. R. M. McElroy
  3. T. J. Osburn
  4. M. O. Wood
  5. L. M. Bickford
  6. A. L. Dauenhauer
  7. L. W. Dorsey
  8. N. L. Knapp
  9. R. M. Chambers (Replaces T. H. Baker by agreement dated July 17, 2007.)
  10. J. L. Thome
  11. J. L. Sheridan
  12. D. D. Davis

 

Item Nos. 2, 3 and 4 of Appendix "D" of the Yahk, B.C. Agreement, effective September 26, 1955, reads as follows:

 

"2. Crews operating through Eastport on turnaround run from Bonners Ferry, Idaho, to Eastport to Bonners Ferry shall be given an arbitrary allowance of one (1) hour in addition to all other compensation.

 

"3. Crews operating to Eastport as a terminal will be given an arbitrary allowance of one-half (1/2) hour for operating into Eastport and one-half (112) hour for operating out of Eastport in addition to all of their compensation.

 

"4 The arbitrary allowance shall apply to freight trains and not to snow plows or work-trains."

CHART NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT

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their working trip.

Hinkle, be paid 198 miles for their working trip.

CHART NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT

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Nampa, be paid 188 miles for their working trip (run):

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Twenty-Five Mile Zone -

At all home and away-from-home terminals, both inside and outside the Hub, pool crews may receive their train up to twenty-five miles on the far side of the terminal and run on through to the scheduled terminal. Crews shall be paid an additional one-half (1/2) basic day for this service in addition to the miles run between the two terminals. If the time spent in this zone is greater than four (4) hours, then they shall be paid on a minute basis. 

NOTE: The "Twenty-Five Mile Zone" provision shall be applicable only at those locations where there is a reciprocal or similar arrangement in the adjoining hub or location. For example, a Pocatello - Green River through freight crew may not be used in a twenty-five mile- zone east of Green River because there is not a similar or reciprocal "Twenty-Five Mile Zone" agreement/ arrangement at Green River. 

providing proof of actual relocation.

(a) This option shall expire five (5) years from date of application for the allowance under Item 2 above.

(b) Proof of sale must be in the form of sale documents, deeds, and filings of these documents with the appropriate agency.

accepted after two (2) years from date of implementation of this agreement.

NOTE: Engineers covered by Article II, Section B, Paragraphs 5.a. and 5.b. of the August 13, 1998 Merger Implementing Agreement for Portland Hub Zone 1 who elect to return to Portland Hub Zone will be afforded the relocation benefits of this Section C.

hired prior to the effective date of this agreement.

familiar with the new territory. Issues concerning individual qualification shall be handled with local operating officers. The parties recognize that different terrain and train tonnage will impact the number of familiarization trips necessary. If disputes occur under this Article, they will be expeditiously addressed by the Director - Labor Relations and General Chairman.

NOTE 1:  The $28.00 payment set forth in Paragraph C, above, made to engineers working their assignment accompanied by an engineer taking a familiarization trip shall apply for a period of one (1) year, commencing with the implementation of this Agreement. Upon expiration of this one-year period, existing agreement rules and/or practices shall govern for payments, if any, to engineers accompanied by an engineer taking a familiarization trip.

NOTE 2:  Prior to implementation, Carrier may begin familiarization trips, where necessary, to "pre-qualify" engineers. Likewise, Carrier may bulletin and assign (to be effective on implementation day) employees prior to implementation so employees will be in place on implementation day. If Carrier initiates such an effort to "pre-qualify" engineers, the $28.00 payment set forth in Paragraph C, above, will be paid to eligible engineers who are accompanied by an engineer taking a familiarization trip.

sufficiently bid on, or obtain, a position may be assigned by Carrier to an unfilled position.

the implementation of this Agreement will be given a one-time opportunity to make such election. Engineers at locations or on rosters required to make a relocation decision will be contacted by the Local Chairmen. The engineers to be contacted and offered the opportunity to relocate will include:

District and identified on Attachment "A," or in Portland Hub Zone 1 and assigned to positions

at Hinkle will be canvassed.

identified on Attachment "A" will be canvassed. Canvassing will cease once either twenty (20)

engineers have elected to relocate to Zone 2 or the senior twenty-six (26) engineers have been

contacted, whichever occurs first.

NOTE: Subsequent to implementation of this Agreement, the provisions of Article II, Section B, Paragraph 5 will automatically terminate and will be of no force or effect. Employees electing to remain in Portland Hub Zone 1 must accordingly exercise their seniority in Zone 1.

identified on Attachment "B" will be canvassed.

  1. and the parties agree not to cite this agreement in other negotiations or arbitration proceeding(s).

 

SIGNED THIS 28TH DAY OF FEBRUARY, 2001, IN POCATELLO, IDAHO

 

FOR THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS:

s/ T. J. Donnigan

General Chairman

s/ D. M. Hahs

International Vice President

 

FOR UNION PACIFIC RAILROAD COMPANY:

s/ T. G. Taggart

Director - Labor Relations

s/ W. E. Loomis

General Director Labor Relations

s/ A. Terry Olin

General Director - Employee Relations Planning

 

SIGNATURES NOT REPRODUCED FOR THIS ELECTRONIC DOCUMENT

 

UP/BLE MERGER IMPLEMENTING AGREEMENT

PORTLAND HUB -- ZONES 2 & 3

QUESTIONS AND ANSWERS

ARTICLE I - PORTLAND HUB ZONES 2 AND 3

 

Q 1.  Article I identifies the three zones for this Agreement. Do all the provisions of this Agreement apply to all three zones?

 

A 1.  No, while all three zones are mentioned in Article I, this Agreement covers Zones 2 and 3.

 

ARTICLE II - SENIORITY INTEGRATION AND CONSOLIDATION

 

 ARTICLE III - THROUGH FREIGHT POOL OPERATIONS

 

Article III?

A 7. Board standing for engineers on Zone 2 through freight pools will be governed by existing Idaho Agreement rules.

 Q8. Employee A is listed on Attachment "A." Employee A is force assigned to a position as an

engineer in Zone 3 east of Glenns Ferry, but does not submit an application for the pool at

have his/her name removed from Attachment "A?"

A8: Yes. In accordance with Article II, Section B, Paragraph 4, Employee A would have his or her

name removed from Attachment A because he or she did not submit an application upon his/her assignment to the position outside the area for which Nampa is the source of supply.

ARTICLE IV - EXTRA BOARDS

Q 12. If, for example, a work train goes on duty at Arlington, dumps ballast to Boardman and ties-up at Hinkle. Will a Zone 1 or a Zone 2 engineer be used on this job?

Act east of The Dalles. Who should be used to provide the hours-of-service relief for this crew?

interdivisional service through freight engineer at his or her away-from-home terminal, or a pool crew deadheaded in combination with service from Portland may be used with preference given to extra board engineers when they are available. Carrier will make a good faith call when

determining the location where the crew tying up under the Hours-of-Service Act will be located. 

Q 14. How many extra boards will be combined at implementation?

ARTICLE VI - AGREEMENT COVERAGE

  1. When the Idaho collective bargaining agreement becomes effective what happens to existing claims filed under the other collective bargaining agreements that formerly existed in Zones 2 of the Portland Hub?
  1. The existing claims shall continue to be handled in accordance with those agreements and the Railway Labor Act. No new claims shall be filed under those agreements once the time limit for filing claims has expired for events that took place prior to the implementation date of this

 

  1. Article VI (B) (1) refers to short turnaround service and Hours-of-Service relief being performed at home terminals by pool crews. Does this rule require that they be called before or after extra board crews are called?

 

  1. No. At the home terminal of the assignment, if the extra board is exhausted regular vacancy procedures apply.

 

  1. Is Article VI (D) (1) a short turnaround rule?

 

  1. No, it is a through freight provision which enables an engineer to get his/her own train outside the terminal and run it through the terminal.

 

  1. Do the references to Local Chairman refer only to BLE Local Chairmen?

 

  1. Yes.

 

  1. Will Carrier provide copies of the Idaho Agreement as currently printed?

 

  1. Yes. In addition, the parties will meet and review the current printing and prepare a list of

amendments to that CBA and reprint a new CBA and Carrier shall distribute the new reprinting.

The parties recognize this review may not be completed prior to implementation of this

Agreement, but will endeavor to provide such copies as expeditiously as possible.

 

  1. Where does the 25-mile zone in Article VI (D) (1) start?

 

  1. From the applicable switching limits at the involved location.

 

  1. If a crew in the 25 mile zone is delayed in bringing the train into the original terminal so that it does not have time to go on to the objective (destination) terminal, what will happen to the crew?

 

  1. Except in cases of emergency, the crew will be deadheaded (in combination with service) to the objective (destination) terminal.

 

  1. Is it the intent of this agreement to use crews beyond the 25-mile zone?

 

  1. No. The engineer would be operating off his or her assignment.

 

  1. In Article VI (D) (1), is the 1/2 basic day for operating in the 25-mile zone frozen and/or is it a duplicate payment/special allowance?

 

  1. No, it is subject to future wage adjustments and is not a duplicate payment/special allowance.

 

  1. How is a crew paid if they operate in the 25-mile zone?

 

  1. If a pre-October 31, 19S5 train/engine service seniority date employee is transported to its train 10 miles east of Nampa and he/she takes the train to LaGrande and the time spent is one hour east of Nampa and 10 hours 30 minutes between Nampa and LaGrande with no initial or final delay earned, the employee shall be paid as follows:

 in that service.

time up to the 10 hours and 30 minutes worked between those two points.

applicable collective bargaining agreement and will not conunence when the crew operates back through the on duty point. Operation back through the on duty point shall be considered as operating through an intermediate point.

ARTICLE VII - PROTECTION

provisions resulting from another transaction?

process, the parties have agreed to handle reductions from New York Dock protection as

follows:

each voluntary absence of up to 48 hours or part thereof. Absences beyond 48 hours will result in another 1/15 reduction for each additional 48 hour period or part thereof.

voluntary absence of up to 24 hours or part thereof. Absences beyond 24 hours will result in

another 1/22 reduction for each additional 24-hour period or part thereof.

each voluntary absence of up to 24 hours or part thereof. Absences beyond 24 hours will result in another 1/30 reduction for each additional 24-hour period or part thereof. 

  1. Why are there different dollar amounts for non-home owners and homeowners?
  1. New York Dock has two provisions covering relocating. One is Article I, Section 9, Moving

Expenses and the other is Section 12, Losses from Home Removal. The $10,000 is in lieu of New

York Dock moving expenses and the remaining $20,000 is in lieu of loss on sale of home.

  1. Why is there one price on loss on sale of home?
  1. It is an in lieu of amount. Engineers have an option of electing the in lieu of amount or claiming New York Dock benefits. Some people may not experience a loss on sale of home or want to go through the procedures to claim the loss under New York Dock.
  1. What is loss on sale of home for less than fair value?
  1. This refers to the loss on the value of the home that results from the Carrier implementing this merger transaction. In many locations the impact of the merger may not affect the value of a home and in some locations the merger may affect the value of a home.
  1. If the parties cannot agree on the loss of fair value what happens?
  1. New York Dock Article I, Section 12(d) provides for a panel of real estate appraisers to

determine the value before the merger announcement and the value after the merger transaction.

  1. What happens if an engineer sells the home for $20,000 to a family member?
  1. That is not a bona fide sale and the engineer would not be entitled to either an in lieu of payment or a New York Dock payment for the difference below the fair value.
  1. What is the most difficult part of New York Dock in the sale transaction?
  1. Determine the value of the home before the merger transaction. While this can be done through the use of professional appraisers, many people think their home is valued at a different amount.
  1. Who is required to relocate and thus eligible for the allowance?
  1. A prior rights engineer who can no longer hold a position at his or her location and must relocate to hold a position as a result of the merger. This excludes engineers who are borrow outs or forced inside the Hub and released, common engineers and engineers who have to exercise seniority in their prior rights area due to a non-merger event.
  1. At what point are engineers no longer entitled to relocation allowances?
  1. The Agreement provides for a two-year window for applying for relocation allowances.
  1. When did the person need to be a homeowner to qualify as one for relocation purposes?
  1. New York Dock protects homeowners due to loss on sale of home that are caused by the merger. If a non-homeowner purchases a home subsequent to Carrier's service of notice on June 15, 2000, the employee would not be considered as a homeowner because and would not be affected by the merger because they were not a homeowner at that time.

consecutive days as long as they are marked up.

displacement, will their New York Dock protection be reduced?

Implementing Agreement elects, when canvassed, to go back to Portland Hub Zone and not

remain in Zone 2. Will he or she be entitled to the relocation benefits set forth in New York Dock and/or this Agreement?

Side Letter No.1

 

General Chairman, BLE

44 North Main

Layton, UT 84041

Dear Mr. Donnigan:

 

During our discussions on New York Dock protection we discussed the issue of a pool engineer

taking a single day paid absence, such as a personal leave day or a single day vacation, and the impact it will have on his or her protection, In an effort to simplify the process and to provide the pool engineer with an alternative, the parties agree that a pool engineer shall have one of the following options:

 

(1) Elect a single paid personal leave or vacation day and hold their turn so that if it obtains a

first out status they will be first out when they are marked up no less than 24 hours later, with no deduction from their protection; or

 

(2) Elect a minimum of two consecutive days paid personal leave or vacation days on pools

whose round trip district miles are 400 or less or a minimum of three consecutive days on pools

whose round trip district miles are more than 400 miles and not hold their turns. If the minimum number of consecutive days are met for each round trip then no deduction will be made in their protection.

 

Question #1: If the round trip district miles of a run are 390 miles and initial and or final terminal delay make a payment over 400 miles, how many personal leave days must be used?

 

Answer #1: Only the district miles are used for determining the number of personal leave days to be used. In this case two personal leave days would qualify for no deduction.

 

Question #2: If the round trip district miles are over 400 miles, how is a deadhead counted?

 

Answer #2: Deadheads are already taken into account by using a 1/15th offset for pools. Since most pools do not average 15 round trips per month a 1/15th offset is less than using the average for each pool. As a result the round trip district miles are used for determining the number of personal leave days that would substitute for no offset and in this case three personal leave days would qualify.

 

Question #3: If an employee requests the minimum of 2 days for a 380-mile round trip, can the Carrier approve only 1 day?

 

Answer #3: No. Depending on the needs of service, either both days will be granted or both days declined.

 

(3) Elect a single paid personal leave or vacation day and not hold their tum resulting in payment of a single day with a corresponding 1/15th deduction from protection.

 

The option must be selected by the engineer at the time the personal leave or vacation day is

 

Yours truly,

s/ A. Terry Olin

 

AGREED:

s/ T. J. Donnigan

General Chairman BLE

 

 

 

 

 

 

 

 

Side Letter No. 2

 

General Chainnan, BLE

44 North Main

Layton, UT 84041

Dear Mr. Donnigan:

 

The parties recognize there are certain "Oregon" Agreement provisions that are local in nature and need to be retained. These agreements or rules are specific to a unique operation or location that would not be covered under an Idaho Agreement rule. The parties agree to meet at our first opportunity and review what former "Oregon" Agreement rules should be retained and incorporated into the collective bargaining agreement for Zones 2 and 3. Failure to agree on all rules shall not interfere with or delay implementation of this Agreement for Zones 2 and 3.

 

Yours truly,

s/ A. Terry Olin

 

AGREED:

s/ T. J. Donnigan

General Chairman BLE

 

Side Letter No. 3

 

General Chairman, BLE

44 North Main

Layton, UT 84041

Dear Mr. Donnigan:

In conjunction with the parties' negotiations on the Merger Implementing Agreement for Zones 2 and 3 of the Portland Hub, we discussed expansion of seniority rights, obligations and opportunities for engineers assigned in the three zones comprising the Portland Hub.

 

This letter will confirm our agreement to meet following implementation of this Agreement to

explore development of an agreement providing expanded seniority opportunities for engineers in the Portland Hub. Accordingly, the parties commit to pursue in good faith an arrangement that will simultaneously enhance engineer work opportunities and ensure Carrier's service needs are effectively and efficiently satisfied.

 

Yours truly,

s/ A. Terry Olin

 

AGREED:

s/ T. J. Donnigan

General Chairman BLE

 

Side Letter No. 4

 

General Chairman, BLE

44 North Main

Layton, UT 84041

Dear Mr. Donnigan:

 

This refers to the parties' discussions in connection with the Merger Implementing Agreement for that portion of the Portland Hub not covered by the September 16, 1998 Merger Implementing Agreement for Portland Hub Zone 1.

 

During our negotiations, your organization raised a concern regarding the manner in which extra board vacancies and vacancies on other outlying positions are filled. In connection therewith, your organization pressed for modifications to existing rules governing the filling of such vacancies. The parties agree to seriously explore other avenues or alternatives for filling outlying extra board vacancies or vacancies on other outlying positions and to seek rule modifications that will benefit all involved. The parties also agree to commence these negotiations as soon as practicably possible following implementation of this Agreement.

 

If the foregoing properly and accurately reflects our understandings, please so indicate by

affixing your signature in the space provided below.

 

Yours truly,

s/ A. Terry Olin

 

AGREED:

s/ T. J. Donnigan

General Chairman BLE

 

Side Letter No. 5

 

General Chairman, BLE

44 North Main

Layton, OT 84041

Dear Mr. Donnigan:

 

This refers to the parties' discussions in connection with the Merger Implementing Agreement for that portion of the Portland Hub not covered by the September 16, 1998 Merger Implementing Agreement for Portland Hub Zone 1.

 

Article IV, Section A, Paragraph 2.a. provides that a consolidated road/yard extra board may be

established at Hinkle following the serving of a sixty (60)-day advanced written notice. Your

organization voiced concerns in connection with the establishment of this consolidated extra board and its possible impact on yard engineers at Hinkle. To address these concerns, the parties agreed that in the event Carrier serves notice to establish the consolidated extra board, Carrier will meet with your organization to review and, if possible, address the impact establishing this extra board will have on Hinkle yard engineers. Failure to reach agreement on those issues or concerns will not preclude establishment of this consolidated road/yard extra board.

 

If the foregoing properly and accurately reflects our understandings, please so indicate by

affixing your signature in the space provided below.

 

Yours truly,

s/ A. Terry Olin

 

AGREED:

s/ T. J. Donnigan

General Chairman BLE

 

ATTACHMENT "A"

MERGER IMPLEMENTING AGREEMENT

PORTLAND HUB -- ZONES 2 & 3

IDAHO SENIORITY DISTRICT ENGINEERS ASSIGNED RIGHTS TO

"NAMPA" POSITIONS IN THE LaGrande - NAMPA THROUGH FREIGHT POOL

 

NAME

 J. E. Moore

CHART NOT FORMATTED FOR THIS ELECTRONIC DOCUMENT

DOWNLOAD 'PDF' FOR FULLY FORMATTED CHART

 

 ATTACHMENT "B"

MERGER IMPLEMENTING AGREEMENT

PORTLAND HUB -- ZONES 2 & 3

FORMER 4th SENIORITY DISTRICT ENGINEERS ASSIGNED

LIMITED PRIOR RIGHTS IN THE HINKLE-LAGRANDE SUB-ZONE

 

NAME

 

RJ CANTRELL

JT CARLYLE

DV BAKER

B RMCKILLIP

R J KENNEDY, JR

DE EISENBARTH

DW THOMPSON

D MILLER

RD SOWARDS

B K BALLER

D BALLER

C H SPRINGER

J T ETCHAMENDY

 

ATTACHMENT "C"

 

THE FOLLOWING IDENTIFIES TERMS AND CONDITIONS REFERRED TO IN ARTICLE VI,

SECTION B, PARAGRAPH 7 (BUT NOT LIMITED TO) OF THE PORTLAND HUB (ZONES 2

AND 3) MERGER AGREEMENT THAT WILL BE APPLICABLE TO ZONES 2 AND 3 POOL

FREIGHT OPERATIONS IN THOSE ZONES (INCLUDING HELPERS),

 

1  Initial Terminal Delay - Engineers eligible for Initial Terminal Delay shall be paid on a minute

basis after thirty (30) minutes unpaid terminal time has elapsed from the time of reporting for duty up to the time the train leaves the terminal. Existing definitions and interpretations of this rule will continue to apply even though not fully set forth in this document.