PB
- 90154
MERGER
IMPLEMENTING AGREEMENT
(Portland
Hub)
Zones
2 and 3
between
UNION
PACIFIC RAILROAD COMPANY
SOUTHERN
PACIFIC TRANSPORTATION COMPANY
and
BROTHERHOOD
OF LOCOMOTIVE ENGINEERS
In
Finance Docket No. 32760, the Surface Transportation Board approved
the merger of the Union Pacific Corporation, Union Pacific Railroad
Company/Missouri Pacific Railroad Company (hereinafter, collectively
referred to as "Carrier" or "UP") and Southern
Pacific Rail Corporation, Southern Pacific Transportation Company, St.
Louis Southwestern Railway Company, SPCSL Corp., and the Denver &
Rio Grande Western Railroad Company (Hereinafter, collectively
referred to as "SP"). In approving this transaction, the STB
imposed New York Dock labor protective conditions.
Pursuant
to New York Dock, and to achieve the public transportation
benefits and operational changes made possible by this transaction,
IT IS AGREED:
I.
PORTLAND HUB ZONES 2 AND 3
New
seniority districts shall be created that encompasses the following
area: UP territory including milepost 182.79 west of Seattle,
Washington, to Eastport, Idaho, on the Spokane International to
milepost 390.0 at Silver Bow, Montana, to milepost (Pocatello sub)
191.80 at McCammon, Idaho, and to milepost (Pocatello sub) 0.64 at
Granger, Wyoming; SP territory from (including) Chemult, Oregon to the
Portland Terminal. The Hub shall be divided into three (3) zones as
follows:
A.
Zone 1 will include operations Chemult north to Seattle and
Portland east to (not including) Hinkle.
NOTE: This Zone
was covered by the Merger Implementing Agreement (Portland Hub) Zone 1
between the Union Pacific Railroad Company and the Brotherhood of
Locomotive Engineers dated August 13, 1998.
B.
Zone 2 will include operations from, and including, Hinkle,
Oregon, to, and including, Huntington, Oregon, and from Hinkle,
Oregon, to and including Eastport, Idaho on the former Spokane
International Railroad.
NOTE: It is the parties' intent herein to include those regular
and extra board positions
governed by the provisions of Article 11, Section B, Paragraphs 5.a.
and 5.b. of the August 13, 1998 Merger implementing Agreement for
Portland Hub Zone 1 into this new Zone 2.
C.
Zone 3 will include operations from, but not including,
Huntington, Oregon, to milepost 390.0 at Silver Bow, Montana, to
milepost 191.80 at McCammon, Idaho (Pocatello Subdivision) and to
milepost 0,64 (Pocatello Subdivision) at Granger, Wyoming.
NOTE:
Zones 2 and 3 shall include all main, branch and/or secondary
lines, yard trackage, industrial leads and all other trackage, leads
and stations between the points identified.
D.
Any trackage or lines, either under lease or sale, that may
be reacquired by UP will be included in the appropriate zone.
II.
SENIORITY INTEGRATION AND CONSOLIDATION
The
following seniority consolidations for Zones 2 and 3 will be made:
A.
1. A new seniority district and master seniority roster shall
be created for Zone
2.
The master roster will be comprised of the following:
a.
Employees holding seniority, or in training, on the UP 3d
Seniority District;
b.
Employees holding seniority, or in training, on the UP 4th
Seniority District;
c.
Employees holding seniority, or in training, on the UP 5th
Seniority District;
d.
Employees holding seniority, or in training, on the UP 9th
Seniority District (former Spokane International Railroad);
e.
Employees holding seniority on the UP Idaho District Seniority
Roster who elect, pursuant to this Agreement, to permanently relocate
to Zone 2; and,
f.
Employees holding engineer seniority in Portland Hub Zone 1 and
assigned to positions governed and protected by Article 11, Section B,
Paragraph 5 of the Merger Implementing Agreement (Portland Hub Zone 1)
between Union Pacific Railroad Company and the Brotherhood of
Locomotive Engineers, dated August 13, 1998, who elect, pursuant to
this Agreement, to permanently remain in Zone 2.
2.
The new master roster shall also include all engineers on the
rosters identified above who are borrowed out to other locations but
who will return to this zone upon their release. The new master roster
will not, however, include engineers from outside Zone 2 who are
borrowed out to locations in Zone 2.
3.
The Zone 2 master roster shall be created as follows:
a.
The engineers identified in Section A, Paragraph 1, above,
shall be dovetailed and placed on the new master Zone 2 seniority
roster based on their current engineer seniority date. Engineers from
the 3rd, 4th, or 9th Seniority Districts will
use their current engineer date on the applicable roster. Engineers
permanently relocating from the Idaho Seniority District will be
dovetailed and placed on the master roster based on their current
engineer seniority date on the Idaho Seniority District. Engineers
permanently relocating from Portland Hub Zone 1 will be dovetailed and
placed on the master roster based on their current Portland Hub Zone 1
engineer seniority date.
b.
If, in the process of placing employees on this roster, several
engineers have identical seniority dates, the ranking of such
engineers will be determined by the following:
i.
If the employees have engineer seniority dates prior to
November 1, 1985, they will be placed on the roster based on their
earliest fireman seniority date on the involved roster. If the
involved engineers have the same fireman seniority date, they shall be
placed in the order of their earliest hire date with Carrier. If their
hire dates are the same, and the procedure(s) set forth in Paragraph
b.ii., below, do not resolve the matter of their roster placement, the
parties shall promptly meet and agree regarding the proper roster
placement and ordering for such employees.
ii.
If engineers from different rosters have the same seniority
date, they shall be placed on the new master roster as follows:
(a)
Pre-November 1, 1985 engineers
[1].
Engineer's date and ranking as an engineer,
[2]. Fireman's date
and ranking as a fireman, Hire date and ranking as an employee.
(b).
Post-October 31, 1985 engineers
[1].
Engineer's date and ranking as an engineer,
[2]. Switchman's/trainman's date and ranking as a
switchman/trainman,
[3].Hire
date and ranking as an employee.
4.
The territory comprising Zone 2 will be divided into two prior
rights sub zones ‑ the "Spokane" sub-zone and the
"Hinkle-LaGrande" sub-zone. The territories comprising these
prior rights sub-zones will be as follows:
a.
"Spokane" sub-zone - Eastport, Idaho to, but, not
including, Ayer, Washington, and all track, lines, yards and
facilities between these locations.
b.
"Hinkle-LaGrande" sub-zone - Hinkle to, and
including, Huntington, Oregon, and, including, Ayer, Washington, and
all track, lines, yards and facilities between these locations.
NOTE
1: The
"Hinkle-LaGrande" sub-zone will also include service to
the utility plant near Boardman, service to
Castle and other points west of Hinkle and dogcatching west
of Hinkle, as well as those assignments with on‑duty points at
Hinkle.
NOTE
2: In
connection with the performance of work by Oregon Fourth or Fifth
Seniority District engineers at, or in the
vicinity of Ayer, it is not the parties' intent to after
existing arrangements. Accordingly, the provisions of Sections 1, 2,
5(a), 5(b) and 6 of the Agreement between the Union Pacific Railroad
Company (Northwestern
District - Oregon Division) and the Brotherhood of Locomotive
Engineers, dated May 22, 1967 ("Supplement No. 13 (O.D.E.-65)
Ayer – Chew Line
Relocation:") are retained and made a part of this Agreement,
except that all references therein to "Fourth Seniority
District" or "Fourth Seniority District engineers"
shall now refer to the Hinkle-LaGrande sub-zone and/or to engineers
either possessing prior rights, or working, in the Hinkle-LaGrande
sub-zone, and all
references therein to "Fifth Seniority District" or
"Fifth Seniority District engineers" shall now refer to the
Spokane sub-zone and/or to engineers either
possessing prior rights, or working, in the Spokane sub-zone.
5.
A prior rights roster will be established for each sub-zone.
Each roster will be established by dovetailing the seniority of the
engineers assigned to the sub-zone. The same seniority date used to
determine placement on the Zone 2 master seniority roster will be used
to determine placement on the applicable sub-zone roster. An employee
may hold a position on only one (1) sub-zone prior rights roster.
a.
Engineers holding seniority, or in training, on the former UP
5th or 9th Seniority District on the date this Agreement is
implemented will be granted prior rights in the Spokane
sub‑zone.
b.
Engineers holding seniority, or in training, on the former UP 4th
Seniority District on the date this Agreement is implemented who
elect, pursuant to this Agreement, to permanently relocate to Spokane
will be granted prior rights in the Spokane sub-zone.
c.
Engineers holding seniority, or in training, on the former UP 4th
Seniority District on the date this Agreement is implemented
(identified on Attachment "B") who elect to not relocate to
Spokane will be granted prior rights, subject to the conditions set
forth in Paragraph 7, below, in the Hinkle‑LaGrande
sub‑zone.
d.
Engineers holding seniority, or in training, on the former UP 3rd
Seniority District on the date this Agreement is implemented will be
granted prior rights in the Hinkle‑LaGrande sub‑zone.
e.
Engineers holding seniority in Portland Hub Zone 1 and assigned
to a position at Hinkle covered by Article 11, Section B, Paragraph 5
of the Merger Implementing Agreement (Portland Hub Zone 1), dated
August 13, 1998, who elect, pursuant to this Agreement, to remain in
Zone 2 will be granted prior rights in the Hinkle‑LaGrande sub
zone.
i.
Engineers covered by Article 11, Section B, Paragraph 5 of the
Portland Hub Zone I Merger Implementing Agreement will be given a
one‑time opportunity to elect to either remain in Zone 2 or
relocate to Portland Hub Zone 1.
ii.
Those engineers who elect to remain in Zone 2 will permanently
relinquish all seniority rights and standing in Portland Hub Zone 1.
iii.
Concurrent with implementation of this Agreement, Article 11,
Section B, Paragraph 5 of the Portland Hub Zone 1 Merger
Implementing Agreement will automatically terminate.
f.
Engineers holding seniority on the Idaho Seniority District and
identified on Attachment "A" who elect, pursuant to this
Agreement, to permanently relocate to Zone 2 will be granted prior
rights in the Hinkle‑LaGrande sub‑zone.
i.
Eligible engineers holding seniority on the Idaho Seniority District
will, prior to implementation of this Agreement, be given a
one‑time opportunity to elect to either remain in Zone 3 or
permanently relocate to Zone 2.
ii.
Eligible employees who elect to permanently relocate to Zone 2 will
relinquish all seniority rights in Zone 3.
NOTE:
If in the process of ranking employees on the sub‑zone
prior rights roster, several employees have identical
seniority dates, the roster order for such employees will be
determined in accordance with Paragraph 3.b of this Article 11,
Section A.
6.
Employees acquiring engineer seniority on Zone 2 subsequent to
the date this Agreement is implemented will not be assigned prior
rights in the Spokane or Hinkle‑LaGrande sub‑zones and
will be considered as common Zone 2 engineers.
7.
Former UP 4 th Seniority District engineers identified on
Attachment "B" shall be given prior rights to assignments
originating in the territory comprising the former UP 4 Seniority
District. Such engineers shall be obligated to exhaust the prior
rights afforded by this Paragraph 7 prior to exercising engineer
seniority outside the UP 4 t Seniority District territory.
8.
New positions and/or permanent vacancies in Zone 2 for which
there are no bidders/applicants will, subject to Paragraph 7, above,
be assigned or filled as follows:
a.
Assign the senior demoted engineer who is working in that
sub‑zone or an engineer obligated under Paragraph 7, above.
b.
Assign the junior engineer on the protecting extra board in that sub
zone.
c.
Assign the senior demoted engineer who is working outside that sub
zone.
NOTE:
Existing Idaho Agreement provisions governing the filling of
new positions or permanent vacancies will continue to apply for
filling new positions and permanent vacancies in Zone 3.
9.
Existing agreement rules and arrangements governing prior
rights for engineers in the territory comprising Zone 2 are, effective
with implementation of this Agreement, superseded by the provisions
set forth herein.
B. 1.
The existing UP Idaho Seniority District roster shall become the Zone
3 master seniority roster. This roster shall include all engineers on
the Idaho Seniority District roster except for those engineers who
elect, pursuant to this Agreement, to relocate to Zone 2. Engineers
who elect to permanently relocate to Zone 2 pursuant to this Agreement
will have their names removed from this roster. This roster shall also
include all engineers presently listed thereon who may be borrowed out
to other locations who will return to this zone upon their release.
Similarly, engineers from outside Zone 3 who are borrowed out to
locations within Zone 3 will not be included on this roster.
2.
The engineers identified on Attachment "A" of this
Agreement will, subject to the terms and conditions set forth herein,
retain the right to exercise their Zone 3 engineer seniority to
"Nampa" positions in the LaGrande – Nampa through freight
pool.
3.
New
positions or permanent vacancies for which Nampa is the source of
supply, other than "Nampa" positions in the LaGrande - Nampa
pool, for which there are no bidders/applicants shall be filled as
follows:
a.
Force assign the senior demoted engineer identified on
Attachment "A"
working in the area for which Nampa is the source of supply.
b.
Force assign the senior demoted engineer identified on
Attachment "A. "
c.
Force assign the junior engineer identified on Attachment
"A" assigned to a "Nampa" position in the LaGrande
- Nampa pool.
NOTE:
A vacancy resulting on a "Nampa" position in the
LaGrande - Nampa pool from assignment of an engineer listed on
Attachment "A" to another vacancy at Nampa will be filled on
a temporary basis by a Zone 2 engineer. It is not intended that in
these circumstances the involved position will be permanently
transferred to Zone 2. The engineer assigned to the other Nampa
vacancy may "reclaim," seniority permitting, the
"Nampa" pool position once he or she is displaced from that
other position (and is not needed/used on another Nampa vacancy) or
the position is abolished.
C.
Engineers placed on the Zone 2 master seniority roster shall
relinquish all seniority outside the territory comprising Zone 2.
Likewise, all seniority inside Zone 2 held by engineers outside Zone 2
shall be eliminated.
D.
Engineers placed on the Zone 3 master seniority roster shall
relinquish all seniority outside the territory comprising Zone 3.
Likewise, all seniority inside Zone 3 held by engineers outside Zone 3
shall be eliminated.
NOTE:
This Paragraph D
shall not serve to eliminate or restrict the seniority rights or
obligations, as established by this Agreement, of engineers identified
on Attachment "A." Likewise, this Paragraph D is not
intended to limit or restrict such engineers' right(s) to exercise
their seniority to Zone 3 positions.
E.
Subject to applicable provisions of this Agreement, engineers
on an authorized leave of absence, holding official positions ‑
i.e., company officers ‑ or dismissed from service and later
reinstated will be placed on the appropriate master roster (Zone 2 or
Zone 3). The parties will create an inactive roster for such engineers
until they return to service in either Zone 2 or Zone 3, at which time
they will be placed on the appropriate master seniority roster and
removed from the inactive roster.
III.
THROUGH FREIGHT POOL OPERATIONS
A.
Through freight pool operations in Zone 2 will be governed, in
relevant part, by the following:
1
.
Spokane - Eastport
Unassigned
through freight (pool) service may be established between Spokane and
Eastport. Spokane will be the home terminal.
2.
Spokane - Hinkle
a.
The current Spokane - Hinkle (Hinkle - Spokane) freight service
is assigned through freight service. Upon implementation of this
Agreement, unassigned through (pool) freight service may be
established between Spokane and Hinkle. Spokane will be the home
terminal. Hinkle will, however, be retained as a home terminal for the
former UP 4th Seniority District engineers listed on Attachment
"B" until such time as one of the conditions set forth in
Paragraph 2.b.(i), below, is met.
b.
Existing Agreement provisions governing assignment and
allocation of positions between the UP 4th and 5th Seniority District
engineers for the Spokane‑Hinkle run will, subject to the
provisions of this Agreement, be retained and continue to apply to the
Spokane ‑ Hinkle through freight pool operation until such time
as Hinkle ceases to be a home terminal for this run.
(i)
Hinkle will cease to be a home terminal and all applicable
Agreement provisions and practices governing former UP 4th Seniority
District engineers rights or participation in this pool, including
provisions governing allocation of work or assignments between the UP
4" and 5th Seniority Districts, will automatically terminate and
be of no future force or effect when one of the following
occurs:
(a)
The employees identified on Attachment "B" have
attrited or severed their employment relationship with Carrier; or,
(b)
All positions in the Spokane ‑ Hinkle through freight
pool are permanently assigned at Spokane.
(ii)
Only engineers identified on Attachment "B" may
exercise their seniority to, and will be obligated to protect,
"Hinkle" positions in this pool. Employees holding seniority
on the Zone 2 master roster or the Hinkle-LaGrande sub‑zone
roster not listed on Attachment "B" are not eligible to
exercise their seniority to "Hinkle" positions in this pool.
(iii)
The home terminal for employees working in this pool and
assigned to the "Hinkle" positions will be at Hinkle.
(iv)
A "Hinkle" position not filled by an employee listed
on Attachment "B" will be filled by application at Spokane
and filled in accordance with applicable Agreement provisions. A
permanent vacancy on a "Hinkle" position not filled or
protected by an employee identified on Attachment "B" will
be filled by application at Spokane and filled in accordance with
applicable Agreement provisions.
(v)
Temporary vacancies on "Hinkle" positions in the
Spokane Hinkle through freight pool will be protected by the Hinkle
road extra board or, if the Hinkle extra boards are consolidated, the
Hinkle consolidated road/yard extra board.
(vi)
For each UP 4 th Seniority District engineer identified on
Attachment "B" who elects, pursuant to this Agreement, to
permanently relocate to Spokane, one (1) "Hinkle" position
in the Hinkle ‑ Spokane pool will be permanently transferred to
Spokane. Accordingly, the number of positions in this pool designated
as "Hinkle" positions in this pool will be correspondingly
reduced and the applicable pool pro ration percentages will also be
proportionately reduced.
NOTE:
UP 4th Seniority District engineers relocating to Spokane will, as set
forth in Article 11, be given Spokane sub‑zone prior rights.
Said engineer will not, however, be granted prior rights to the
"Hinkle"
pool position transferred to Spokane in accordance with this Paragraph
(vi).
(vii)
Regulation of this pool will, except as set forth herein, be
conducted in accordance with applicable Agreement rules, BLE will
designate one (1) employee member or representative who will be
responsible for monitoring mileage, determining necessary pool
adjustments and coordinating such adjustments with appropriate Carrier
officials. BLE's representative will perform such duties for both home
terminals in this pool until the Hinkle home terminal ceases to exist.
c.
An engineer identified on Attachment "B" who elects,
pursuant to this Agreement, to permanently relocate to Spokane will
relinquish the prior rights established pursuant to Article 11,
Section A, Paragraph 7 of this Agreement.
3.
LaGrande - Hinkle
LaGrande
will be the home terminal.
4.
LaGrande - Nampa
a.
LaGrande will be the home terminal, except that Nampa will be
retained as a home terminal for those Idaho
Seniority District engineers identified on Attachment
"A" until one of the conditions set forth in Paragraph 4.b.(i),
below, is met.
b.
Existing
Agreement provisions governing assignment or allocation of work in the
LaGrande ‑ Nampa pool between UP 3rd Seniority District and
Idaho Seniority District engineers will, subject to the provisions
and/or modifications set forth below, be retained until such time as
Nampa ceases to be a home terminal for this run.
(i)
Nampa will permanently cease to be a home terminal and all applicable
Agreement provisions, practices and/or arrangements governing Idaho
Seniority District engineers' rights to and participation in this pool
will automatically terminate when one of the following occurs:
(a)
The engineers identified on Attachment "A" have
either (1) attrited, (2) are no longer in active service as an
engineer with Carrier or (3) their names have been removed from
Attachment "A" in accordance with Article 111, Section A,
Paragraphs 4.b.(vii) and (viii).
(b)
All "Nampa" positions in the LaGrande ‑ Nampa
through freight pool are permanently held by Zone 2 engineers.
NOTE:
Application of this Paragraph (b) is not intended to supersede
or nullify the provisions set forth in the Note contained in Article
11, Section B, Paragraph 5. Accordingly, through freight positions at
Nampa will be deemed as permanently held by a Zone 2 engineer when
there are no engineers
on Attachment "A" who can "reclaim" a Nampa
pool position.
(c)
If twenty (20) Idaho Seniority District engineers permanently
relocate to Zone 2 in conjunction with implementation of this
Agreement.
Once
Nampa has ceased being a home terminal for this pool, LaGrande will be
the only home terminal. Once Nampa ceases to be a home terminal, all
rights and obligations of former Idaho Seniority District engineers to
hold, protect or participate in the work performed in the LaGrande
‑ Nampa through freight pool shall, except for performing
hours‑of‑service relief out of Nampa, automatically
terminate.
(ii)
Except as modified by this Agreement, this pool shall continue to
operate as it presently operates pending an agreement on necessary
final provisions pertaining to the eventual elimination (attrition) of
Nampa as a home terminal. Within the next one hundred twenty (120)
days, the parties will meet and agree regarding the operation of this
pool and the attrition of the rights, obligations and participation in
this pool of Zone 3 Attachment "A" engineers. This
transition and attrition shall be governed, in addition to that set
forth elsewhere in this Agreement, by the following:
(a)
The engineers identified on Attachment "A" will be
required to protect all other 'assignments whose source of supply is
Nampa (including the extra board at Nampa) prior to protecting
"Nampa" turns in the LaGrande ‑ Nampa pool. Absent
bids or requests from Zone 3 engineers, junior engineers in the Nampa
‑ LaGrande pool may be removed from this pool and placed on such
other assignments. Pool turns vacated by engineers on Attachment
"A" to fill such other assignments will be temporarily
filled/protected by Zone 2 engineers at LaGrande. When removed from
their pool turns to protect these other vacancies/positions, the
involved engineer(s) will, for purposes of applying New York Dock, be
considered as having occupied the highest paying assignment.
NOTE:
Application of this Paragraph (a) is not intended to supercede or
nullify the provisions set forth in the Note contained in Article
11, Section B, Paragraph 3. Accordingly, through freight
positions at Nampa will be deemed as permanently held by a Zone 2
engineer when there are no engineers on Attachment "A" who
can "reclaim" a Nampa pool position.
(iii)
Regardless of the number of positions assigned in the LaGrande ‑
Nampa pool, application of Agreement provisions governing
apportionment of work between former 3rd Seniority District and Idaho
Seniority District engineers eligible for assignment in this pool
‑‑ i.e., engineers on Attachment "A" ‑shall
not result in more than twenty (20) positions at Nampa being allocated
in this pool for Zone 3 engineers identified on Attachment
"A."
(iv)
Only those engineers identified on Attachment "A" may
exercise their seniority to new or vacant positions in this pool.
Engineers holding seniority on the Zone 2 master seniority roster or
on the Zone 3 master roster but not listed on Attachment "A"
are not eligible to exercise their seniority to "Nampa"
positions in the pool.
(v)
Any new position or permanent vacancy at Nampa in this pool
that is not filled by engineers identified on Attachment "A"
will be filled as a new position or permanent vacancy at LaGrande by
engineers holding seniority on the Zone 2 master seniority roster.
NOTE:
It is the parties' intent that engineers identified on
Attachment "A" shall retain the right to the
"Nampa" positions in this pool until such time as the last
engineer's name is attrited or removed therefrom.
(vi) Vacancies
in this pool at Nampa will be protected by the Nampa extra board until
such time as Nampa ceases to be a home terminal. Thereafter, such
vacancies will be protected by the extra board at LaGrande.
(vii)
Engineers identified on Attachment "A" of this
Agreement who voluntarily exercise their seniority to a position for
which Nampa is not the source of supply ‑ i.e., to a position
east of Glenns Ferry ‑ shall have their names removed from
Attachment "A" and automatically and permanently forfeit all
seniority rights attendant thereto.
(viii)
An engineer identified on Attachment "A" who is force
assigned to an engineer job for which Nampa is not the source of
supply must submit a written application, with copy to the Local
Chairman, for a position or permanent vacancy in the pool at Nampa
upon his/her assignment to that position. If such application is not
submitted, or the employee does not accept the assignment to the
position in the Nampa pool, the employee will have his/her name
removed from Attachment "A" and automatically and
permanently forfeit all seniority rights attendant thereto.
NOTE:
This Paragraph (viii) shall apply only to the engineer on
Attachment "A" who would have
been the successful bidder/applicant had he or she submitted
such bid or application and not
to other junior engineers on Attachment "A."
C.
For each Idaho Seniority District engineer identified on
Attachment "A" who elects, pursuant to this Agreement, to
permanently relocate to Zone 2, one (1) "Nampa" position in
the LaGrande ‑ Nampa pool will be permanently transferred to
LaGrande (Zone 2). Accordingly, the number of positions in this pool
designated as "Nampa" positions will be correspondingly
reduced and the applicable pool pro ration percentage will also be
proportionately reduced.
NOTE:
Idaho Seniority District engineers relocating to Zone 2 will,
as set forth in Article 11, be given Hinkle‑LaGrande
sub‑zone prior rights. Said engineer will I not, however,
be granted prior rights to the "Nampa" pool position
transferred to Zone 2 in accordance with this Paragraph c.
d.
Regulation of this pool will, except as set forth herein, be conducted
in accordance with applicable Agreement rules. BLE will designate one
(1) employee member or representative who will be responsible for
monitoring mileage, determining necessary pool adjustments and
coordinating such adjustments with appropriate Carrier officials.
BLE's representative will perform such duties for both home terminals
in this pool until the Nampa home terminal ceases to exist.
B.
Zone 3 pool freight operations will, except as specifically set
forth herein, remain unchanged and will continue to be governed by
existing Idaho collective bargaining agreement provisions and
practices.
C.
New through freight pool operations not covered in this
Implementing Agreement between hubs or zones will be handled per
Article IX of the 1986 BLE National Implementing Award.
IV.
EXTRA BOARDS
A.
The following shall govern, in relevant part, the
administration and operation of extra boards in Zone 2:
1.
Spokane
a.
Carrier may establish a single consolidated extra board at
Spokane.
NOTE
1:
Carrier may consolidate the extra board at Spokane by the
serving of a sixty (60)‑day advanced written notice.
NOTE
2:
If implementation of a consolidated extra board at Spokane is
postponed, two extra boards at Spokane will be established ‑ (1)
a "north" extra board to protect vacancies, service and
hours‑of‑service relief
on the territory between, and including, Spokane and Eastport,
including Trentwood; and, (2) a "south" extra
board to protect vacancies, service and hours‑of
service relief between (excluding) Spokane and
(excluding) Ayer.
This
extra board shall protect service and vacancies, including
hours‑of‑service relief, in the territory presently
protected by the two existing extra boards at Spokane, including those
protected by the Spokane International Railroad extra board.
2.
Hinkle
a. Upon sixty (60) days advanced written notice, Carrier may
establish a single consolidated extra board at Hinkle.
b.
This extra board will protect service at/from Hinkle, including
service to/from Castle and the utility plant near Boardman and
hours-of-service relief into Hinkle or to/from a location closer to
Hinkle than any other extra board, in all directions out of Hinkle.
Additionally, this extra board will protect service on non-through
freight assignments originating in the territory comprising the former
UP 4th Seniority District.
NOTE:
It is not intended this extra board be used to protect
service at The Dalles or to supplant service performed by Zone 1
engineers at The Dalles. Accordingly, an extra engineer assigned
to this extra board will not be used west of the east switch at
The Dalles.
3.
LaGrande
a.
There shall be a single consolidated extra board at LaGrande.
b.
This extra board shall protect all service, including hours-of-service
relief, in all directions, subject to Article IV, Section B, Paragraph
2, below.
B.
The following shall govern, in relevant part, the
administration and operation of extra boards in Zone 3:
1.
Zone 3 extra board administration and/or operations will, except as
specifically set forth in this Agreement, remain unchanged and will
continue to be governed by existing collective bargaining agreement
provisions and practices,
2.
Nampa
a.
There shall be a single extra board at Nampa. This extra board
will protect service and vacancies between Glenns Ferry and Huntington
and hours‑of‑service relief at or east of Huntington.
b.
For as long as Nampa remains a home terminal for the LaGrande
‑Nampa through freight pool, this extra board will protect pool
freight vacancies at Nampa. Once Nampa ceases to be a home terminal,
all vacancies in this pool will be protected by the LaGrande extra
board.
- This
Article IV is not intended, except as set forth in this Agreement
and specifically those provisions that govern filling of positions
and protecting vacancies in the LaGrande ‑ Nampa pool, to
permit Carrier to use extra Zone 2 engineers to protect Zone 3 or
Zone 1 vacancies, extra Zone 3 engineers to protect Zone 2 or Zone
1 vacancies, or extra Zone 1 engineers to protect Zone 2 or Zone 3
vacancies.
V.
TERMINAL AND OTHER CONSOLIDATIONS
A.
Except as set forth in Paragraph B, below, there are no changes
in terminal limits or other consolidations contemplated for yards in
Zones 2 and 3.
B.
Existing collective bargaining agreement provisions, either in
the former "Oregon" collective bargaining agreement or the
Spokane International Railroad collective bargaining agreement,
governing the pro ration of work between the UP 5th
Seniority District and the UP 9th Seniority District (former Spokane
International Railroad) for extra boards at Spokane shall be
eliminated and of no force or effect.
VI.
AGREEMENT COVERAGE
A.
General Conditions for Terminal Operations
1
. Initial
delay and final delay will be governed by the controlling collective
bargaining agreement, including the Duplicate Pay and Final Terminal
Delay provisions of the 1986 and 1991 National and Implementing
Agreements and awards.
2.
Engineers will be transported to/from their trains and/or
to/from their designated on/off duty point in accordance with Article
VI I I, Section 1 of the May 1986 National Agreement. Carrier shall
designate the on/off duty points for engineers.
3.
The current application of National Agreement provisions
regarding road work and hours‑of‑service relief under the
combined road/yard service zone shall continue to apply. Yard crews at
any location within Zones 2 and 3, may perform such service in all
directions out of their terminal.
B.
General Conditions for Pool Operations
The
terms and conditions for pool operations in the territories comprising
Zones 2 and 3 shall be those of the surviving collective bargaining
agreement, as modified by applicable National Agreements, awards and
implementing documents, and those set forth elsewhere in this
Agreement, including Attachment "C," and below.
1.
Short Turnaround Service and Hours of Service Relief. Short
turnaround service and hours of service relief at both home and away
from home terminals
(a)
may be handled by extra boards at the away from home terminal,
and,
(b)
shall be handled by extra boards at the home terminals, if extra crews
are available, prior to using pool crews. Engineers used for this
service may be used for multiple trips in one tour of duty in
accordance with the designated collective bargaining agreement rules.
(c)
Extra boards may handle this service in all directions out of a
terminal.
2.
Nothing in this Agreement prevents or precludes the use of
other employees/crews to perform work currently permitted by
prevailing agreements; including, but not limited to yard crews
performing hours‑of -service relief within the road/yard
service zone, interdivisional service or pool crews performing service
and deadheads between terminals, road switchers handling trains within
their zones and/or using an engineer from a following train to work a
preceding train. Payments required by the controlling collective
bargaining agreement shall continue to be paid when this work is
performed.
3.
Item Nos. 2, 3 and 4 of Appendix D" of the Yahk, B. C.
Agreement, effective September 26, 1955, will be retained and
applicable only for the former Spokane International Railroad
engineers identified below:
(For
security reason – SSN have not been reproduced…PDS)
a.
E.J.Johnson
b.
R. M. McElroy
c.
T. J. Osburn
d.
M. 0. Wood
e.
L. M. Bickford
f.
A. L. Dauenhauer
g.
L. W. Dorsey
h.
N, L. Knapp
i .
T. H. Baker
j.
J. L. Thome
k.
J. L. Sheridan
l.
D. D. Davis
Item
Nos. 2, 3 and 4 of Appendix D" of the Yahk, B.C. Agreement,
effective September 26, 1955, reads as follows:'
"2.
Crews operating through Eastport on turnaround run from Bonners
Ferry, Idaho, to Eastport to Bonners Ferry shall be given an arbitrary
allowance of one (1) hour in addition to all other compensation.
"3.
Crews operating to Eastport as a terminal will be given an
arbitrary allowance of one-half
(1/2) hour for operating into Eastport and one-half
(112) hour for operating out of Eastport in addition to all of their
compensation.
"4
The arbitrary allowance shall apply to freight trains and not
to snow plows or work-trains. "
4.
The constructive mileage payment set forth in Rules 31 and 105
of the "Oregon" Collective Bargaining Agreement (also
referred to as the 11 mountain differential") is retained and
will be applicable only for those engineers holding seniority as an
engineer or trainman on the Oregon 3rd Seniority District
on or before October 31, 1985, This payment will not be made to other
engineers holding seniority on the Zone 2 and Zone 3 master seniority
rosters.
a.
Pursuant to Paragraph 4, above, the following engineers are
eligible for the constructive mileage payment set forth in Rules 31
and 105:
(For
security reason – SSN have not been reproduced…PDS)
i.
J. L. Goben
ii.
L. C. Batty, Jr.
iii,
G. R. Spencer
iv.
J. R. Folsom
V.
R. C. Springer
vi.
R. L. Bork
vii.
L. 1. Knouse
viii.
M. W. Wall
ix
M, E. Halsey
X.
D. H. McClay
A.
H. G. Stockhoff
xii,
B. R. Rollins
xiii.
R. J. Small
xiv.
L. G. Schaures
xv.
B. W. Jones
xvi.
D. A. Thurner
xvii.
M. S. Nelson
xviii.
G. A. Pfnister
xix.
G. J. Davrainvill
XX
G. T. Schwirse
xxi.
J. D. Evans, Jr.
xxii.
R. R. Broylescarr
xxiii.
T. R. Gerlach
xxiv.
D. L. Huntsman
xxv.
R. D. Bowen
xxvi.
H. J. Morgan
xxvii.
E. G. Marcum
xxviii.
B. L. Jenkins
xxix.
H. K. Montgomery
XXX
D. S. Horstman
xxxi.
C. B. Sherrow
xxxii.
M. P. Adams
xxxiii.
C. E. Anderson
xxxiv,
C. H. Lamoreaux
xxxv.
R. D. Hoverson
xxxvi.
R. D. Collins
xxxvii.
R. C. Aldred
xxxviii.
M. L. Oliver, Jr.
xxxix.
G. R, Quick
X1.
R. L. McDonald
xIi.
B. K. Clark
xIii.
R. C. Hawker
xIiii.
L. L. Jenkins
xliv.
R. D. Payant
Av.
C. C. Rasmussen
xIvi.
P. T. Nelson
x1vii.
A. L. Beickel
x1viii.
E. F. True
Aix
C. R. Woodward
Ix
K. P. Fricke
Ixj'
P. L. Lafferty
Ixii.
B. J. Davison
Ixiii.
J. C. Wise
Ixiv.
G. R. Baker
1xv.
G. A. Foster
1xvi,
M. J.Gilleese
1xvii.
M. L. Goodwin
1xviii.
S. D. Long
Ixix
K. K. Karnowski
lxx
J. E. Jacobs, III
Ixxi.
C. W. Johnson
lxxii.
J. M. Chambers
Ixxiii.
D.D.Buhmann
Ixxiv.
R. L. Eardensohn
Ixxv.
J. P. Downey
Ixxvi.
J. Herrera
Ixxvii.
B. D. Roberts
Ixxviii.
C. R. Moore
Ixxix.
J. E. Delisle
lxxx.
R.H.Roe
Ixxxi.
W. D. Hutchins
lxxxii,
B A. McDonald
Ixxxiii.
D.D.Poe
lxxxiv.
D. E. Powell
Ixxxv.
J. C. Aycock
lxxxvi.
G. D. King
Ixxxvii.
R. H. Brown
Ixxxviii.
M, W. Sirrine
lxxxix.
M. E. Spaulding, Jr.
lxxxx
J. R. Petersohn
lxxxxi.
B. K. Roe
lxxxxii.
G. A. Gabriel
lxxxxiii.
R. W. Simonis
lxxxxiv,
T. S. Dewald
lxxxxv.
W. A. Dewald
lxxxxvi.
R. B. Rasico
lxxxxvii.
S. A. McCoy
lxxxxviii.
R. L. Shenfield
lxxxxix.
T.F.Zander
lxxxxx.
R. D. Alexander
lxxxxxi.
L. L. Picker
lxxxxxii.
J. D. Skyles
b.
Engineers not identified in Paragraph 4.a., above, will be paid
the applicable line miles for their working trip.
5.
The existing "Oregon" Collective Bargaining Agreement
provision(s) providing constructive miles for certain engineers
working in through freight service between Spokane and Hinkle shall be
retained and continue to apply for those engineers eligible for such
payments on the day prior to implementation of this Agreement.
Specifically, said constructive miles will be paid as follows:
a.
The following engineers will, when working in through freight
service between Spokane and Hinkle, be paid 198 miles for their
working trip.
(For
security reason – SSN have not been reproduced…PDS)
i.
R. J. Cantrell
ii.
J. T. Carlyle
iii.
D. V. Baker
iv.
B. R. McKillip
V.
R. J. Kennedy
vi.
D. D. Hulbert
vii.
R. L. Billings
viii.
M. D. Barkdull
ix.
J, M. Jones
X.
T. H. Baker
xi.
E.J.Johnson
xii.
R. M. McElroy
xiii.
T. J. Osbum
xiv.
M. 0. Wood
xv.
L. M. Bickford
xvi.
A. L. Dauenhauer
xvii.
L. W. Dorsey
xviii.
N.L.Knapp
b.
Engineers not identified in Paragraph 5.a., above, will be paid
187 line miles for their working trip.
6.
The existing Nampa - LaGrande interdivisional service agreement
provision(s) providing constructive miles for certain engineers
working in through freight service between LaGrande and Nampa shall be
retained and continue to apply for those engineers eligible for such
payments on the day prior to implementation of this Agreement.
Specifically, said constructive miles will be paid as follows:
a.
The following engineers will, when working in through freight
service between LaGrande and Nampa, be
paid 188 miles for their working trip (run):
(For
security reason – SSN have not been reproduced…PDS)
i.
J. L. Goben
ii.
L. C. Batty, Jr.
iii.
G. R. Spencer
iv.
J. R. Folsom
V.
R. C. Springer
vi.
R. L, Bork
vii.
L. 1. Knouse
viii.
M. W. Wall
ix.
M. E. Halsey
X.
D. H. McClay
A.
H. G. Stockhoff
xii.
J, D. Skyles
xiii.
B. R. Rollins
xiv.
R, J. Small
xv.
L. G. Schaures
xvi.
L, L. Ward
xvii.
E. H. Robertson
xviii.
T. W. Gough
xix.
G. E. Wilson
b.
Engineers not identified in Paragraph 6.a., above, will be paid
182 line miles for their working trip.
7.
Existing through freight pools in Zones 2 and 3 shall be
governed by, but not limited to, the same ITD, FTD, HAHT and overtime
rules (see Attachment "C"). Rules for future runs that are
created pursuant to Article IX notices or other applicable National
Agreement provisions shall be determined at that time and this
provision shall set no precedence for future runs.
C.
Engineers working in Zones 2 and 3 shall be governed by the
Agreement between the Union Pacific Railroad Company and the
Brotherhood of Locomotive Engineers, effective January 1, 1977,
(commonly referred to as the "Idaho
Agreement"),
including the provisions set forth herein, all addenda and side letter
agreements pertaining to that agreement and all previous National
Agreement/Award/Implementing Document provisions still applicable.
Except as provided herein, the system and national collective
bargaining agreements, awards and interpretations shall prevail. None
of the provisions of these agreements are retroactive.
D.
In addition to the above, the following will govern in the area
covered by this agreement:
Twenty-Five
Mile
Zone - At all home
and away from home terminals, both inside and outside the Hub, pool
crews may receive their train up to twenty-five miles on the far side
of the terminal and run on through to the scheduled terminal. Crews
shall be paid an additional one-half (1/2) basic day for this service
in addition to the miles run between the two terminals. If the time
spent in this zone is greater than four (4) hours, then they shall be
paid on a minute basis.
NOTE:
The "Twenty-Five Mile Zone" provision shall be
applicable only at those locations where there is a reciprocal or
similar arrangement inthe adjoining hub or location. For example, a
Pocatello – Green River through freight crew may not be used in a
twenty-five mile- zone east of Green River because there is not a
similar or reciprocal
"Twenty-Five Mile Zone" agreement/arrangement at Green
River.
VII.
PROTECTION
A.
Due to the parties voluntarily entering into this Agreement,
Carrier agrees to provide New York Dock wage protection
(automatic certification) to engineers listed on the Portland Hub Zone
2 or Zone 3 Master Seniority Rosters and working on an assignment as
an engineer in said zones on the date this Agreement is implemented
and to those engineers covered by Article 11, Section B, Paragraphs
5.a. and 5.b. of the August 13, 1998 Merger Implementing Agreement for
Portland Hub Zone 1. This protection will start with the effective
(implementation) date of this agreement. The engineers must comply
with the requirements associated with New York Dock conditions
or their protection will be reduced for such items as layoffs,
bidding/displacing to lower paying assignments when they could hold
higher paying assignments, etc. Protection offsets due to
unavailability are set forth in the Questions and Answers and Side
Letter #1 of this Agreement and in the New York Dock conditions.
B.
This protection is wage only and hours will not be taken into
account.
C.
Engineers required to relocate under this agreement will be
governed by the relocation provisions of New York Dock, Those
required to relocate to Zone 2 or the Spokane sub‑zone may
elect, "in lieu" of New York Dock provisions, one of the
following options:
1
. Non-homeowners
may elect to receive an "in lieu of" allowance in the amount
of $10,000 upon providing proof of actual relocation.
2.
Homeowners may elect to receive an "in lieu of"
allowance in the amount of $20,000 upon providing proof of actual
relocation.
3.
Homeowners in Item 2 above, who provide proof of a bona fide
sale of their home at fair value at the location from which relocated,
shall be eligible to receive an additional allowance of $10,000.
(a)
This option shall expire five (5) years from date of
application for the allowance under Item 2 above.
(b)
Proof of sale must be in the form of sale documents, deeds, and
filings of these documents with the appropriate agency.
4.
With the exception of Item 3 above, no claim for an "in
lieu of' relocation allowance will be accepted after two (2) years
from date of implementation of this agreement.
5.
Engineers receiving an "in lieu of" relocation
allowance pursuant to this implementing agreement will be required to
remain at the new location, seniority permitting, for a period of two
(2) years.
NOTE:
Engineers covered by Article 11, Section B, Paragraphs 5.a. and
5.b. of the August 13, 1998 Merger Implementing Agreement for Portland
Hub Zone 1 who elect to return to Portland Hub Zone 1will be afforded
the relocation benefits of this Section C.
- There
will be no pyramiding of benefits.
E.
National Agreement "Termination of Seniority"
provisions shall not be applicable to Engineers hired prior to the
effective date of this agreement.
F.
Engineers will be treated for vacation, payment of arbitraries
and personal leave days as though all their service on their original
railroad had been performed on the merged railroad. Engineers assigned
to Zone 2 or 3 master seniority rosters with an engineer seniority
date prior to the date this Agreement is implemented shall have entry
rate provisions waived and engineers acquiring seniority on or after
that date shall be subject to the rate progression provisions of the
controlling CBA. Those engineers leaving Zones 2 or 3 will be governed
by the CBA where they then work. The provisions of this Paragraph F
will apply only when said employees are working as an engineer and
will not apply or be extended to employee's services in another craft.
VIII.
FAMILIARIZATION
A.
Engineers involved in the consolidation of the Portland Hub
Zones 2 and 3 whose assignments require performance of duties on a
geographic territory not familiar to them will be given full
cooperation, assistance and guidance in order that their
familiarization shall be accomplished as quickly as possible.
Engineers will not be required to lose time or "ride the
road" on their own time in order to qualify on the new territory.
B.
Engineers will be provided with a sufficient number of
familiarization trips in order to become familiar with the new
territory. Issues concerning individual qualification shall be handled
with local operating officers. The parties recognize that different
terrain and train tonnage will impact the number of familiarization
trips necessary. If disputes occur under this Article, they will be
expeditiously addressed by the Director - Labor Relations and General
Chairman.
C.
It is understood that familiarization required to implement the
merger consolidations herein will be accomplished by calling a
qualified engineer (or Manager - Operating Practices) to work with an
engineer called for service on a geographical territory not familiar
to him or her. Engineers who work their assignment accompanied by an
engineer taking a familiarization trip in connection with the
implementation of this Agreement shall be paid twenty‑eight
dollars ($28.00) in addition to all other earnings for that tour of
duty. This payment shall not be used to offset extra board guarantee
payments. The provisions of 3 (a) and (b) Training Conditions of
the System Instructor Engineer Agreement shall apply to the regular
engineer when the engineer taking the familiarization trip operates
the locomotive.
NOTE
1:
The $28.00 payment set forth in Paragraph C, above, made to
engineers working their assignment accompanied by an engineer taking a
familiarization trip shall apply for a period of one (1) year,
commencing with the implementation of this Agreement. Upon expiration
of this one-year period, existing agreement rules and/or practices
shall govern for payments, if any, to engineers
accompanied by an engineer taking a familiarization trip.
NOTE
2:
Prior to implementation, Carrier may begin familiarization
trips, where necessary, to "pre-qualify" engineers.
Likewise, Carrier may bulletin and assign (to be effective on
implementation day) employees prior to implementation so employees
will be in place on implementation day. If Carrier initiates such an
effort to "pre-qualify" engineers, the $28.00 payment set
forth in Paragraph C, above, will be paid to eligible engineers who
are accompanied by an engineer taking a familiarization trip.
IX.
IMPLEMENTATION
A.
Carrier shall give not less than a forty-five (45) day advanced
written notice advising of its intent to implement this Agreement and
of the number of initial positions that will be changed in the Hub,
Thereafter, implementation provisions of the various articles shall
govern any further changes.
B.
All positions may be prep-advertised to close thirty (30) days
prior to the effective date of this agreement. In conjunction with
implementation of this Agreement, any employee who fails to
sufficiently bid on, or obtain, a position may be assigned by Carrier
to an unfilled position.
C.
In conjunction with the implementation of this Agreement, it
will not be necessary to bulletin all the jobs in Zones 2 and/or 3.
Assignments which are not changed or impacted by the implementation of
this Agreement need not be bulletined. Employees on such assignments
will remain thereon in accordance with applicable Agreement
provisions.
D.
Engineers on a seniority district being divided either between
Zones 2 and 3 or between the Spokane and Hinkle‑LaGrande
sub-zones, or who hold seniority in Portland Hub Zone I and are
assigned positions at Hinkle will be canvassed by BLE Local Chairmen
to determine and document their relocation decisions. The following
shall govern canvassing of involved engineers:
1.
Engineers at locations or on rosters required to make a
relocation decision in connection with the implementation of this
Agreement will be given a one time opportunity to make such election.
Engineers at locations or on rosters required to make a relocation
decision will be contacted by the Local Chairmen. The engineers to be
contacted and offered the opportunity to relocate will include:
a.
Only engineers holding seniority on the UP 4 th Seniority
District, on the Idaho Seniority District and identified on Attachment
"A," or in Portland Hub Zone 1 and assigned to positions at
Hinkle will be canvassed.
b.
The senior twenty-six (26) engineers holding seniority on the
Idaho Seniority District and identified on Attachment "A"
will be canvassed. Canvassing will cease once either twenty (20)
engineers have elected to relocate to Zone 2 or the senior twenty-six
(26) engineers have been contacted, whichever occurs first.
c.
All engineers holding seniority in Portland Hub Zone 1 and
assigned to positions at Hinkle pursuant to Article 11, Section B,
Paragraph 5 of the August 13, 1998 Merger Implementing Agreement
(Portland Hub Zone 1) will be canvassed.
NOTE:
Subsequent to implementation of this Agreement, the provisions
of Article 11, Section B, Paragraph 5 will automatically terminate and
will be of no force or effect. Employees electing to remain in
Portland Hub Zone 1 must accordingly exercise their seniority in Zone
1.
d. The
senior nine (9) engineers holding seniority on the former UP 4th
Seniority District and identified on Attachment "B" will be
canvassed.
E.
Engineers covered by this Article IX, Section D will be
canvassed in seniority order and required to make their relocation
decision within sixty (60) days of the date this Agreement is
implemented. The employee's decision will be irrevocable. If an
employee fails to make a decision, he or she will be considered as
having elected to remain at his or her current location.
F.
All canvassing must be completed by no later than thirty (30)
days from the date this Agreement is signed.
X.
SAVINGS CLAUSES
A.
In the event the provisions of this Agreement conflict with
existing collective bargaining agreement provisions, rules and/or
practices, the provisions of this Agreement shall prevail.
B.
The provisions of this Agreement are entered into without
prejudice to either party's position and the parties agree not to cite
this agreement in other negotiations or arbitration proceeding(s).
SIGNED
THIS 28TH DAY OF FEBRUARY, 2001, IN POCATELLO, IDAHO
FOR
THE BROTHERHOOD OF
FOR UNION PACIFIC RAILROAD
LOCOMOTIVE
ENGINEERS:
COMPANY: