UP/BLE
MERGER IMPLEMENTING AGREEMENT
PORTLAND
HUB -- ZONES 2 & 3
QUESTIONS
AND ANSWERS
Q1. Article 1 identifies the three zones for this Agreement. Do all the provisions of this Agreement apply to all three zones?
Al. No, while all three zones are mentioned in Article 1, this Agreement covers Zones 2 and 3.
Article II - SENIORITY INTEGRATION AND CONSOLIDATION
Q2. Are full time union officers, including full time state legislative board representatives, Company officers, medical leaves and those on leave working for government agencies covered under Article II, Section E?
A2. Yes.
Q3. If Article IX of the 1986 National Arbitration Award is amended in the future, what will govern when that Article is mentioned in this Agreement?
A3. As in all cases, amendments to agreements govern unless previous rules are specifically retained in a savings clause in the amendment provisions.
Q4. When this Agreement is implemented, which vacation agreement will apply?
A4. The vacation agreements used to schedule vacations for 2001 will be used for the remainder of 2001.
ARTICLE III - THROUGH FREIGHT POOL OPERATIONS
Q5. What will be the mileage paid in the through freight assignments established or identified in Article III?
A5. The mileage paid will, except for constructive mileages specifically retained by this Agreement, or as stipulated in the existing Idaho Agreement, be the actual mileage, subject to applicable rules governing payment of a basic day, between the origin and destination points of the runs/assignments.
Q6. Will existing pool freight terms and conditions apply on all pool freight runs?
A6. No. The terms and conditions set forth in the surviving collective bargaining agreements and this document, including Attachment "C", will govern.
Q7. How will board standing be ordered for through freight pools in Zone 2?
A7. Board standing for engineers on Zone 2 through freight pools will be governed by existing Idaho Agreement rules.
Q8. Employee A is listed on Attachment "A." Employee A is force assigned to a position as an engineer in Zone 3 east of Glenns Ferry, but does not submit an application for the pool at Nampa. Will Employee A lose the rights associated with being listed on Attachment "A" and have his/her name removed from Attachment “A?”
A8: Yes. In accordance with Article II, Section B, Paragraph 4, Employee A would have his or her name removed from Attachment A because he or she did not submit an application upon his/her assignment to the position outside the area for which Nampa is the source of supply.
ARTICLE IV - EXTRA BOARDS
Q9. May an extra engineer from the consolidated extra board perform hours-of-service relief in any direction out of Spokane?
A9. Yes.
Q10. If the consolidated extra board at Spokane is not immediately established, may an extra engineer called, for example, from the "north" extra board, perform hours-of-service relief in any direction out of Spokane - i.e., perform multiple hours-of-service relief on either side or both sides of Spokane?
A10. Yes, if qualified.
Q11. If, for example, a work train goes on duty at Hinkle, dumps ballast west of Hinkle to Boardman and then returns to Hinkle to tie-up. Which Zone shall supply the engineer for this job?
Al 1. Zone 2.
Q12. If, for example, a work train goes on duty at Arlington, dumps ballast to Boardman and ties-up at Hinkle. Will a Zone 1 or a Zone 2 engineer be used on this job?
A12. A Zone 1 engineer because the job goes on duty within the territory comprising Zone 1.
Q13. An eastbound (Portland - Hinkle) through freight crew ties-up under the Hours-of-Service Act east of The Dalles. Who should be used to provide the hours-of-service relief for this crew?
A13. An engineer from the nearest extra board - i.e., at The Dalles or at Hinkle., A Zone 1 interdivisional service through freight engineer at his away-from-home terminal, or a pool crew deadheaded in combination with service from Portland may be used with preference given to extra board engineers when they are available. Carrier will make a good faith call when determining the location where the crew tying up under the Hours-of-Service Act will be located.
Q14. How many extra boards will be combined at implementation?
A14. At the time this Agreement is signed, it is anticipated the extra boards at Hinkle will be combined.
Q15. Are the extra boards established pursuant to this Agreement guaranteed?
A15. Yes. The pay provisions and guarantee offsets and reductions will be in accordance with Idaho guaranteed extra board agreement.
(NOTE: NO ARTICLE V ...PDS)
ARTICLE VI - AGREEMENT COVERAGE
Q16. When the Idaho collective bargaining agreement becomes effective what happens to existing claims filed under the other collective bargaining agreements that formerly existed in Zones 2 of the Portland Hub?
A16. The existing claims shall continue to be handled in accordance with those agreements and the Railway Labor Act. No new claims shall be filed under those agreements once the time limit for filing claims has expired for events that took place prior to the implementation date of this Agreement.
Q17. Article VI (B) (1) refers to short turnaround service and hours-of-service relief being performed at home terminals by pool crews. Does this rule require that they be called before or after extra board crews are called?
A17. No. At the home terminal of the assignment, if the extra board is exhausted regular vacancy procedures apply.
Q18. Is Article VI (D) (1) a short turnaround rule?
A18. No, it is a through freight provision which enables an engineer to get his own train outside the terminal and run it through the terminal.
Q19. Do the references to Local Chairman refer only to BLE Local Chairmen?
A19. Yes.
Q20. Will Carrier provide copies of the Idaho Agreement as currently printed.
A20. Yes. In addition, the parties will meet and review the current printing and prepare a list of amendments to that CBA and reprint a new CBA and Carrier shall distribute the new reprinting. The parties recognize this review may not be completed prior to implementation of this Agreement, but will endeavor to provide such copies as expeditiously as possible.
Q21. Where does the 25-mile zone in Article VI (D) (1) start?
A21. From the applicable switching limits at the involved location.
Q22. If a crew in the 25 mile zone is delayed in bringing the train into the original terminal so that it does not have time to go on to the objective (destination) terminal, what will happen to the crew?
A22. Except in cases of emergency, the crew will be deadheaded (in combination with service) to the objective (destination) terminal.
Q23. Is it the intent of this agreement to use crews beyond the 25-mile zo * ne?
A23. No. The engineer would be operating off his or her assignment. ' -
Q24. In Article VI (D) (1), is the % basic day for operating in the 25-mile zone frozen and/or is it a duplicate payment/special allowance?
A24. No, it is subject to future wage adjustments and is not a duplicate payment/special allowance.
Q25. How is a crew paid if they operate in the 25-mile zone?
A25. If a pre-October 31, 1985 train/engine service seniority date employee is transported to its train 10 miles east of Nampa and he takes the train to LaGrande and the time spent is one hour east of Nampa and 10 hours 30 minutes between Nampa and LaGrande with no initial or final delay earned, the employee shall be paid as follows:
A. One-half basic day for the service east of Nampa because it is less than four hours spent in that service.
B. The applicable agreed-to road miles between Nampa and LaGrande.
C. Overtime based on the miles run between Nampa and LaGrande divided by 20 for the time up to the 10 hours and 30 minutes worked between those two points.
Q26. Would a post-October 31, 1985 train/engine service employee be paid the same?
A26. No. The National Disputes Committee has determined that post-October 31, 1985 train/engine service employees come under the overtime rules established under the National Agreements/Awards/Implementing Agreements that were effective after that date for both pre-existing runs and subsequently established runs. As such, the post October 31, 1985 engineer would not receive the overtime in C above but receive the payments in A & B.
Q27. How will initial terminal delay be determined when performing service as outlined above?
A27. Initial terminal delay for crews entitled to such payments will be governed by the applicable collective bargaining agreement and will not commence when the crew operates back through the on duty point. Operation back through the on duty point shall be considered as operating through an intermediate point.
Q28. Will the pool freight operation between Spokane and Hinkle be considered, for pay purposes, as an interdivisional service run?
A28. Yes.
ARTICLE VII - PROTECTION
Q29. What rights does an engineer have if he or she is already covered under labor protection provisions resulting from another transaction?
A29. Section 3 of New York Dock permits engineers to elect which labor protection they wish to be protected under. By agreement between the parties, if an engineer has three years remaining due to the previous implementation of Interdivisional Service the engineers may elect to remain under that protection for three years and then switch to the number of years remaining under New York Dock. It is important to remember that an engineer may not receive duplicate benefits, extend their protection period or count protection payments under another protection provision toward their test period average for this transaction.
Q30. How will reductions from protection be calculated?
A30. In an effort to minimize uncertainty concerning the amount of reductions and simplify this process, the parties have agreed to handle reductions from New York Dock protection as follows:
1. Pool freight assignments - 1/15 of the monthly test period average will be reduced for each voluntary absence of up to 48 hours or part thereof. Absences beyond 48 hours will result in another 1/15 reduction for each additional 48 hour period or part thereof.
2. Five day assignments - 1/22 of the monthly test period average will be reduced for each voluntary absence of up to 24 hours or part thereof. Absences beyond 24 hours will result in another 1/22 reduction for each additional 24-hour period or part thereof.
3. Six & seven day assignments - The same process as above except 1/26 for a six day assignment and 1/30 for a seven day assignment.
4. Extra board assignments - 1/30 of the monthly test period average will be reduced for each voluntary absence of up to 24 hours or part thereof. Absences beyond 24 hours will result in another 1/30 reduction for each additional 24-hour period or part thereof.
Q31. Why are there different dollar amounts for non-home owners and homeowners?
A3 1. New York Dock has two provisions covering relocating. One is Article 1, Section 9, Moving Expenses and the other is Section 12, Losses from Home Removal. The $10,000 is in lieu of New York Dock moving expenses and the remaining $20,000 is in lieu of loss on sale of home.
Q32. Why is there one price on loss on sale of home?
A32. It is an in lieu of amount. Engineers have an option of electing the in lieu of amount or claiming New York Dock benefits. Some people may not experience a loss on sale of home or want to go through the procedures to claim the loss under New York Dock.
Q33. What is loss on sale of home for less than fair value?
A33. This refers to the loss on the value of the home that results from the Carrier implementing this merger transaction. In many locations the impact of the merger may not affect the value of a home and in some locations the merger may affect the value of a home.
Q34. If the parties cannot agree on the loss of fair value what happens?
A34. New York Dock Article 1, Section 12(d) provides for a panel of real estate appraisers to determine the value before the merger announcement and the value after the merger transaction.
Q35. What happens if an engineer sells the home for $20,000 to a family member?
A35. That is not a bona fide sale and the engineer would not be entitled to either an in lieu of payment or a New York Dock payment for the difference below the fair value.
Q36. What is the most difficult part of New York Dock in the sale transaction?
A36. Determine the value of the home before the merger transaction. While this can be done through the use of professional appraisers, many people think their home is valued at a different amount.
Q37. Who is required to relocate and thus eligible for the allowance?
A37. A prior rights engineer who can no longer hold a position at his or her location and must relocate to hold a position as a result of the merger. This excludes engineers who are borrow outs or forced inside the Hub and released, common engineers and engineers who have to exercise seniority in their prior rights area due to a non-merger event.
Q38. At what point are engineers no longer entitled to relocation allowances?
A38. The Agreement provides for a two-year window for applying for relocation allowances.
Q39. When did the person need to be a homeowner to qualify as one for relocation purposes?
A39. New York Dock protects homeowners due to loss on sale of home that are caused by the merger. If a non-homeowner purchases a home subsequent to Carrier's service of notice on June 15, 2000, the employee would not be considered as a homeowner because and would not be affected by the merger because they were not a homeowner at that time.
Q40. Will engineers be allowed temporary lodging when relocating?
A40. Engineers entitled to relocation provisions shall be given temporary lodging for thirty (30) consecutive days as long as they are marked up.
Q41. When will reserve boards be established and under what conditions will they be governed?
A41. Depending on manpower needs there may be engineers on reserve boards on implementation day. The reserve boards will be effective on that day however agreement provisions requiring all vacancies to be filled and the displacement of engineers not entitled to reserve board positions must be complied with prior to the Carrier opening reserve board positions. The reserve board provisions of the controlling CBA will govern its operation.
Q42. What method will be used to determine the TPA for engineers covered by this Agreement and what period will be used for the TPA?
A42. TPA's will, except as specifically set forth in this Agreement, be calculated in accordance with the provisions of New York Dock. The period used for determining TPA's will be either (1) the (1 2) month period immediately preceding implementation of this Agreement; (2) calendar year 2000; (3) calendar year 1999; or (4) calendar year 1998. The test period used will be that period of the four aforementioned periods which creates the highest test period average.
Q43. How will union officers 'TPA's be established?
A43. The Carrier will average the earnings of the two engineers above and the two engineers below in like service usually performed by the union officer. If the resultant amount is greater than their regular TPA, it shall be used. In making the involved calculation(s), those engineers with unusually high or low TPA's will not be considered or used in such calculations.
Q44. If an engineer is displaced from his assignment and not immediately notified of the displacement, will their New York Dock protection be reduced?
A44. An engineer's reduction from New York Dock protection would commence with the notification or attempted notification by Carrier and would continue until the engineer placed himself or herself.
Q45. An engineer who holds seniority on Portland Hub Zone 1 and is assigned to a position at Hinkle pursuant to Article 1, Section B, Paragraphs 5.a. and 5.b. of the August 13, 1998 Merger Implementing Agreement elects, when canvassed, to go back to Portland Hub Zone 1 and not remain in Zone 2. Will he or she be entitled to the relocation benefits set forth in New York Dock and/or this Agreement?
A45. Yes, provided he or she was not paid a relocation allowance or other such benefits in conjunction with implementation of the Portland Hub Zone 1 Merger Implementing Agreement.