ITEM 92(a-7)

March 27,1975

Mr. J. H. Kenny
Director of Labor Relations
Union Pacific Railroad Company
1416 Dodge Street Omaha, Nebraska 68179

Dear Sir:

Subject: Application of Dual Rights Agreement

In connection with the subject matter, at present we have the following understanding regarding an employe discharged and subsequently reinstated:

"In the application-of the Dual Rights Agreement, a man who is discharged and subsequently reinstated will return to the service from which discharged, and if it is then his desire to transfer to the opposite service, such transfer will be made upon receipt of proper application, in accordance with Section 5(a) of the Dual Rights Agreement." (See your letter dated December 4, 1969).

It is our opinion that we should have a uniform understanding to cover both an employe discharged and subsequently reinstated to service and an employe returning from leave of absence, as follows:

"In the application of the Dual Rights Agreement to an employe discharged and subsequently reinstated and/or returning from leave of absence, he will return to the service from which discharged or from which he departed on leave of absence. However, if such employe, prior to being discharged and/or going on leave of absence, had made proper application to transfer to the opposite service in accordance with Section 5(a) of the Dual Rights Agreement, he will be given the opportunity to exercise such right when he returns to service provided such right would have been available to the employe had he been in service. It is understood the first service an employe performs will be considered as his choice of service and can thereafter change service only in accordance with Section 5(a) of the Dual Rights Agreement."

Please advise if you concur with this understanding.

Yours truly,

/s/

R. B. Murdock General Chairman, UTU(C)&(T)

E-013-23-74-DR

August 14, 1975

R. B. Murdock, General Chairman
United Transportation Union (C)&(T)
Omaha, Nebraska

Dear Sir:

This has reference to your letter of March 27, 1975 concerning an understanding in connection with the application of the dual rights agreement concerning employes dismissed and subsequently reinstated to service and any employe returning from leave of absence.

We have no objection to this understanding and will so notify the superintendents.

Yours truly,

/s/ J. H. Kenny

(A-92a-7-2)