A G R E E M E N T Between UNION PACIFIC RAILROAD COMPANY and the UNITED TRANSPORTATION UNION

A G R E E M E N T
Between
UNION PACIFIC RAILROAD COMPANY
and the
UNITED TRANSPORTATION UNION (C&T)

Effective February 1, 1992, it is agreed the basic Crew Consist Agreement between the parties dated June 29, 1984, is amended as follows :

ARTICLE I
BASIC CREW CONSIST

1. The basic crew consist for all crews operated on the Union Pacific Eastern District will be one (1) conductor/foreman and one (1) brakeman/helper, except as provided herein.

2. There will be no car count or train length limitations in the operation of crews with one (1) conductor/foreman and one (1) brakeman/helper.

3. The Carrier will be permitted to operate conductor-only assignments in through pool freight service when such service operates under the following conditions:

(a) There shall be no train length or car count restrictions on such service.

(b) Trains shall be restricted to no more than three work events enroute.

(i) A work event is considered to be a straight pick-up or set-out.

(ii) Picking up, setting out, or exchanging one or more locomotives and setting out a bad order car shall not he considered an event.

(iii) Work performed in the initial and/or final terminals will be governed by applicable
rules.

NOTE 1: Each type of move, pick up or set out will be considered as separate work events for the purpose of applications of this Agreement. Thus a pick up and a set out at an intermediate point will count as two work events. Hanging onto cars already in the train in order to make a pick up or set out is permissible under this agreement.

Pick up or set out as referred to above means straight pick up of a car or cars coupled together and first out that go together in one place in the train; set out means straight set out of a car or cars coupled together in the train that are set out in one movement. This note applies only to Conductor/Foreman operations and does not restrict crews with brakemen/helpers.

NOTE 2: Crews transported or deadheaded from their initial terminal to a point enroute to pick up a train shall not be considered as having performed a work event, if the train is received with locomotives attached and no picking up or setting out is required other than doubling the train, if the track where the train was yarded was not of sufficient length to hold the entire train, and the coupling of a train, if it had been necessary to cut road crossings.

Crews who set out a train enroute and are deadheaded or transported to the final terminal shall not be considered as having performed a work event enroute if the locomotives remain attached to the train and no other work is performed other than doubling the train over to another track if the track on which the train is yarded is not of sufficient length to hold the entire train and the cutting of crossings if necessary.

The intent of this language is not to expand upon the work that a crew can perform enroute.

NOTE 3: These provisions are not intended to supplant yard engines, locals, zone locals or work trains, nor is it intended that conductor-only assignments will do general switching. No Carrier supervisor official (including yardmasters), or non-craft employee will be used to supplant or substitute in the exclusive work of any train or yard crew working Under UTU Agreements.

4. Employes will not be required to perform any service with less than the required train crew consist specified in this Agreement nor will they be censured or disciplined in any manner or be required to lose time for refusal to do so.

Q-1: Do the provisions of this Section apply to pick-ups and/or set-outs made enroute which would result in exceeding the agreed-to work event limitations.
A-1 : Yes

5. (a) Conductor pools shall protect applicable pool freight service. When a brakeman is needed for pool freight service, the vacancy will be filled from the protecting extra board or brakeman pool if established. Brakemen used in pool freight service shall be independent from the Conductor and shall make the return trip only when called by the Carrier. A brakeman working to the away-from-home terminal shall not be worked back to the home terminal as a conductor except under conditions where a conductor at the away-from-home terminal has become unable to make his/her return trip, in which event the brakeman may fill the vacancy on an "emergency service" basis if promoted.

(b) The parties agree to meet after 90 days but before 120 days to evaluate the number of extra brakemen that are used on a monthly basis in pool service. If the number indicates that there is sufficient work to provide for a separate brakeman pool equal to 20% of the Conductor pool, on a pool by pool basis, such a pool shall be established if requested by the General Chairman. If a pool, once established, falls below the 20% figure, the pool may be discontinued.

(c) The brakeman pool board established under the provisions of Section 5(b) above will receive the same benefits as the guaranteed road extra board established under Article II, Section 1(a) except when an employe lays off no matter what their standing, they shall lose the earnings of the employe who took their assignment and shall not be permitted to mark up until their turn returns to the home terminal. If the employe marks up prior to his turn being called, he shall be marked up in his regular spot and not have an offset.

(d) Brakemen held at the away-from-home terminal shall receive contiguous "held away from home" terminal time after being held 16 hours No more than eight (8) hours of HAFHT pay may be offset from an extra board guarantee during any one stay at the away-from-home terminal.
Brakemen will be deadheaded to their home terminal on first available transportation after 24 fours at the away-from-home terminal.

6. All hours of service relief shall be operated conductor only subject to the conditions of Article I, Section 7. Conductor-only assignments worked Under this Section 6 shall be subject to the same three work events stated in Article I, Section 3(b). The number of work events will not be reduced due to the crew being relieved performing work events during their tour of duty.

7. It is understood crews may be operated with a larger crew than provided for in this Agreement should the Carrier deem it necessary.

8. The Carrier may establish single yard helper assignments within switching limits to assist yard and/or road assignments in the performance of their duties Under applicable yard schedule rules and subject to the following:

(a) The assignment may only assist road crew assignments within terminal limits.

(b) The assignment may assist yard assignments within road/yard zones established under National Agreement.

(d) The assignment will be known as a yard position and will be paid the yard foreman's rate.