Description:
MEMORANDUM OF AGREEMENT
BETWEEN
UNION PACIFIC RAILROAD
And
SMART/TD
Flagmen Assignments
Between
Control Points CY (MP 2.7) and RP (MP 10.5) on the Kenosha Subdivision
This is in reference to the parties’ discussions concerning the establishment of
Flagmen positions on the Kenosha Subdivision between MP 2.7 and MP 10.6 to
ensure the safety of both train crews and passengers, maintenance forces, and
outside contractors. The carrier will establish these Flagman positions on an as
needed basis without prejudice to its position consistent with the terms set forth
herein.
IT IS AGREED:
1. When Flagman positions are established in this territory, they will
be assigned to Chicago Freight Terminal (CFT) train service
employees under the terms of this agreement. Each position will be
established with two consecutive assigned days off per week.
2. The North Avenue Freight Yard will be the assigned on and off duty
point from which these Flagman positions will originate and
terminate each day. Flagman may be required to report and work at
any location between MP 2.7 and MP 10.6 during their tour of duty,
as specified by instruction from employee in charge of project.
3. Flagman in this service will be expected to report to the work site at
the designated start up time (between 6am and 9am), which may
vary from day to day to coincide with production start-up. The
employee in charge of the project will be responsible for advising
the Flagman and crew dispatcher of any changes in the initial
reporting time and location.
4. Flagman positions will be re-assigned if starting times are needed
outside of the 6am and 9am window, the assigned days off are
changed, or the work location/territory is changed or extended
beyond the points set forth in Item 2 above.
5. If Flagman assigned to these positions provide their own
transportation to the various work sites, then mileage will be
reimbursed at the standard mileage allowance for auto miles from
North Avenue Freight Yard to and from the work site, if Flagman do
not have their own transportation available on any day, they will
report to, and be governed by instructions from a manager
immediately upon starting their tour of duty.
6. Flagmen positions will be compensated at the yard transfer service
rate of pay that was established in the January 25, 2001,
Memorandum of Agreement between the parties.
7. Flagmen covered under this Agreement will not leave track and
structure unprotected to eat meals during their tour of duty. The
rules and conditions regarding meals and meal periods for transfer
service conductors will apply to these assignments.
All parties recognize this Agreement will not cover all contingencies that will be
encountered, and will attempt to settle any disputes as a result thereof through
prompt and good-faith negotiations between the General Chairman’s Office and
Labor Relations. Moreover, the parties acknowledge this Agreement will not
prejudice the position of either party in any respect and will not be cited as a
precedent by either party in any future circumstance, case, agreement
negotiation, and/or arbitration.
This Agreement may be cancelled by either party by serving a ten (10) day
written notice.
FOR SMART/TD;
Jerry Kalbfell
General Chairman - SMART/TD
FOR UPRR Beth Wilderman Director - Labor Relations
Date: /X/// //r
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