A G R E E M E N T
Between
UNION PACIFIC RAILROAD COMPANY
and the
UNITED TRANSPORTATION UNION (C&T)
Effective February 1, 1992, it is agreed the basic
Crew Consist Agreement between the parties dated June 29, 1984, is amended as
follows :
ARTICLE I
BASIC CREW CONSIST
1. The
basic crew consist for all crews operated on the Union Pacific Eastern District
will be one (1) conductor/foreman and one (1) brakeman/helper, except as
provided herein.
2. There
will be no car count or train length limitations in the operation of crews with
one (1) conductor/foreman and one (1) brakeman/helper.
3. The
Carrier will be permitted to operate conductor‑only assignments in
through pool freight service when such service operates under the following
conditions:
(a)
There shall be no train
length or car count restrictions on such service.
(b)
Trains shall be
restricted to no more than three work
events
enroute.
(i)
A work event is
considered to be a straight
pick‑up
or set‑out.
(ii)
Picking up, setting out,
or exchanging one or
more
locomotives and setting out a bad order
car
shall not he considered an event.
(iii)
Work performed in the
initial and/or final
terminals will be governed by applicable
rules.
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NOTE 1:
Each type of move, pick up or set out will be considered as separate work
events for the purpose of applica-tions of this Agreement. Thus a pick up and a
set out at an intermediate point will count as two work events. Hanging onto
cars already in the train in order to make a pick up or set out is permissible
under this agreement.
Pick up or set out as referred to above means straight
pick up of a car or cars coupled together and first out that go together in one
place in the train; set out means straight set out of a car or cars coupled
together in the train that are set out in one movement. This note applies only
to Conductor/Foreman operations and does not restrict crews with
brakemen/helpers.
NOTE 2: Crews transported or deadheaded from their initial
terminal to a point enroute to pick up a train shall not be considered as
having performed a work event, if the train is received with locomotives
attached and no picking up or setting out is required other than doubling the
train, if the track where the train was yarded was not of sufficient length to
hold the entire train, and the coupling of a train, if it had been necessary to
cut road crossings.
Crews who set out a train enroute and are deadheaded
or transported to the final terminal shall not be considered as having
performed a work event enroute if the locomotives remain attached to the train
and no other work is performed other than doubling the train over to another
track if the track on which the train is yarded is not of sufficient length to
hold the entire train and the cutting of crossings if necessary.
The intent of this language is not to expand upon the
work that a crew can perform enroute.
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NOTE 3: These provisions are not intended to supplant yard
engines, locals, zone locals or work trains, nor is it intended that conductor‑only
assignments will do general switching. No Carrier supervisor official
(including yardmasters), or non‑craft employee will be used to supplant
or substitute in the exclusive work of any train or yard crew working Under UTU
Agreements.
4. Employes
will not be required to perform any service with less than the required train
crew consist specified in this Agreement nor will they be censured or
disciplined in any manner or be required to lose time for refusal to do so.
Q‑1: Do the provisions of this Section apply to
pick‑ups
and/or set‑outs
made enroute which would result in exceeding the agreed‑to work event
limitations?
A‑1 : Yes
5. (a)
Conductor pools shall protect applicable pool freight service. When a
brakeman is needed for pool freight service, the vacancy will be filled from
the protecting extra board or brakeman pool if established. Brakemen used in
pool freight service shall be independent from the Conductor and shall make the
return trip only when called by the Carrier. A brakeman working to the away‑from‑home
terminal shall not be worked back to the home terminal as a conductor except
under conditions where a conductor at the away‑from‑home terminal
has become unable to make his/her return trip, in which event the brakeman may
fill the vacancy on an "emergency service" basis if promoted.
(b) The parties agree to meet after 90 days but
before 120
days to
evaluate the number of extra brakemen that are
used on a
monthly basis in pool service. If the number
indicates
that there is sufficient work to provide for a
separate
brakeman pool equal to 20% of the Conductor
pool, on a
pool by pool basis, such a pool shall be
established if requested by the General Chairman. If a
pool, once established, falls below the
20% figure, the
pool may
be discontinued.
(c)
The brakeman pool board
established under the provisions
of Section
5(b) above will receive the same benefits as
the
guaranteed road extra board established under
Article II,
Section 1(a) except when an employe lays
off no matter what
their standing, they shall lose the
earnings of the
employe who took their assignment and
shall not be permitted
to mark up until their turn
returns to the home
terminal. If the employe marks up
prior to his turn
being called, he shall be marked up
in his regular spot
and not have an offset.
(d)
Brakemen held at the
away‑from‑home terminal shall
receive
contiguous "held away from home" terminal time
after
being held 16 hours No more than eight (8) hours
of HAFHT
pay may be offset from an extra board guarantee
during any
one stay at the away‑from‑home terminal.
Brakemen
will be deadheaded to their home terminal on
first
available transportation after 24 fours at the
away‑from‑home
terminal.
6. All hours of service relief shall be operated
conductor only subject to the conditions of Article I, Section 7. Conductor‑only
assignments worked Under this Section 6 shall be subject to the same three work
events stated in Article I, Section 3(b). The number of work events will not be
reduced due to the crew being relieved performing work events during their tour
of duty.
7. It is understood crews may be operated with a
larger crew than provided for in this Agreement should the Carrier deem it
necessary.
8. The Carrier may
establish single yard helper assignments within switching limits to assist yard
and/or road assignments in the performance of their duties Under applicable
yard schedule rules and subject to the following:
(a)
The assignment may only
assist road crew assignments
within
terminal limits.
(b)
The assignment may
assist yard assignments within
road/yard
zones established under National Agreement.
(c)
The assignment may work
with more than one crew during a
tour of
duty.
(d)
The assignment will be
known as a yard position and will
be paid
the yard foreman's rate.