LOCAL 446

HANDBOOK

FEATURING

Contract and Pay Information
Benefits and Healthcare
Governmental Matters

Compiled by

John G. Schmechel
Lodge Secretary

ATTEND YOUR UNION MEETINGS

I.B.E.W HALL, 810 Fremont Av
(enter through east door)

2nd TUE at 7:00 PM
4th TUE at 1:00 PM

This publication courtesy of
John J. Rossi, UTU Designated Legal Counsel
and
David B. Kiker (Retired), UTU Designated Legal Counsel
And the Law Firm of

Rossi, Cox, Kiker & Inderwish

800-325-4014

On the web at http://www.rcki.com

The 2002 National Contract between the UTU and the nation’s carriers, including Union Pacific, devised a pay simplification system, which is known as "TRIP RATES." These trip rates are being implemented on various runs, which are manned by UTU members, including those of us in Local 446. Some have been implemented already, while others will be implemented before the March 1, 2005 deadline.

These trip rates are simply an average of what each run paid, on a per trip basis, to protected employees during a test period of one year. The trip rates were derived using items referred to as "National Pay Elements" which were included in the calculations. Pre-85 employees benefit from trip rates by having the deadheads paid the same as working trips. While any particular trip could possibly have been paid better under the old system, when one considers the additional pay received from deadheading, this more than offsets over a period of time the so-called loss when compared the old system of pay. Post-85 employees benefit from trip rates in that the items previously not payable to them are now included in the averaged amount so that the post-85 employees are paid essentially the same as pre-85 employees. (There are but three exceptions, overtime commencement, the short crew allowance and the service scale, or entry percentage level).

For the most part, trip rates are being implemented for the jobs that have a regular basis to them, such as the interdivisional pool freight runs to North Platte, Rawlins, Green River and South Morrill. However there are still plenty of jobs utilized by the carrier that an average simply would not be a fair method of compensation. An example is the Laramie Turnaround, taking cars to some outlying point for storage, work trains, zone and non-zone dogcatch, etc.

After March 1, 2005, post-85 employees manning these irregular assignments will be able to be paid the same as a pre-85 employee. And for that reason, the material in the July 2001 edition of the Local 446 Handbook is reprinted in the following pages (and updated as necessary) so that the new generation of railroad employees is kept abreast of how to make claims for what they do.

Please keep in mind that the implementation process for trip rates is not without some speed bumps along the way. Your union, the UTU, and your employer, UPRR, have some differing opinions as to how some portions of the 2002 National Agreement are to be properly applied. You may rest assured that the UTU is doing its level best to get the issues resolved in our favor. Many of the unresolved issues have to be arbitrated by neutral parties; this takes time. UPRR has committed to the General Chairman that any issue rendered in our favor will be paid as back pay.

Computing the pay for the elements that go into the various trip rates has been a process undertaken by our general committee, which will continue for some time. The amount of pay you see on your recap is a negotiated amount, which will not be re-printed here.

One must remember that road employees are paid for all non-trip rate runs both by the mile and by time. It is important to keep mileage payments separate from time payments. There is an old adage, "miles are miles and time is time". The advent of electronic trip reports maintains this separation. Only actual run should be shown in the "miles run field" (last item on the second screen of the tie-up process). Penalties expressed as miles can also be shown as miles, but they should be claimed only in the remarks section if not provided a special place on the electronic timeslip. Time payments should be shown in the appropriate fields or in the remarks section. Penalties that are expressed as time in the agreements should be claimed as time in the remarks section. Do NOT convert time payments to miles when making claims on electronic timeslips!

The only interdivisional runs manned by Local 446 members are Cheyenne to North Platte, South Morrill to North Platte, Cheyenne to Rawlins, and Cheyenne to Green River. Additionally the runs Cheyenne to Hanna for coal service and Denver to Rawlins are considered "ID" even though no crews are presently assigned (but made-up crews are entitled to ID benefits when used accordingly). Return trips of these runs are also ID runs. All other runs are considered "Non-ID". The miles set forth on these runs are previously agreed to by negotiation and are less than what is shown in the UPRR timetable.

Miles doubled (or even tripled) are usually added to the miles run. (Also known as "lapback"). This would be applicable to runs with trip rates, also, but you would have to explain your claim via =PE. An example of doubling (or tripling) would be too much tonnage to get to the top of a hill, so you cut the train in 2 or 3 pieces. A side trip on a branch line to pick up or set out would be a double, as would backing up to set out a bad order. Leaving one’s train at Laramie, running light to Granite to make a pickup and returning to the train would also be a double. An exception to this is found on page 20 under the Guthrie Award, which is a time payment.

To compute pay on a 255 mile freight run 115 cars (Non-ID) for a conductor:

paid at overtime rate unless ITD + FTD is

The various classes of road service are freight (also known as through freight), converted local (both can be either interdivisional or non-interdivisional), assigned local, zone local, and work train. The similarities and differences are explained thusly:

Index
ASSIGNED LOCAL: (Rule 50 UTU Schedule)

Index
CONVERTED LOCAL: (Rule 50 UTU Schedule)

Index
ZONE LOCAL: (Rule 58 UTU Schedule)

Regularly assigned crew of conductor and brakeman (standard crew) with starting time (cannot be a conductor-only operation!)

Pay (at arbitrary rate until actually on duty) commences at bulletined starting time unless notified of late start before close of previous shift, then pay can only be set back to call time (up to 2 hours maximum); if call time more than 2 hours late, then pay commences at the bulletined starting time regardless

100 mile basic day

If run more than 100 miles, overmiles to be paid at mileage rate

No automatic release rule - can make additional departures within first 8 hours without additional pay or fund plug

Each departure after 8'00" on duty paid as new day - measured from switching limits (but no new fund plug)

Overtime after 8'00" on duty until tie-up or departure regardless of miles run within zone (which can exceed 100 miles, unlike Rule 31 jobs)

100 miles payable for service performed in advance of bulletined starting time (arbitrary rate); new day commences at bulletined starting time with overtime 8 hours thereafter

No initial or final terminal delay or car bracket payments

Earns holiday pay if regularly assigned crewman works the shift before and after the holiday (and all time at overtime rate in addition to holiday pay if works on the holiday); no personal leave for regularly assigned crew members

If job laid in other than holiday, crew paid basic day if crewman works shift before and shift after the lay-in day

5 Day Zone Local earns higher rate than 6 or 7 Day Zone Local

Tie-up only at the terminal

A minimum of 8 hours additional payment if run beyond 50 mile limit of zone without affecting overtime

Confined to run within 50 miles of terminal switching limits; limits for UTU Local 446:

Cheyenne (east) is MP 457.27 on Sidney Sub or MP 224.06 on Yoder Sub

Cheyenne (west) is MP 561.81 or MP B561.81 via Wycon

Cheyenne (west) is MP 552.28 or MP B552.28 via Harriman

Cheyenne (west) is MP 557.74 or MP B557.74 via Speer-Borie

Laramie (east) is MP 514.82 via Forelle and Wycon

Laramie (east) is MP C524.35 via Forelle and Harriman

Laramie (east) is MP C518.89 via Forelle, Borie and Speer

Laramie (east) is MP 513.59 via Red Buttes and Wycon

Laramie (east) is MP C523.12 via Red Buttes and Harriman

Laramie (east) is MP C517.66 via Red Buttes, Borie and Speer

Laramie (west) is MP 620.43

Rawlins (east) is MP 626.50

Made-up crew (wild crew) cannot work under Rule 58 per PLB 5680 Awd 2; even if notified by CMS of same; would start a new day for any subsequent departure from terminal regardless of before or after 8’00"

Index
WORK TRAIN: (Rule 62 UTU Schedule)

Whether assigned or un-assigned, must have conductor and one brakeman (standard crew) (cannot be a conductor-only operation!)

Includes derrick / wrecker trains not going terminal to terminal

If assigned, pay (at the arbitrary rate) commences at bulletined starting time or when crew rested (if later), and basic rate commences at actual call time.

No automatic release rule; can depart terminal at any time (regardless of 8'00" rule)

100 mile basic day

Overtime paid after 12.5 MPH runoff on runs over 100 miles; otherwise after 8'00" on duty

Initial and final delay applicable unless actual miles run is less than 100, then ITD / FTD (at 12.5 MPH) plus actual miles run with minimum allowance of 100 miles (applies to post-85 after 3/1/05)

Can be tied up away from the terminal provided there is food and lodging available

New day penalty (at arbitrary rate) if called in advance of bulletined starting time (not applicable to un-assigned)

Basic day penalty if required to handle revenue cars (1984 Crew Consist Agreement Article IV Section 3)

Unassigned crew t/u at Cheyenne not required to protect succeeding days

Index
WORK, WRECK, HELPER, PUSHER: (Item 68 Yellow Pages UTU Schedule)

See page 20 for conversion to Guthrie Service

 

Index
CONDUCTOR-ONLY OPERATIONS

Article I Section 4 of Conductor Only CCA Modification provides:

A straight pickup (all cars coupled together and first out in track)

It has been interpreted that to pick up cars to 3 separate places in train is 3 work events whether at 1, 2, or 3 stations

A straight setout (all cars coupled together placed first out in track)

It has been interpreted that to set out cars from 3 separate places in train is 3 work events whether at 1, 2, or 3 stations

Straight pickup, first out, coupled together, whether or not hangs onto cars - 1 w/e

Straight setout, first out, coupled together, whether or not hangs onto cars - 1 w/e

Multiple pickups at one location - 1 w/e each

Multiple setouts at one location, not together in train - 1 w/e each

Setout and pickup at one location - 2 w/e

Straight pickup of cars, but not coupled together - each coupling = 1 w/e

It was agreed that no employee to be disciplined or censured for taking UTU’s position during the period of the dispute. WATCH BULLETIN BOARD FOR INFORMATION!

STRAIGHT PICKUP COUPLED TOGETHER, BUT NOT FIRST OUT

UPRR’s position is 2 work events

UTU’s position is brakeman is required; REFUSE if conductor-only

NECESSARY DOUBLE-OVER OF TRACKS WHEN PICKING UP OR SETTING OUT CARS AND THE UNIT CONSIST IS NOT LEFT WITH THE PICKUP OR SETOUT

UPRR’s position is 1 work event

UTU’s position is 1 work event for each track used

NECESSARY DOUBLING OF A HILL

UPRR’s position is 1 work event

UTU’s position is 2 work events

It was agreed between the General Chairman and Labor Relations that this repositioning work would not be considered a work event if a conductor-only crew was required to re-align a car(s) enroute provided it was the result of an unforeseen detection occurring enroute, which caused the unsafe train operation.

However, it was also understood that if the work to be performed enroute (pickup and/or setout) is known in advance, the train consist must be properly lined to operate out of the initial terminal to accommodate that work. Otherwise if the necessary re-alignment is not performed at the initial terminal and is performed enroute, a brakeman will be called.

Index
CONDUCTOR-ONLY CAN BE UTILIZED ONLY IN THESE SITUATIONS: (Reduced Crew)

Work Train Service (includes derrick / wrecker operations)

May NOT handle revenue cars (to do so is 100 mile penalty) violation of Article IV Section 3 of 1984 Crew Consist Agreement

Short Turnaround

Includes made-up (wild) crew taking train to intermediate point and return to terminal either by working or deadheading

Includes made-up (wild) crew handling engine to intermediate point to get train and returning to starting point

Zone Locals

Assigned Locals

Exception: Conductor-Only may be used to dogcatch these trains if relieving a crew with brakeman; subject to work event limitations defined above (any work to be performed that could be deemed "general switching" would require a brakeman on the relief crew)

Any time GENERAL SWITCHING is required

Brakeman must make entire trip as a member of the crew; UPRR is not allowed to convert a reduced crew to a standard crew in middle of shift (or vice versa) (per 1984 Crew Consist Agreement Article II Sect 6). It is not permissible under the agreement to have a brakeman meet a conductor enroute.

A fund plug is the $55 contribution UPRR makes to a Productivity Fund when a reduced crew (conductor-only) or a standard crew (conductor and one brakeman) works or deadheads, regardless of whether protected or non-protected.

A trip credit is a share in the Productivity Fund, not unlike shares of stock in a company. A protected employee earns a trip credit only for an actual tour of duty; it is not awarded as part of make-whole payments.

There are certain occasions where UPRR FAILS to make the $55 contribution, and your help is needed to identify those situations. Please notify your Local Chairman immediately (you should give him a copy of your Recap) if any of the following are discovered:

Protected Engineers not receiving their extra compensation under code B4 when there is a protected employee on the train crew are requested to please notify a Trainman's Local Chairman with the name of the conductor he worked with to help identify "no-plug" situations

UPRR is supposed to plug the fund when deadheading separate and apart, even though the "Short Crew Allowance" is not paid. One cannot verify this from examining the Recap.

Non-protected employees hired before 1992 receive $12 "Short Crew Allowance"

If you notify Shortage Clerk in Timekeeping (1-800-877-0309 or 8-997-2121) of the fact that you were not paid the "Short Crew Allowance", please notify UTU Local Chairman to insure that fund plug is eventually made

DO NOT GO WITHOUT BRAKEMAN (when required) FOR CONVENIENCE

DO NOT TOLERATE NON-CRAFT INFRINGEMENT BY YARDMASTERS, MECHANICAL DEPARTMENT PERSONNEL AND/OR OFFICIALS

DO NOT LET MANAGEMENT FOOL YOU INTO THINKING THAT YOU

WOULD BE ENTITLED TO ANY PAYMENT FOR AN AGREEMENT VIOLATION

FOR VIOLATING ANY PART OF THE CONDUCTOR-ONLY AGREEMENT

Rightfully or wrongfully, the framers of the conductor-only agreement intended that refusal (where appropriate) would be the penalty to the carrier for violations of the agreement. And in theory, perhaps that is best. We, as individual crewmen, can best enforce this agreement by knowing what the requirements are and adhering to them. In practical application, however, there are few crewmen who would relish standing up to those in charge at the railroad to enforce the agreement. But just as a wolf can smell fear in its victim, a manager can smell fear in an employee who is unsure of his agreements. Don’t let that be you; learn what the agreement requires of you, learn what it requires of the carrier. Do not let the need to be productive seduce you into an agreement violation! DON’T DEPRIVE A BROTHER OF A JOB WHEN HE SHOULD BE CALLED AS A BRAKEMAN! YOU WOULDN’T WANT HIM TO DO THAT TO YOU!

Index
OTHER PAY ITEMS

Index
HELDAWAY FROM HOME TERMINAL (HAHT): (Rule 74 UTU Schedule)

ID Service, after 16 hours at far terminal, continuously until pay begins for subsequent service or train/van departure time if deadheading separate and apart (and per PLB 4897 Awd 11 to dh dep time on comb dh/svc)

Non-ID Service, same as ID except paid the last 8 hours out of every 24 hours held, similar to the above

Paid at Basic Rate on a minute basis at car bracket rate

Car rate applicable to HAHT payments

If deadheaded separate and apart out of far terminal, HAHT paid at car rate of previous working trip to far terminal only if you claim it, as UPRR has not programmed the computer to automatically allow

If call busted at AFHT, paid greater of call and release or HAHT to recall time (or departure time if deadheading)

To properly claim the greater HAHT, one should go through the motions of claiming the call & release in the computer and do the proper federal screens; then do an =PE claim to state that you are claiming the HAHT in lieu of the call & release account greater.

Computed by taking the appropriate per minute rate and multiply by the number of minutes of HAHT

Index
MEAL ENROUTE: (Rule 28(b) UTU Schedule)

ID service, prior to the implementation of trip rates, was allowed $1.50 taxable allowance for not stopping the train to eat enroute. Non-ID service jobs, locals, and work trains were entitled to a meal period after five (5) hours on duty and it is apparent trip cannot be completed within 8 hours, and dispatcher notified sufficiently in advance if possible to avoid delay to other trains per Rule 28(a) UTU Schedule. Trip rates, where implemented, rolled payments into the trip rate for not having these meal periods.

However, if you are working a Non-ID, Non-Trip Rate assignment and are denied the right to have a meal period after 5 hours, politely inform the person denying you that right that it is an agreement violation, then note that person’s name and the time denied as documentation on your claim for a basic day. While there have been PLB Awards both favorable and adverse on this issue, as well as settlements for less, to not make the claim is to effectively relinquish the rule.

The subject of eating at the final terminal prior to tie-up needs to be addressed. There is NO CONTRACTUAL REQUIREMENT for a meal period once a crew has reached the final terminal. As for taking a meal period while towing in, the Carrier has surreptitiously avoided a confrontation with the organization(s) by instructing drivers to not stop for meals. It is recommended that if a meal period is desired while towing-in, that one obtain permission to do so from the dispatcher.

Index
MEALS AT FAR TERMINAL: (Per 1991 National Agreement PEB 219)

1 meal ($6.00) after 4 hours rest at away from home terminal, OR

2 meals ($12.00) after 12 hours rest, regardless of call time thereafter (not departure time)

Index
INITIAL (ITD) and FINAL (FTD) TERMINAL DELAY: (Rule 32 UTU Schedule, as modified)

Not applicable to Trip Rate jobs. If not a trip rate job, then read on

Pre-85 employees only, until 3/1/05 when post-85 employees become eligible

Paid at Arbitrary rate on a minute basis at car bracket rate

ITD after 30" until rear of train by departure point

If being released before rear of train passing switching limits, there is no ITD payable - there is no departure even though beyond designated departure point

If released after departing switching limits, one is paid ITD plus actual miles run with minimum allowance of a basic day

Switching limits defines a terminal; arrival & departure points set the miles of a run

Switching limits listed on page 28 under "Off District"

FTD 60" after arrival until tied up; Timekeeping requires we show arrival point on timeslip as:

North Platte MP 291 (eastbound)

Cheyenne MP 508.5 (westbound) or MP 510.8 (eastbound)

Rawlins MP 681.16 (westbound)

Green River MP 814.7 (westbound)

If in doubt as to which is greater, ITD + FTD or overtime, claim the ITD and/or the FTD; if overtime and/or tow-in is greater, the computer will pay overtime/tow-in and the timekeeper will cut the ITD and FTD.

With electronic timeslips, if no entries made in remarks column, FTD likely to be paid; but if declined, be prepared to enter the information on =PE.

Never applies in road service; insure that "N" shows instead of "Y" on pay screen if in road service; only for yard crews. Air pay is simply a $6.55 arbitrary payment that is paid to pre-85 yardmen for coupling air hoses that the carmen used to do. On 3/1/05, will be allowed to post-85 yardmen if yard jobs not on trip rates.

Index
AUTOMATIC RELEASE: (Rule 67 UTU Schedule)

"On arrival at terminals conductors and brakemen are automatically released. This does not apply to service covered by Rules 7, 31, 35, 58, 62, 64 and 65."

The excepted rules cover: Short Turnaround Passenger (7), Zone Rule (31), Circus Trains (35), Zone Local (58), Work Train (62), Snow Plow Pilots (64) and Double Crewed Snowplow Service (65).

Be aware there are times that the UP might want to violate this agreement and keep a crew on duty for additional service, especially crews who are not covered by the quoted, excepted rules who are not pool crews. If sent back out on another trip and you are not covered by the listed rules, you and the first out extra man have claims coming. Bottom line? Get permission to depart the property to go home. Given the tendency of management to seek new ways to violate our agreements, it is possible that a pool crew could be ordered to go back out after having arrived; a proper claim should be no less than the round trip district miles that accrue to such pool crew, as they are being used in known short turn service.

Please keep in mind that many carrier officers and/or crew dispatchers lose sight of the fact that if they want to utilize a crew for zone rule service (Rule 31), notification of such must be made when a crew is called for duty. They do not have the right to make a conversion to zone rule service after the time the crew is called if they later decide it might be prudent to have done so. If not notified of zone rule service when called, then Automatic Release Rules apply.

This is a time-based payment when freight crews are required to change class of service to work, wreck, helper, or pusher service. One is NOT paid miles when in Guthrie. This payment is supposed to be in addition to the regular pay for the trip. It is paid at straight time, unless this extra service converts you to overtime, then it is allowed at the overtime rate. It is possible to have a portion of Guthrie at straight time and a portion at overtime rate. Paid at arbitrary rate, same as ITD and FTD with car count.

The rule of thumb when figuring Guthrie pay is to determine what your pay would have been if you had not entered Guthrie service. Guthrie pay is, therefore, the additional time spent on duty because of having converted to Guthrie.

Include time spent securing train before entering Guthrie service and releasing handbrakes and air test afterward. Had you not entered Guthrie, you would not have had to do those things.

Examples of Guthrie service include shoving the train ahead, spreading ballast, re-railing a car, pulling rear portion of train ahead to set out a drawbar, etc.

There is a rumor circulating that if one is still at home when released that there is no claim for call and release; this is not true! If a CMS caller tells you this, he/she is only trying to cover up their mistake. PLB 3736 Award 4 held that an employee, having received a call, and then subsequently released, is entitled to be paid for the call and release, time of day not a factor.

Index
CABOOSELESS: (Article X 10-25-82 National Agreement & Arb Awd 419)

(Webmaster's note: see PLB 3889 Award 148 for recent changes.)

2 hours arbitrary (Article X Section 7) if, due to elimination of caboose, a crewman is required to:

Ride on side of car an extended distance (except during switching operations); (Sec 3(d) of Article X)

State mileposts and times of doing so in Remarks section of electronic timeslip or =PE

Stand by for an extended period of time, (Section 3(b) of Article X), or

Mount or dismount EOT at a location where other personnel (i.e., carmen) are available (i.e., on duty) to do so (Arb Awd 419)

(Webmasters note: see PLB 5487 Award 6)

Have available safe, stationary and comfortable seating arrangements for all employees on the engine consist (remember, carrier wants you in the lead unit to keep from being gassed!)

Use the "DR" command in the computer to show the delay caused that has generated a cabooseless claim, and then print it off for your claim.

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TRAIN EXCHANGE: (Part VIII Section 7 5-22-72 ID Agreement)

Basic Day penalty payment when two crews in ID service exchange trains in a short time situation. The two crews have to physically exchange trains (although forward progress after the exchange by one of the crews is not a requirement); if one crew is out of time already, they cannot receive a train in the exchange process.

Labor Relations sometimes takes position that if the train that the "short time" crew relinquished makes it to the terminal before that crew would have been out of time, then the crew must not have been a "short time" crew and they can steal your payment from you. Lately the criteria used by the carrier is that the short time crew must be at least 10 hours on duty when the exchange is made, if not 10 hours old, then the crew is not a short time crew, hence no payment is due.

Nevertheless, list the train you trade for on the second page (use F8 to get second page) of your tie-up screen, along with the location and time of the train exchange. Also possible to have a second exchange, which is another Basic Day penalty payment.

Payment is a penalty payment (full basic day at current rate, not arbitrary rate) per PLB 5912 Award No. 120. Payment is made to non-protected employees the same as to protected employees. Exact language of the rule:

Does one have the right to refuse to exchange trains? This is when it would be proper to read the above quoted rule to the dispatcher and ask that he comply with it, as written, that one will "not be required to exchange." With a penalty built in the rule, it is not advisable to downright refuse to make a train exchange; rather ask that the agreement be complied with if you do not want to make an exchange. If you do make an exchange, one is more apt to be paid if one of the crews arrives the final terminal after the other one would have expired under the law. The issue is being arbitrated.

Index
LARAMIE TURNAROUND: (Requires brakeman) (Agm't dated 3-25-82)

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DEADHEADING: (Rule 74 in Schedule, as modified by 10-31-85 Agrm’t)

Separate and Apart (Art VI Section 2 of the 10-31-85 National Agreement)

Trip rate jobs will pay a trip rate in lieu of the information below

Non-trip rate jobs are paid as follows, to include deadheading by extra employees to cover outlying assignments

Pay is on a minute basis for actual time spent deadheading

8 hours minimum for pre-85 and post-85 employees where trip rates have been implemented or 3/1/05, whichever is earlier

Pay is supposed to be at basic rate in connection with class of service to which it is connected; if deadheading to Sidney for local service, paid at local basic rate; if to Rawlins for 5 day zone local service, paid at the 5 day zone local basic rate, etc.

Pay for time in excess of 8 hours (this is not overtime) to be at straight time basic rate per PLB 5680 Awd 14 (check to ensure that it was not paid at the arbitrary rate). Specifically state, "Claim all time at Basic Rate."

Pay defaults to separate and apart if combination deadhead not specified prior to deadhead

No short crew allowance due when deadheading separate and apart

Deadheading to and from an outlying point to relieve a vacation vacancy will be paid to the first man out and the last man back; intermediate deadheads are NOT paid. The same applies to a layoff vacancy.

FOLLOWING ARE THE AGREED-TO QUESTIONS AND ANSWERS BETWEEN UTU AND NCCC REGARDING THE ABOVE RULE:

Index
Deadhead Combined with Service (Art VI Section 1 of the 10-31-85 National Agreement)

This is a moot subject for trip rate jobs, except that one might pay close attention to the radio to get a work assignment

For non-trip rate jobs, the following applies:

Pay is on a mileage basis; actual miles worked + actual miles deadheaded

If told by CMS that deadhead is "combined" and you see no service, you still would get district miles for the deadhead and possibly get real overtime (however, some BLE PLB on Conrail apparently shot that down, which UPRR relies on to convert you to separate and apart)

CMS will tell you "combined" but check "separate and apart" in the computer, just in case you do not convert to service, so they can cheat you

If CMS tells you "continuous" service, ask if it is "combined"; the agreement does not contemplate "continuous" service; just another tactic to confuse and cheat you

Must be informed that deadhead is combined with service prior to the commencement of deadheading, otherwise defaults to separate and apart

Per Nationally agreed-to Q&A #8 to Article VI Section 1, of November 1, 1985 Agreement, when deadheading and service are combined, initial delay begins when crew actually reports on duty for the service trip at intermediate point (30" grace period applicable) see below:

FOLLOWING ARE THE AGREED-TO QUESTIONS AND ANSWERS BETWEEN UTU AND NCCC REGARDING THE ABOVE RULE:

It is UTU's position that Trainmen are entitled to a basic day for attending rules class if no actual time is lost, and if time is lost, then entitled to lost wages. We have won PLB 4675 Award 56 over this issue. Carrier has issued instructions to schedule your re-exam so as not to lose time, if possible.

Wait Time: Section 14(b) of Arbitration Board No. 525, Award No. 1 provides for a separate payment on a minute basis to be allowed for all waiting time in excess of 1 hour from time tied up if not immediately deadheaded to objective terminal (except in case of wreck, flood, washout and storm where a crew could be tied up at an intermediate point and resume trip after obtaining legal rest). Claim should be allowed at the current rates of pay, but timekeeping will most likely cheat you and pay at the arbitrary, frozen rate.

If ordered to dogcatch a train within the confines of the 13th district (Black Buttes to Granger), you are entitled to a penalty payment (basic rate) of 65 miles per Section 8 of Agreement dated 9-17-76 entitled "Establishment of 13th Seniority District." (UPED-UTU Schedule Rule 92(29)(h)) This is in addition to the off-district claim (below) if you dogcatch an eastbound train west of Green River.

If you die under the Law enroute Green River within the confines of the 13th district (Black Buttes-Green River), you are entitled to a penalty payment of 65 miles (basic rate) for each train not deadheaded on per Rule 92(29)(j)

Index
SET UP TO ANOTHER ASSIGNMENT: (Item 92(t) Yellow pages UPED-UTU Schedule). This item was included as one of the national pay elements for inclusion into the trip rates; however, your local chairmen have been allowed to forego that inclusion, and as such, this is still applicable. If the carrier would properly apply step-ups to be within the employee’s pool as the national agreement provides, instead of all step-ups to other pools, there might be a time when the trip rate would be increased and the following would not apply to step-ups within the same pool.

Per Item 92(s), a brakeman setting up to another brakeman assignment would be also entitled to set-up and make-whole, similar to the conductor.

Per Item 92(s-1) on the 4th district and Item 92(s-2) on the 5th/6th district, a brakeman setting up to a conductor position would be entitled to make-whole only if applicable, no set-up. Not applicable to hold-down situations.

Trip Credits are not included on make-whole, but can be handled through lodge to effect recovery.

First of all, you cannot be required to take your personal vehicle to an outside assignment. However, if mutually agreeable between you and CMS, then you are entitled to claim "car mileage" for doing so. CMS documents your work history accordingly. Examples would include filling a vacancy on an outside local or working a conductor pilot assignment. The current rate paid varies by the year and is dictated by the IRS; UPRR seems to pay this correctly when one is entitled to the claim. Simply state "claim -- car miles account required to drive personal auto to and from assignment."

Index
OFF DISTRICT: (Rule 92(4) & 92(5) of UTU Schedule)

If you handle your entire train (including lite engine) outside the opposite switching limits at a terminal (e.g., dogcatching without benefit of a dogcatch crew), you are entitled to and should make claim for a basic day for being off district. Don't forget to get a track warrant and track bulletins (at least check with the dispatcher) for the "foreign" district if told to get your train out there; they could "Level" you for not doing so. Let your Local Chairman know!! Also getting a train on the DP if the entire train is south of the wye switch at CP W98 would be grounds for an off district claim. Although "SL" signs are not always in place, the switching limits at various stations concerning Local 446 members are located at:

East West East West

North Platte 282.01 292.00 Laramie B563.59 570.43

Sidney 406.09 409.45 Rawlins 676.50 686.50

Cheyenne 507.27 511.81 Rock Springs 800.53 803.73

Laramie 564.82 570.43 Green River 814.15 818.49

In order to get paid for this claim, obtain a commitment from the yardmaster or dispatcher that they will document this in your work history. UPRR seems to have no problem paying this claim, provided they know it is a legitimate claim, although they pay it at the wrong rate. As it is a penalty claim, it should be paid at the current rate, rather than the 1985 rate (a difference of over $52).

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JURY DUTY: (1972 National Agreement Art V)

Allowed on day(s) that your turn actually works and you report for jury duty. For example, your turn works Monday and Tuesday, and you have jury duty on Tuesday and Wednesday, nothing is allowed for Monday or Wednesday

Pay is basic day less what the court will pay you

Claim submitted via =PE with copy of statement of court faxed (fax number is 8-997-2376 or 402-997-2376) to Northern Region Timekeeping (write =PE claim #, Name and SSN on documentation)

Same as for pool employees, except there is no guarantee reduction for jury duty

Allowed for death of child, parent, sibling (including in-laws, "half" relationships and adoption relationships)

Not allowed for death of grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins or "step" relationships (unless covered by adoption process)

Maximum 3 days payable at basic rate

Claim submitted via =PE with copy of obituary or funeral program faxed (fax number is 8-997-2376 or 402-997-2376) to Northern Region Timekeeping (write =PE claim #, Name and SSN on documentation)

Eligibility for payment based on when you "would have worked" referenced to three "options" (assume, for example, day of death is Monday and funeral is Thursday)

(a) Option #1: Three days commencing with day of death (Monday, Tuesday and Wednesday), or

(b) Option #2: Three days ending with day of funeral (Tuesday, Wednesday and Thursday), or

(c) Option #3: Three days ending day after funeral (Wednesday, Thursday and Friday)

Figure which days you would have worked and apply whichever option gives you the most consecutive days; maybe you will only have one or two bereavement days payable

CMS will put you in "BV" status for 10 days, but paid days have a maximum of 3

Cannot get bereavement pay on a day where you are paid vacation or personal leave

No "pyramiding" (i.e., two bereavement payments for one day) where a second death occurs within the three day period covered by first death

If on a guaranteed extra board, no guarantee reduction for bereavement leave

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PERSONAL LEAVE: (1984 Crew Consist Agreement) (Denial troubles? CMS Manager phone 8-997-3422)

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GUARANTEED EXTRA BOARDS: (1991 Crew Consist Modification (Conductor Only)) Current Guarantee = $2,904.83 (from 7-1-2003 thru 11-30-04)

Will forfeit guarantee if:

3 or more unavailable occurrences in pay period, or

The total hours unavailable exceeds 84 hours in pay period

Unavailable occurrences include "excessive" status, such as "EV", "EP", extra rest, miss call, excessive deadhead from outlying point, etc.

No guarantee reduction for absence due to Bereavement Leave, Personal Leave, Vacation, Rules Classes, Jury Duty, Physical Examinations, or other instances where the employee is held at the instruction of the carrier

If available 14 out of 15 days, pay is 14 / 15ths of the guarantee amount. If your 1 other day was a PL day, then they owe you 15 / 15ths of the guarantee (entire amount); don't let them pay you 14 / 15ths plus a basic day for the PL day

If shorted, call Timekeeping; if they are not willing to adjust, file a claim (=PE) and if formally declined, then have Local Chairman progress

If you become unavailable when first out or miss a call, your guarantee reduction is what the person who took your place earned, with minimum reduction of 1 guarantee day

If you missed the call because the person in front of you missed, you are only docked a guarantee day

Unavailable days are measured in 24 hour periods, or parts thereof, not calendar days

Guarantee paid for the day assigned; all earnings that day will be measured against the guarantee except penalty payments per PLB 5680 Awd 3

No guarantee paid for the day cut from the board unless notified of the reduction after 1:30 PM

If called as a brakeman for an assignment, pay for the trip will be made at brakeman rates; however if guarantee is paid at the end of the pay period, you will be considered to have been a conductor for the whole half and guarantee at conductor rates will be awarded.

Penalty payments supposed to be paid over and above guarantee (PLB 5680 Awd 3); however if you have a pay period where you are entitled to guarantee and a penalty payment, it is recommended that you FILE A CLAIM for guarantee OVER AND ABOVE penalty pay!

 

 

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DOGCATCHING AT RAWLINS (return to Rawlins): (Item O Green pages of UTU Schedule)

Vacancies on assignments known to be of a 10 day duration (pool freight) or 5 day duration (locals and work trains) are eligible to be filled by a person desiring to work such vacancy. The key element is that the vacancy must be KNOWN to exist for the 5 or 10-day period.

A pool freight conductor taking a week’s vacation is not known to be a 10-day vacancy unless he was marked off for 3 days prior to the week’s vacation. Marked off with a pended status of LV three days later would also be a 10-day known vacancy. Persons who violate this principle (with the surreptitious help of a crew dispatcher) only cause the first out extra man to have a time claim for the job deprived of.

The only restriction placed on eligibility is that a person assigned to a pool may not take a holddown in the same craft in that same pool. Also, the Rawlins local only allows holddowns on the RT77 pool to be filled by extra men from the WX683 XC07 or WX683 RT70 jobs.

One may be bumped off of a holddown at any time by a senior person eligible to take that holddown. The person displaced is automatically returned to his regular assignment, or if on the extra board, to the bottom of the available list. There is no bump board involved when being displaced from a holddown.

INFORMATION AVAILABLE IN UPRR COMPUTER:

You can get UTU information on the UPRR computer by typing in HE UTU446.  The left column is a list of “message names” in the user group; the center column is the list of descriptions thereof.  To access a file, simply type in the command SW USE MESSAGE NAME UTU446 and then hit enter.  To obtain a printout, type in a Lata Number, tab to the “send” field at the bottom, place an “x”, then hit enter.  If there is information you would like to see entered for use by our Brothers and Sisters, let us know.  If you encounter a message that says you need a password, be advised that the message is simply “under construction”; the requirement for a password will not be needed when completed. Please try later. Note that we also keep the information in a “read-only” mode (password protected) to avoid any unauthorized changes to the messages.

AVR

At UPRR, two types of AVR are used.  I am including this article for those, especially the younger members, who might be unaware of the fact that one can get his/her name pronounced to their liking in the event that is not now done.

The traditional AVR features the voice of Mr. Jim Quick, a UP employee, who speaks names and phrases into audio computer files that orchestrate into board standings and train line-ups to, hopefully, let you plan your immediate future.  Jim tries hard to say all of the names correctly, but he is only human (he is not responsible for how the files orchestrate).  If you would like him to improve the way he says your name, or call you by a nickname, call 800-877-0593 and leave him a recorded message.

The outbound AVR is the annoying device that actually summons you to duty.  It is my understanding that an outside contractor to the UP handles such.  It is also my under standing that what you hear is a synthesized voice that can be tweaked if you do not like how it says your name.  You can supposedly get help for this problem at 866-897-7784 or 8-997-3703.

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The next few pages contain information from the office of the General Chairman, in the form of letters issued to the Local Chairmen and/or lodge officers. They are reproduced in this publication for your benefit. Contact their office at:

Mr. Dean L. Hazlett
General Chairman UTU
5990 SW 28^th., Ste-F
Topeka, KS 66614-4181
(785) 273-7737
fax (785) 273-9380
e-mail: gca@utu953.org
On the web at: http://www.go953.org/

To All Local Chairpersons & Secretaries:

This is in reference to a few reported incidents of the Carrier’s attempts to use conductors, brakemen or yardmen as engineers on a trip or tour of duty. The majority of the incidents reported to this office involve promoted engineers who are working in train service as conductors, brakemen or yardmen (switchmen) and are being told by a front line supervisor to run the engine. Such instructions are usually being issued to the individual trainmen in an effort to keep him or her qualified as an engineer over a certain territory or for FRA recertification purposes.

In either event, it is the position of this office that an employee called to work in any of the listed train service positions is not to run the engine or train. If a Company officer desires to recertify, qualify, or give a check ride to a demoted engineer working as a conductor, brakeman or yardman, such employee should be placed in ‘OS’ status and called as an engineer for the trip or tour of duty and paid accordingly. Likewise, his or her vacant position as a trainman should be filled from the extra board or in compliance with the vacancy agreements.

This office can not emphasize strongly enough that at no time should any train or engine movement be made without a train service employee working as a conductor, brakeman or yardman. To do so would be in violation of the Crew Consist Agreement. The same would hold true for any train service employee called as such to voluntarily move over to the engineer’s seat to perform the engineer’s duties.

To ensure the protection of train service positions on this Carrier, please advise all of your members accordingly.

Fraternally,

Arthur Martin

General Chairman

To All Local Chairpersons:

At the present time, paragraph 7 (49 CFR Part 240 (Part III), Engineer Certification) ("Pilots") is of the utmost importance as the Carrier is attempting to use working conductors as pilots for unqualified engineers and/or use engineers as pilots for unqualified conductors. Such action by the Carrier is viewed by the Organization as violating Part 240.231 CFR 240, "Requirements for locomotive engineers unfamiliar with physical characteristics in other than joint operations." Subparagraph 23(b)(1) states "For a locomotive engineer who has never been qualified on the physical characteristics of the territory over which he or she is called to operate a locomotive or train, the pilot shall be a person qualified and certified as a locomotive engineer who is not an assigned train crew member" (emphasis added).

Subparagraph 23(b)(2) further states that "For a locomotive engineer…whose qualifications has expired, the pilot may be any person, who is not an assigned crew member, qualified on the physical characteristics of the territory."

The above FRA directives are very clear that the use of pilots is proper as long as the guidelines are adhered to and as long as the pilot is not an assigned crew member.

The referenced portion of 49 CFR Part 240 were furnished to each Local Chairperson (of GO-953) earlier this year. If another copy is needed, this information can be found at http://www4.law.cornell.edu/cfr/49cfrll.htm.

Fraternally,

Arthur Martin

General Chairman

To All Local Chairpersons:

During a recent conference with Directors of Labor Relations and CMS (Northern and Western Regions), the subject of dropped turns was discussed. At that time, Labor Relations and CMS agreed that the unilateral dropping of turns causes excessive unscheduled and unexpected calls, which in turn causes train and engine service employees to either miss calls or report to work without being properly rested.

As a partial resolution to this problem, CMS agreed to instruct shift managers and crew dispatchers not to drop pool turns until the vacancy procedures as prescribed in Road Schedule Item 43(d) have been followed. Paragraphs 7(a) and (b) of item 43(d) state:

(a). When the conductors’ extra board is exhausted, vacancies will be filled by the senior conductor available at calling time with written application on file.

(b). If no conductor with written application on file is available, the junior promoted conductor available at calling time will be used.

When an employee receives an unexpected call to service, he or she should ask the crew dispatcher why the call is so far outside the projected call time and whether the proper vacancy procedures have been exhausted. Violations of Item 43(d) should be reported immediately to the Local Chairperson as well as the appropriate CMS Director: Tom Dein for the Northern Sector, or Julian Caldwell for the Western Sector.

A complete, written report of dropped turns should also be promptly furnished to this office.

Fraternally,

Arthur Martin

General Chairman

To Local 446 Secretary:

This is in reference to your letter of May 12 under lodge seal requesting that "the General Chairman endeavor to obtain an agreement with the carrier that an employee be allowed to stay at the home point at his choosing, if being forced to another location would result in a junior employee at that point becoming furloughed from that location.

We presently have an agreement in place which covers the request of Local 446 as outlined above.

Employees hired after September 21, 1988, are covered under Section 4 of the Zone 200 agreement. Paragraph 2 thereof states: "When an employee is cut off at their home point or is furloughed at their ‘Home Point’, if their services are not needed at any other location where they hold seniority (yard or road), they will be given the right to remain at the point where cut off or ‘Home Point’, subject to the following conditions:"

The remainder of Section 4(2) of the Zone 200 agreement (subsections a through g) outline those conditions referenced above and are patterned after the language contained within the "Stay At Home Agreement-Wyoming Division" (Item 92 (a-6)) dated January 8, 1973.

Employees hired prior to September 21, 1988, are covered by Item 92(a-6) and Section 6(2) of the Zone 200 Agreement which states, "The carrier cannot require a prior rights employee to transfer to any point outside the employee’s prior right seniority districts."

Therefore, the request of Local 446 is already covered by existing agreements. We will notify the Carrier to properly apply such agreements.

Fraternally,

Arthur Martin

General Chairman

To Yard Local Chairman:

This is in answer to your telephone call of January 29 wherein you posed the following question to this office:

If a Seventh District prior right employee bid on the annual bulletin on the Sinclair Local using his Zone 200 seniority, would he be able to give the job up after 120 days and transfer to another road district?

(Letter went on to quote various rules and rulings dating to 1941)

Thus, the clear intent of the agreements of December 19, 1983 and June 3, 1996 were to allow only an employee who was forced to the Sinclair Local to give up the assignment under Rule 92(15). As your question deals with an employee who voluntarily bid on the Sinclair Local on the annual bulletin, it would be my opinion, based on a research of the files, the language of the agreements involved, and past practice, that he would not be able to voluntarily give up the assignment.

Fraternally,

s/ Arthur Martin

s/ Arthur Martin

s/ Arthur Martin

s/ Dean L Hazlett

s/ Arthur Martin

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STRAIGHT TALK ABOUT THE TEAMSTERS

       In a recent article in the UTU news, International President Thompson advised all members that the BLE/Teamsters have begun an all-out "nationwide raid" of the UTU. 

       As recently as July 14, the BLE/Teamsters issued fliers to the homes of UTU members touting the benefits of joining the BLE/Teamsters.  Some of the so-called "benefits" follow:  

       Alleged benefit:  "A tradition of successful representation of transportation industry workers."   Truth:  Those of us on the Union Pacific have only to look at the UP Corporation’s 2002 annual report to see how successful the Teamsters were when negotiating with a railroad entity.  That report states, "The Teamsters’ eight-year campaign to organize OTC’s (Overnight Trucking Company) service centers has become almost dormant, and since October 2002, the Teamsters have lost rights to represent 41% of the approximately 2,100 employees they had organized. The Teamster had become the bargaining representative of the employees at 26 of OTC’s 170 service centers, but employees at 17 of these locations have voted to decertify the Teamsters, and the NLRB has officially approved the votes in 14 of those locations.  Decertification petitions are pending at four other service centers.  Only a single representation petition currently is pending, but due to strike violence charges pending against the Teamsters, the NLRB has blocked the Teamsters’ efforts to precipitate an election."  Efforts by the Teamsters since have all but gone away.  Another "successful representation" effort that the Teamsters do not talk about is the "success" they had negotiating a contract for the flight attendants on Northwest Airlines, who recently disaffiliated with the Teamsters.

       Alleged benefit:  Current UTU members can "obtain the same level of job insurance" with LMPCA and BRCF insurance.  Truth:  While the coverage might look the same as the UTUIA, coverage is only good if the Company "pays off" at the time of need.  One good example of how the BRCF treats its members is the case of a UTU member who was fired by the Carrier several years ago for sleeping, even though the Carrier officer admitted at the investigation that Claimant was standing up and, in fact, opened the door when approached.  Even when presented with the clear-cut testimony that the Claimant was not sleeping, the BRCF denied the claim, stating that they do not pay for sleeping.  Luckily for the member, UTUIA did pay him and subsequently, this Committee won his case in a PLB with full back pay. 

       Alleged benefit:  "If BLET-Teamsters is chosen as the certified representative of the Conductor or Trainman craft on any railroad, all Trainmen agreements will be preserved." Truth:  History shows that the BLE’s word cannot be trusted.  Former conductors on the Via Rail in Canada have been awarded as much as $230,000 (Canadian) each as a result of the BLE being found guilty of "unfair labor practices" after promises made to those conductors, prior to a representation vote, were not kept.  In defense, the BLE denied making "promises" but rather "campaign rhetoric" and that they (BLE) "cannot be held accountable for what was said during a campaign and there can be no reasonable expectation on the part of UTU members that they would obtain all that had been promised."  The same sad scenario also happened to conductors on the former SOO line.  In both cases, the promises made by the BLE then, are the same promises that the BLET/Teamsters are promising now.  Buyers beware. 

       While the BLET hierarchy glorifies the benefits of joining with the Teamsters in their mailing, "Why BLET/TALKING POINTS AND ‘YEAH BUTS,’" the information given out, as usual, is very slanted and deceptive.  While they state that the IBT is not broke, but has "a $140 million annual budget which gives them the resources to be in the ball game," the truth of the matter is while they might budget $140 million annually to spend, according to the 2003 LM-2 report filed by the Teamsters, at the end of 2003 they had (negative) -$7,823,351 in assets.  Likewise, when the BLET brags that the Teamsters are great organizers, according to the Teamsters for a Democratic Union (TDU), since President Hoffa took over in 1999, the Teamsters have lost over 100,000 members and since had to raise dues and seek out mergers with non-trucker unions to bolster their membership.  And while the Teamsters try to promote the idea that they have changed from doing business the "old way," articles found on the TDU.org web site suggest otherwise. 

       Truth:  The Teamsters have already broken the Central States Pension Fund, cutting benefits to their retired members, and are now looking at ways to replenish the pension fund by any means possible.  Brothers and Sisters, do not be fooled; this is not the same battle that has been waged over the years between the BLE and UTU.  This is a battle between a non-rail union (Teamsters) and all rail unions to obtain and keep control to the coffers which belong to the railroad workers and their retirees. 

       This office urges you to enlighten your fellow employees to the dangers of letting this piranha into the pool.  Don’t just take our word for it:  go to www.tdu.org, do the research, and see what honest and good members of the Teamsters are saying and doing to try and clean up their union.  It’s not too late; according to Article 6.26 of the BLE/Teamsters Merger Agreement, either Union may withdraw from the merger at any time before December 31, 2005.  The time is now to put the truckers back on the highways.  Talk to your fellow railroader!

 

Index
The following letters were exchanged between UPRR and General Chairman Hazlett regarding representation: