ARTICLE V RESERVE BOARD
(1) The Carrier will establish Reserve Board(s) for trainmen who have worked continuously in train service on this territory (including those in training for train service) from February 15, 1991, until the effective date of this Agreement,
subject to the following:
NOTE 1: The Reserve Board will be available to an eligible trainman who is on a valid medical leave of absence and subsequently returned to service or who is discharged and is subsequently reinstated and returns to service, provided that the trainman was working on the territory immediately prior to the medical leave and/or discharge and returns to the territory immediately upon return to service.
NOTE 2: Trainmen holding seniority in the territory but not eligible under (1) may become eligible under Item (18)(c) of this Section. (2) A trainman on the Reserve Board will be paid whichever is the greater of the following two options:
(a) 70% of the basic yard helper's rate for five days per week; or,
(b) 70% of the trainman's earnings (only in train service) on the seniority district during the calendar year 1989 or 1990, whichever is greater, paid on a five day per week basis.
Q. Does a trainman on the Reserve Board receive less pay because payment is made on a five day per week basis?
A. No. The trainman will receive 70%.
NOTE 1; If a trainman initially elected to receive
70% of their earnings during either the 1989 or 1990 year and, through subsequent wage increases, the 70% of the basic yard helperfs •-.-, rate of pay becomes greater, the trainman will receive the greater of the two options and the trainman's method of compensation would be changed accordingly.
(e) No other payments will be made to or on behalf of
a trainman on the Reserve Board except for
payment of premiums under applicable health and
welfare plans. No deductions from pay will be
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made on behalf of a Reserve Trainman except for deductions of income, employment or payroll taxes (including railroad retirement taxes) pursuant to federal, state or local law, deductions of dues pursuant to an applicable union shop agreement and any other deductions authorized by agreement; and, any other legally required deduction. Trainmen assigned to the Reserve Board will be eligible for the Carrier's Tuition Aid Program. NOTE 2; It is understood that the phrase "no other payments will be made to or on behalf of a trainman on the reserve board...11 would not preclude a trainman on the Reserve Board from receiving payments on a pending penalty claim. Penalty claim payments due, if any, will be paid in addition to the earnings as a reserve trainman.
(d) (i) Section(2)(b) of this Article V provides that a trainman on a Reserve Board will receive "70% of the trainman's earnings on the seniority district includes both Territories 1 and 2 during the calendar year 1989 or 1990, whichever is greater.11
(ii) A trainman's W-2 Form for the appropriate year would be used to determine the earnings during that calendar year. Carrier records will be utilized for those trainmen who did not have all of their earnings on the seniority district involved. The 1988 Productivity Fund payments will be counted in 1988 even though the checks were delivered in 1989.
(iii) A trainman's lost time for union business will be included in computing the earnings. The Organization will furnish the Carrier the necessary information to determine time lost for union business.
(iv) The following formula will be used for qualified trainmen who were absent account full time union work, discharged and reinstated with pay for time lost and valid medical/health leave: A trainman's work history will be used to determine the test period earnings if a trainman worked three months or more during the year in question; if the trainman worked less than three months, the average test period earnings of the two trainmen immediately senior and the two trainmen immediately junior to the trainman working in the same service at the trainman's location will be used to determine the test period earnings. It is understood an absence due to personal business is not applicable for purposes of this paragraph.
(3) A trainman placed on the Reserve Board will remain in
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that status until:
(a) Discharged from employment by the Carrier in
accordance with the applicable discipline rules. Or , • . -
(b) Resigns from the Carrier's employment. Or
(e) Recalled to active service. Such recall will be
in reverse seniority order in accordance with
Section 6 of this Article V. Or
(d) Placed in a furlough status because of a
reduction of assignments. For example, if the number of assignments is reduced from 10 to 9, the trainmen whose assignment is reduced will have a free exercise of seniority. Seniority displacements shall continue until the junior trainmen are furloughed, and only if there are no vacant positions on the Reserve Board. Or
(e) Exercises seniority in accordance with Article XI of this Agreement. Any trainman so exercising seniority cannot return to the Reserve Board until the next "Sadie Hawkins Week11 as provided in Article XI unless the trainman is displaced or a vacancy occurs on the Reserve Board. Or
(f) Placed in engine service in accordance with
Article XIII, Section (4) of the October 31, 1985 National Agreement.
(4) (a) Trainmen on the Reserve Board must maintain their work proficiencies while in such status, including successfully completing any retraining or refresher programs required to maintain those proficiencies which may include the passing of any tests or examinations (including physical examinations) administered for purposes of determining whether such proficiencies have been maintained. In order to ensure that work proficiencies are properly maintained, each trainman on the Reserve Board will be required to exercise seniority to a regular or extra assignment (seniority permitting) and remain off the Reserve Board for six (6) continuous months in every thirty (30) month period beginning with the implementation date of this Agreement.
(b) It will be incumbent upon the trainman to use the provisions of the "Sadie Hawkins Week11 section of this Agreement or to make application for regular vacancies to accomplish this requirement. A trainman who has not met this requirement will have their Reserve Board pay terminated (at the end of 24 months) until they have completed this requirement unless prevented from doing so because of insufficient seniority.
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(5) A trainman on the Reserve Board who is to be unavailable for more than 72 hours must contact CMS and advise of their unavailability and on what date he/she is to return. The trainman must contact CMS upon his/her return. This period of unavailability cannot exceed 30 days but can be extended by contacting CMS. If a trainman is displaced during this period, he/she will have the time allowed by the applicable rule of the basic agreement from either the time notified by CMS or the date designated for the trainman's return.
NOTE: The intent of (Section 5), above, is to protect a trainman who is displaced while on the Reserve Board and is unavailable when attempts are made for notification.
(6) Trainmen on the Reserve Board must hold themselves available for return to service upon thirty (30) days1 notice (reserve pay shall continue for only seven (7) days) and must return to service in compliance with such thirty (30) days1 written notice sent by Certified mail.
Q: Should a trainmen elect to return to service prior to the seven (7) days of compensation will such employe be paid for those days in addition to service performed?
A: Yes.
Q: If recalled to a Guaranteed Extra Board, will these days of extra compensation be used to offset any guarantee due this employe?
A: No.
NOTE: Reserve Board pay is paid on a five day work week basis, (Monday-Friday). A trainman recalled on a Wednesday will continue to receive reserve board pay for the following Thursday, Friday, Monday, Tuesday and Wednesday.
(7) Failure to comply with any of these requirements will result in forfeiture of all seniority rights. Trainmen will be recalled from the Reserve Board to protect their zone only and will not be forced to other zones.
Q. In the application of Section (7), above, will trainmen entitled to a hearing under applicable schedule rules still be entitled to a hearing?
A. Yes.
NOTE 1: Trainmen on a Reserve Board are "in-service employees11 and hence are subject to the same physical examination and rules requirements as other in-service trainmen. The Company's requirement that trainmen who have been out of service for six (6) months or more must take physical and rule examinations does not
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apply to Reserve Board trainmen. Furthermore, trainmen to be examined while on reserve status will be notified by registered mail sent to their home address. With respect to the language "failure to comply with any of these requirements will result in forfeiture of all seniority rights11-- it is understood that it is the intent of the parties that reserve status trainmen will be treated the same as other trainmen in active service, i.e., Reserve Board trainmen must report for examinations but will not have their seniority rights terminated for a failure to pass, and failures to pass will be handled in the usual way. This is not intended to waive the requirements that Reserve Board trainmen must take and pass all required examinations. It is intended to ensure that Reserve Board trainmen will be treated the same as other active service trainmen.
NOTE 2: Trainmen hired subsequent to October 31, 1985 will continue to be governed by the promotion provisions and engine service provisions of Article XIII, Section 4 of the October 31, 1985 Agreement and will be subject to loss of all seniority rights as provided in that Article.
NOTE 3: With respect to prior right seniority dates when trainmen are placed on the Reserve Board or recalled off the Reserve Board, the date utilized will be the trainman's oldest seniority date.
(8) Other employment while on the Reserve Board is permissible so long as there is no conflict of interest. There will be no offset for outside earnings. It is agreed that trainmen assigned to Reserve Boards may make application for extra work. It is, however, strictly understood such trainmen will be utilized only when appropriate other steps in the calling procedures as agreed to by both parties have been'exhausted. If such trainmen are utilized, compensation received for such service will be in addition to their Reserve Board pay.
Q. For the purposes of Holiday pay, does time spent on the Reserve Board count as meeting the requirements of "qualifying days11 and does it contribute to the work requirements of "11 days out of the preceding 30 days11?
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A. No. Although the trainman is in service and under pay the trainman is not "working11 for the purposes of the Holiday Pay Agreements and interpretations thereof. However, if an A trainman is recalled from the Reserve Board and works the day before and the day after the holiday, the trainman will qualify for Holiday pay.
NOTE: Reserve Board trainmen will not have to accept calls for extra work. If they are contacted and refuse, their application for extra work will be cancelled and they will have to reapply, but no sooner than the first of the next quarter.
(9) Vacation pay received while on the Reserve Board will offset pay received under Section 2. Time spent in reserve status will not count toward determining whether the trainman is eligible for vacation in succeeding years. It will count in determining the length of vacation to which a trainman, otherwise eligible, is entitled.
Q. If a trainnman works part of the year, qualifies for a vacation and is on the Reserve Board for a part of the year, is Reserve Board pay included in the computation of the trainman's 1/52 for vacation purposes?
A. Yes.
Q. If a trainman qualifies for vacation but is on the Reserve Board when it comes time for their vacation, how will he/she be compensated?
A. The trainman will receive vacation pay as calculated under the vacation agreement. The trainman will not receive Reserve Board pay in addition to the vacation pay. He/she, however, will receive the greater of the two.
Q. Will trainmen on the Reserve Board be treated the same as working trainmen in the bidding for and assigning of vacation periods.
A. Yes.
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(10) Trainmen on the Reserve Board are not eligible for Holiday Pay, Bereavement Leave, Jury Pay and all other similar special allowances.
(11) As stipulated in Section 2(c), trainmen on the Reserve Board are covered by Health and Welfare Plans, Union Shop, Dues Check-Off, Discipline Rules and the Grievance Procedures that are applicable to trainmen in active service.
(12) (a) It is understood that furloughed trainmen who were hired prior to September 15, 1980, shall be eligible to place on the Reserve Board upon recall, seniority permitting.
(b) It is understood that trainmen hired after September 15, 1980, but prior to the effective date of this Agreement shall be eligible to place on the Reserve Board, if Reserve Board positions are available, prior to being furloughed. Such trainmen, however, will not be eligible to place on blankable second brakeman/yard helper positions.
Q. Does a trainman who was hired after the effective date of the 1980 Crew Consist Agreement and prior to the effective date of this Agreement have entitlement to place on the Reserve Board on his/her respective seniority district?
A. Yes, those trainmen have been granted rights under this Agreement to the extent that they may place on Reserve Boards, however only trainmen hired on or before September 15, 1980 haverightstoplace on blankable second Brakeman/Yard Helper positions.
Q. Does a protected trainman, as defined in the basic Crew Consist Agreement effective September 15, 1980, have the option to place on either the Reserve Board or the Second Brakeman position?
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A. Yes, seniority permitting.
(13) It is understood that a Reserve Board will not operate when all eligible trainmen (as defined in this Article V) on the
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appropriate Seniority Roster on the date of this Agreement are
j&
a regular job.
(14) Reserve Boards shall be established at the following locations:
^^
Nampa Pocatello
Salt Lake City Ogden
(15) The number of Reserve Board positions at each location shall be determined as follows:
(a) The total number of trainmen hired prior to the effective date of this agreement, holding regular or extra board positions on the effective date of this Agreement less the number of trainmen assigned to regular jobs and to Guaranteed Extra Boards at the location when the Agreement is implemented and less the number of trainmen working on the effective date of this agreement receiving a separation allowance pursuant to Article II of this Agreement; or,
(b) Ten percent (10%) of the total number of trainmen working as trainmen in the zone on the effective date of this Agreement, after deducting the number of trainmen receiving a separation allowance pursuant to Article II of this Agreement.
Q. For each buyout accepted under Article II of the Agreement, is the minimum number of Reserve Board positions reduced on a one-for-one basis?
A. Yes.
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(16) Should a trainman hired prior to the effective date of this Agreement become furloughed prior to the effective date of this Agreement, the following will apply:
One additional assignment in local, road switcher or yard service or one additional turn in pool freight service will generate one additional position pn the appropriate Reserve Board. If business decreases, the number of positions on the Reserve Board will again decrease proportionately back to the level established at the time of the implementation, or the level established in accordance with Article V, Section (15), but will not drop below that level.
(17) Reserve Board/blankable, brakemen/yard helper positions will not be occupied when trainmen hired after the effective date of this Agreement are working within a zone.
EXAMPLE: After the effective date of this agreement, all trainmen are recalled from the reserve board. Through continued growth it is necessary to hire 8 new trainmen. If later it becomes necessary to reduce forces, all 8 new hires must be furloughed or not working in the craft before anyone can occupy the reserve board.
Q. Does Section (17) of this Article V permit the Carrier to hire one or more new trainmen after the effective date of this Agreement and thereby eliminate the Reserve Board and a protected trainman's right to a blankable Brakeman/Yard Helper position?
A. '- No. The Carrier must utilize all blankable Brakeman/Yard Helpers and Reserve Board trainmen prior to hiring any additional trainmen. A trainman hired prior to the effective date of this Agreement could not thereafter occupy a Reserve Board or blankable Brakeman/Yard Helper position until all non-protected trainmen hired after this Agreement are furloughed.
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(18) (a) On the day of implementation, an eligible trainman as defined in Section 1 of this Article will acquire rights to the Reserve Board in the zone where he/she is working on that date. An eligible trainman cannot take a position on any other Reserve Board unless he/she is unable to hold a position on their initial Reserve Board or a job assignment on their home zone except as provided in item (b) below:
(b) A trainman eligible to hold a Reserve Board in one zone will become eligible to hold a Reserve Board position in another zone by working in the other zone for a period of twelve (12) continuous months. To activate the twelve continuous months, a trainman must notify the Organizations' Local Chairman in the zone, Labor Relations and CMS in writing of their service in the new zone for the purpose of qualifying to hold a Reserve Board. Upon becoming eligible in their new zone, it shall become the trainman's home zone and the trainmen shall lose their rights in their original home zone.
(e) Trainmen hired prior to the effective date of this Agreement and holding seniority in the territory and not eligible in Section 1 of Article V to hold a Reserve Board position shall become eligible to hold a Reserve Board position in a zone by working in that zone for a period of twelve (12) continuous months. To activate the twelve continuous months a trainman must notify the Organizations' Local Chairman in the zone, Labor Relations and CMS in writing of their service in the zone for the purpose of qualifying to hold a Reserve Board. Further, transfer between zones will be handled in accordance with Item B of this Section 18.
NOTE: The reference to a trainmen's requirement to notify
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applicable parties under Items (b) and (e) of this Section 18 only applies to their application to the trainmen's Reserve Board, and does not refer to the exercise of seniority rights under a normal bid or displacement move as provided in the basic agreement(s).