"CONDUCTOR-ONLY" CREW CONSIST AGREEMENT

INTERPRETIVE QUESTIONS AND ANSWERS *****************************************

Q-l: If a crew is required to "reblock" the train's consist of cars at an intermediate point, will such move(s) be considered as individual work events?

A-l: Yes, setting out a block of cars from the employe's own train and then picking up those cars for repositioning will be considered as two (2) work events.

Q-2: Once an assignment has initiated service in "Conductor-only" or "Foreman-only" operations, can additional employes be called to assist the assignment (Utility Brakemen, herders, Switchtenders, Extra Brakemen/helper, etc.)?

A-2: Yes, however all "work event" and other service restrictions applicable to Conductor/Foreman-only operations will continue to apply, i.e., Conductor/Foreman-only assignments cannot be turned into "reduced crew" assignments with the addition of more employes.

Q-3: Will employes working assignments in "Foreman-only" service be required to perform service beyond that specified in the basic "Conductor-only/Foreman-only" agreement effective January 16, 1992?

A-3: No. Employes operating in "Foreman-only" service will not be required to perform service beyond what is provided for in Parts 3(ii) and 3(iii) of Article I.

Q-4: Will employes working assignments in "Foreman-only" service be afforded the same protections against censure, discipline and harassment as "Conductor-only" crew members receive per Part 2(e) of Article I?

A-4: Yes. No employe in road or yard service will be subjected to any form of intimidation as referenced in the basic agreement due to the work taking longer (reduced efficiency) as a result of Carrier's implementation of the Conductor/Foreman-Only provisions agreement.

This Article provides for use of employes' highest earnings during the years 1986, 1987, 1988, 1989, or 1990 with a minimum of $60,000.00 as a separation allowance. This is further clarified by Side Letter #1 attached to the Agreement. A number of Oregon Division Trainmen while on Oregon Division Reserve Boards (Tier II) performed service as "borrow-outs" on other Districts.

Q-5: Are all "W-2" earnings as referenced in the Agreement to be treated as "Oregon Division Related earnings"?

A-5: Yes. Even though Oregon Division trainmen may have worked in borrow-out status on other Districts, their earnings were directly related to their seniority position on the Oregon Division.

Q-6: Will "W-2" earnings include pre-tax amounts for employes participating in 401 (k), Productivity Fund payments, Lump Sum payments, penalty claims, etc., for the period covered.

A-6: Yes, however in accordance with provision of Article VII - Part 2, lump sum payments of $3,500.00 provided by this Agreement will not be included in separation pay computations. Employes taking separation allowances will have the $3,500.00 lump sum advanced in 1991 deducted from their final separation allowance.

Q-7: Does Part 2 of Article III ("Guaranteed Extra Boards") apply to the LaGrande, Oregon Extra Board where the Extra Board principally protects Brakemen vacancies yet also protects the yard vacancies at LaGrande?

A-7: No. The LaGrande Brakemen/Yardmen Board for the purposes of this Crew Consist Agreement is to be included under Part l(a) of Article III, and will receive the Guarantee provided therein recognizing thatwhen combined with, the LaGrande Conductor Extra Board, it will protect all Conductor/Brakeman/yardmen assignments at LaGrande, Oregon.

Q-8: Will all employes hired prior to the date of this Agreement be entitled to Reserve Board positions (seniority permitting) prior to being forced to furlough status?

A-8: Yes.

Q-9: Is it intended by provisions of Section (d)(iii) of Article IV, that the 120 day and 365 adjustments (reductions) in Guaranteed Extra Board positions will provide additional positions to the Tier I Reserve Boards and that increases to the Guaranteed Extra Boards will not in anyway affect the Reserve Board numbers?

A-9: Yes. Any increase of an Extra Board at either the 120 or 365 day adjustment period will not affect Reserve Board numbers. The Reserve Boards, once established, can only be added to, not subtracted from.

Q-10: On what basis will the 120 and 365 day adjustments be made?

A-10: The parties will make every effort to not only determine the number of employes needed on the Extra Boards immediately prior to the adjustment dates, but to determine through an average during the 120 day period and the eight (8) months which will follow the 120 day adjustment (to conclude the 365 days of operation) so that both parties can be fairly represented for the adjustment period.

Q-ll: Will sufficient trainmen be hired to ensure adequate protection of service prior to the Reserve Boards becoming exhausted?

A-ll: Yes. At the 120-day meeting referred to above, the parties will agree upon a set level of Reserve Board assignments, which, if reached, will require the Carrier to begin the process of hi-ring in order to have sufficient employes hired in advance of the Reserve Boards becoming exhausted.ARTICLE IV - PART 4 - RECALL FROM RESERVE BOARD:

Q-12: Was it intended that the 14 days continued pay provided in Part 4 (a) (i) of Article IV would be paid consecutively, day for day, and not on the five (5) day rate basis (out of seven (7) days), as previously established and utilized for regular pay period compensation?

A-12: Yes . It was intended that this would be fourteen (14) consecutive days pay at the Reserve Board rate, not ten (10) days which would otherwise be provided on the five (5) out of seven (7) days pay basis as provided in former agreements .

Q-13 : Does the 5/7 day pay provision for normal Reserve Board service remain in effect?

A-13: Yes.

Q-14: Is it intended that the term "for each day the employe waits until

up'" as used in Part 4 (a) (ii) of Article IV is contemplated as

meaning after the employe is notified and not the number of days from the time the Carrier first started the recall process?

A-14 : Yes . The time will only begin to toll after the employe has been notified in person or by telephone or 48 hours after the time stated on the recall notice, which ever occurs first, in accordance with the provisions of this Agreement for recall. (See Article IV - Part 4(a) (v) )

Q-15: Will Reserve Board test period earnings (Article IV Part 5(d)(ii), be based on all "W-2" Oregon Division earnings including pre-tax 401 (k) earnings , Productivity Fund payments , Lump Sum Payments , penalty claims, etc.?

A-15: Yes.

Q-16 : Does the provision of Article IV - Part 5 (d) (iii) contemplate that ^{n COLA adjustments and wage increases" already included in salaries will not be counted?}A-16: No. This contemplates that future COLA and wage adjustments occurring after the test period earnings are established will not be included nor give cause to readjust the test period earnings once established. It is understood that "W-2" earnings as defined herein will be used to established the Reserve Board rate.

Q-17: Once an employe "converts" to the higher Reserve Board rate as provided in Article IV - Part 5(d)(iv) will all future wage/COLA increases continue to be applied to such Reserve Board pay basis?

A-17: Yes.

Q-18: Is it intended that employe wages which have been earned and placed into a 401 (k) plan under the previous Modified Crew Consist Agreements will be excluded from consideration in establishing test period earnings?

A-18: No. Earnings placed into one of the 401 (k) plans will be included as test period earnings as shown on ^rtW-2".

Q-19: Side Letter #7 (a) of the Coordination Agreement effective May 31, 1990, provided that the Productivity Fund would be credited and Special Allowances would be paid to reduced crews based on the assignment being bulletined as a reduced crew and irrespective of whether the crew was assisted by a single assignment (utility trainman, herder, etc.,) or from the extra board. Will this apply in the same manner to Conductor-Only or Foreman-Only operations?

A-19: Yes, but only to service which may be bulletined and is assigned as Conductor-Only or Foreman-Only pursuant to this Agreement. It does not apply to pool or extra service. Whether it will apply to assignments created pursuant to Part 5 of Article I, will be determined at that time.

Q-20: Will "Foreman-Only" operations in Yard service be treated the same as "Conductor-Only" operations under provisions of Parts l(a) and 2(a) of Article V?A-20: Yes. It is intended that references to "Conductor-Only" will include "Foreman-Only" operations for the purpose of payments into the employe's Productivity Fund by the Carrier under Part l(a) of Article V; it is also intended that the Yard "Conductor-Only" (Foreman-Only) operations be treated in the same manner as Road "Conductor-Only" operations for the purpose of employes receiving the Special Allowance payments under Part 2(a) of Article V.

Q-21: Was it intended by the parties that the "Note" under Part l(a) of Article VI of the Conductor-Only Crew Consist Agreement would eliminate Side Letter #18 of the Crew Consist Modification Agreement dated at Portland, Oregon the 21st day of December 1989, which in part provided for a full crew on Hinkle trim jobs?

A-21: No, this was not intended, as obviously the operation at Hinkle, Oregon has not been changed as contemplated by Side Letter 118. Side Letter 118 remains in full force and effect under the terms for reconsideration as provided in that document. Side Letter #18 provides that "if the operation is changed so that the Foreman can work 'on the ground' with the crew during trimming operations, the Carrier may reduce these crews to a Foreman and one (1) Yard Helper." In addition, this assignment may be considered after two (2) years in accordance with Part 5 of Article I.

Q-22: Upon rebulletining of all yard assignments, can the Carrier rebulletin previously existing "reduced crew" assignments for "Foreman-Only" (transfer runs)?

A-22: Yes, however any reduction in the total number of yard helper (SW1) positions available to employes will add to the number of Tier I Reserve Board positions available on each respective territory. (See Side Letter #14)

Q-23: Is it the intent of the parties that this Crew Consist Agreement fulfills the recommendations of Presidential Emergency Board #219 in Part VI "Findings and Recommendations" under Section F thereof, "specific UTU issues" relating to recommendations for "1. Crew Consist" and "2. Mandatory Promotion", i.e. "that all brakemen who were offered promotion to Conductor should be required to accept such promotion.^n?A-23: Yes. This Agreement fulfills the Crew Consist issues to the satisfaction of both parties and does not provide for mandatory promotion of pre -1985 non-promoted Brakemen to Conductor under PEB 1219. The parties clearly recognized that the current Agreement (Rule 71 -Promotion to Conductor) provides sufficient protection to the Carrier should additional Conductors be needed from the ranks of pre-November 1, 1985 non-promoted Brakemen.

Q-24: When will Conductors (regular and extra) be informed of the type of crew they will be operating (i.e. "Reduced" vs " Conductor-Only")?

A-24: Based on the latest information available to CMS, conductors will be advised at the time of rail as to whether or not their crew will be "Conductor-Only" or "reduced".

Yours truly,

L. A. Lambert Director Labor Relations

AGREED:

L. L. Nelson General Chairman UTU C&T

R. D. Meredith

General Director Employe Relations and Planning