|
MERGER
SUPPLEMENTAL Between
the and the UNITED
TRANSPORTATION UNION
This agreement is entered into as an amendment to the Arbitration Award
dated April 14, 1997. The parties recognize that certain adjustments
would benefit both parties to amend that award. Therefore
it is agreed: I.
Article IV (A) (1) of the Denver Hub proposal shall read as
follows:
"All Grand Junction-Denver/Bond and Grand Junction-Mintum pool
operations may be combined into one pool with Grand Junction
as the home terminal. Denver-Phippsburg/Bond, Denver-Cheyenne and
Denver-Sharon Springs will be run as separate pools, however if a pool
drops to 5 or fewer turns the Carrier may combine the pool with one of
the other pools." II.
All employees currently in the Hub and who were working an
assignment in the Hub on July 1,1997 shall be given automatic
certification of New York Dock wage protection. This protection is wage
only and hours will not be taken into account. This protection will
start with the first of the month following the implementation date of
this supplemental agreement. The employees must comply with the
requirements associated with New York Dock conditions or their
protection will be reduced for such items as layoffs, bidding/displacing
to lower paying assignments when they could hold higher paying
assignments, etc. The questions and answers attached hereto shall
describe the method of deduction when laying off or not available. This
provision does not apply to employees borrowed out into the Hub nor
those forced into the Hub and leaving the Hub when their services are no
longer needed. III.
Trainmen required to relocate under this agreement will be
governed by the relocation provisions of New York dock. In lieu of the
New York dock provisions, an employee required to relocate may elect one
of the following options:
1. Non-homeowners
may elect to receive an "in lieu of allowance in the amount of
$10,000 upon providing proof of actual relocation.
2. Homeowners
may elect to receive an "in lieu of allowance in the amount of
$20,000 upon providing proof of actual relocation.
3. Homeowners
in Item 2 above, who provide proof of a bona fide sale of their home at
fair value at the location from which relocated, shall be eligible to
receive an additional allowance of $10,000.
(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.
4. With
the exception of Item 3 above, no claim for an "in lieu of
relocation allowance will be accepted after two (2) years from date of
implementation of this agreement.
5. Under
no circumstances shall an employee be permitted to receive more than one
(1) "in lieu of relocation allowance under this implementing
agreement.
6. Trainmen
receiving an "in lieu of relocation allowance pursuant to this
implementing agreement will be required to remain at the new location,
seniority permitting, for a period of two (2) years.
7. There
will be no pyramiding of benefits. IV.
National rate progression provisions shall be waived for all
trainmen on the roster on July 1, 1997 and still working in the Hub, who
hold prior rights in the Denver Hub. All others shall be governed by the
National rate progression provisions. V.
Article VIII Section D of the award which covered forcing
trainmen outside the hub for a one year period is deleted. VI.
If new pool operations are implemented that run over two prior
right existing runs then those holding prior rights to the old runs
shall hold prior rights to the new runs in the ratio of miles run. For
example, if Pueblo-Cheyenne operations are implemented then employees
with prior rights in the two Zones involved will hold prior rights to
the new run based on the ratio of miles run. VII.
In an effort to keep employees from having to relocate to
locations away from home when there are other employees with seniority
dates prior to the implementation date of this agreement available at
the other locations it is agreed that the following shall govern:
1. Denver
Hub: When permanent vacancies occur on a regular position or guaranteed
extra board in any of the three zones, employees with prior rights to
the assignment may elect by application to fill the vacancy in seniority
order. If the vacancy is not filled in the above manner it will be
filled as follows:
A. If
no prior right applications are received, then the junior employee on
the zone reserve board in that zone shall be recalled to the assignment
or may displace a junior working employee.
B. If
no employee is on a reserve board in the zone then the senior applicant
with prior rights in another zone will be assigned.
C. If
there are no applications from employees who hold prior rights in other
zones and there are employees on reserve boards in the other zones then
the junior employee on the other reserve boards shall be recalled to the
assignment or may displace a junior working employee with the end result
a junior employee forced to the vacancy.
D. If
there are no employees on any reserve boards, then the senior furloughed
trainman shall be recalled. VIII.
As a point of clarification, all pool freight operations in the
Denver Hub shall be governed by the same provisions with regards to ITD/FTD,
HAHT, meal payments for time spent at the far terminal, runarounds,
overtime and $1.50 in lieu of eating en route based on the employees
seniority date and eligibility for those provisions. IX.
Premium payments required by former SP/DRGW Agreements covering
Life Insurance and/or Disability Insurance will continue for those SP/DRGW
trainmen/yardmen/hostlers who are covered by this supplemental agreement
and who were covered under those plans on June 30,1997. These payments
will be maintained for such employees for six years from the
implementation date of this agreement. X.
Article IV (B) (1) Twenty-Five Mile Zone of the Denver
arbitration proposal concerning the twenty-five mile zone is reinstated
as part of the amended award except for Cheyenne. Bond will be included
as a location where the provisions will be used. The provision will not
be implemented at Dalhart unless a similar provision is entered into for
employees based at that location. XI.
Article IX (E) of the Denver Hub proposal shall read as follows:
"50% of the regularly assigned yard assignments within zones 2
& 3 of the Denver Hub may be run as foreman only without any work or
other
restrictions. Extra yard assignments shall not be operated foreman only.
All pool freight service (assigned and unassigned, through
and non-through)
in zones 2 and 3 and the former DRGW road territory of Zone 1 may work
conductor only without any work or other
restrictions in
the switching limits of any initial or final terminal. These assignments
shall be limited to three work events en route as defined
in the UPED
agreement. Assignments with
additional crew members shall have no restrictions of any kind, either
in the initial and final terminal or en
route. Yard Foreman who work without a helper/switchmen will be entitled
to an additional $10.00 special allowance. This allowance shall
apply to all employees who are on the roster July 1,1997."
Note: The references to "without restrictions" and "no
restrictions" in Article XI above refers to restrictions that are
associated with crew consist and not with road/yard rules that would apply whether the
crew was a short crew or a standard crew. XII.
All questions and answers to the Carrier's proposals that were
deleted by the arbitration award are reinstated. If, however, any of
those Q&A's conflict with this supplemental agreement then this
supplemental agreement shall govern. XIII.
Trainmen/switchmen, not currently eligible to hold a reserve
board position, who are working in the Denver Hub and with a trainman
seniority date prior to July 1,1997 shall be eligible to hold a reserve
board position, seniority permitting, in accordance with the provisions
of the UPED reserve board agreement. The reserve board rate shall be 70%
of the yard foreman rate of pay for these employees. This provision does
not apply to employees borrowed out into the Hub nor those forced into
the Hub and leaving the Hub when their services are no longer needed. XIV.
This agreement is entered into without precedent or prejudice to
either party and the provisions of this supplemental agreement shall not
be cited or referred to by either party in any proceeding other than a
dispute involving the interpretation of this agreement. This
agreement is signed this 9th day
of September 1997 and is effective the 1st day of October, 1997. FOR
THE ORGANIZATION: FOR
THE CARRIER: QUESTIONS
AND ANSWERS TO THE SUPPLEMENTAL AGREEMENT Q1.
What is automatic certification? A1.
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. Q2.
How will the test period average be determined? Q3.
How does the Carrier calculate test period earnings if, for
example, an employee missed two (2) months compensated service in the
prior twelve months? Q4.
How will an employee be advised of their test period earnings? Q5.
How is length of service calculated? Q6.
How will the employees know which jobs are higher rated? Q7.
Will specific jobs be identified in each grouping? Q8.
What rights does an employee have if tie/she is already covered
under labor protection provisions resulting from another transaction? Q9.
Is the ten (10) dollar Foreman only allowance in addition to the
regular special allowance? Q10.
How will reductions from protection be calculated?
1. Pool
freight assignments -1/15 of the monthly test period average will be
reduced for each unpaid abse'nce 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
dav 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 -1/30 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 1/30 reduction for each
additional 24 hour period or part thereof.
Note 1:
Absences on the extra board are calculated from the time of
unavailability (layoff, missed call, etc.) until the next time called
for service. For Example: If an employee lays off on Monday at noon,
marks up the next day, Tuesday and does not work until 2AM on Wednesday
then they shall be off for protection purposes for thirty-eight hours
and shall be deducted 2/30th of their protection.
Note 2:
Local Chairmen, on the extra board, who lay off Union Business,
will only be docked 1/30 for each 24 hours or part thereof and note 1
will not apply to them in such circumstances. Q11.
Why are there different dollar amounts for non-home owners and
homeowners? Q12.
Why is there one price on loss of on sale of home? Q13.
What are the basic ID provisions for the Eastern District? Q14.
Is this supplemental agreement retroactive to July 1, 1997? Q15.
Are coal pool operations to mines and power plants subject to
conductor only operations? Q16.
What about employees who are on leaves of absence due to several
reasons including medical, Union Officer, Carrier Officer and
legislative representative, as these employees were not working in the
Hubs on November 1, 1996? Q17.
Since Zone 1 yard assignments and former UPED road territory are
not mentioned in Article XI of this agreement how shall they be governed
for crew consist principles? Q18.
How will Union Officers test period average be calculated? Q19.
How will an employee be paid who is used in the twenty-five mile
zone to obtain a train, brings the train into the original on-duty
terminal (now an intermediate point) and then deadheaded on to the far
terminal because of insufficient time to continue on with the train? Q20.
If an employee works ten hours in the twenty-five mile zone how
shall they be paid? Attachment
"A" THE
FOLLOWING IDENTIFIES TERMS AND CONDITIONS REFERRED TO IN THE DENVER AND
SALT LAKE HUBS MERGER SUPPLEMENTAL AGREEMENT THAT WILL BE APPLICABLE TO
THE POOL FREIGHT OPERATIONS IN THOSE HUBS. 1.
Miles Paid - Each pool shall be paid the actual miles between the
points of the run for all service and combination deadhead/service with
a minimum of a basic day. 2.
Basic Day/Rate of Pay - The provisions of the 1991, Implementing
Agreement (UTU) and the 1996, National Agreement (UTU) will apply. 3.
Transportation - Transportation will be provided in accordance with
Section (2)(c) of Article IX of the October 31,1985, National Agreement
Award (UTU). 4.
Meal Allowances and Eating En Route - Meal allowances and eating en
route will be governed by Sections 2(d) and 2(e) of Article IX of the
October 31, 1985, National Agreement (UTU) as amended by the 1991,
Implementing Agreement. 5.
Overtime - Employees who have an engineer/train service seniority
date prior to October 31,1985, shall begin overtime at the expirations
of eight (8) hours for those through freight runs that are two hundred
miles or less and on runs in excess of two hundred miles overtime will
begin when the time on duty exceeds the miles run divided by 25, or in
any case, when on duty in excess of 10 hours. When overtime, initial
terminal delay and final terminal delay accrue on the same trip,
allowance will be the combined initial and final terminal delay time, or
overtime, whichever is the greater. Employees hired after October 31,
1985, shall be paid overtime in accordance with the National Rules
governing same and in the same manner previously paid on the UPED prior
to the merger. 6.
Held Away from Home Time - Employees in pool freight service held
at other than home terminal will be paid continuous time for all time so
held after the expiration of sixteen hours from the time relieved from
previous tour of duty, at the regular rate per hour paid them for the
last service performed. 7.
Runarounds - Employees not called in their turn will be allowed
one-half basic day and stand first out, if not called within eight
hours, one basic day will be allowed and employee will stand first out.
Employees are not run around when they take the train for which called;
however, it will be permissible to run an employee out on other that the
train for which called, if practicable. Employees cannot be runaround by
employees going to a different destination (far terminal). Note:
The provisions listed above are terms and conditions that
currently apply to employees in some Interdivisional Service on the UPED.
They are listed here as information and are not meant to be all
inclusive but to provide a ready reference for employees previously not
familiar with them. The provisions will apply to pool freight service
identified in the award and/or supplemental agreement as the award and
/or supplemental agreement provides for the combining of pools and it is
the intent of this agreement to standardize the rules so that employees
are governed by the same terms and conditions whether operating in
single pools or combined pools. September
8, 1997 Mr.
G.A. Eickmann Dear Sir: This
refers to the merger arbitration award supplemental agreement. In
addition to the items listed in that agreement four related issues have
been raised that should be handled concurrently with that agreement With
the passing of mat agreement the parties also agree to the following: 1.
The parties will meet to establish yard
vacancy procedures. 2.
The parties will meet to review local agreements that were
eliminated by the merger award and jointly agree on which ones will be
reactivated. 3.
Meetings will be established involving CMS, Timekeeping, Labor
Relations and Local Chairmen, either in the Hubs or in Omaha to review
problems associated with implementation of the merger. 4.
The issues involving personal leave days shall be settled by
paying all trainmen/yardmen who converted to the Eastern District CBA on
July 1, 1997 an amount equal to 100% of the unused personal leave days
remaining from their previous agreement on that date, including
carryover days, at the rate of the last service performed Effective
August 1,1997 all such employees shall have converted to the UPED
personal leave agreement. Yours
truly, W.S
Hinckley (signature) September
8. 1997 Mr.
G.A. Eickmann Dear
Sin This
refers to the merger supplemental agreement that is to be effective
October 1,1997. During our discussions several questions were raised
concerning the crew consist portions of the agreement. Upon reviewing
these questions the Carrier proposed that they would be handled as
follows: 1.
The Organization was concerned that the Carrier would abolish
existing road switcher and local assignments and convert them to a pool
in an effort to expand the conductor only operations. The Carrier agreed
that the references to pool freight operations was intended to apply to
those pool operations that existed prior to the July 1, 1997
implementation date, such as but not limited to, the IPP pool, the Salt
Lake-Ogden Pool, various DRGW coal operations (mines and power plants)
that ran as pools, etc. It is not the intent to abolish other non pool
assignments such as the Fort Collins and LaSalle road switchers and then
run them as a pool. This does not prohibit the creation of new pools to
handle new operations or the combining of pools were permitted. 2.
The question was raised how a crew when called off the extra
board would be governed with respect to crew consist If the extra board
is used in place of pool service such as Salt Lake-Ogden or
Denver-Colorado Springs power plants men the pool provisions would
apply, and if used as a local or road switcher men those provisions
would apply. If used in work train or hours of service relief then the
regular UPED crew consist rules would govern those classes of service. Yours truly, W.S. Hinckley (signature) |