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1. Purpose - The parties want to create an alternative to furlough status for
employees with less than three years of service. The Auxiliary Work and Training
Status ("AWTS") provides that alternative.
2. Eligibility - Any employee with less than three years of service who is
unable to exercise his or her seniority and who otherwise would be furloughed
will be offered the opportunity to voluntarily accept AWTS.
3. Assignment - CMS will notify an employee at the time of furlough of the AWTS
option. If the employee accepts AWTS, every effort will be made to work and
train the employee at the extra board location nearest the employee's residence.
If the employee is required to work or train at another location more than
thirty miles (via the shortest route) from the employee's residence, he/she will
be treated, for purposes of lodging, meals and, if applicable, use of his/her
vehicle, as an extra employee working/training at that location.
4. Availability - AWTS employees will be required to be available to start work
eight days per month which may also require them to work additional days in
order to complete a tour of duty/return to his/her home terminal. CMS will
advise AWTS employees and the appropriate UTU Local Chairman of the monthly
availability schedule prior to the first day of the month.
5. Work and Training - AWTS employees may be used on their designated work days
for any work or training assignments required of other train/yard service
employees.
6. Vacancy Procedure - AWTS employees may be used as a source of supply for
filling vacancies, protecting emergencies and performing extra service when the
extra board is exhausted. It is not the intent of this Agreement to use AWTS as
a way to reduce the number of employees assigned to extra boards.
7. Order of Call - Where multiple AWTS employees are scheduled on the same day,
they will be called for work on a rotation basis. AWTS employees may be called
out of rotation for training.
8. Compensation - AWTS employees will be guaranteed a minimum of eight days pay,
at the applicable foreman basic daily rate, per month so long as the employee
performs all work and training for which called or is available for service on
his/her scheduled days. The AWTS guarantee payment will be included in the
second half payroll.
9. Health & Welfare - Health & Welfare benefits will be provided in
accordance with applicable agreements.
10. Dispute Resolution - The parties acknowledge this Agreement is a pioneer
effort at addressing the issue of recent hire furlough. In order to enhance the
opportunity for success of this effort, the parties believe a new approach to
dispute resolution is in order. Therefore, before any time claim or grievance is
initiated regarding the application of this Agreement, the General Chairman and
appropriate Director of Labor Relations will promptly discuss the issue and
attempt to resolve it in a manner reflecting the spirit of the Agreement.
11. Cancellation - Either party may cancel this Agreement by serving a
thirty-day written notice upon the other. During that thirty-day period, the
parties will meet to attempt to resolve the issue(s) that led to the
cancellation notice.
12. Implementation - The Agreement will be effective December 22, 2003.
Signed this 22nd Day of December, 2003, in Topeka, Kansas
FOR THE UNITED TRANSPROTATION (sic)
UNION:
FOR UNION PACIFIC RAILROAD:
D. L. Hazlett
S.F. Boone
General Chairman
Director - Labor Relations
APPROVED:
A. Terry Olin
General Director - Labor Relations
A. Martin, III
Vice President
Side Letter No. 1
Mr. D. L. Hazlett
General Chairman
United Transportation Union
5990 SW 28th Street, Suite F
Topeka, KS 66614-4181
Dear Mr. Hazlett:
This refers to our discussions regarding the establishment of Auxiliary Work and
Training Status ("AWTS") for trainmen/yardmen in the Portland Hub
Zones I and II. In conjunction with these discussions, your organization raised
several issues and concerns regarding the establishment and operation of this
status. Accordingly, this letter will confirm our understandings regarding these
matters:
1. A concern was raised there may be locations where an employee with more than
three years of service may be furloughed and, as set forth in Section 2 of the
Agreement, ineligible for AWTS. This will confirm Union Pacific's commitment to
promptly meet with your organization to equitably address and resolve these
situations consistent with the spirit of this Agreement.
2. If there is a surplus of trainmen/yardmen at a location or on a seniority
district, and UP has a need to "borrow-out" trainmen/yardmen to
another location or seniority district, UP will advertise (post) the borrow-out
opportunity to all trainmen/yardmen at the location or on the seniority district
where the surplus exists, and accept applicants for borrowing out in seniority
order.
3. Your organization inquired whether AWTS could be made available to senior
trainmen/yardmen - i.e., employees with more than three years of service. In
regard to this request, UP committed to meet with your organization to discuss
this alternative following implementation of AWTS.
4. Your organization requested that employees assigned in AWTS be allowed to
volunteer for extra or emergency work on days they are not scheduled to work. UP
agreed to work with your organization to establish such an opportunity for said
employees. The parties' agreed employees on this "extra/emergency
work" list would be used after UP had called AWTS employees who are
scheduled to work that day.
If the foregoing properly and accurately reflects our understandings regarding
these matters, please so indicate by affixing your signature in the space
provided below.
Sincerely,
S.F. Boone
Director - Labor Relations
A. Terry Olin
General Director - Labor Relations
AGREED:
____________________
D. L. Hazlett
General Chairman, UTU
Side Letter No. 2
Mr. D. L. Hazlett
General Chairman
United Transportation Union
5990 SW 28th Street, Suite F
Topeka, KS 66614-4181
Dear Mr. Hazlett:
This refers to our discussions regarding the Auxiliary Work and Training Status
("AWTS") for trainmen/yardmen
During our discussions, your organization raised the issue that UP could use the
AWTS as a mechanism to reduce staffing levels on extra boards and/or to avoid
its obligations to properly staff such boards to allow for reasonable and
necessary layoffs. The parties discussed this matter at great length and
recognized the inherent complexities associated with extra board staffing and
manpower availability. Nonetheless, the parties did agree on certain precepts
that will guide the administration of the AWTS Agreement and extra board
staffing:
1. UP and UTU agree it is not the intent of this agreement to use AWTS in any
manner to reduce the number of employees assigned to extra boards. In this
regard, UP specifically acknowledges its obligation to maintain a sufficient
number of trainmen/yardmen on extra boards. Additionally, the parties
acknowledge AWTS is not intended to function as an alternatively cheaper extra
board, but rather as a mechanism to provide additional work opportunities and
compensation to trainmen/yardmen who would otherwise be furloughed. It is not
envisioned the existence of AWTS will modify traditional methods used for sizing
extra boards.
2. UP specifically pledges to not use this Agreement to increase the number of
employees who would otherwise be in furlough status and/or to arbitrarily reduce
extra board staffing levels as a result of the existence of AWTS.
3. In the existence of AWTS at a location gives rise to an extra board staffing
issue, the parties pledge to promptly investigate the matter (including
analyzing applicable data on extra board staffing, extra/emergency work levels,
manpower availability, etc.) and resolve the matter.
4. UP and UTU pledge to work together in good faith to timely address these
issues and to resolve them in a manner consistent with the spirit and intent of
this Agreement.
4.
5. UP will clearly communicate your organization's concern in this regard, the
intent of this Agreement and the commitments set forth in this Side Letter No. 2
to all involved CMS officials.
If the foregoing properly and accurately reflects our understandings regarding
these matters, please so indicate by affixing your signature in the space
provided below.
Sincerely,
S.F. Boone
Director - Labor Relations
A. Terry Olin
General Director - Labor Relations
AGREED:
____________________
D. L. Hazlett
General Chairman, UTU
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