II.
Seniority and Work Consolidation.
The
following Zone 1 seniority consolidations will be made:
A.
A new seniority district will be formed and a master
Engineer roster shall be created for Zone 1 for the engineers on
the current SP Portland seniority roster and the current UP First
Seniority District roster
and UP Second Seniority District
roster or on a
SP auxiliary board from a point inside Zone 1 but working outside
Zone 1 or UP engineer
borrowed out to other locations that will return to the
Zone upon release. It
does not include borrow outs to the Zone, if any.
All such engineers must be on one of these rosters on
October 1, 1997.
B.
The new roster will be created as follows:
1.
UP First Seniority District, UP Second Seniority District
and SP Engineers will be dovetailed based upon the current
engineer seniority date within Zone 1. This shall include any
engineer working in trainman/fireman service with an engineer’s
seniority date. If
this process results in engineers having identical seniority
dates, seniority ranking will be determined by the engineer’s
earliest retained hire date with the Carrier.
2.
All engineers who entered training and are promoted in Zone 1
after October 1, 1997 will be considered common engineers, have no
prior rights and placed on the bottom of
the roster. An
engineer who entered engineer training prior to October 1, 1997 and
finished the training after October 1, 1997 shall not be a common
engineer but will have prior rights in the area they took promotion.
3.
All engineers placed on the rosters may work all assignments
protected by the roster in accordance with their seniority and the
provisions set forth in this Agreement.
4.
Engineers placed on the Portland Hub Zone 1 Roster shall
relinquish all seniority outside the new roster area upon
implementation of this Agreement and all seniority inside the Zone
held by engineers outside the Zone shall be eliminated.
The seniority standing of engineers in more than one Zone of
the Portland Hub will be finalized in the final Hub agreement.
5.
Current 2nd District engineers working 2nd district
assignments at Hinkle shall have the following options:
NON
EXTRA BOARD
ASSIGNMENTS
b.
If the assignments are abolished then the engineer shall be
free to exercise his/her prior rights and expanded seniority.
If the positions are later reestablished then the engineers
who held the assignments at implementation shall be automatically
reassigned and when contacted shall have an
opportunity to return to it.
Should they decline and not return to it then it shall be
treated as a voluntary relinquishment per 5(a) above.
EXTRA
BOARD ASSIGNMENTS
c.
Be prior righted to the
extra board assignments and retain their zone 1 prior right
and expanded seniority. If
they voluntarily leave the assignments the assignments shall no
longer be 2nd
district assignments and shall become
3rd district assignments until
zone 2 is covered by an agreement or an award and shall be
further handled in zone 2 at that time.
d.
If the assignments are abolished then the engineer shall be
free to exercise his/her prior rights and expanded seniority.
If the positions are later reestablished then the engineers
who held the assignments at implementation shall be automatically
reassigned and when contacted shall have an
opportunity to return to it.
Should they decline and not return to it then it shall be
treated as a voluntary relinquishment per 5(c) above.
NOTE
1:
All 2nd district assignments once vacated will no longer be
available to former 2nd district engineers but initially to the
3rd district and finally to the Zone 2 roster.
C.
Engineers who are on an authorized leave of absence or who
are dismissed and later reinstated will have the right to displace
to the appropriate roster, provided his/her seniority at time of
displacement would have permitted him/her to hold that selection.
The parties will create an inactive roster for all such engineers
until they return to service in a Hub or other location at which
time they will be placed on the appropriate seniority rosters
and removed from the inactive roster.
D.
At the time of implementation all assignments will be prior
righted to the seniority district that have rights to the
assignments on the day prior to implementation.
Prior rights shall also extend to the following pools up to
the baseline established:
Seattle-Portland
32
Portland-Hinkle
52
Portland-Eugene/Oakridge
32
Oakridge-Klamath
Falls 32
NOTE:
Portland Terminal shall be considered as common to all
seniority districts for determining that service operates within a
pre-merger seniority district.
For example, it does not matter where in the Portland
terminal a pool freight assignment goes on duty, if it goes to
Hinkle or Eugene or Oakridge then they would be prior right
assignments.
E.
Prior rights shall be phased out on the following schedule:
1.
Portland Extra Boards- As Portland extra
boards are consolidated they shall be filled using the dovetail
roster.
NOTE
:
Because the first consolidated extra board shall be between
the UP 1st and 2nd Districts then UP 1st and 2nd district engineers
on an interim dovetail basis can make application for that
assignment ahead of the SP. Once
the SP extra board is consolidated with the UP extra board,
full dovetail rights shall govern.
2.
Portland yard assignments.- On the first
day of the month following forty-eight (48) months from the date of
implementation all Portland yard assignments shall no longer be
filled on an 80UP/20SP basis (see page 8, this Article, section M)
but, shall be filled using a 40UP/10SP basis for two more years.
The dovetail roster shall be used at the end of the six year
period and for those assignments not covered by prior rights.
3.
Pool assignments- The first day of the month
following twenty-four (24) months from the date of implementation
shall begin a four year period for the transition of prior right
assignments in each pool to dovetail assignments.
At the end of each year the number of prior right turns
(baseline) in each pool shall be transferred to dovetail
assignments by 25% until the baseline is eliminated.
Example:
The Portland-Hinkle pool baseline for the first three years
is 52. On the first
day of the month after three years the baseline of prior right
turns shall drop to 39. On
the first day of the month after four years from implementation
the baseline shall drop to 26 turns.
This will continue for two more years with the baseline
dropping to 13 and then zero.
It does not matter how many turns are in the pool at the
time, only the baseline is being reduced.
4.
Non-pool and non-yard assignments within the thirty
mile radius- On the first day of the month following
twenty-four months from the date of implementation, all non-pool
and non-yard assignments within the thirty mile zone shall no
longer have prior rights and shall be filled from the dovetail
roster.
5.
Other assignments- Any assignment within Zone
1 not covered above shall be filled using the dovetail roster on
the same date that the last pool turns are also subject to the
dovetail roster.
6.
When assignment(s)
goes through the transition from prior right to dovetail there
will be no re-advertising of the assignment(s), nor will the
process generate a displacement.
It means that the next time an engineer places an
application for the assignment or an engineer has a displacement
from some other reason provided for in the CBA he/she shall do so
on the basis of the dovetail roster.
There shall be no Sadie Hawkins Days during this transition
period.
F.
In addition to the above, the dovetail roster shall be used
for all new non pool freight assignments that operate over two or
more prior right areas, all pool freight assignments above the
baseline and any prior right assignment not filled by a prior
right engineer.
NOTE:
Unassigned
work trains shall be run off the extra board(s).
Until the extra boards are consolidated work trains will
not work on more than one prior right road territory.
An unassigned work train may work on both a road territory
and anywhere in the Portland terminal.
Work train service shall be governed by the controlling CBA.
G.
New pool freight operations not covered in Article III of
this Agreement and created after the implementation of this
Agreement shall be covered under Article IX of the May 1986
National Arbitration Award and
seniority issues regarding rights to the new run(s) shall be
determined at that time. It
is not the intent of this agreement to supplant existing runs with
non pool assignments or create non pool assignments to avoid
provisions of this Article.
H.
Prior right UP 1st and 2nd District and SP engineers
will be required to protect all assignments
in their pre-merger prior rights area that still remain in
the new zone 1. In
addition they will be
required to protect all consolidated extra boards and all other
assignments that have a home terminal on duty point within thirty
miles of the Portland Terminal limits.
I.
When a permanent Zone 1 prior right vacancy exists at a
point inside the thirty mile limit it shall be filled as follows:
1.
The senior prior right applicant shall be assigned.
If no applicant, and a reserve board exists with prior
right engineers on the reserve board, then the junior prior right
reserve board engineer shall be recalled in accordance with the
reserve board provisions of the surviving CBA.
2.
If no prior right applicant and no prior right engineer on
a reserve board, then the senior applicant with prior rights on
another area, shall be assigned unless that applicant is required
to fill a prior right assignment on his/her prior right area.
3.
If no applicant with prior rights in another area then the
junior reserve board engineer with prior rights in another area
shall be recalled in accordance with the reserve board provisions
of the surviving CBA.
4.
If no such engineer on a reserve board then the senior
common engineer who makes application shall be assigned.
If none then the senior demoted engineer shall be recalled.
If none then the junior engineer from the protecting extra
board shall be assigned.
J.
When a permanent
Zone 1 common vacancy exists at a point inside the thirty
mile limit it shall be filled as follows:
1.
The senior applicant with any prior rights from the
dovetail roster shall be assigned.
2.
If none, then the junior prior right engineer on all
reserve boards shall be recalled
in accordance with the reserve board provisions of the surviving
CBA.
3.
If none, then the senior applicant with common rights shall
be assigned. If none,
then the senior demoted engineer shall be recalled.
If none, then the junior engineer from the protecting extra
board shall be assigned
K.
When a permanent Zone I vacancy exists at a point outside
the thirty mile limit it shall be filled as follows:
1.
The senior prior right applicant shall be assigned.
2.
If none, then the junior
engineer on a reserve board who holds prior rights to that
assignment shall be recalled
in accordance with the reserve board provisions of the
surviving CBA.
3.
If none, then the senior applicant not holding prior rights
to the assignment shall be assigned.
4.
If there are no engineers on a reserve board who hold prior
rights to the vacancy and no other applicants,
then the senior engineer who is demoted (prior rights to
the assignment or common) shall be recalled and assigned to the
vacancy.
5.
If there are no applicants and no prior right reserve board
or common demoted engineers, a protecting extra board engineer is
forced to the assignment. When
selecting the junior engineer on the extra board,
those
engineers with prior rights on another area shall not beconsidered
as the junior engineer. In
this case the junior engineer who can be forced to the assignment
will be assigned. That
extra board position (the one within the thirty mile limit) may
then be filled by recalling an engineer on a different reserve
board.
Example:
An assignment on the Albany road switcher (SP prior right)
goes no bid. If there
are any former SP engineers on a reserve board they shall be
recalled and the assignment filled through the displacement
process. If none on a
reserve board then the senior demoted engineer who holds rights to
the assignment (prior right or common) shall be recalled.
If none in that status, then the junior former SP engineer
on the protecting extra board (Eugene) shall be assigned with an
SP engineer on the Portland extra board filling the Eugene extra
board if that position also goes no bid.
The junior reserve board engineer on the UP 1st and 2nd
District reserve boards shall then be recalled for the filling of
the Portland extra board vacancy if that position goes no bid.
NOTE:
If engineers are on the bump board with vacancies pending,
CMS may review their prior right status and other eligibility of
these engineers prior to proceeding with the above steps.
L.
The thirty mile limit restrictions, in (H) above, on force
assigning shall be eliminated on the same day that all prior
rights are eliminated. Effective
that day the provisions of Article II (H),(I),(J) and (K) shall no
longer apply. The
application and vacancy provisions of the controlling CBA shall
govern at that time. When
prior rights are eliminated, engineers will be required to protect
all assignments in Zone 1.
M.
For the first 48 month period that the yard prior rights
are in effect, the
Portland yard assignments shall be prior righted on an
80(UP)/20(SP)% basis. The
next 24 months shall be on a 40/10 basis.
When possible, the 80/20 or 40/10 will be filled using the
current geographical assignment basis, with the SP protecting
Brooklyn assignments up to 20/10 % of the total and the UP
protecting all other Portland terminal assignments.
When it is not possible to fill on this basis then the
following shall govern:
1.
If a reduction is made in one area and it is necessary to
designate an assignment in another area, the first such assignment
shall be on a daylight shift, the second on the afternoon shift
and the third on the night shift and so forth.
2.
The representative from the area being designated shall
select the assignment on the first and third shift and the
representative from the area losing the assignment shall select
the assignment on the second shift.
If only one representative then the General Chairman shall
make the selection.
Example:
Several assignments are reduced at Brooklyn and it is
necessary to designate three assignments in the UP area as SP
assignments. The UP
representative shall select which assignments become SP on the
first and third shifts and the SP representative shall select the
assignment on the second shift.
3.
If assignments are later reestablished in the former area
then they shall be redesignated in accordance with (M) above.
4.
The parties recognize that at the time of implementation
that the numbers may not be 80/20.
If not, the parties will not automatically designate jobs
in another area but will wait until assignments are reduced or
added after implementation. Attachment
“A” shows the chart that will be used.
N.
During the six year period there shall be a separate
reserve board (total of three) for each of the three prior right
seniority areas. After
the prior rights are eliminated there shall only be one reserve
board for Zone 1. While
the reserve board provisions of the controlling CBA will govern,
should a surplus of engineers develop, the Carrier may
use the opportunity to familiarize employees on other
assignments in addition to using reserve boards when not needed in
train service. This
would apply to those pre October 1, 1997 engineers when protected.