MEMORANDUM AGREEMENT "" _{:' between the}

UNION PACIFIC RAILROAD COMPANY Ogden Union Railway & Depot Company Spokane International Railroad

and the UNITED TRANSPORTATION UNION (C), (T) & (S)

Covering

SUPPLEMENTAL QUESTIONS AND ANSWERS REGARDING THE INTERPRETATION AND APPLICATION OF THE CREW CONSIST AGREEMENT SIGNED AT SALT LAKE CITY, UTAH, MAY 10, 1980 AS AGREED TO BETWEEN REPRESENTATIVES OF THE UNITED TRANSPORTATION UNION AND THE COMPANIES.

Q A train not requiring hand operated retainers leaves the terminal with a reduced (1 $: d 1} crew. After departure from the terminal , strictly mechanical malfunctions occur enroute which necessitate the use of manual retainers. Would the extra brakeman standing for the call at the terminal be entitled to penalty payment for not being called fcr the assignment?

A No, because at the time of call at the terminal the mechanical malfunctions were unknown and developed enroute.

Q 1 Would this give the Carrier the right to work reduced crews by failing to call required crew member(s)?

A No. See Section 7 of Article I.

Q 2 When employes are furloughed, does this provision apply? A No.

Q When employes are furloughed, does this provision apply?

A No, pre-existing schedule rules will apply.

ARTICLE II. Section 1

Q 1 If a reduced crew leaves their Initial terminal with a 71-car train or less but not exceeding 4015 feet and at a point en-route picks up additional cars which would result in exceeding the agreed-to train length limits for a reduced crew, does the penalty in the Side Letter Agreement involving train limit exceptions apply?

A No. The provisions of Article I, Section 7, and interpretations of Article II are strictly applicable.

Q 2 Was it intended to include locomotives in determining the length of train or car count?

A No, unless the units are entrained and are not a part of the engine consist. Helpers and/or remote control units would be excluded.

Q If a protected employe displaces on a reduced crew, with a non-protected employe occupying the brakeman/yardman position, must the protected employe displace the non-protected employe from the must-fill position or may he place himself on the blanked vacancy?

A The protected employe would displace the non-protected employe.

Q 1 No bids or applications are received for second brakeman/yardman position (blankable) and protected men are furloughed. Will the vacancy be filled in accordance with existing schedule rules?

A Yes.

Q 2 When protected men are on furlough, must personal leave vacancies be filled?

A No, unless it 1s a must-fill vacancy.

ARTICLE IV, Section 1

If the brakemen or yardmen's protecting extra board is exhausted of protected employes at a time when a vacancy occurs on a blank-able position, is it necessary to exhaust other provisions of the schedule before blanking said positions?

No, if the protecting extra board is exhausted of protected brakemen or yardmen, the position may be blanked for that trip or tour of duty.

If a brakeman of a one-and-one crew at the away-from-home terminal fails to show or lays off account sickness or other compelling reason, may a brakeman from a following turn be stepped up under the provisions of Section 2(c), Article IV and interpretations thereunder?

Yes.

Q 1 When the local chairman requests that a blanked position be rebulletined, will the blanked vacancy be filled from the extra board (during the bulletined period)?

A No, the blanked vacancy will be treated as blanked until such time it is assigned to a protected employe.

Q 2 May the local chairman request a blanked position be rebulletined without a request from an interested employe desiring the vacancy?

A Yes, provided the local chairman must Identify which particular blanked vacancies he desires bulletined in both road and yard service.

ARTICLE VIII, Section 1 (b)

How many shares will be credited for each week of vacation taken by a protected employe in road freight or yard service?

Five in yard service, six in road, in accordance with provisions of National Vacation Agreement.

Q 1 How will a train service employe (regular, extra, or combination extra) in road freight service, not covered by the National Paid Holiday Rules qualify for entitlement of personal leave days upon entering such service from any other class of service?

A All train service employes in road freight service not covered by the National Paid Holiday Rules will qualify for their entitlement of personal leave days as follows:

a) A road service employe (assigned or pool freight) must make one trip or perform one tour of duty to establish qualification for his personal leave days.

b) A road extra board or combination extra board employe must make one trip or perform one tour of duty in any class of service protected by his respective board to establish qualification for his personal leave days. Any trip or tour of duty taken from such extra boards shall be used as a basis of qualification for that employe's personal leave days regardless of whether or not such service is covered by the National Paid Holiday Rules.

Q 2 On what basis will the employe, as referred to above, request personal leave days?

A An employe working in pool freight, road extra board or combination extra board service will be granted personal leave days on the basis of the on-duty time of the trip for which he stood, whether work or deadhead, provided request is made a minimum of two 2 hours in advance of the calling time* of the trip. 

Q 3 What span of time will be applicable to the personal leave granted pool freight/road extra board or combination extra board employes only account irregular service and no (assigned) specified on-duty time?

A For each personal leave day granted such employe, his absence will consist of a twenty-four (24) hour period commencing with the on-duty time, of the trip he stood for, whether work or deadhead.

Q 4 How will the initial vacancy or subsequent vacancies created by the extra board/combination extra board employe's personal leave be treated?

A The initial vacancy or subsequent vacancy for which employe stood may be blanked for the personal leave vacancy if same meets the necessary criteria and the employe will be "ghosted" to such vacancies, as though he were working that assignment. The employe's posititon on the extra board/combination extra board will be retained in the same rotating position in relation to other extra employes on the board that he would have otherwise held through such "ghosting".  An extra man called for a vacancy at an outside point may be granted personal leave day regardless of whether or not that job is covered by the National Holiday Pay Rules.  Such vacancies created at outside points due to extra man taking personal leave may be blanked for such personal leave days taken if such vacancies meet the necessary criteria.

Q 5 When will the employe be eligible for subsequent service following his personal leave?

A A road service employe (assigned or pool freight) will be marked up at the expiration of his personal leave and will be eligible to work the next trip or tour of duty his turn makes out of his home terminal. An extra man, as referred to herein, will be marked up at the expiration of his personal leave as determined by his "ghosting" position.

Q 6 On what basis will the employe taking personal leave be compensated?

A The employe taking personal leave will be paid one basic day's pay at the rate of the last service performed for each personal leave day taken.

Q 7 A yardmaster forfeits his yardmaster's seniority and exercises his brakeman/yardman seniority into train service, what would be his entitlement to personal leave days?

A Depending upon the yardmaster's retained UTU trainman's seniority, the maximum number of personal leave days for which entitled could not exceed the number of holidays remaining under the UTU Agreement in that calendar year at the time of displacement. (The combination of holiday pay and personal leave days could not exceed ten (10) days.)

Q 8 In reference to the above, would the same conditions apply to an officer of the Company who relinquishes his officer position and exercises his retained UTU trainman's seniority, or an employe holding retained UTU trainman's seniority returning from extended leave of absence and exercises seniority into train service?

A Yes.

Q 9 May an extra board employe designate personal leave day or days desired and the first day on which he otherwise would have worked or deadheaded be the first day charged for commencement of his personal leave?

A Yes.

Q 10 In reference to extra board employes taking personal leave from filling an outside vacancy, whers the deadhead trip is taken as a personal leave day, how will compensable deadhead payments apply?

A-l If the employe is required by schedule rules to report to the outside point upon return from personal leave, the employe will not be entitled to deadhead pay.

A-2 If the vacancy is a must-fill, the employe filling the vacancy at the outside point would receive deadhead pay if provided for by existing schedule rules.

A-3 On return deadhead trips per paragraph A-l, payment would be determined by the provisions of existing schedule rules.

A-4 On return trips under A-2, the schedule rules relating to intermediate deadhead trips will apply.

Q ll A conductor takes persona,! leave day(s) when the conductors' extra board is exhausted and a brakeman on that crew is moved over to the conductor position. May the resulting brakeman vacancy be blanked? 

A Yes, provided the vacancy is blankable and there are no protected brakemen available on the extra board.

Q 12 A qualifying road man is denied five (5) personal leave days while occupying an assignment not covered by the National Holiday Rules. In subsequent months of that year, the employe is forced to move or exercise seniority to an assignment covered by the National Holiday Rules and remains in that service. May this employe carry over the personal leave days previously denied him to the following year?

A Yes, such personal leave days may be carried over subject to adjustment for the holidays credited to the employe in that year.

Q 13 When may an employe request and be granted personal leave days?

A While there is no limit in time to request personal leave days, personal leave days will not be granted prior to the last tie-up time of the employe involved.

Q 14 Personal leave is granted to an employe holding a blankable assignment in freight service. Prior to the employe's being called for his assignment, the employe granted personal leave day is displaced by a senior employe. May the assignment still be blanked?

A Yes, for one trip or tour of duty unless the employe making the displacement is rested and available. However, if the displacement is made after the assignment of the emclcye granted personal leave is called, the one trip or tour of duty blanked is fulfilled.

Q 15 If an employe holding a regular assignment working Monday

through Friday with designated rest days of Saturday and Sunday, requests four (4) personal leave days commencing with Friday, would the four (4) personal leave days granted include the employe's Saturday and Sunday rest days?

A If the employe requests four days, they must be taken consecutive 16 If an employe, regular or extra, is on personal leave when assigned to a bulletined vacancy, may the position to which assigned be blanked?

A Yes, provided the vacancy to which assigned is blankable.

Q 17 Will personal leave days taken by an employe be credited in computing shares in the Productivity Fund?

A No.

Q 18 An employe holding regular assignment in local freight service requests and is granted three days personal leave. His assignment operates A to B the first day, B to A the second day, and A to B the third day. The employe's personal leave expires after the third day while his assignment is at the far terminal which does not return until the fourth day. How will the employe be treated for markup on his regular assignment?

A The employe will be marked up on the regular assignment for trip out of the home terminal on the fifth day.

Q 19 May two or more members of the same crew be granted personal leave at one time?

A Yes; however, requirements of service and seniority will prevail, Q 20 While on personal leave, may an employe be granted an extension?

A Yes, provided request is made prior to the expiration of existing leave.

Dated at Portland, Oregon this 2nd day of April, 1981. UNITED TRANSPORTATION UNION: UNION PACIFIC RAILROAD COMPANY: