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AGREEMENT
#1403159630
Between
the
UNION
PACIFIC RAILROAD COMPANY
(Territory
Salt Lake City - Butte- Granger - Huntington)
And
the
BROTHERHOOD
OF LOCOMOTIVE ENGINEERS
GUARANTEED ENGINEERS'
EXTRA BOARD
Guaranteed
combination road/yard engineers' extra boards may be established in the
territory subject to the Salt Lake City - Butte - Granger Huntington
Engineers' collective bargaining agreement subject to the following:
1
OPERATION,
A.
At the Carrier's discretion guaranteed extra boards may be
established, upon thirty (30) days' written notice to the General
Chairman, at any location where deemed necessary. Likewise, in the event there is
insufficient work to justify an extra board(s) same may be suspended upon
thirty (30) days' written notice to the General Chairman.
B.
The engineers' guaranteed extra board will operate on a first-in,
first-out basis. When two (2)
or more vacancies are all called for the same time, first-out Engineer
shall have the selection as to which position he/she desires to work. Engineers exercising seniority to
the board will be placed to the bottom of the board. Engineers marking up for service
after laying off, subject to the provisions of Sections 4, 5, 6 and 8 of
this Agreement, shall be placed to the bottom of the board. Engineers shall be returned to the
bottom of the board per tie up time when working yard assignments. After completion of road service,
the arriving time at the terminal shall govern in determining the order in
which engineers shall be called for subsequent service.
C.
If more than one tie up at the same time, previous board standing
will govern.
2.
GUARANTEE.
A.
Engineers assigned to the extra board shall receive a guarantee of
seventeen (17) days per half at the through freight rate applicable to the
weight-on-drivers bracket, less than 200,000 pounds. The rate is subject to future
general wage adjustments, including COLA. The guarantee shall be computed on
a daily basis and shall not apply to any calendar day the extra engineer
lays off or otherwise becomes not available for service or any following
calendar day which an extra engineer continues to lay off or to be
unavailable.
B.
All earnings received by extra engineers assigned to the extra
board will be used in computing such guarantee. Extra engineers laying off on call
or missing call will have their guarantee reduced by the amount they would
have earned had they not laid off on call or missed call, with a minimum
of a guaranteed day. Extra
engineers missing call when other than first-out will have their guarantee
reduced by one guaranteed day only.
C.
When an engineer assigned to the guaranteed board attains the
first-out position and is not available because of taking extra rest, that
engineer is held first-out until rested and is subject to call. There will be no penalty
assessed. However, the
Carrier will monitor employees tied up for rest to avoid an abuse of the
Rest Rule.
D.
Extra engineers unavailable for more than two (2) calls per pay
period,
or
being
unavailable for more than 72 combined hours per pay period, will have
their guarantee suspended for that pay period.
NOTE
1:
This
Paragraph D will include any unavailable status due to missing a call,
laying off on call or laying off, but will exclude layoffs for Company
business and Local Chairmen, Legislative Representatives,
Secretary-Treasurers, Division Presidents or Engineer, specifically
designated by the BLE General Chairman, who must lay off for BLE union
business. BLE representatives unavailable for call due to laying off for
union business shall be returned to the board in their respective order
when marking back up and in the event normal rotation of the board places
him first-out, he/she will go first-out and be subject to call.
NOTE
2:
If an employee is unavailable for 72 combined hours during a pay
period for other than the items listed above, i.e., union business or
Company business, he/she will forfeit his/her guarantee for that
half.
E.
Engineers added to the extra board will be added prior to 12:00
Noon and will be paid guarantee for the day added provided they meet the
availability requirements of this Agreement. The semi-monthly guarantee will
be computed on a daily basis from the time engineer is either added to
or displaces onto the extra board until the end of the semi-monthly
period. Earnings made on
the day added will not be included in the computation of the guarantee;
however no guarantee will be paid for that day unless he/she is rested
and available to perform service.
If called and used from the extra board, on the day added, those
earnings will be used in the computation of the guarantee. Guarantee will not be paid to an
engineer on the day reduced from the extra board provided that such
reduction has been made prior to 12:00 Noon.
3.
REST DAY/INCENTIVE PAYMENT:
A. Engineers
assigned to the guaranteed extra board for an entire pay period ( or who
is reduced from the board by the Carrier prior to completion of the pay
period) shall be entitled to one (1) rest day (a 24 hour period or portion
thereof) during the pay period for which no deduction will be made from
the guarantee, subject to the following conditions:
(1) At the time of
the rest day the engineer must be other than first out.
(2) The rest day must
be taken at any time commencing 12:01 AM, Monday and concluded by 11:59
PM, Thursday.
(3) The rest day
cannot exceed 24 hours.
(4) This provision
does not affect or modify any provision contained in the paid holiday
agreement.
B.
Engineers
assigned to the guaranteed extra board for an entire pay period who remain
marked up and available for service during that entire pay period shall be
entitled to an incentive payment of one prorated guaranteed day
representing the one (1) rest day to which entitled under Item A above but
not taken. This incentive for
full availability during the pay period shall be-paid regardless of
whether an engineer does or does not exceed the guarantee for the period
and shall be in addition thereto.
C.
Reductions in guarantee due to layoffs/absences does not a when taking
rest day(s) under this Section 3.
4. LAYING OFF
OTHER THAN ON CALL (AT HOME TERMINAL).
An
extra engineer laying off for any reason and at any time other than on
call will not be permitted to mark up for twelve (12) hours from the
time he/she laid off.
Mark up time shall be agreed to at the time of lay off. If services are needed, he/she
will be penalized one day's pay and fall to bottom of
board.
5.
LAYING OFF (ON CALL) AT HOME TERMINAL.
An
extra engineer laying off on call will be held in until the tie up of
the respondent or twelve (1 2) hours from the time of the lay off,
whichever is later. The
engineer will be marked up automatically, however, this shall not
prevent the Carrier from using him/her in emergency service if the extra
board is exhausted. If used
in emergency, the engineer will not be penalized for the lay off under
this Section 5. If not used, will have their guarantee reduced by the
amount they would have earned had they not laid off.
6.
MISSING CALL AT HOME TERMINAL.
An extra engineer missing a call will be
held off for a minimum of twelve (1 2) hours and will be automatically
marked up to the bottom of the extra board. Engineers missing call for an
assignment at an outlying point shall be governed by Section 8
herein. It is understood
that this provision does not prevent the Carrier from administering such
discipline as it deems proper for a missed call subject to the terms of
the Schedule Agreement.
7.
MISSED CALL (AT FAR TERMINAL).
For
guarantee purposes, an extra engineer missing a call or laying off at
the far terminal will be treated the same as an extra engineer laying
off on call at the home terminal and will not be returned to the extra
board until tie up of the assignment he/she missed call
for.
8.
OUTLYING VACANCY.
An
extra engineer who misses a call or lays off on call when he/she stood
for an outlying vacancy will, upon reporting for service, be required to
relieve the engineer who accepted the call if he/she is still occupying
the outlying vacancy. The
guarantee will be reduced by the amount he/she would have
earned.
NOTE:
Where
one extra engineer is called and deadheaded to an outside point to fill a
vacancy in either road or yard service because another engineer on the
extra board has taken or been granted a leave of absence (layoff) within
twenty-four (24) hours from the time the one extra engineer was called to
deadhead and who, except for having taken or been granted a leave of
absence (layoff), would have stood for the call to deadhead to the outside
point for road or yard service, such extra engineer who has taken or was
granted leave of absence (layoff) shall, upon reporting for duty, be
required to go to the outside point and relieve the extra engineer sent in
his/her stead, provided the vacancy continues to exist. The extra engineer electing not to
deadhead to the outside point shall not be restored to the extra list
until the extra engineer sent in his/her stead has returned and marked up
for service at the extra board point. This provision shall not apply to
an extra engineer laying off to comply with the existing mileage
regulations or to take his/her vacation.
An
extra engineer who takes and is granted leave of absence (layoff) and who
is required to deadhead to an outside point in the application of the
first paragraph of this Section, shall deadhead to and form the outside
point on his/her own time and shall not be paid for deadheading in either
direction.
9.
TYING UP FOR REST. (RULE 110)
An extra engineer tying up for rest under
the provisions of Rule 1 1 0 at the home terminal will retain his/her
position on the extra board.
When engineers assigned to the guaranteed board attain the
first-out position and are not available because of taking extra rest,
the engineer will be held first-out until rested and therefore subject
to call.
10.
REGULATION.
The
Carrier shall have the unqualified and unchallenged right to determine the
number of engineers to be placed and maintained on a Guaranteed Extra
Board. Carrier will, however,
ensure that there are sufficient Engineers on the GEB to permit those
employees reasonable absence privileges. Additions or reductions of extra
boards are governed by Section 2.
Engineers
added to the extra board shall not be removed there from for a period of
seven (7) days but may bid off or be displaced sooner.
EXAMPLE: Extra board is added on May 1.
Engineer assigned to the extra board on May 1 may not be reduced from the board
until May 8 unless displaced or bids to new assignment.
11.
DEADHEADING.
Deadheading
which results from the regulation of the extra board will not be paid
for.
12. SIDE
LETTERS.
Attached
are various Side Letters that amend various Rules of the Agreement. These Side Letter Agreements are
entered into to facilitate usage of the guaranteed extra board. It is understood that if the
Agreement is cancelled by the Union, then the Side Letter Agreements are
also cancelled.
13.
SIDE LETTER #20.
This
Agreement is without prejudice to Side Letter #20 of the May 19, 1986
Agreement.
14.
AMENDMENTS/TERMINATION
This
Agreement may be amended at any time by agreement of the parties signatory
hereto; otherwise under the provisions of the Railway Labor Act, as
amended. This agreement may
be cancelled by the Union party signatory hereto by serving sixty (60)
days' written notice to the Carrier with the understanding that the
termination will be effective at midnight on either the 15th or last day
of the calendar month following the sixty (60) day period calculated from
the date of the Union's notice.
This is with the understanding that, should the carrier so request,
the parties shall meet and review any problems associated with the
cancellation of this Agreement.
In the event this agreement is cancelled, the guaranteed extra
board conditions set forth in Side Letter #20 of the Award of Arbitration
Board No. 458 dated May 19,1986 will be restored.
15. This
agreement is a modification of and supersedes the Guaranteed Engineers'
Extra Board Agreement signed October 12,1989 (File 560.30-7).
16.
EFFECTIVE
This
agreement shall become effective on
FOR
THE ORGANIZATION:
FOR THE CARRIER:
D.
L. Stewart
T. L. Wilson, Sr.
General
Chairman BLE
Director Labor
Relations
L. A. Lambert
General Director - Labor Relations
031596c.agt
__________________________________________________________________
Side
Letter #1
560.30-7
Rule
85
Mr. D. L. Stewart
General
Chairman BLE
44
North Main
Layton
UT 84041
Dear
Sir:
This
refers to the Guaranteed Extra Board Agreement for the territory covered
by the Salt Lake City - Butte - Granger - Huntington Engineers'
Contract.
The Carrier expressed concern that due
to the high guarantee on the combination board that many assignments,
especially yard assignments, would go no bid so that employees could work
them off the extra board at a higher rate. The Carrier refused to grant the
higher rate unless some relief was provided in this area.
Therefore, it was agreed that should a yard vacancy go no bid, then
the senior demoted engineer shall be forced assigned to the position and
if there are none, then the junior employee on the guaranteed extra board
at the protecting location shall be force assigned to the vacancy.
Engineers
subject to this understanding can only be forced to yard vacanci, s at
their respective home terminals.
In other words, a Pocatello engineer can be forced to a Pocatello
yard vacancy only, Salt Lake City engineer can be forced to a Salt Lake
City yard vacancy only and a Nampa engineer can be forced to a Nampa yard
vacancy only. This does not
modify the G-2 Agreement, dated November 8, 1972, found on Pages
251-254.of the BLE Schedule, effective January 1, 1977.
Yours
truly,
L.
A. Lambert
General
Director - Labor Relations
AGREED:
D.
L. Stewart
General
Chairman - BLE
________________________________________________________________
Side
Letter #2
560.30-7
Rule
78
Appendix
24
Appendix
25
Mr.
D. L. Stewart
General
Chairman BLE
44
North Main
Layton
UT 84041
Dear
Sir:
This
refers to the Guaranteed Extra Board Agreement for the territory covered
by the Salt Lake City - Butte - Granger - Huntington Engineers'
Contract.
The
Carrier expressed concern that due to the application of Rule 78, Appendix
24 (pages 256-257), Appendix 25 (pages 258-260) and the Five Day Workweek
Agreement (including the Float Rule), the extra board would not have
sufficient work to warrant the guarantee that is stated in the
Agreement. Therefore,
all temporary vacancies will be filled by the extra board except as
noted herein.
Yard
vacation vacancies, the initial vacancy created by a vacation, may be
taken by another yard engineer and the resulting vacancy shall be
considered as temporary and filled by the guarantee board.
An
engineer will be allowed to float only if that engineer was bumped or job
abolished and stands to lose a day's work.
It
is, therefore, agreed that the above cited rules and appendixes are
suspended while this combination road/yard extra board agreement is in
effect.
Yours
truly,
L.
A. Lambert
General
Director - Labor Relations
AGREED:
D.
L. Stewart
General
Chairman - BLE
__________________________________________________________________
Side
Letter #3
560.30-7
Rule
89
Mr. D. L. Stewart
General
Chairman BLE
44
North Main
Layton
UT 84041
Dear
Sir:
This
refers to the Guaranteed Extra Board Agreement for the territory covered
by the Salt Lake City - Butte - Granger - Huntington Engineers'
Contract.
The
parties discussed the most efficient movement of employees when pool turns
are adjusted. It is possible
that with this guarantee extra board that senior employees may wish to
move to the board.
Therefore
it is agreed if pool turn(s) are cut that a senior employee with
application for the extra board would be released prior to the junior
engineer in the pool being released.
Yours
truly,
L.
A. Lambert
General
Director - Labor Relations
AGREED:
D.
L. Stewart
General
Chairman - BLE
__________________________________________________________________
Side
Letter #4
560.30-7
Mr. D. L.. Stewart
General
Chairman BLE
44
North Main
Layton
UT 84041
Dear
Sir:
This
refers to the Guaranteed Extra Board Agreement for the territory covered
by the Salt Lake City - Butte - Granger - Huntington Engineers'
Contract.
Since
Section 10 provides for employees to be carried on the extra board for
seven (7) days except for bidding or being displaced, the Carrier believes
that access to the board should be similarly handled.
It
is therefore agreed that employees may move to the extra boards only by
application or when they have a displacement right through being bumped or
their job is abolished. An
employee may not relinquish his/her assignment and move to the extra
board.
Yours
truly,
L.
A. Lambert
General
Director - Labor Relations
AGREED:
D.
L. Stewart
General
Chairman - BLE
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