(Letter
7)
Mr. R. E. Carter
General Chairman, UTU-T
P. O. Box 1333
Pocatello, Idaho 83204
Mr.
D. L. Smith
General Chairman, UTU C&T
165 South West Temple
Arrowpress Square, Suite 110-6
Salt Lake City, Utah 84101
Dear
Gentlemen:
Your(sic) have consistently expressed
concern about how
Article X(2) will be applied. This section
addresses the
commitment that "no one will be furloughed as a result of the
implementation of this Agreement. "
In order that there is no misunderstanding as to the
Carrier's intentions, we have agreed to the following for
employees on the roster on implementation day:
(1)
No trainmen will be furloughed as a result of this
Agreement.
(2) Trainmen will be furloughed only
as a result of a
decline in business.
(3) Prior to furloughing any
trainmen, the Carrier will
notify the General Chairman advising of the number of
trainmen to be furloughed and the reasons why.
Trainmen may be furloughed following this notification.
(4)
Should the General Chairman reject the Carrier's
decision, the General Chairman may request expedited
arbitration.
(5)
The arbitration shall be governed by the following:
(a) The Carrier
pay the costs and expenses of the
arbitrator.
(b) The
arbitration shall be held within 20 days of
the General Chairman's request for
arbitration
and the arbitrator shall render a
decision within
20 days of the arbitration hearing.
(c) The Carrier
shall have the burden of proving the
furloughs
were the result of a decline in
business.
(d) Should the
arbitrator find the Carrier did not
meet its burden of proof, furloughed
trainmen
shall be entitled to lost wages.