AGREEMENT
BETWEEN THE
UNION PACIFIC RAILROAD COMPANY
St. Joseph Terminal Railroad
AND THE
UNITED TRANSPORTATION UNION - (C) & (T)
(Eastern District and St. Joseph Terminal Railroad)
(Covering)
CREW CONSIST
THIS AGREEMENT IS IN FULL AND FINAL SETTLEMENT OF
THE CARRIER'S NOTICES SERVED UNDER SECTION 6 OF THE RAILWAY
LABOR ACT ON OR ABOUT JUNE 13, 1977, PERTAINING TO THE
CONSIST OF CREWS IN TRAIN AND YARD SERVICE.
IT IS HEREBY AGREED:
THE CONSIST OF ALL ROAD FREIGHT AND YARD CREWS,
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, SHALL BE N01
LESS THAN ONE CONDUCTOR (FOREMAN) AND TWO BRAKEMEN (HELPERS).
ARTICLE I - DEFINITIONS
Section 1. Standard Crew. A standard crew is a
crew consisting of not less than one conductor/foreman and
two brakemen/yard helpers.
Section 2. Reduced Crew. A reduced crew shall
consist of one conductor/foreman and one brakeman/yard
helper.
Section 3. Minimum Crew. A minimum crew shall
consist of not less than one conductor/foreman and one
brakeman/yard helper.
Q-l: Does the minimum crew consist in any way
affect single assignment such as switch-
tenders, skatemen, herders, pilots,
retarder operators, etc.
A-l: The minimum crew consist does not pertain
to single assignments.
Q-2: Does this Agreement change in any manner
agreement rules and practices pertaining
to the filling of conductor/foremen
vacancies?
A-2: No.
Section 4. Protected. For the purpose of this
Agreement, protected employes are all employes on road
freight train and/or yard service seniority rosters as of
August 1, 1984, and any employe in a dismissed (discharged),
terminated or suspended status as of August 1, 1984, who is
subsequently returned to service with seniority rights
unimpaired.
NOTE 1: Nothing in this Agreement shall be
construed, interpreted or applied so
as to change or modify the Crew
Consist Agreement dated March 1,
1968, as this agreement relates to
the protection of employes, reduc-
tion, and restoration of positions.
NOTE 2: When any of the crews involved in
the above named 1968 Agreement are
worked with a conductor/foreman and
one brakeman/yard helper they will
be paid the special allowance and
the Productivity Fund will be
credited.
Section 5. Non-Protected, A non-protected
employe is a train/yard service employe hired after the
effective date of this Agreement.
Section 6. Must-Fill. A must-fill position is a
brakeman/yardman position contractually required to be
filled by protected or non-protected brakeman/yard helper
under schedule rules or agreements and may not be blanked. .
Section 7. Blankable. A blankable position is a
second brakeman/yard helper position on a standard crew
which is filled by a protected employe and which, under
certain specified conditions, can be operated as a "reduced
crew" in the absence of a second brakeman/yard helper.
Section 8. Blanked. A blanked position is a
second brakeman/yard helper position that is not occupied by
any protected employe and a position that need not be filled
by a non-protected employe.
Section 9. Pure Attrition. Pure attrition is the
termination of an employe's employment relationship (senior-
ity) by reasons such as death, retirement, resignation or
acceptance of voluntary separation allowance.
Section 10. (a) Emergencies and Non-Emergencies.
The definition of "emergency" as set forth in Webster's New
World Dictionary, Second College Edition, copyright 1974,
is, as a general proposition, adopted:
"Emergency - a sudden, generally unexpected
occurrence or set of circumstances
demanding immediate action."
(b) Without attempting to set forth all or the
many circumstances and events that would and/or would not
constitute emergencies under the foregoing or any other
general definition, the following are some practical ex-
amples of each:
(1) EMERGENCIES
(i) A derailment or other accident neces-
sitating immediate action to protect
persons and/or property.
(ii) Immediate action to avert accidents and
obviate personal injuries and/or
property damage.
(iii) Fire, storm, flood and other circum-
stances beyond the control of the
Carrier that necessitate immediate
action to protect persons and/or
property.
(iv) In road service, when a radio becomes
inoperable after a train departs the
initial terminal.
(v) When a radio becomes inoperable on a
yard assignment but only for the length
of time it takes to get an operable
radio to the crew.
Q-l: What is understood to be a reasonable
length of time it takes to get an
operable radio to a yard crew?
A-l: As a general rule, one hour is considered
a reasonable length of time. However, it
is recognized there may be occasions in
smaller terminals when a greater length
of tine will be reasonable.
(2) NON-EMERGENCIES
(i) No operable radio available.
(ii) The need to perform work, minus a
condition such as those mentioned in
(1), above.
(iii) To clear a track for an inbound train, a
transfer cut or other cut of cars.
(iv) To commence weighing cars.
(v) To start humping a train or cut of cars.
Section 11. Where reference is made in this
agreement to Schedule Rules or existing Schedule Rules or
Agreements, it is understood this would be Road and/or Yard
Schedule Rules and Agreements in effect on this property.
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