QUESTIONS & ANSWERS -UTU DENVER HUB

Article I - DENVER HUB

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

Al. 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 trainmen 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

03. What is the status of an employee who placed in the Hub after November 1, 1996 but prior to the implementation of this Award?

A3. They shall be placed on the roster using their dovetaii date but they shall not have any prior rights.

Q4. What happens if employees still have the same seriority date based on the current hire date?

A4. The UPED agreement has a provision for determining the seniority date under these conditions and that agreement will govern

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(G), what does it mean when it refers to protecting all vacancies within a zone?

A6. If a vacancy exists in a zone, it must be filled by a prior rights employee prior to placing employees on reserve 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 board. If a vacancy exists in one zone and an employee in another zone is on a reserve board that person will be recalled prior to the Carrier hiring additional trainmen.

Q7. Will existing pool freight terms and conditions apply on all pool freight runs?

A7 No. The terms and conditions set forth in the controlling collective bargaining agreement and this document will govern.

Q8. Can employee gain or lose vacation benefits as a result of the merger?

A8. No

Q9. When the agreement is implemented, which vacation agreement will apply?

A9 The vacation agreements used to schedule vacations for 1997 Noll be used for the remainder of 1997. Thereafter the UPED agreement will govern.

Q10. What is the status of firemen's seniority?

Al 0. Firemen seniority will be dovetailed in a similar manner as trainmen.

Article III - TERMINAL CONSOLIDATIONS

Q11. 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?

Al 1. DRGW M.P. 7.5 will be used for all yard crews on duty in Denver.

Article IV - POOL OPERATIONS

012. 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?

A12 Yes. The mileage will be from the center of DRGW Yard to Cheyenne.

Q13. In Article IV A 6 how would other operations be established?

A13. The controlling collective bargaining agreements would govern. For example ID service would be covered under Article IX of the 1985 National Agreement, road switchers can be established at any location under the local road switcher agreement.

Q 14. In Article IV(B) Section 3 provides that the Carrier has the right to perform work currently permitted by other agreements, can you give some examples?

A14. Yes, yard crews are currently permitted to perform hours of service relief in the road/yard zone established in the National Agreement, ID crews may perform combination deadhead/service and road switchers may handle trains that are laid down in their zone.

Q15. 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?

A15. Except in cases of emergency, the crew will be deadheaded on to the far terminal.

Q16. Is it the intent of this agreement to use crews beyond the 25 mile zone?

A16 No.

J, Q17. In Article IV(B), is the 1/2 basic day for operating in the 25 mile zone frozen

and/or is it a duplicate payment/special allowance?

A17. No, it is subject to future wage adjustments and it is not duplicate pay/special allowance.

Q18. How is a crew paid if they operate in the 25 mile zone?

A18. If a pre-October 31, 1985 trainman 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").

Q19. Would a post October 31, 1985 trainman be paid the same?

A19. No. The National Disputes Committee has determined that post October 31, 1985 trainmen 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 trainman would not receive the one hour overtime in C above but receive the payments in A & B.

Q20. How will initial terminal delay be determined when operating in the Zone?

A20. 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.

Q21. When the UPED agreement becomes effective what happens to existing DRGW/MPUL claims?

A21. 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.

022. Is the identification of the UPED collective bargaining agreement in Article IV@ a result of collective bargaining or selection by the Carrier.?

A22. Since UP purchased the SP system the Carrier selected the collective bargaining agreement to cover this Hub.

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Q23. In Article IV (D), if no applications are received for a vacancy on a prior rights assignment, does the prior right trainman called to fill the vacancy have the right to displace a junior trainman from another assignment?

A23. Yes. That trainman has the option of exercising his/her seniority to another position held by a junior employee, within the time frame specified in the controlling collective bargaining agreement, or accepting the force to the vacancy.

Article V - EXTRA BOARDS

Q24. How many extra boards will be combined at implementation?

A24. It is unknown at this time. The Carrier will give written notice of any consolidations whether at implementation or thereafter.

Q25. Are these guaranteed extra boards?

A25. Yes. The pay provisions and guarantee offsets and reductions will be in accordance with the existing UPED guaranteed extra board agreement.

ARTICLE VI - PROTECTION

Q26. What is loss on sale of home for less than fair value?

A26. 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.

Q27. If the parties cannot agree on the loss of fair value what happens?

A27. 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.

Q28. What happens if an employee sells a $50,000 home for $20,000 to a family member?

A28. That is not a bona fide sale and the employee would not be entitled to a New York Dock payment for the difference below the fair value.

Q29. What is the most difficult part of New York Dock in the sale transaction?

A29. 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.

Q30. Who is required to relocate and is thus eligible for the New York Dock benefit?

A30. 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.

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Q31. Are there mileage components that govern the eligibility for an allowance?

A31. 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.

Q32. Can you give some examples?

A32. 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 benefits are allowable.

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 relocation benefits are allowable.

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 relocations benefits.

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 relocation benefits are allowable.

Article VII-HEALTH AND WELFARE

Q33. Must employees not covered under the UP Hospital Association join after the merger?

A33. Yes because it is part of the UPED UTU collective bargaining agreement.

Article VIII - IMPLEMENTATION

Q34- Are there any restrictions on routing of traffic or combining assignments after implementation?

A34. There are no restrictions on the routing of traffic in the Denver Hub once the 30 day notice of implementation has lapsed. 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.

Q35. On implementation will all trainmen be contacted concerning job placement?

A35. 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.

Q36. How will the new extra boards be created?

A36. 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 dovetaii 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.

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

A37. No. The Carrier will retain some surplus to meet anticipated attrition and growth, however, the number will be determined by the Carrier.

Q38. When will reserve boards be established and under what conditions will they be governed?

A38. They will be established in each zone at implementation. When reserve boards are established, they will be governed by the current agreement covering the UPED trainman at Denver.

Article IX- CREW CONSIST

Q39. When this award is implemented will the productivity funds be paid out at that time?

A39. No, the number of credits that each employee, who will be in the Hub, has earned will be determined and frozen for the pre-existing fund. They will then start earning credits in the new fund. Those employees not in the Hub will continue to earn credits in their old fund.

GENERAL

040. Do the listing of mileposts in Article I mean that those are the limits that employees may work?

A40. No, the mile posts reflect a seniority district and in some cases assignments' that go on duty in the new seniority district will have away from home terminals outside the seniority district which is common in many interdivisional runs.

Q41. If the milepost is on the west end of Sharon Springs can the crew perform any work in the station of Sharon Springs east of the mile post?

A41. Yes, Sharon Springs is the away from home terminal and the crew may perform any work that is permissible under the Eastern District collective bargaining agreement. If a yard assignment is established it will not be filled by employees from the Denver Hub

042. Will all pool freight be governed by the same rules?

A42. Yes, all pool freight will be governed by the UPED interdivisional rules, such as but not limited to, initial terminal delay, overtime, $1.50 in lieu of eating en route.

Q43. Will all employees be paid the same?

A43. No, the current rules differ between pre and post October 31, 1985 employees with regards to such items as duplicate payments and overtime.

Since those are part of the National Agreements that supersede local rules they will continue to apply as they have applied on the UPED prior to the merger.

044. What will the miles paid be for the runs?

A44. Actual miles between terminals with a minimum of a basic day as determined by the National Agreement.