II. Seniority and Work Consolidation.  

The following Zone 1 seniority consolidations will be made: 

A.             A new seniority district will be formed. Master conductor, brakeman, yardman (switchman) and fireman rosters (prior right and dovetail) shall be created for the new Zone 1 provided for by this implementing document. All employees on the current UP First and Second consolidated seniority district roster and those employees on the current SP Oregon seniority roster who are assigned and working in the new Zone 1 as of October 1, 1997, will be placed on these rosters. 

Additionally, all UP trainmen borrowed out to other locations that will return to this new Zone 1 upon release, and all SP trainmen on an SP region system board from a point inside Zone 1 (but working outside Zone 1) will be placed on these rosters. 

NOTE: The term "trainmen" is used hereafter as a generic term to include all UTU-C, T, &Y represented employees and where applicable all UTU-E represented employees. 

B.            The new rosters will be created as follows: 

1.             Trainmen placed on the prior right rosters shall be placed as follows: 

                a.  On the UP prior right rosters the UP trainmen holding 1st and 2nd District prior rights shall be placed in their current order with the SP trainmen placed below them in seniority order as provided herein. Employees placed on any roster after October 1, 1997 shall be placed below the prior right UP and SP employees. If former UP lines or trackage on any part or portion of Zone 1 are reacquired or reactivated, prior rights to such lines/trackage shall be extended to the prior right district to which originally attached.  

                b.  On the SP prior right rosters the UP trainmen holding 1st and 2nd District prior rights shall be placed in their current order below the SP trainmen. Employees placed on any roster after October 1, 1997 shall be placed below the prior right UP and SP employees. If former SP lines known as the Siskiyou and Coos Bay are reacquired or reactivated by the Carrier, those lines that go as far as Ashland, Oregon will also be included in the SP prior right area. 

2.              Trainmen placed on the joint yardman (switchman)/brakeman dovetail roster will be dovetailed based upon their earliest retained UTU date. Because the UP consolidated their road and yard dates over 70 years ago and the SP consolidated theirs 25 years ago there will be a joint yardman (switchman)/brakeman dovetail roster with SP employees treated as if they had a common date by using their oldest retained date on the roster. Trainmen placed on the conductor's dovetail roster will be dovetailed based on their conductor's date. If this process results in trainmen having identical seniority dates, seniority ranking will be determined by the employee's earliest retained hire date with the Carrier. 

3.             All trainmen placed on the rosters may work all assignments protected by the roster in accordance with their prior rights and expanded seniority and the provisions set forth in this Agreement. 

4.              Trainmen placed on the Portland Hub Zone 1 Rosters shall relinquish all seniority outside Zone 1. Upon implementation of this Agreement all seniority inside Zone 1 held by trainmen outside this new Zone shall be eliminated. The seniority standing of employees in more than one Zone of the Portland Hub will be finalized in the final Hub agreement. UP 3rd district trainmen currently working UP 2nd district assignments (regular or extra) at Hinkle will not, by virtue of such assignment, be deprived of their entitlement to prior rights on the 3rd seniority district (see subsection 7 of this section B). 

5.             Trainmen establishing seniority on or after October 1, 1997 will have no prior rights, as contemplated by this agreement. Prior right yardmen (switch men)/brakemen who have not taken conductor's promotion will be granted conductor's prior rights on the same area as their yardmen (switchmen)/brakeman prior rights, as long as they take and successfully pass promotion at their next opportunity, which will be provided within 6 months of implementation. Failure to take conductor's promotion at their next opportunity, as provided for by the governing CBA will preclude those employees from acquiring prior rights as a conductor. This includes those trainmen who went into engine service prior to conductor's promotion being offered. 

6.             Employees currently working in engine service in Zone 1 who were previously on a pre merger trainman's roster in Zone 1 will retain the same trainman's standing on the merged rosters. 

7.             HINKLE: Current 2nd District trainmen working 2nd District assignments at Hinkle shall have the following options: 

NON-EXTRA BOARD  

a. Be prior righted to the non-extra board assignments and retain their Zone 1 prior right and expanded seniority. If they voluntarily leave the assignments those assignments shall no longer be 2nd District assignments but shall become 3rd District assignments until Zone 2 is covered by an agreement or an award and shall be further handled in Zone 2 at that time. 

b. If the assignments are abolished then the trainmen shall be free to exercise their prior rights and expanded seniority. If the positions are reestablished the employees who held such assignments at implementation shall have a one-time opportunity to return to one of those assignments as provided for by the governing CBA conditions. Should they not return to it then it shall be treated as a voluntary relinquishment per 7,a, above. 

EXTRA BOARD ASSIGNMENTS  

c. Be prior righted to the extra board assignments and retain their Zone 1 prior right and expanded seniority. If they voluntarily leave the assignments those assignments shall no longer be 2nd District assignments but shall become 3rd District assignments until Zone 2 is covered by an agreement or an award and shall be further handled in Zone 2 at that time. 

d. If the assignments are abolished then the trainmen shall be free to exercise their prior rights and expanded seniority. If the positions are reestablished the employees who held such assignments at implementation shall have a one-time opportunity to return to one of those assignments as provided for by the governing CBA conditions. Should they not return to those assignments then it shall be treated as a voluntary relinquishment per 7,c, above. 

8.             The SP system hostlerís seniority and obligations within Zone 1 shall be set forth in a side letter to this agreement. 

C.            Trainmen who are on an authorized leave of absence' or who are dismissed and later reinstated will have the right to displace to Zone 1, provided his/her seniority at time of displacement would have permitted him/her to hold that selection. The parties will create an inactive roster for all such trainmen until they return to service in a Hub or other location at which time they will be placed on the appropriate seniority rosters and removed from the inactive roster. 

D.            Prior rights within Zone 1 shall be applicable to all service that operates exclusively within one of the three previous seniority Districts in pool freight, local, road (traveling) switcher, non consolidated extra boards, assigned road work trains and Portland (Albina) terminal yard assignments (on an 80% UP / 20% SP basis). The Portland (Albina) terminal is a common terminal for all three prior right areas and as such does not change the exclusivity of an assignment. Yard assignments outside the Portland (Albina) terminal shall also be prior righted. 

E.              The dovetail rosters as set forth in Article II, B, 2, shall be used for all Portland consolidated extra boards, all post implementation non pool freight assignments that operate over two or more prior right areas and all prior right assignments not filled by prior right employees. When all prior right employees are attrited then only the dovetail roster shall be used. 

NOTE: Unassigned work trains shall be run off the extra board(s). Until the extra boards are consolidated, work trains will not work on more than one prior right road territory. Existing work train agreements provide that a work train may work in the road and yard and because of the terminal consolidation, such work trains may now work anywhere in the Portland (Albina) terminal no matter in which road territory they work. 

           F.           New pool freight operations, not provided for in this Agreement and created after the implementation of this Implementing Agreement, shall be covered under Article IX of the October 31, 1985 National Agreement and seniority issues regarding rights to the new run(s) shall be determined at that time. It is not the intent of this Agreement to supplant existing runs with non-pool assignments to avoid provisions of this Article.  

G.            Trainmen must protect vacancies as follows: 

                1. Prior right UP 1st and 2nd District and SP trainmen will be required to protect all assignments in their pre‑merger prior rights area that still remain in the new Zone 1. In addition they will be required to protect all consolidated extra boards and all other assignments that have a home terminal on duty point within thirty miles of the Portland (Albina) terminal limits. (see Side Letter No. 2) 

2. Trainmen establishing seniority after October 1, 1997 must protect all assignments within the merged Zone 1. 

3. Trainmen, who are eligible to hold a reserve board, may not hold a reserve board position if a non-eligible trainman is working an assignment within the parameters set forth in G, 1, above. All such non-eligible trainmen must be displaced prior to eligible trainmen exercising seniority to a reserve board position. 

H. When a permanent Zone 1 prior right vacancy exists at a point inside the Portland thirty mile limit it shall be filled as follows:  

1. The senior prior right applicant shall be assigned. 

                 2. If no such applicant, the junior prior right reserve board employee shall be recalled (unless a senior employee has an application on file for early recall) in accordance with the reserve board provisions of the governing CBA. 

                 3. If no prior right applicant and no prior right employee on a reserve board, the senior applicant from the dovetail roster shall be assigned. 

                 4. If no such applicant the junior reserve board employee with prior rights in another Zone 1 area shall be recalled (unless a senior employee has an application on file for early recall) in accordance with the reserve board provisions of the governing CBA. 

                 5. If no employees are on a reserve board the senior Zone 1 furloughed employee shall be recalled. 

                 6. If none, then the junior employee from the protecting extra board shall be assigned unless a conductor vacancy. In such case the junior unassigned conductor at Portland will be assigned. 

                                 Example:                A yard assignment in the Portland (Albina) terminal (prior right 2nd District) goes no bid with no employees on the Second District Reserve Board. The junior reserve board employee on the 1st District and SP reserve boards would then be recalled, if any. If not, in forcing the junior employee off the protecting extra board at Portland all employees will be considered because it is within the thirty mile Zone. 

I.  When a permanent Zone 1 common vacancy exists at a point inside the Portland thirty mile limit it shall be filled as follows: 

  1.           The senior applicant from the dovetail roster shall be assigned. 

                 2.          If no applicant the junior employee from all reserve boards shall be recalled (unless a senior employee has an application on file for early recall) in accordance with the reserve board provisions of the governing CBA. 

3. If none, the senior Zone 1 furloughed employee (prior rights/common rights) shall be recalled and assigned to the vacancy in accordance with provisions of the governing CBA. 

4. If no furloughed employees, then the junior employee from the protecting extra board with prior/common rights shall be assigned unless a conductor vacancy. In such case the junior unassigned conductor at Portland will be assigned. 

J.  When a permanent Zone I vacancy exists at a point outside the Portland thirty-mile limit it shall be filled as follows: 

1. The senior prior right applicant shall be assigned. 

                 2. If no applicant the junior prior right reserve board employee shall be recalled (unless a senior employee has an application on file for early recall) in accordance with the reserve board provisions of the governing CBA. 

3. If none, then the senior applicant from the dovetail roster shall be assigned. 

4. If none, then the senior employee who is furloughed (prior rights to the assignment or common) shall be recalled and assigned to the vacancy. 

                5. If there are no applicants, no prior right reserve board or furloughed employees, the junior protecting extra board employee with prior rights/common rights to the position will be forced to the assignment unless such vacancy is a conductor vacancy. In such case the junior unassigned conductor at the point will be assigned. When selecting the junior employee on the protecting extra board, those employees with prior rights on another area shall not be considered as the junior employee. 

                Example:                An assignment on the Albany road (traveling) switcher goes no bid. If there are any former SP employees on a reserve board they shall be recalled and the assignment filled through the displacement process. If none on a reserve board the senior furloughed employee who holds rights to the assignment (prior right or common) shall be recalled. If none in that status, then the junior employee on the protecting extra board (Eugene) shall be assigned with an SP or common employee on the Portland extra board filling the Eugene extra board if that position also goes no bid. 

NOTE‑ Reserve Board employees must remember that they will be recalled from the reserve board before employees without reserve board rights can be placed on one of these assignments in H, 1, and J above if within the area that they are required to protect. 

K. ‑ All yard assignments in the consolidated Portland (Albina) terminal shall be prorated between UP employees and former SP employees on a percentage basis. It has been determined that the UP shall have prior rights on 80% of the assignments and SP shall have 20% of the assignments. 

1.        In reducing or increasing the number of yard assignments (including relief assignments) the same percentage will be maintained. The following table has been developed on a percentage basis and will govern in the assignment of prior rights.


   

2. Should assignments be increased above the number' in this table, the same percentages shall be used. This percentage ratio shall be maintained for each shift and the third shift shall be used to balance the ratio for the day.

To illustrate the working of the above table: 

a.             Assume there are 35 yard assignments working in the consolidated terminal, observing column 35, it is seen that UP employees shall have prior rights on 28 assignments and that former SP employees shall have prior rights on 7 assignments. 

b.       Of the 35 assignments, assume that 12 are first shift, 12 are second shift and 11 are third shift. For the first shift, observe column 12, it is seen that 10 assignments are UP and 2 assignments are SP For the second shift, observe column 12 to determine that 10 assignments are UP and 2 assignments are SP For the third shift, although column 11 indicates 9 assignments for UP and 2 assignments for SP, an adjustment must be made in order to balance the overall percentage ratio of 28 and 7, thus 8 assignments would be UP and 3 assignments would be SP.                                                                                                                                                                                        

 .c. When assignments are increased or reduced, the organization shall notify CMS of any adjustment needed to maintain the percentage. Using the above example, should an SP assignment be reduced at Brooklyn yard resulting in 34 assignments, the table indicates that in order to maintain the percentage, one UP job would revert to an SP assignment. The organization would determine which job shall be converted from UP prior rights to SP prior rights. The incumbent employees on the former UP assignment would remain on said assignment but would be using their consolidated/dovetail seniority rather than their UP prior right seniority.