QUESTIONS & ANSWERS - BLE DENVER HUB

Article I - DENVER HUB

Q1.      Does the new seniority district change terminal limits at the mile posts indicated?

A1.      No. It is the intent of this agreement to identify the new seniority territory and not to change the existing terminal limits except as specifically provided elsewhere in this agreement.

 

Q2.      Which Hub is Grand Junction in?

A2.      For seniority purposes engineers are in the Denver Hub, however due to the unique nature of Grand Junction being a home terminal for one Hub and away from home for another Hub, the extra board may perform service on both sides of Grand Junction.

 Article II - SENIORITY AND WORK CONSOLIDATION

Q3.      What is the status of pre-existing prior rights at a location such as Pueblo?

A3.      DRGW engineers working at Pueblo on their system seniority but with prior rights elsewhere will have to elect prior rights at their original location or at Pueblo. If they elect Pueblo they will be junior to current prior right employees at Pueblo.

 

Q4.      If the trackage between Pueblo and Horace is reopened and UP engineers operate over that territory, do MPUL engineers have prior rights to that work?

A4.      Yes.

 

Q5.      Why do the zones appear to overlap?

A5.      Zones indicate a given area depending on the on duty point of an assignment. For example, for long pool service, Grand Junction is the proper zone for Grand Junction- Denver service. For short pool service Grand Junction is the zone for going to Bond and Denver is the proper zone for going Denver-Bond.

 

Q6.      In Article II(C)(4), what does the phrase “when their services are no longer required” mean?

A6.      It is the parties intent to release forced and borrow out employees as soon as practical but without causing an added burden on those employees who remain in the Hub. When the change in operations result in surplus employees then the forced and borrow out employees services will no longer be required and they will be released on a one for one basis.

 

Q7.      In Article II (G), what does it mean when it refers to protecting all engineer vacancies within a zone?

A7.      If a vacancy exists in a zone, it must be filled by a prior rights employee prior to placing employees on reserve, protection or supplemental boards. If a non prior rights employee is working in a zone then a prior rights employee must displace that person prior to going to a reserve, protection or supplemental board. If a vacancy exists in one zone and an employee in another zone is on a reserve, protection or supplemental board that person will be recalled prior to the Carrier promoting additional engineers.

 

Q8.      Will existing pool freight terms and conditions apply on all pool freight runs?

A8.      No. The terms and conditions set forth in the controlling collective bargaining agreements and this document will govern.

 

Q9.      In Article II (H) will an employee be entitled to a relocation allowance if they voluntarily move either within the Hub or outside the Hub?

A9.      If, for example, an engineer working at Cheyenne wants to be in the Denver Hub and displaces a junior employee as part of the final seniority placement the Cheyenne engineer would not be entitled to a relocation allowance because that would be a seniority move not required by the merger.

 

Q10.    In Article II (H), if an employee who leaves the Hub places an application to return to the Hub, must they return when notified of the need for more employees in the Hub?

A10.    No, when notified they may at that time pull their application and elect to stay at their new location. When their application is pulled, it may not be resubmitted.

 

Q11.    If a Cheyenne based engineer exercises his/her seniority to Denver as part of the final seniority process, will they receive wage protection?

A11.    No. Employees who are outside the Hub on December 1, 1996, and not on the merged roster, are not certified for wage protection. If they move into the Hub after implementation on a seniority move basis they do not become protected and if they remain at Cheyenne they do not become protected as the runs to Rawlins and Green River are not affected by this merger notice.

 

Q12.    Will an employee gain or lose vacation benefits as a result of the merger?

A12.    SP/DRGW engineers will retain the number of weeks vacation earned for 1997 that they would have earned under their previous vacation agreement. Beginning with the 1998 calendar year they will be treated as if they had always been a UP engineer and will earn identical vacation benefits as a UP engineer who had the same hire date and same work schedule.

 

Q13.    When the agreement is implemented, which vacation agreement will apply?

A13.    The vacation agreements used to schedule vacations for 1997 will be used for the remainder of 1997.

 

Q14.    Will personal leave be applicable to DRGW engineers in 1997?

A14.    When the agreement is implemented, personal leave will be prorated for the remainder of the year.

 

Q15.    What is the status of pre October 31, 1985 trainmen/firemen seniority?

A15.    Trainmen/firemen seniority will be in negotiations/arbitration with the appropriate Organization. Employees will be treated as firemen should they not be able to hold as an engineer. Those currently “treated as” will continue such status.

 

Q16.    What is the status of post October 31, 1985 trainmen/firemen seniority?

A16.    A post October 31, 1985 engineer will exercise their seniority as a trainman/fireman in accordance with the applicable agreements should they not be able to hold as an engineer after the interim period.

 

Q17.    Will the Carrier continue to discuss ebb and flow issues after the merger?

A17.    Yes, the Carrier recognizes the benefits of discussing this issue further.

Article III - TERMINAL CONSOLIDATIONS

Q18.    If a yard job goes on duty in the previous UP yard what are the switching limits for performing work in the road/yard zone west of Denver?

A18.    DRGW M.P. 7.5 will be used for all yard crews on duty in Denver.

Article IV - POOL OPERATIONS

Q19.    If the on duty point for the Denver-Cheyenne pool is moved from Denver Union Terminal to the DRGW Yard, will the mileage paid be increased?

A19.    Yes. The mileage will be from the center of DRGW Yard to Cheyenne.

 

Q20.    Will the pools be blue printed or run first in first out?

A20.    At the start of the implementation period they will run as they currently do and the parties will review the issue after a period of time to give the parties a chance to see how the merger has affected the pools.

 

Q21.    Will the Denver-Oakley and Salina- Oakley pool ratios be maintained?

A21.    No. With the movement of the terminal to Sharon Springs and the creation of single headed pools, there will be no ratios.

 

Q22.    Because of the elimination of Oakley as a home terminal for pool service, what type of job assignment will the engineers who remain at Oakley/Sharon Springs protect?

A22.    The Carrier anticipates that for those engineers allowed to remain in this area that based on manpower needs, the guaranteed extra board will protect extra locals, branch line work, short turnaround service, HOSA relief work and so forth.

 

Q23.    In Article IV(B), Section 3 provides that the Carrier has the right to perform work currently permitted by other agreements including using an engineer from a following train to work a preceding train. Does this alter the provision from the basic Eastern District agreement that provides for a penalty payment for trading trains while operating in interdivisional service?

A23.    No, the provision and its application is not changed by this agreement.

 

Q24.    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 far terminal, what will happen to the crew?

A24.    Except in cases of emergency, the crew will be deadheaded on to the far terminal.

 

Q25.    Is it the intent of this agreement to use crews beyond the 25 mile zone?

A25.    No.

 

Q26.    In Article IV (B), is the ½ basic day for operating in the 25 mile zone frozen and/or is it a duplicate payment/special allowance?

A26.    No, it is subject to future wage adjustments and it is not duplicate pay/special allowance.

 

Q27.    How is a crew paid if they operate in the 25 mile zone?

A27.    If a pre-October 31, 1985 engineer is transported to its train 10 miles east of Sharon Springs and he takes the train to Denver and the time spent is one hour east of Sharon Springs and 9 hours 24 minutes between Sharon Springs and Denver with no initial or final delay earned, the employee shall be paid as follows:

 

A.        One-half basic day for the service east of Sharon Springs because it is less than four hours spent in that service.

B.        The road miles between Sharon Springs and Denver.

C.        One hour overtime because the agreement provides for overtime         after 8 hours 24 minutes on the road trip between Sharon Springs and Denver. ( 210 miles divided by 25 = 8'24")

 

Q28.    Would a post October 31, 1985 engineer be paid the same?

A28.    No. The National Disputes Committee has determined that post October 31, 1985 engineers come under the overtime rules established under the National Agreements/Awards/Implementing Agreements that were effective after that date for both pre-existing runs and subsequently established runs. As such, the post October 31, 1985 engineer would not receive the one hour overtime in C above but receive the payments in A & B.

 

Q29.    How will initial terminal delay be determined when operating in the Zone?

A29.    Initial terminal delay for crews entitled to such payments will be governed by the applicable collective bargaining agreement and will not commence 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.

 

Q30.    Can you give an example of other destinations that would not cause a runaround as described in Attachment B(7)?

A30.    If one engineer is called to run from Denver to Sharon Springs and another is called to run from Denver to Cheyenne and they are in the same pool, then they cannot run around each other when called to work even if they do not leave on the trains for which called.

 

Q31.    When the UPED agreement becomes effective what happens to existing DRGW/MPUL claims?

A31.    The existing claims shall continue to be handled in accordance with the DRGW/MPUL Agreements and the Railway Labor Act. No new claims shall be filed under that agreement once the time limit for filing claims has expired.

 

Q32.    Is the identification of the UPED collective bargaining agreement in Article IV, Section C, a result of collective bargaining or selection by the Carrier?

A32.    Since UP purchased the SP system the Carrier selected the collective bargaining agreement to cover this Hub.

 

Q33.    In Article IV (D), if no applications are received for a vacancy on a prior rights assignment, does the prior right engineer called to fill the vacancy have the right to displace a junior prior right engineer from another assignment?

A33.    Yes. That engineer has the option of exercising his/her seniority to another position held by a junior prior right employee, within the time frame specified in the controlling collective bargaining agreement, or accepting the force to the vacancy.

 

Q34.    Will an employee in engineer training on or before November 30, 1996, holding prior rights be entitled to a bump an engineer only having common rights holding an assignment in his/her prior rights territory?

A34.    Yes.

 Article V - EXTRA BOARDS

Q35.    How many extra boards will be combined at implementation?

A35.    It is unknown at this time. The Carrier will give written notice of any consolidations whether at implementation or thereafter.

 

Q36.    Are these guaranteed extra boards?

A36.    Yes. The pay provisions and guarantee offsets and reductions will be in accordance with the existing UPED guaranteed extra board agreement.

ARTICLE VI - PROTECTION

Q37.    What is automatic certification?

A37.    An understanding reached by the parties that an employee will be provided the benefits of the applicable labor protective conditions without having to prove he was adversely affected as a result of implementation of this Agreement.

 

Q38.    How will the test period average be determined?

A38.    The parties have agreed to use the calendar year 1996 as the twelve month period. Normally, the twelve month period immediately prior to the implementation date is used, however, since severe flooding on the SP and UP beginning January 1, 1997, altered normal service through the central corridor, the parties agreed to use the 1996 calendar year.

 

Q39.    How does the Carrier calculate test period earnings if, for example, an employee missed two (2) months compensated service in 1996?

A39.    If an employee had no compensated service in the two (2) months, the Carrier will go back fourteen (14) months to November 1, 1995, to calculate the test period earnings based on twelve (12) months compensated service.

 

Q40.    How will an employee be advised of their test period earnings?

A40.    Test period averages will be furnished to each individual and the General Chairman.

 

Q41.    How is length of service calculated?

A41.    It is the length of continuous service an employee has in the service of the Carrier with a month of credit for each month of compensated service.

 

Q42.    If an employee has three years of engineers service and three years of conductor service, how many years of protection will they have?

A42.    Six.

 

Q43.    How will the employees know which jobs are higher rated?

A43.    The Carrier will periodically post job groupings identifying the highest to lowest paid jobs.

 

Q44.    Will specific jobs be identified in each grouping?

A44.    Pools, locals and extra boards may be identified separately but yard jobs and road switchers will not be.

 

Q45.    What will determine if an engineer is considered a “dismissed” employee under this agreement?

A45.    If an employee cannot hold any engineer position other than a protection board at their current location.

 

Q46.    What triggers the seven day period in which the “dismissed” engineer must elect the separation allowance?

A46.    The first day that an employee is placed on a protection board and cannot hold another position.

 

Q47.    What rights does an employee have if he/she is already covered under labor protection provisions resulting from another transaction?

A47.    Section 3 of New York Dock permits employees to elect which labor protection they wish to be protected under. By agreement between the parties, if an employee has three years remaining due to the previous implementation of Interdivisional Service the employee may elect to remain under that protection for three years and then switch to the number of years remaining under New York Dock. If an employee elects New York Dock then he/she cannot later go back to the original protection even if additional years remain. It is important to remember that an employee may not receive duplicate benefits, extend their protection period or count protection payments under another protection provision toward their test period average for this transaction.

 

Q48.    If an employee is displaced from his/her assignment and not immediately notified of the displacement, will their New York Dock protection be reduced?

A48.    An employee’s reduction from New York Dock protection would commence with notification or attempted notification by the Carrier and would continue until the employee placed themselves.

 

Q49.    Will an employee have their protection reduced while on a protection board?

A49.    Yes, but only for layoffs or other absences. They will be considered as holding the highest rated position when on the board.

 

Q50.    If an employee who has wage protection leaves the Hub or later returns to the Hub, how are they treated for protection purposes?

A50.    They will be treated as holding the highest rated job they could hold in their previous seniority district if higher than the one in their new seniority district.

 

Q51.    How will reductions from protection be calculated?

A51.    In an effort to minimize uncertainty concerning the amount of reductions and simplify this process, the parties have agreed to handle reductions from New York Dock protection as follows:

 

1.         Pool freight assignments - 1/15 of the monthly test period average will be reduced for each unpaid 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.

 

2.         Five day assignments - 1/22 of the monthly test period average will be reduced for each unpaid 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.

 

3.         Six & seven day assignments - The same process as above except 1/26 for a six day assignment and 1/30 for a seven day assignment.

 

4.         Extra board assignments - 1/20 of the monthly test period average will be reduced for each unpaid absence of up to 24 hours or part thereof. Absences beyond 24 hours will result in another 1/20 reduction for each additional 24 hour period or part thereof.

 

NOTE: Engineers on extra boards that go to the foot of the extra boards after a layoff will be considered as having an additional 24 hours off for riding the board.

 

Q52.    Can you give an example of how the interim protection and regular protection will operate?

A52.    The following examples cover employees with less than six years of service and more than six years of service.:

 

Example 1:     Employee A has eight years of service when the agreement is implemented on April 1, 1997. The interim period runs until January 1, 1998. The employee will receive interim protection until January 1, 1998, and on that date will receive six years New York Dock protection.

 

Example 2:     Employee B has three years of service under the same facts as example 1. Employee B will have interim protection until January 1, 1998, and will then have three years nine months New York Dock protection.

 

Example 3:     Employee A has eight years of service when the agreement is implemented on April 1, 1997. The interim period runs until June 1, 1998. The employee will receive interim protection until April 1, 1998, and will begin regular protection on April 1, 1998, for six years.

 

Example 4:     Employee B has three years of service under the same facts as Example 3. Employee B will have interim protection until April 1, 1998, and will begin four years New York Dock protection on that date.

 

Example 5:     Employee C has seven years of service when the agreement is implemented on April 1, 1997. Employee C elects to move to a vacancy outside the Denver Hub on November 1, 1997, and reports on that date. Employee C will be on interim protection until November 1, 1997, and will then start six years regular protection.

 

Q53.    Why are there different dollar amounts for non-home owners and homeowners?

A53.    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.

 

Q54.    Why is there one price on loss of on sale of home?

A54.    It is an in lieu of amount. Employees 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 may not want to go through the procedures to claim the loss under New York Dock.

 

Q55.    What is loss on sale of home for less than fair value?

A55.    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.

 

Q56.    If the parties cannot agree on the loss of fair value what happens?

A56.    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.

 

Q57.    What happens if an employee sells the home for $20,000 to a family member?

A57.    That is not a bona fide sale and the employee would not be entitled to either an in lieu of payment or a New York Dock payment for the difference below the fair value.

 

Q58.    What is the most difficult part of New York Dock in the sale transaction?

A58.    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.

 

Q59.    Who is required to relocate and is thus eligible for the allowance?

A59.    An employee who can no longer hold a position at his/her location and must relocate to hold a position as a result of the merger. This excludes employees who are borrow outs or forced to a location and released.

 

Q60.    Are there mileage components that govern the eligibility for an allowance?

A60.    Yes, the employee must have a reporting point farther than his/her old reporting point and at least 30 miles between the current home and the new reporting point and at least 30 miles between reporting points.

 

Q61.    Can you give some examples?

A61.    The following examples would be applicable.

 

Example 1:     Employee A lives 80 miles north of Denver and works a yard assignment at Denver. As a result of the merger he/she is assigned to a road switcher with an on duty point 20 miles north of Denver. Because his new reporting point is closer to his place of residence no relocation allowance is given.

 

Example 2:     Employee B lives 35 miles north of Denver and goes on duty at the UP yard office in Denver. As a result of the merger he/she goes on duty at the DRGW yard office which is four miles away. No allowance is given.

 

Example 3:     Employee C lives in Pueblo and is unable to hold an assignment at that location and is placed in Zone 1, where a shortage exists, and places on an assignment at Denver. The employee meets the requirement for an allowance and whether he/she is a home owner who sells their home or a non-homeowner determines the amount of the allowance.

 

Example 4:     Employee D lives in Denver and can hold an assignment in Denver but elects to place on a Road Switcher 45 miles north of Denver. Because the employee can hold in Denver, no allowance is given.

 

Q62.    Must MPUL engineers and Minturn engineers be forced to an assignment to be eligible for relocation benefits?

A62.    No, since they must relocate they make application for other assignments.

 

Q63.    Are there any seniority moves that are eligible for an allowance?

A63.    Yes, seniority moves between zones or outside the Hub, to Cheyenne, Rawlins, Dalhart, etc. during the interim period that permit another employee who would have been forced to remain at the same location will be eligible for an allowance. The move may not trigger other relocation allowances.

 

Q64.    Will engineers be allowed temporary lodging when relocating?

A64.    Engineers entitled to a relocation allowance shall be given temporary lodging for thirty (30) consecutive days.

Article VII - INTERIM OPERATIONS

Q65.    Are there any restrictions on routing of traffic or combining assignments during the interim period or thereafter?

A65.    There are no restrictions on the routing of traffic in the Denver Hub once the 30 day notice of implementation has lapsed and the interim period has begun. There will be a single collective bargaining agreement and limitations that currently exist in that agreement will govern, e.g., radius provisions for road switchers, road/yard moves etc. However, none of these restrictions cover through freight routing. The combining of assignments is covered in this agreement.

 

Q66.    Since the protection boards will also operate as supplemental extra boards, does the Carrier intend to run extra boards short-handed?

A66.    No.

 

Q67.    Will Local Chairmen be subject to call on the protection board when it is used as a supplemental board?

A67.    No. The Local Chairmen will be performing other duties in accordance with this Agreement.

Article VIII - IMPLEMENTATION

Q68.    On implementation will all engineers be contacted concerning job placement?

A68.    No, the implementation process will be phased in and employees will remain on their assignments unless abolished or combined and then they may place on another assignment or on the protection board depending on surplus. see Article VIII(B). The new seniority rosters will be available for use by employees who have a displacement.

 

Q69.    How will the new extra boards be created?

A69.    When the Carrier gives notice that the current extra boards are being abolished and new ones created in accordance with the merger agreement, the Carrier will advise the number of assignments for each extra board and the effective date for the new extra board. The employees will have at least ten days to make application to the new extra board and the dovetail roster will be used for assignment to the Board. It is anticipated that the extra boards will have additional engineers added at first to help with the familiarization process.

 

Q70.    Will the Carrier transfer all surplus employees out of the Hub?

A70.    No. The Carrier will retain some surplus to meet anticipated attrition and growth, however, the number will be determined by the Carrier.

 

Q71.    Will the Carrier offer separation allowances?

A71.    The Carrier will review its manpower needs at each location and may offer separation allowances if the carrier determines that they will assist in the merger implementations. Article I Section 7 of New York Dock permits an employee that is “dismissed” as defined by New York Dock to request a separation allowance within seven days of his/her being placed in dismissed status in lieu of all other benefits.

 

Q72.    When will reserve boards be established and under what conditions will they be governed?

A72.    When the interim period is over and the protection boards are canceled the parties will be governed by Article VIII(E). When reserve boards are established, they will be governed by the current supplemental board agreement covering the UPED engineers at Denver.

 

Q73.    When will the engineers on the 5th/14th district roster make their one-time election for permanent roster selection?

A73.    At the beginning of the interim period these engineers will make their election but will not be released to relocate until replacements are available.

 

Q74.    What protection/relocation benefits will 5th/14th district engineers be provided when they make the election?

A74.    Since this is a voluntary seniority move no additional benefits are provided. Engineers in the Denver Hub who are certified will be able to take their wage protection with them; however, those outside the Hub who come into the Hub will not gain wage protection. None of the engineers will be entitled to relocation expenses as a result of a voluntary move at this time.

 

Q75.    Will the same provisions apply for the 10/11th district engineers?

A75.    No, since some of those engineers are currently operating in a doubleheaded pool those engineers will be afforded the opportunity to relocate to Zone 1 for the single headed pool operation. Those not involved in the Denver pool operation will be governed under the implementation agreement covering the Salina to Sharon Springs pool freight run.