Item – D

UNION SHOP -

BofRT

AGREEMENT

between the

UNION PACIFIC RAILROAD COMPANY
EASTERN DISTRICT

and
BROTHERHOOD OP RAILROAD TRAINMEN

THIS AGREEMENT is entered into by and between the
Union Pacific Railroad Company. Eastern District, (hereinafter
referred to as the "Carrier") and its employes of the crafts or
classes represented by the Brotherhood of Railroad Trainmen
(hereinafter referred to as the "Brotherhood")-

IT IS HEREBY AGREED:

1. Subject to the terms and conditions hereinafter set forth, all
employes of the Carrier now or hereafter subject to the rules and
working conditions agreement between the parties hereto shall, as
a condition of their continued employment subject to such agree-
ment, become members of the Brotherhood party to this agree-
ment representing their crafts or classes within sixty (60) calendar
days of the date they first perform compensated services as such
employees after the effective date of this agreement, and thereafter
shall maintain membership in good standing in such Brotherhood
while subject to the rules and working conditions agreement be-
tween the parties; provided, however, the foregoing requirement
for membership in the Brotherhood shall not be applicable to:

(a) Employes to whom membership is not available upon the
same terms and conditions as are generally applicable to any
other member, or

(b) Employes to whom membership has been denied or
terminated for any reason other than the failure of the employe
to tender the periodic dues, initiation fees, application fee and
assessments (not including fines and penalties) uniformly re-
quired as a condition of acquiring and retaining membership in
the Brotherhood within the periods provided in Sections 1, 2
and 3 of this agreement, or

(c) Employes covered by the rules and working conditions
agreement between the parties, who maintain membership in
any one of the other labor organizations, national in scope
organized in accordance with the Railway Labor Act and admit-
ting to membership employes of a craft or class in engine,
train, yard or hostling service: provided, that nothing contained
in this agreement snail prevent an employe from changing
membership from one organization to another organization ad-
mitting to membership employes of a craft or class in any of
said services,

2. Employes who retain seniority tinder the rules and working
conditions agreement, between the parties hereto, governing their
classes or crafts and who are assigned or transferred for a period
of thirty (30) calendar days or more to employment not covered
by such agreement, or who are on leave of absence for a period
of thirty (30) calendar days or more, will not be required to
maintain membership as provided in Section 1 of this agreement
so long as they remain in such other employment, or on such
leave of absence, but they may do so at their option, If and when

such employes return to any service covered by the said
rules and working conditions agreement, they shall, as a condition
of their continued employment subject to such agreement, comply
with the provisions of Section 1 of this agreement within thirty
(30) calendar days of such return to service.

3. An employe whose membership in the Brotherhood is termi-
nated while on furlough due to reduction in force, or while off

duty on account of sickness or injury for a period of thirty (30)
calendar days or more, and who is required to maintain member-
ship under the provisions of Section I of this agreement, shall be
granted upon his return to service in any of the crafts or classes
represented by the Brotherhood a period of thirty (30) calendar
days within which to become a member of the Brotherhood.

4. Every employe required by the provisions of this agreement
to become and remain a member of a labor organization shall be
considered by the Carrier to be either a member of the Brother-
hood as provided for herein or to be a member of any one of the
other labor organizations referred to in Section 1 hereof, unless
the Carrier is advised to the contrary in writing by the Brother-
hood. The Brotherhood shall be responsible for initiating action
to enforce the terms of this agreement.

5. (a) The General Chairman of the Brotherhood will, between
the fifteenth day and the last day of any calendar month, furnish
to the Superintendent of the Division involved, in writing and
in duplicate, the name and roster number of each employee whose
seniority and employment the Brotherhood requests be terminated
by reason of failure to comply with the membership requirements
of this agreement.

(b) Within five (5) days from date of receipt of notification
from the General Chairman, as provided in paragraph (a), the
Superintendent shall notify the employe of the General Chairman's
action and transmit to him at his last known address through
registered or certified United States mail with return receipt re-
quested, the original of the General Chairman's notice. At the
time of the Superintendent's notification and transmittal lie shall
request the employe to report to him or his designated repre-
sentative within ten (10) days from the date of Superintendent's
notice to present evidence to show that the employe has not
failed to comply with the membership requirements of this agree-
ment.

In the event the employe appears before the Superintendent or
his designated representative within ten (10) days from the date
of the Superintendent's notice and presents evidence that he has
complied with the membership requirements of this agreement, the
Superintendent shall within ten (10) days of such appearance
notify the General Chairman of the evidence submitted by the
employe. In the event the General Chairman considers such evi-
dence sufficient he shall within ten (10) days from receipt of the
Superintendent's advice notify the Superintendent that the action
against the employe is withdrawn and closed.

(e) In the event the employe fails to appear before the Superin-
tendent or his designated representative or appears but fails to
submit evidence that he has complied with the membership re-
auirecects of this agreement, as provided in paragraph (b) of this
Section 5, the Superintendent shall within twenty (20) days from
the date the Superintendent transmitted the original copy of the
General Chairman's notice to the employee notify the employee
through registered or certified United States mail with return re-
ceipt requested, that he has failed to comply with the membership
requirements of this agreement and the employe's seniority and
employment in the crafts or classes represented by the Brother-
hood shall, therefore, be terminated within ten (10) days unless &
proceeding under the provisions of Section 7 of this agreement is
instituted.

It is further agreed that in computing the period of time prescribed

or allowed by Sections S and 7 of the Union Shop Agree-
ment the day of the act or event alter which the designated period
of time begins to run is not to be included. The last day of the
period so computed is to be included, unless it is a Saturday,
Sunday or a legal holiday recognized as such by the Carrier. (New
Year's Day, Washington's Birthday, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Christmas Day) in which
event the period runs until the end of the next day which is
neither a Saturday, a Sunday, nor such a holiday.

6. The provisions of the rules and working conditions agree-
ment between the parties pertaining to investigations, trials and
appeals, are inapplicable to the termination of seniority and em-
ployment provided for in this agreement.

7. (a) For the sole purpose of handling and disposing of dis-
putes arising under this agreement, a Board of Adjustment for
the territory covered by this agreement is hereby established, in
accordance with Section 3, Second, of the Railway Labor Act, as
amended, which shall consist of four members, two to be appointed by the Carrier and two by the Brotherhood,

(b) An employe notified in accordance with the provisions of
Section 5 hereof that he has failed to comply with the membership
requirements of this agreement and who wishes to dispute the
fact of such failure shall, if he submits request to the Secretary
of the Board of Adjustment within a period of ten (10) calendar
days from the date of such notice, be given a hearing. The Secre-
tary of the Board will notify the employe in writing the time and
place at which such, hearing will be held. The hearing shall be
confined exclusively to the question of the employe's compliance
with the provisions of this agreement. The employe will be re-
quired at this hearin|r to furnish substantial proof of his com-
pliance with the provisions of this agreement.

(c) Receipt by the Secretary of the Board of notice from an
employe that he wishes to dispute the charge that he has failed
to comply with the membership requirements of this agreement
shall operate to stay action on the termination of his seniority
and employment pending final decision and for a period of ten
(10) calendar days thereafter.

(d) The decision of the Board of Adjustment shall be by ma-
jority vote and shall be final and binding.

(e) In the event the Board of Adjustment is unable to reach
a decision, the matter will be submitted to a neutral arbitrator
to be selected by the National Mediation Beard, whose decision
as to whether or not the employe has complied with the provi-
sions of this agreement shall be final and binding.

(f) The fee and expenses of the neutral arbitrator, which shall
be limited to the amount regularly established by the National
Mediation Beard for such service, shall be borne equally by the
Carrier and the Brotherhood.

8. Neither this agreement nor any provision contained herein
shall be used as a basis for a grievance or time or money claim
against the Carrier, nor shall any provision of any other agree-
ment between the parties hereto be relied upon in support of any
claim that may arise as the result of the operation of this agree-
ment.

9. In the event that seniority and employment under the rules
and working conditions agreement are terminated by the Carrier
tinder the provisions of this agreement, and such termination of
seniority and employment is subsequently determined to be im-
proper, unlawful, or unenforceable, the Organization shall in-
demnify and save harmless the Carrier against any and all liability
arising as the result of such improper, unlawful, or unenforceable
termination of seniority and employment; provided, however, that
this section shall not apply to any case in which the Carrier involved

is the plantiff or the moving party in the action in which
the aforesaid determination is made or in which case such Carrier
acts in collusion with any employe; provided further, that the
aforementioned liability shall not extend to the expense to the
Carrier in defending suits by employes whose seniority and em-
ployment are terminated by the Carrier under the provisions of
this agreement

10. An employe whose employment it terminated as a result of
non-compliance with the provisions of this agreement shall be re-
garded as having terminated his employe relationship for vacation

purposes.

11. This agreement is in full, final and complete settlement of
the dispute growing out of the request contained in the notice
served on the Union Pacific Railroad Company, Eastern District,
dated April 19, 1951, and subsequent requests terminating with
the request of February 25, 1957 by the Brotherhood of Railroad
Trainmen. This agreement shall become effective May 1, 1957
and shall remain in effect until revised or cancelled in accordance
with the procedure prescribed by the Railway Labor Act, as
amended.

Dated at Omaha, Nebraska this 14th day of March, 1957.

FOR UNION PACIFIC RAILROAD COMPANY:

J. T. SINGENT
Asst. to Vice President

FOR THE EMPLOYES:

J. H. SHEPHERD
General Chairman. BofRT