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RULE 69- SENIORITY ROAD AND YARD (a) Seniority Dates Brakemen/Yardmen. Brakemen/yardmen rights will date from the day and time they pass the required examinations as recorded in the Personal Record Bureau. However, when two or more
experienced brakemen/yardmen are hired and are examined on the same day, men first hired will date ahead of men subsequently hired, and provided further that when two or more student brakemen/yardmen are hired and
after completion of the required student training are examined as a class, employees first hired who pass the examination will date ahead of those subsequently hired and, provided finally, that except in case of
sickness, students who are not available for service after completion of the examination forfeit all seniority rights. In cases where both experienced brakemen/yardmen and students are examined on the rules on the same day in the same class; the experienced brakemen/yardmen will be
accorded preferred seniority position as of that date and class. (b) Seniority Date ‑ Conductors: Conductors' rights shall date from the time they pass examination for promotion to conductor. If because of leaves of absence, sickness or other causes beyond his
control, a man is unable to present himself for examination for promotion In his regular turn, his roster standing will not be affected, provided he arranges to qualify in accordance with Rule 71 of this
agreement. (c) May Work Either as Foreman or Conductor: A conductor who elects to protect regular assignment as engine foreman in preference to working on regular assignment as conductor will not lose his
conductor's rights; a conductor who elects to protect regular work as conductor in preference to working a regular assignment as engine foreman will not lose his date as engine foreman. (d) Physically Disabled ‑ Seniority: Employees covered by this
agreement retired under the Railroad Retirement Act for physical disability shall retain seniority rights until they reach the age of sixty‑five
years. (e) Seniority Terminates Age Seventy: The established seniority rights of employees covered by this
agreement shall automatically terminate co‑effective with the date the employee reaches the age of seventy years, and no person shall be employed as trainman/yardman after reaching the age of seventy
years. (f) Exchange of Seniority: Exchange of seniority between trainmen/ yardmen from one seniority
district to another will be permitted subject to the approval of and conditions agreed to between the Director of Labor Relations and the General Chairman. (g) Prior Right Engine Foreman to Road Conductor: Trainmen holding prior rights as engine foremen who have passed the required examination for promotion to conductor may exercise their seniority rights to freight service and remain there a sufficient time to qualify as conductor, without impairment of their engine foreman's date; provided, however, that if at the expiration of the required six months in freight service such engine foremen are in line for a regular job as conductor, they may give up job as brakeman and displace any junior conductor on the seniority district or exercise their seniority rights back into the yard and continue thereafter to protect engine foremen's work until such time as they my elect to accept service as a conductor regularly. ****************************************************************************** UNION PACIFIC RAILROAD COMPANY 1416 DODGE STREET
August 28, 2001 (1940.30) MR D L HAZLETT Gentlemen: On February 17, 1998 Union Pacific entered into an agreement with the UTU, wherein Trainmen hired within the territory of the Portland Hub prior to implementation of an
agreement governing same would be considered "common right zone 1 employees", of which these employees may work either on the Union Pacific or former SP Lines. During this interim period there were two (2) classes of new hired trainmen that Union Pacific sequenced onto the Portland Hub Zone 1 Seniority Roster under the former SP
Western Line Agreement GEN 154-18. Memorandum of Agreement GEN 154-18 reads in part: "When a class of students completes their preparatory training and examinations and are all prepared to be marked up for service on the same date, their order of standing for seniority will be
determined as follows: a. FIRST GROUP - Employees from the carrier's other crafts will be ranked highest in potential seniority in the class of trainees based on the employee's number of years of continuous service
with the carrier, in the event that two employees have the same date of hire, they shall be ranked according to their date of birth with the senior employee ranking ahead of junior employees. b. SECOND GROUP - New employees will be ranked amongst themselves by their date of birth and placed behind Group 1 in seniority." Rule 69 of the Northwestern District (Oregon Division) reads in part: "...and provided further that when two or more student brakemen/yardmen are hired and after completion of the required student training are examined as a class, employees first hired who pass the examination will date ahead of those subsequently hired... August 10, 2001 In cases where both experienced brakemen/yardmen and students are examined on the rules on the same day in the same class, the experienced brakemen/yardmen will be accorded preferred seniority
position as of that date and class." Changes in hiring practices over the years resulted in most student brakemen being selected and trained as a group. Because the scheduling of interviews and physical
examinations does not provide a determination of which applicant is actually first "hired", the parties entered into a clarification dated May 10, 2000 wherein groups of student trainmen would be
sequenced onto the seniority roster in the following order: 1. Experienced brakemen/yardmen 3. Remaining members of the class will be ranked among themselves by the last four digits of their social security number, with the larger number ranking ahead of
the smaller number. Since May 10, 2000, age has not been used to sequence new employees. Oregon law prohibits discrimination on the basis of age against anyone 18 years of age or older. ORS 659.030(1 )(a) and (c). The law applies to labor organizations as well as
to employers. Three Oregon UP employees filed a lawsuit against UP under this statute alleging that they were sequenced within their classes by date of birth and that this method of sequencing violates the Oregon
statute. The three plaintiffs in the lawsuit are in two classes that were sequenced onto the Portland Hub Zone 1 Seniority Roster under the former SP Western Line Agreement GEN 154-18. The current employees in
these two classes, in rank order, are as follows:
August 10, 2001 In the lawsuit, the plaintiffs demand that they be re-sequenced, without regard to age. If the present sequence is not changed, UP would be forced to bring the UTU into the lawsuit. Accordingly, UP and the UTU agree to re-rank these two classes as if they were hired under rule 69 of the Northwestern District (Oregon Division) and the May 10, 2000 clarification. The two classes will therefore be sequenced as follows, effective September 1,2001:
Our signatures below reflect our agreement to these terms. Sincerely It is so agreed: D. L. Hazlett ******************************************************************************* July 22, 2003
Ms S F Boone Dear Ms Boone: This is in reference to your conversations with this office relating to further clarification of Rule 69 establishing Seniority Road and Yard and in conjunction with
letters of understanding dated February 17, 1993, and May 10, 2000. It is understood that the following applies for territories covered by the Northwest District, Oregon Division: The first category consists of employees currently employed by the UPRR, transferring into the Northwest District: 1
Trainmen transferring within the craft would establish a new date in line with their original trainman’s service date, giving preference to previous length of service. 2
In the event a class consists of experienced trainmen and non-operating UPRR employees, first preference will be given to experienced trainmen per Rule 69(a) of the Basic Schedule of
Agreement, followed by the non-operating employees using their relative non-operating service dates with the UPRR. 3
In a class consisting of purely non-operating UPRR employees, their relative non-operating service date, with the UPRR, will be used to determine their trainman’s seniority standing
giving preference to previous length of service with the UPRR. The second category concerns new employees hired from outside the UPRR who have previous railroad experience: 1
New employees with previous railroad operating experience will rank ahead of those experienced non-operating employees.
[NOTE: If the class consist of two or more experienced operating employees, their relative standing on the seniority roster will be determined by using the last four digits of their
social security number, with the larger number ranking ahead of the smaller number. In the event more than one employee has the same last four
digits, the tie will be broken by including the two middle digits of the social security number.] 2
New employees with previous non-operating railroad experience will rank ahead of those new hires without railroad experience.
[NOTE: If the class consist of two or more experienced non-operating employees, their relative standing on the seniority roster will be determined by using the last four digits of
their social security number, with the larger number ranking ahead of the smaller number. In the event more than one employee has the same last four digits, the tie will be broken by
including the two middle digits of the social security number.] The final category will be for new employees without any railroad experience: 1
New hires will be governed by Rule 69(a) and ranked by using the last four digits of their social security number, with the larger number ranking ahead of the smaller number.
In the event more than one employee has the same last four digits, the tie will be broken by including the two middle digits of the social security number. Please advise if you concur with the foregoing interpretation. Sincerely, Dean L Hazlett I CONCUR: Ms S F Boone
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