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Familiarization Trips for Cutbacks

Year: 2013
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Union Pacific Center
1400 Douglas Street STOP 0710
Omaha, NE 68179-0710

Beth Wilderman
Director, labor Relations
(402) 544-7161

May 2, 2013

Dear Mr. Leonard:

This letter will confirm our recent discussions regarding the familiarization and
recertification of train service employees who are licensed/qualified locomotive engineers
currently "cutback" and assigned in train service on the UTU Eastern District and Northwestern
District- Oregon Division territories.

In accordance with Article XIII [Firemen] of the 1985 UTU National Agreement, these
"cutback engineers" are scheduled for proficiency training and familiarization as deemed
necessary while assigned in train service. For example, the Carrier may schedule training for
cutback engineers that are not the senior employees subject to recall in engine service because
those senior employees have either (a) already been recertified/trained, or (b) are not in need of
recertification/training until a later date.

This letter will serve to clarify the Carrier's current practice under the provisions of the
1985 UTU National Agreement, Article XIII [Firemen], Section 1.5:

Article XIII [Firemen]:

"The craft or class of firemen (helpers) shall be eliminated through attrition except to the
extent necessary to proVide the source of supply for engineers and for designated passenger,
firemen, hostler, and hostler helper positions. Trainmen shall be the source of supply for these
positions as herein after provided.

"Section 1.5 - "Firemen (helpers) whose seniority is established on or after November 1,
1985 will have the right to exercise seniority limited to designated positions of passenger
fireman, hostler, or hostler helper. The seniority rights of such firemen are subject to the
follOWing exceptions:

a) When required to fulfill experience requirements for promotion, or engaged in a
scheduled training program.

b) When required to fulfill engineer vacancies or assignments.

This will not preclude the Carrier from requiring firemen to maintain proficiency as engineer
and familiarity with operations and territories by working specified assignments."

In line with the foregoing provisions of Article XIII of the 1985 UTU National Agreement,
the Carrier may continue to schedule training as deemed necessary for the purpose of
retaining/maintaining current proficiencies, FRA licenses, operational familiarization, and other
relevant or appropriate training for qualified/certified engineers {{cutback" and assigned in train

It is further understood that when assigned to specified positions for the purpose of
training, familiarization and/or recertification, these cutback engineers will continue to be treated
as trainmen working under the terms and conditions of the governing UTU Agreements (ie. they
will not be considered assigned to working engineer positions).

If you concur with this clarification, please sign and date in the space provided.

Beth Wilderman

United Transportation Union
5990 SW 28th St, #F
Topeka, KS 66614
Phone (785) 273-7737
Fax (785) 273-9380

May 8, 2013

Local Chairpersons
Union Pacific Railroad

Dear Sister and Brothers:

At many different locations, the Carrier has routinely used set-back engineers
(working as trainmen) in training to maintain their locomotive operating proficiency.

This practice recently became a contentious issue between this office and the
Carrier. Additionally, the organization representing engineers was seeking an
agreement allowing trainmen, outside of seniority order, to return to the engineer craft
for training purposes.

Attached is a copy of a recent Letter of Understanding between this office and the
Carrier which recognizes that under the terms of the 1985 UTU National Agreement,
set-back engineers working as trainmen may be used outside of seniority order for
training in order to maintain locomotive operating proficiency.

In addition, this LOU requires that engineer proficiency training be scheduled and
assigned. Carrier cannot use a working (on-duty) conductor as an engineer to recertify
him/her nor can Carrier use a conductor from a trainman's extra board without
scheduling and then assigning the employee to a training board. Most importantly,
these trainmen, while in engineer proficiency training, are not assigned as working
engineers, and thus remain under terms and conditions of the governing UTU

On properties where a conflicting practice, understanding or agreement exists, the
attached LOU governs.


B Leonard
General Chairman