UNION PACIFIC RAILROAD
for the territory
(Salt Lake City - Granger/Butte - Huntington)
(Los Angeles - Salt Lake City)
(Feather River Division)
INSTRUCTION-EXAMINATION CLASSES-OPERATING RULES
The parties signatory
hereto fully endorse adherence to the Operating Rules and recognize the
importance of instruction and examination on such rules in order to ensure
that employees complete their duties safely and efficiently.
in regard to Instruction and
Examination classes on Operating Rules, the parties hereby agree to the
1. When notified by Carrier, employees will be required to attend Instruction- Examination classes covering Operating Rules, Special Instructions, General Orders, General Notices, Safety, Radio, General Rules, Air Brakes and Train Handling Instructions, and Instructions for handling hazardous materials.
2. Employees required to attend the aforementioned Instruction-Examination classes will be paid in one of the following manners:
(a) Attendance during off duty hours will be paid from the time required to report until released, with a minimum of four (4) hours at the basic pro rata rate of the last service performed.
NOTE: This includes employees
who can attend classes immediately prior to or at the completion of their
tour of duty, provided the employees have sufficient time under the Hours
of Service Act.
(b) Employees who are not afforded an opportunity to attend class during their off-duty hours will be paid for all time lost.
3. Employees who have completed their tour of duty will not be required to attend rule classes later in the day without at least eight (8) hours of proper rest. Further, employees required to attend classes will not be required to protect their assignments later in the day without at least eight (8) hours of proper rest.
4. Employees will be given adequate advance notice of the
available Instruction-Examination classes which will include the dates
and. times in which Instruction-Examination classes will be held. An
employee must attempt to attend a class during his/her off-duty hours
unless such advance notice of classes clearly indicates that the employee
will not be afforded such opportunity.
NOTE: Thirty (30) days prior to the date of examination will be reviewed by Carrier to validate other available dates/times the employes could have attended an instruction - examination class.
5. Employees required to attend Instruction-Examination classes at other than their home terminal will be reimbursed for necessary auto mileage at the prevailing rate for the use of personal automobiles. Employes will also be reimbursed for any necessary lodging and/or meal expenses if prior approval has been granted by the Carrier. Such expenses are not permissible without such prior approval and will only be granted in those unique situations where the driving distance of the employe to/from the home terminal would logically dictate such expense.
Employees will be given and required to pass written examinations
which will consist of questions relative to the rules, instructions etc.,
as set forth in Item 1. An employee who fails to satisfactorily pass the
required examinations will be re-examined after having received
instructions on the subject matter contained in such examinations. The
instructions and re-examinations provided to the employee will be
without any compensation.
NOTE: An employe's
re-examination will be the following day if practical. However, at the
request of the employe such reexamination can be deferred up to seven
(7) days during which time the employe will not be permitted to perform
service nor will the employe be allowed any compensation.
7. If an employee fails to pass the required examinations after two (2) attempts, such employee will be required to consult with the Superintendent or designated representative and his/her local chairman for the purposes identifying and possibly overcoming any problems associated therewith. Employees will be withheld from further service until such time as they have successfully passed all required examinations. The additional training and re-examinations will be without compensation to the employee.
8. An employee who fails to attend the required Instruction-Examination class without good cause will be withheld from service until such time as such employee attends the required class. The Carrier will upon request of the employee, arrange for another Instruction-Examination class as soon as possible. The subsequent Instruction-Examination class will be without compensation to the employee.
9. It is understood that where any Agreement rules, procedures and/or understandings are in conflict with this Memorandum of Agreement, the provisions of this Agreement will prevail.
10. The terms and conditions of this Memorandum of Agreement shall be effective November 1, 1994, and should continue in effect except as may be modified or amended under the provisions of the Railway Labor Act.
OMAHA, NEBRASKA 68179-0001
Side Letter No. 1
refers to Memorandum of Agreement # 1911019429 which provides for an
Agreement rule with respect to Instruction‑Examination classes on
Memorandum of Agreement provides for compensation for employees and has an
effective date of November 1, 1994. In this regard, the Carrier has agreed
that the conditions set forth in the aforementioned Memorandum of
Agreement will be retroactively applied to January 1, 1994 in that all
employees who have completed their Operating Rules examination prior to
November 1, will be provided the benefits of this Agreement.
UNION PACIFIC RAILROAD COMPANY
OMAHA, NE13RASKA 68179-0001
refers to Memorandum of Agreement # 19110l9429 which provides for an
Agreement rule with respect to Instruction-Examination classes on
Operating Rules, with specific reference to Item 7.
negotiations on this Agreement, the parties spent an extensive amount of
time discussing the elements of Item 7 and this Side Letter No. 2 sets
forth Carrier's position on this matter that being that unless your
Organization can provide documented evidence as to the justifiable
reason(s) an employe failed the examination, the Carrier intends to
terminate this employee form all service with the Carrier. This Carrier
does not believe that the employee should remain on the seniority roster
as a result of the employees apparent refusal to pass the rules
examination which obviously results in that employee's inability to
perform service with the Carrier.
L. A. Lambert
General Director Labor
OMAHA, NEBRASKA 68179-0001
Side Letter No. 3
following two (2) items of clarification are issued with respect to
Memorandum of Agreement # 1911019429.
"Part 4 of Memorandum of Agreement #1911019429 states in pertinent part that employes will be given adequate advance notice of the available Instruction - Examination Classes and an employe must attempt to attend one of these classes during his/her off duty hours. In this regard, an employe who has been afforded advance notice of available instruction classes but was unable to attend any class during off duty hours due to his/her documented work schedule and who was accordingly required to take time off will be allowed pay for time lost with a minimum payment of four (4) hours. This holds true with example of a pool freight engineer who was advised weeks in advanced of scheduled dates for examination. That employee elected one, of the days for such examination and on that day, the employee was called for pool freight service. The employee obviously must be absent from the pool freight service for the examination and in that case, the employe will be paid for all lost time with a minimum payment of four (4) hours."
"Part 6 of Memorandum of Agreement #1911019429 states in the 'NOTE' that a re-examination will be held the following day if practical. The 'NOTE' continues by providing that at the request of the employe, such rescheduling can be deferred up to seven (7) days but during this period of time the employe will not be permitted to perform service nor will compensation be allowed. In this regard, it is clearly understood that if an employe requests that the extension be deferred up to seven (7) days, but the Carrier is unable to accommodate the employe, the re-examination will be rescheduled at a later period of time with the employe permitted to resume active service with compensation. However, it is also understood that service and compensation of the employe will not be extended beyond one (1) year from the date shown on the employees rules card."
General Director Labor Relations