The following agreement
is applicable to all territories represented by GCA 953 with the exception of
Portland Hub, Zone 1, and hostlers in Portland Hub, Zone 2.
MEMORANDUM OF AGREEMENT
#2401050393
(2210-1)
Between
UNION PACIFIC RAILROAD COMPANY
and
UNITED TRANSPORTATION UNION
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VACATION AGREEMENT ADMINISTRATION
MODIFICATIONS
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Union Pacific Railroad Company (hereinafter “UP,” “Company” or “Carrier” and the United Transportation Union (hereinafter “UTU” or “Organization”) acknowledge that, because of the various rail mergers and consolidations, different practices and applications of some agreement provisions have evolved. Consequently, the parties recognize there is a benefit to both UP and its employees to have a more uniform and standardized method for applying certain agreement provisions. This agreement is thus a part of an effort to standardize the handling of certain agreement provisions.
UP and UTU jointly desire to modify, streamline and
standardize agreement provisions governing the qualification for, and
scheduling of, trainmen/yardmen vacation benefits. Accordingly, IT IS AGREED:
ARTICLE I. CROSS-CRAFT QUALIFICATION
A. Effective January 1, 2003,
Article III, Section 1, Paragraphs (a), (b), (c), (d) and (e) of the January
27, 1972 UTU National Agreement, as amended, will be modified and applied as
follows:
Previous years of service in a non-operating
agreement covered craft with Union Pacific will be considered in determining
the number of vacation week(s) a former non-operating craft employee will
qualify if he/she is employed in train service.
Example: A non-operating agreement covered employee
with seven (7) years of prior service on Union Pacific is employed in train
service. That employee has qualified
for vacations under his/her non-operating vacation agreement all of the
preceding seven (7) years. He/she will
be considered as having met the minimum qualifying and accumulation
requirements necessary in qualifying for vacation weeks as a trainman for all
seven (7) years. If a non-operating
agreement covered employee qualified for vacation under the
non-operating vacation agreement only five (5) of those seven (7) years, only
the five (5) years he/she qualified for vacation would be considered in
determining number of weeks vacation he/she would be entitled as a
trainman. Thereafter, qualifying
criteria would be governed/accumulated under the operating vacation agreement.
B. Non-operating craft employees will not be permitted to duplicate or pyramid vacation weeks upon transferring to train service. In the calendar year a transfer to train service occurs, non-operating employees may be required to observe all of their vacation from a non-operating craft before transferring, time and service requirements permitting. Unused vacation from a non-operating craft that cannot be observed prior to transferring to train service may, at the Carrier’s discretion, be scheduled or paid in lieu thereof.
C. Employees not yet qualifying for vacation in the following year in the pre-transfer craft or position will be entitled to combine the prior non-operating service with train service for qualifying purposes in the calendar year of the transfer. In effect, the service in the pre-transfer craft or position will be treated as train service for qualifying purposes.
ARTICLE II. VACATION SPLITS
Commencing January 1, 2003 – i.e., for vacation
benefits for calendar year 2003 – employees may request the maximum number of
splits to allow for a weekly scheduling of their allotted vacation weeks. Such splits shall not be in less than
one-week increments. (Example: a maximum of four splits will be allowed for
an employee qualifying for five (5) weeks of vacation.)
A. Commencing January 1, 2003, employees having less
than three (3) weeks of single day vacations may designate up to three (3)
weeks of their allotted number of vacation weeks to be utilized as single
vacation day(s).
NOTE: Employees
already entitled to more than three weeks of single day vacations, if any, will
retain their present entitlement.
B. All single vacation days will be scheduled. If they are scheduled in a one-week block
(or two or three-week block), employees can use single days from that block
prior to the scheduled time by rescheduling the day (or days) with CMS. Any unused portion of the single days must
be taken at the scheduled time.
C. 1. A week of single day’s vacation for employees holding
regular yard service assignments and extra boards protecting yard service exclusively
shall consist of five (5) days.
2.
A week of single
day’s vacation for employees holding positions in road service or on
combination road/yard extra board shall consist of seven (7) days.
ARTICLE IV. VACATION GROUP
A. The scheduling of an employee’s vacation for the
upcoming or current year shall be based on the location and class(es) of
service where he/she was assigned for a preponderance of the time during the
six (6)-month qualification measurement period. The qualification measurement period shall be April1 through
September 30.
NOTE: This
does not affect arrangements under which craft (i.e., engineer, hostler, train
service) is determined for vacation scheduling purposes.
B. The provisions of this Article IV shall not serve to
alter existing practices or Agreement provisions governing vacation groupings
and other matters regarding the scheduling of vacation.
A.
The increasing of
vacation opportunities and flexibility as set forth herein shall not cause
Carrier to incur any additional employee protection expense or guarantee
payments as a result thereof.
B. In
the event the provisions of this Agreement conflict with a provision of any other agreement,
understanding or practice, the provisions set forth herein shall prevail and
apply.
C. Existing rules and practices regarding the handling of vacations not specifically amended by this Agreement, including, but not limited to, scheduling of vacations, scheduling of single days vacation, and handling of vacation splits and/or single day vacations, shall continue in effect without change.
D. This
Agreement is made without prejudice to the position of either party and will not
be referred to in connection with any other agreement (local or national and
shall remain in effect subject to revision pursuant to the provisions of the
Railway Labor Act.
FOR THE UNITED FOR
THE UNION PACIFIC
TRANSPORATION UNION RAILROAD COMPANY
_______________________ ________________________
D.L. Hazlett S.F.
Boone
General Chairman Director
– Labor Relations
________________________ ________________________
M.B. Futhey A.T.
Olin
Vice President – UTU General
Director – Labor Relations
Side Letter No. 1
MOA
#2401060393
Zone 3 Portland Hub
Mr. D.L. Hazlett
General Chairman - UTU
5990 South West 28, Ste F.
Topeka, Ks. 66614-4181
Dear Sir:
This will confirm our discussion
concerning the intent of Article V, Section A of the Vacation Administration
Modification Agreement reading:
“The increasing of vacation opportunities and flexibility
as set forth herein shall not cause Carrier to incur any additional employee
protection expense or guarantee payments as a result thereof.”
The purpose of this section is to keep the Vacation
Administration Modification Agreement cost neutral with respect to protection
and administration costs. However, the application of this section is intended
to be without prejudice to the positions of either party with respect to
existing Labor Protection or Timekeeping administrative practices, i.e., manner
in which the Protection Administration Group or Timekeeping applies offsets to
guarantee which the Organization does not concur. Such disputes will be
resolved through the normal grievance process with this agreement having no
impact on the position of the parties.
If this correctly reflects your
understanding of the intent of this agreement please sign below in the space
provided.
Agreed: Yours
truly,
____________________ S.F.
Boone
D.L.
Hazlett Director
– Labor Relations
General
Chairman - UTU
Side Letter No. 2
MOA
#2401060393
Zone
3 Portland Hub
Mr. D.L. Hazlett
General Chairman - UTU
5990 South West 28, Ste F.
Topeka, Ks. 66614-4181
Dear Sir:
This will confirm our discussion concerning the
intent of Articles II and III of the Vacation Administration Modification
Agreement.
The
parties are in agreement single day vacation allotments and/or weekly splits
scheduled, assigned and/or granted pursuant to the Vacation Modification
Agreement does not extend additional vacation time or deprive any employee of
vacation earned as provided by the National Vacation Agreements.
For
example, an employee qualifying for only two weeks of vacation in a calendar
year may designate only two weeks to be utilized as single days. Article III,
Item A does not grant additional weeks or single days beyond that provided by
the National Vacation Agreement.
If this correctly reflects your understanding of the
intent of this agreement please sign below in the space provided.
Agreed: Yours
truly,
____________________ S.F.
Boone
D.L.
Hazlett Director
– Labor Relations
General
Chairman - UTU