Agreed Upon Questions & Answers

1. Q. For each buyout accepted under Article V of the Agreement, is the minimum number of Reserve Board positions reduced on a one-for-one basis?

A. Yes, for each active employee. No, for each furloughed employee.

2. Q. Does a protected employee, as provided for by the basic Crew Consist Agreement effective September 15, 1980, have the option to place on either the Reserve Board or the Second Brakeman position?

A. Yes, seniority permitting.

3. Q. In the application of Article III, Guaranteed Extra Board, if the Carrier reduces the Board at the initial 120 day adjustment, would those positions reduced from the Guaranteed Extra Board be added to the Reserve Board?

A. Yes.

4. Q. After the initial 120 day adjustment, will the number of available Reserve Board positions ever fall below this number ?

A. No.

5. Q. If the Carrier adjusts the Guaranteed Extra Board after the initial 120 day adjustment, is the Reserve Board adjusted accordingly?

A. No.

6. Q. What options are available to employees if there are subsequent reductions in positions?

A. Exercise of seniority as at present.7. Q. What options are available to employees who cannot hold a must-fill position, the Guaranteed Extra Board or a Reserve Board (second Brakeman/Yard Helper position) as a result of the reduction in the number of regular jobs?

A. The employee goes furloughed in the same manner as he/she would before this Agreement.

8. Q. If an employee is displaced, may he/she displace to a Reserve Board?

A. Yes, seniority permitting.

9. Q. If an employee works part of the year, qualifies for a vacation and is on the Reserve Board for a part of the year, is Reserve Board pay included in the computation of the employee's 1/52 for vacation purposes?

A. Reserve Board (time) pay is not counted towards qualifying for a vacation but will be included in the computation of their 1/52.

10. Q. If an employee qualifies for vacation but is on the Reserve Board when it comes time for their vacation, how will he/she be compensated?

A. The employee will receive vacation pay as calculated under the vacation agreement. The employee will not receive Reserve Board pay in addition to the vacation pay. They, however, will receive the greater of the two.

11. Q. Will the Productivity Fund payments be used as an offset for any guarantee provisions?

A. No.

12. Q. If an employee voluntarily exercises seniority from the Guaranteed Extra Board to a temporary vacancy, is the employee entitled to the Guarantee provisions of Article III of this Agreement?

A. No, they have removed themselves from availability on the Guaranteed Extra Board.13. Q. Does Section 13 of Article IV permit the Carrier to hire one or more new employees after the effective date of this Agreement and thereby eliminate the Reserve Board and a protected employee's right to a second Brakeman/Yard Helper position.

A. No. The Carrier must utilize all second Brakemen/Yard Helpers and Reserve Board employees prior to hiring any additional employees. A protected employee could not thereafter occupy a Reserve Board, (second Brakeman/Yard Helper) position until all non-protected employees are furloughed.

14. Q. Under Article VI - Section 2(a), what is meant by the term "regular assignment"?

A. Any working position.

15. Q. If an employee has his request for a guaranteed lay-off under Article III - Section 5 delayed due to the needs of the Carrier service, what procedures will be used to notify the employee as to when the lay-off will be granted?

A. Employee requests will be listed in order of request. When the Extra Board lay-off percentage is such that additional lay-offs will be granted, the first employee on the list will be called and offered the lay-off requested. The employee will have the option of laying off at that time or withdrawing the request, holding their position on the Board.

16. Q. Will non-protected furloughed employees hired after the date of this Agreement be recalled in accordance with Article VI - Section l(a) when there are protected employees holding blankable or Reserve Board Positions?

A. No. Only protected furloughed employees will be recalled under Section l(a). Protected employees holding blankable or Reserve Board positions will be recalled to fill vacancies prior to non-protected furloughed employees being recalled.

17. Q. In the application of Article III, Section III (a), (b) and (c) does the term "not available" apply to employees not rested on the Extra Boards?

A. No.

18. Q. Does an employee who was hired after the effective date of the 1980 Crew Consist Agreement and prior to December 21, 1989 have entitlement to place on the Reserve Board on his/her respective seniority district?

A. Yes, those employees have been granted rights as protected employees under this Agreement to the extent that they may place on Reserve Boards, however only employees hired on or before September 15, 1980 have rights to place on blankable second Brakeman/Yard Helper positions.

19. Q. How will each day an employee is marked up on a Guaranteed Extra Board be applied for qualifying for vacation?

A. The amount of make up guarantee will be converted to equivalent days in miles or hours as contemplated by the 1949 National Vacation Agreement and that number of days in addition to time worked, will be considered as qualifying days for vacation purposes.

20. Q. For the purposes of Holiday pay, does time spent on the Reserve Board count as meeting the requirements of "qualifying days" and does it contribute to the work requirements of "11 days out of the preceding 30 days"?

A. No. Although the employee is in service and under pay the employee is not "working" for the purposes of the Holiday Pay Agreements and interpretations thereof.

21. Q. Does Section 3 of Article I prohibit the Carrier from operating retainer trains under any condition other than by use of a Utility Trainman to assist in setting or releasing retainers?

A. No. If the Carrier calls an extra Brakeman to fill a reduced crew to a standard crew, or if the crew has been bulletined and assigned as a standard crew, the crew meets the requirements of the Crew Consist retainer rule and a Utility Trainman is not required.