UNION PACIFIC RAILROAD COMPANY


February 16, 1999

Mr. A. Martin, III
General Chairman UTU
2933 SW Woodside Dr.
Topeka, Ks. 66614-4181

Dear Sir:

    This will confirm our discussions on February 2, 1999 and our previous meetings regarding work events by Conductor only crews en route under the Eastern District UTU December 19, 1991 Modified Crew Consist Agreement.

    On February 2, 1999 the parties meet in conference to review the list of activities considered to be work events or non-work events by a Conductor only crew as set forth in Carrier's previous letter dated June 6, 1996, File Number 380.25-10. The parties again reviewed each of the categorized items and agreed as follows.

    The first category of activities listed below are not considered as work events by a Conductor only crew under the 1991 Modified Crew Consist Agreement:

• Handling or coupling air hoses.

• Performing air tests.

• Yarding trains at initial or final terminal.

• Yarding trains at intermediate points provided the engine consist remains coupled to the train and train remains intact, unless the track is not of sufficient length to hold entire train and/or it is necessary to uncouple the train to cut road crossings and the crew is deadheaded to the final terminal.

• Crews deadheaded from the initial terminal and picking up trains at intermediate points provided the engine consist remains coupled to the train and train remains intact, unless the track is not of sufficient length to hold entire train and/or it is necessary to couple the train to cut in the road crossings.

• Handling or installing rear-end devices (EOT's).

• Hanging onto cars already in train during pick-ups or set-outs.

• Preparing reports.

• Utilization of on-board computer.

• Communicating (regardless of method) information to NCSC.

• Boarding and getting off trains.

• Movement back to train after performing a set-out or pick-up.

• Setting or removing handbrakes.

• Cutting in/out helper units.

• Necessary cutting of road crossings.

• Cutting or adding power (locomotives)

• Movement back to train following pick-up or set-out, regardless of whether movement involved hanging onto cars.

• Setting out a bad order car at anytime.

• All Road/Yard activities performed within initial or final terminal permissible under the applicable National Agreements.

• All activities described as incidental work pursuant to Article VIE, Section 3 of the 1985 UTU National Agreement and previous National Agreements.

    The second category of activities listed below, the Carrier considers as permissible en route work events that can be performed by a Conductor only crew. Whereas, it is the Organization's position such moves either require a Brakeman on the crew or the work performed is more than one event. However, in reviewing the disputed work events the parties agreed to resolve them through an arbitration panel. It was further agreed, without prejudice to either parties position, if a dispute arises regarding the interpretation of the work events listed below, the employee would not be disciplined or censured until such time a decision was rendered by an arbitration board.

• A straight pick-up coupled together, but not first out:
> Carrier's position - Two (2) work events one making pick up and the other setting cars that were ahead of pick-up back to track.
> Organization's position - A Brakeman is required.

• Necessary double over of tracks when picking up or setting out cars and the unit consist is not left with the pick up or set out:
> Carrier's Position - One (1) work event.
> Organization's position - Work event for each track used.

• Necessary doubling of a hill:
> Carrier's position-One (1) work event.
> Organization's position - Two (2) work events.   

    The third list of activities listed below both the Organization and the Carrier agree can be performed by a Conductor only crew en route:

• A straight pick-up, first out and coupled together, whether holding onto cars in train or not. (One (1) work event.)
• A straight set-out, whether holding on to cars in train or not. (One (1) work event.)
• Multiple pick-ups at one location (each pick-up is one work event.)
• Multiple set-outs, not together hi train, at one location (each set-out is a work event.)
• A set-out and a pick-up at one location (two work events.)

• Straight pick-up of cars but not coupled together, (each coupling is a work event.)

    In addition to the above, the parties discussed at length the repositioning of hazardous materials car(s) or any car that was located in an unsafe position in a train. It was agreed this work would not be considered a work event if a Conductor only crew was required to realign a car(s) en route provided it was a result of an unforeseen detection occurring en route which caused an unsafe train operation. However, it was also understood that if the work to be performed en route (pick-ups and set-outs) is known in advance, the train consist must be properly lined to operate out of the initial terminal to accommodate that work. Otherwise, if the necessary re-alignment is not performed at the initial terminal and is performed en route, a brakeman will be called.

    As discussed, the purpose of our conference was to review the list of activities set forth in Carrier's earlier letter dated June 6, 1996 to clarify the work which could be performed and to work towards resolutions identified above. In addition, this list is to give guidance to our Field Managers and your Organization's constituents so that all concerned can continue to provide safe and efficient train operations to our employees and customers.

Yours truly,

F.A. Tamisiea
Director - Labor Relations
Operating North