QUESTIONS AND ANSWERS - UTU PORTLAND HUB Zone 1
Article I
-
PORTLAND HUB
Q1.
The preamble to this Agreement identifies three Zones of the Portland Hub
as set forth in the Carrier's Notice dated October 1, 1997. Do the provisions of
this implementing Agreement apply to all three Zones?
A1.
No, this implementing Agreement applies only to Zone 1 - however,
it does not restrict train or yard operations in any terminal or yard outside
the boundaries of Zone 1 where none existed prior to implementation of this
Agreement.
Article II ‑
SENIORITY AND WORK CONSOLIDATION
Q2:
Article 11, A and B, provides that "A new seniority district will be
formed." and "new rosters will be formed". When will the new
seniority rosters be available to the Organization and the affected employees?
A2:
All seniority rosters will be developed and furnished to the Organization
for revision and correction, prior to implementation in Zone 1. The new Zone 1
rosters will be made available to the affected employees for their use a minimum
10 days prior to implementation.
Q3.
How long will prior rights be in effect?
A3.
As long as employees are still working that hold prior rights.
Q4.
Are full time union officers/representatives, Company officers, employees
on medical leaves and those on leave working for government agencies, etc.,
covered under Article 11, C?
A4.
Yes.
Q5.
Does the term "one time opportunity", referenced in Article 11,
B, 7, b & d, mean if the assignments are again abolished and then
reestablished, the employee will not again be given an opportunity to return to
it?
A5.
No. The original prior righted or second District Trainman may return to
the assignment each time it is abolished and/or reestablished; providing he does
so at the time it is reestablished.
Q6.
Article 11, D and E refers to prior right yard assignments. How are
assigned yard work trains treated?
A6.
Assigned yard work trains are the same as any other regular assigned yard
assignment and will be included in the "80 / 20" formula as set forth
in Article 11, K. Extra yard work trains are simply extra yard assignments and
will be filled from the yard extra board.
Q7.
How will assigned road work trains be treated?
A7.
They will be assigned and handled in accordance with work train
provisions of the governing CBA, and will be prior righted as provided by
Article 11, D.
Q8.
Will trainmen for reasons of safety be given "familiarization"
trips in an area before being called for service on a work train as provided
under Article 11, E, "Note"?
A8.
Yes, as provided for in Article IV, B, 3 and Article IX of this
implementing agreement, trainmen will be given "familiarization"
trips.
Q9.
Article 11, G, requires employees to protect all assignments with a home
terminal within a thirty mile radius of the Portland (Albina) Terminal limits.
Can you give some examples of how that will work for both regular and extra
board assignments?
A9.
The home terminal of the assignment must be within thirty miles of the
Portland (Albina) Terminal limits. The away from home terminal of such
assignment may be outside the thirty-mile limits.
Example 1: A pool
runs from Portland to Seattle. This assignment is within the thirty-mile radius.
Therefore 1st District, 2nd District, and SP prior right and any common right
employees could be required to protect the assignment.
Example 3: A road switcher with
an on duty point 45 miles north of Portland goes no bid. An SP prior right
employee on the protecting extra board at Portland could fill the assignment
pending the force assignment of a trainman because that is one of the duties of
the extra board, but the SP prior right employee could not be forced to the
vacancy as the permanent occupant.
Q10.
For the purpose of applying Article 11, G, 1, how will the prior right
status between UP District I and UP District 2 employees be determined?
A10.
Provisions of Section 2(a), of the UP Seniority Consolidation Agreement
(Memorandum No. 2112019683) identify those pre and post December 16, 1996
employees and those who are common to both districts (post 12/16/96) shall have
prior rights to both districts.
Q11.
In cases of multiple vacancies whereby more than one employee may be
recalled from furlough at the same time, how will such employees be assigned to
the vacancies for which recalled?
A11.
Furloughed employees are recalled in order of seniority, with the most
senior employee being recalled first. The senior employee will be given the
choice of assignments for which he/she is being recalled to. The second most
senior employee will be given the option for selection of the remaining vacant
assignments for which recalled. Remaining recalled employees will be handled in
the same manner until all vacancies for which recall was issued are filled.
Article III
-
POOL OPERATIONS
Q12.
What will be the mileage paid in the Portland to Oakridge pool service?
A12.
The mileage paid will be the actual mileage (168 miles) from the Portland
(Albina) yard office to Oakridge. It does not matter if the crew picks up their
train at another location in the Portland (Albina) Terminal the base miles paid
between the Albina Yard office and Oakridge will be paid.
Q13.
Will pool freight terms and conditions existing prior to implementation
continue to apply on all pool freight runs after implementation?
Q14.
During the one-year period covering the use of longer application
procedures for moving new assignments to Portland and Oakridge in Article 111,
C, Note, how will the pool be regulated?
A14.
The pool will be regulated in accordance with the provisions of the
governing CBA. Trainmen must understand that the longer application process may
result in the pool temporarily operating or running short while waiting for
additional trainmen to relocate.
Q15.
Does the one year period in Article 111, C, Note, refer to moving
allowance eligibility?
A15. No, only to the period for a longer application
process.
Article IV
-
EXTRA BOARDS
Q16.
How many Zone 1 extra boards will be combined at implementation?
A16.
Only the Portland yard extra boards. The road boards have a phase in
timetable for consolidation as set forth in section B of Article IV.
Q17.
Are these guaranteed extra boards?
A17.
Yes. The pay provisions, and guarantee offsets and reductions will be in
accordance with the governing CBA guaranteed extra board agreements. The Eugene
and Oakridge extra boards will also be governed by the governing ‑CBA and
specifically, the extra board provisions and conditions of the basic Crew
Consist Agreement effective September 15, 1980; the 2nd / 3" District
Modified Crew Consist Agreement effective December 21, 1989, and the Conductor
Only Crew Consist Agreement effective January 16, 1992?
Q 18.Do the seniority dates used in holding extra
boards (Article IV, F) become effective on day of implementation?
A 18. Yes.
Q19.
How will extra board employees be handled upon consolidation of their
boards as provided for in Article IV, A, B and C?
A 19.
The "new" dovetail/consolidated seniority dates shall be
utilized for all movement to/from extra boards effective with implementation of
consolidation of each individual board. Employees who may be holding an extra
board using a different seniority date at the time of consolidation will
continue to hold the board until displaced or exercising seniority to another
position.
Q20.
Upon consolidation of extra boards, will employees assigned to those
boards prior to consolidation be required to remain on the new boards upon
implementation?
A20.
Yes, except employees may move to/from these boards via application
process and request for assignment change in keeping with applicable provisions
of the governing CBA.
Q21.
Article IV, D, provides that any Zone 1 location not listed shall be
covered by the nearest Zone 1 extra board. Will the UP 2nd District Road
Traveling Switcher at Bend (Redmond), OR., currently protected by The Dalles
extra board, be covered by the Oakridge Conductor/Brakeman extra board once it
is established?
A21. No, The Dalles extra board, will continue to cover/protect the
Bend (Redmond) UP 2ndDistrict Road Traveling Switcher.
Article V
-
TERMINAL AND OTHER CONSOLIDATIONS
Q 22.
Are "road/yard Zones" as set forth by the various National
Agreements covering yard crews measured from the new terminal limits where the
yard assignment goes on duty?
A22.
No. The road yard Zones are still figured from the previous limits;
however, crews that go on duty at Brooklyn will now be able to go north and east
from Portland and those going on duty in a former UP area of the Portland
(Albina) Terminal will now be able to go south from Portland.
Q23.
Where are foreign interchanges within the UP Portland (Albina) terminal
permissible?
A23.
The National Agreements permit train crews to receive trains from or
deliver trains to a foreign carrier, even if outside the home carrier's
"terminal limits". There is a larger "terminal" at
interchange points that includes the trackage of connecting Carriers at terminal
locations such as Portland. A crew may receive and/or deliver a train to any
interchange location where permissible prior to the merger by either the SP or
UP at Portland.
Article VI
-
AGREEMENT
COVERAGE
Q24.
When the governing CBA becomes effective what happens to existing claims
filed under the other collective bargaining agreements that formerly existed in
the Portland Hub?
A24.
The existing claims shall continue to be handled in accordance with those
agreements and the Railway Labor Act. No new claims shall be filed under those
agreements once the time limit for filing claims has expired for events that
took place prior to the implementation date.
Q25.
When the Portland-Oakridge run is implemented, under what
conditions will it operate?
A25.
The miles of the run will be paid and all the basic conditions that exist
in the Portland-Hinkle pool agreement, to which UP 2' District pool crews
are entitled will apply to employees working the Portland-Oakridge pool,
eligibility dependent on the employees seniority date in the same manner as
applied to the UP employees.
Q26.
Article VI, A, 2, provides that the Carrier shall designate the on/off
duty point for crews. Rule 49 of the Oregon UTU CBA has certain provisions
covering the on and off duty point. Does this provision amend that rule?
A26. No. Where governing agreement rules cover the on and off duty point of certain
crews, then those provisions will prevail.
Q27. Article VI, E, 1 , refers to hours of service
relief being performed at home terminals by pool crews. Does this rule require
that pool crews be called before or after extra board crews are called?
A27.
The extra board will provide Hours of Service relief and if exhausted,
agreement vacancy procedures will apply.
Q28.
The same section calls for multiple trips in one tour of duty. If the
extra board rule and pool freight rule differ on the procedures to be used in
multiple trips, what rule governs?
A28.
The extra board rule governs when the extra board is called and the pool
rules govern when a pool crew is used.
Q29.
Can the separate 2nd and 3rd District extra boards be used on both sides
of Hinkle upon implementation of this agreement?
A29.
No. Until Zone two is covered by an agreement/award the Hinkle extra
boards will not be used on both sides. However, if the 2nd District extra board
is filled by 3rd District employees then the employees on that extra board can
go West of Hinkle.
Q30.
When can extra boards at Portland perform this service in any direction?
A30.
When the 1 "and 2nd District road extra boards are combined they can
cover both of their former areas and when the SP is combined with the UP 1 $'and
2nd district consolidated extra board then the remaining consolidated board can
go in all directions. If an extra yard assignment is called in accordance with
road/yard provisions then that assignment if called off the consolidated yard
extra board can go in all directions as it is a Portland (Albina) Terminal Yard
job/assignment.
Q31.
How far can an extra board go in performing this service?
A31.
The existing limitations for extra boards as set forth in the governing
CBA and this implementing document will be used
Q32.
How is a crew, which received their train twenty-five (25) miles on
the far side of the terminal as contemplated by Article VI, D, 2, compensated?
A32. When so used, the crew
shall be paid an additional one-half (1/2) basic day for this service in
addition to the district miles of the run. If the time spent beyond the terminal
is greater than four (4) hours, they shall be paid on a minute basis at the
basic pro rate through freight rate. Miles within the Zone are not added to the
district miles of the run. Time spent within the Zone does not factor into the
computation of overtime.
Q33.
Can you give an example as to how this will be applied?
A33.
A pre October 31, 1985 trainman is transported to his/her train 10 miles
south of Oakridge and takes the train to Portland. The time spent is one hour
south of Oakridge and 10 hours 30 minutes between Oakridge and Portland with no
initial or final delay earned. The employee shall be paid as follows:
A. One-half basic day for the service south of Oakridge
because it is less than four hours spent in that service.
B. The road miles between Oakridge and Portland.
C. Overtime based on the miles run between Oakridge and Portland divided
by 20 for the time up to the 10 hours and 30 minutes worked between those two
points. (For example if the miles between Oakridge and Portland were 168 then
overtime would be after 8 hours 24 minutes for an overtime payment of 2 hours 6
minutes)
Q34.
Would a post October 31, 1985 trainman be paid the same?
A34. No. The National Disputes Committee has determined that post October 31, 1985 trainmen come under the overtime rules established under the National Agreements/Awards/Implementing Agreements that were effective after that date for both pre-existing runs and subsequently established runs. As such, the post October 31, 1985 trainman would not receive the overtime in C above but receivethe payments in A & B.
Q35.
How is time consumed by a crew within a Twenty--Five Mile Zone to be
calculated?
A35. The Actual time consumed from the time it departs terminal limits, as shown in Article V, section A of this agreement, (road/yard demarcation) until return to terminal limits.
Q36.
If a crew used within a 25 mile Zone is released prior to arrival at
their far terminal for any reason other than a bona fide emergency, i.e., hours
of service, managerial decision, etc., how will the crew
be handled and compensated?
A36.
Except in cases of emergency, the crew will be deadheaded on through to
the far terminal in a "combined with service" basis and allowed a
minimum of four (4) hours at the pro rata rate or actual time (whichever is
greater) for their 25 mile Zone service in addition to District miles as
provided for by the governing CBA or time as applicable for the service combined
with deadhead and any other allowances due such as special/lD meal allowances,
etc.
Q37.
In cases where a crew used within a 25 mile Zone is released as
referenced in Q&A 36 above due to a bona fide emergency, i.e., Act of God,
derailment, etc., how will the crew be handled and compensated?
A37.
If the crew cannot be deadheaded on through to the far terminal of their
assignment due to conditions as referenced above, they will be released at the
original terminal, paid a basic day, placed first out and allowed four (4) hours
at the pro rata rate or actual time (whichever is greater) for their 25 mile
Zone service.
Q38.
What happens if a crew in the twenty-five (25) mile Zone is delayed and
spends more than eight (8) hours in the Zone before returning to the original
terminal?
A38.
If a crew spends more than eight (8) hours in the twenty-five (25) mile
Zone, overtime would apply for all such time in excess of eight (8) hours in the
Zone.
Q39.
Is it the intent of this agreement to use trainmen beyond the 25-mile
Zone?
A39.
No.
Q40.
May the twenty-five (25) mile Zone be used for inbound road crews to
operate up to 25 miles past their destination terminal?
A40.
No, the 25-mile Zone provisions apply to outbound crews at their terminal
of origin only, and under no circumstances do such provisions apply to crews
arriving at their destination terminal.
Q41.
Article VI, D, 1, provides a one‑half (1/2) basic day for service
performed within the 25 mile Zone as established by this agreement. Is
this considered a duplicate payment or special allowance?
A41.
No, it is subject to all future wage adjustments and is not considered a
duplicate payment or special allowance. This payment will be made in addition to
all other earnings received by employees.
Q42.
Does the 25 mile Zone in Article VI, D, 1, start from MP 17 on the UP
main line?
A42.
No, it starts from the same point as the road/yard Zone which is 12.25
(Graham) and 14.5 (Kenton).
Q43.
If a road Crew receives a train in interchange from the BNSF at Vancouver
is it considered in the 25 mile Zone?
A43.
No, this is an interchange movement that is permitted even if the 25 mile
Zone provisions did not exist and shall be treated under the rules of
interchange.
Q44.
What are the miles paid if a Trainman goes to the BNSF at Vancouver to
get a train received in interchange to go to Oakridge?
A44.
The additional miles to/from the BNSF facility to the Albina yard office
shall be paid whether getting and/or leaving a train in interchange.
Q45.
If the road crew picked up a UP train at Vancouver, not in interchange
from the BNSF, is that covered under the twenty‑five mile provisions?
A45.
Yes, since it is outside the UP terminal and was not received in
interchange from a foreign Carrier.
Q46.
How will initial terminal delay be determined when performing service as
outlined herein?
A46.
Initial terminal delay for crews entitled to such payments will be
governed by the applicable collective bargaining agreement and will not again
commence when the crew operates back through the on duty point. Operation back
through the on duty point shall be considered as operating through an
intermediate point.
Q47.
How will vacations for the remainder of 1998 be handled?
A47.
They will continue to be handled under the CBA that covered them at the
beginning of the year. Vacations for 1999 will be scheduled under the provisions
of the Oregon Agreement.
Q48.
Will the Carrier provide copies of the Oregon Agreement as currently
printed?
A48.
Yes, in addition the parties will meet and review the current printing
and prepare a list of amendments to that CBA.
Article VII -
PROTECTION
Q49.
What is automatic certification?
A49.
An understanding reached by the parties that an employee will be provided
the benefits of the applicable labor protective conditions (New York Dock)
without having to prove he was adversely affected as a result of implementation
of this Agreement.
Q50.
What rights does a trainman have if he/she is already covered under labor
protection provisions resulting from another transaction?
A50.
Section 3 of New York Dock permits trainmen to elect which labor
protection they wish to be protected under. By agreement between the parties, if
a trainman has three years remaining due to the previous implementation of
Interdivisional Service the trainmen may elect to remain under that protection
for three years and then switch to the number of years remaining under New York
Dock. It is important to remember that a trainman may not receive duplicate
benefits, extend their protection period or count protection payments under
another protection provision toward their test period average for this
transaction.
Q51.
How will reductions from protection be calculated?
A51.
Employees coming under New York Dock protection as a result of this
Agreement shall have deductions based on New York Dock provisions. UP employees
electing to retain previous ID protection shall have deductions based on the
provisions of those ID agreements and SP employees who elect to retain SP West
modification/Siskiyou protection shall have deductions based on the provisions
outlined in those agreements.
052.
Why are there different dollar amounts for non‑home owners and
homeowners?
A52.
New York Dock has two provisions covering relocating. One is Article
1. Section 9. Moving Expenses and the other is Section 12, Losses from
Home Removal. The $10,000 is in lieu of New York Dock moving expenses and
the remaining $20,000 is in lieu of loss on sale of home.
Q53.
Why is there one price on loss on sale of home?
A53.
It is an in lieu of amount. Trainmen have an option of electing the in
lieu of amount or claiming New York Dock benefits. Some people may not
experience a loss on sale of home or want to go through the procedures to claim
the loss under New York Dock.
Q54.
What is loss on sale of home for less than fair value?
A54.
This refers to the loss on the value of the home that results from the
Carrier implementing this merger transaction. In many locations the impact of
the merger may not affect the value of a home and in some locations the merger
may affect the value of a home.
Q55.
If the parties cannot agree on the loss of fair value what happens?
A55.
New York Dock Article 1, Section 12(d) provides for a panel of real
estate appraisers to determine the value before the merger announcement and the
value after the merger transaction.
Q56.
What happens if a trainman sells the home for $20,000 to a family member?
A56.
That is not a bona fide sale and the trainman would not be entitled to
either an in lieu of payment or a New York Dock payment for the difference below
the fair value.
Q57.
What is the most difficult part of New York Dock in the sale transaction?
A57.
Determine the value of the home before the merger transaction. While this
can be done through the use of professional appraisers, many people think their
home is valued at a different amount.
Q58.
Who is required to relocate and thus eligible for the allowance?
A58.
A trainman who can no longer hold a position at his/her location and must
relocate to hold a position as a result of the merger. This excludes trainmen
who are borrow outs or forced inside the Hub and released and employees who have
to exercise seniority in their prior rights area due to a non-merger event.
Example 1:
Due to the new Portland‑Oakridge pool an employee can no longer
hold in Eugene and must relocate to Portland. Since this is a result of the
merger transaction then the employee may be eligible.
Example 2:
A pool reduction is made in the 1st District pool in Portland and the
employee reduced from the pool cannot hold in Portland and displaces to the
Seattle extra board. This is a seniority move not caused by a merger transaction
and the employee is not eligible for a merger relocation.
Q59.
Are there any seniority moves that will be treated as required to
relocate?
A59.
Yes, at Eugene, when pool and extra board positions are moved to Portland
for the Portland‑Oakridge service, senior employees on a one for one basis
may bid to Portland and be treated as required to relocate.
Example 1:
Ten pool and three extra board positions are moved to Portland from
Eugene. The thirteen highest bidders at Eugene may relocate and be eligible for
the allowance if they meet the mileage requirements. An employee at Salem could
not bid in the assignment and be eligible for the relocation because no work was
moved from their location.
Example 2:
Ten pool and three extra board positions are moved to Portland from
Eugene. Twelve Eugene employees bid on the positions and one employee remains,
whose position was abolished or who was bumped, and who is unable to hold a
position within thirty miles of Eugene. That employee bumps an employee at
Salem. The Salem employee displaces to Portland because he/she can no longer
hold within thirty miles of Salem. If they meet the mileage requirements then
both employees would be eligible for the relocation allowance.
Example 3:
Ten pool and three extra board positions are moved to Portland from
Eugene. Twelve Eugene employees bid on the positions and one employee who is
able to hold a position within, thirty miles of Eugene bumps an employee at
Salem. The Salem employee displaces to Portland because he/she can no longer
hold within thirty miles of Salem. Neither employee is eligible for an allowance
because the chain of moves was started by a seniority move by an employee who,
could have remained at Eugene or followed his/her work to Portland and
voluntarily chose not to do so.
Example 4:
Ten pool and three extra board positions are moved to Portland from
Eugene. An employee at Salem bids on the Portland positions. Since no work was
relocated from Salem that bid will be treated as a seniority move and no
relocation will be allowed.
Example 5:
Ten pool and three extra board positions are moved to Portland from
Eugene. The thirteen highest bidders at Eugene may relocate and be eligible for
the allowance if they meet the mileage requirements. Three months later one of
the employees who relocated retires. Another employee at Eugene is forced or
makes application for the vacancy. This is a seniority move and the employee is
not eligible for a relocation allowance under this agreement.
Q60.
Are there mileage components that govern the eligibility for an
allowance?
A60.
Yes, the trainman must have a reporting point farther than his/her old
reporting point and at least 30 highway miles between the current home and the
new reporting point and at least 30 highway miles between reporting points.
Example 1:
The relocating of the on-duty point for road crews from Brooklyn to
Albina, both within the Portland Terminal does not trigger a relocation
allowance.
Example 2:
An employee owns a home in Portland. Due to his/her seniority they are
unable to hold at Portland and works in Eugene. When positions are moved to
Portland from Eugene the employee is a successful bidder or is forced. Because
they own a home in Portland they are not eligible for a relocation allowance
back to their home.
Example 3:
An employee owns a home thirty-two (32) miles south of Portland and
works in Albany forty miles from his home. He/she is bumped as a result of the
merger and can hold at Portland and places on an assignment at that location.
Because the new reporting point is closer to his residence than his/her old
reporting point no relocation allowance is provided.
Q61.
When did the person need to be a homeowner to qualify as one for
relocation purposes?
A61.
New York Dock protects homeowners due to loss on sale of home that are
caused by the merger. A person who purchases a home after the merger was
approved in September 1996 would not be affected by the merger because they were
not a home owner at that time, however they may qualify as a non-home
owner for relocations purposes.
Q62.
Will trainmen be allowed temporary lodging when relocating?
A62.
Trainmen entitled to a relocation allowance shall be given temporary
lodging for thirty (30) consecutive days as long as they are marked up.
Q63.
Are there any restrictions on routing of traffic or combining
assignments?
A63.
There are no restrictions on the routing of traffic in Zone 1 once the 30-day notice of implementation has lapsed. There will be a single collective
bargaining agreement and limitations that currently exist in that agreement will
govern (e.g. radius provisions for road switchers, road/yard moves etc.).
However, none of these restrictions cover through freight routing. The combining
of assignments between the Carriers is covered in this agreement and is
permitted.
Q64.
Will the Carrier offer separation allowances?
A64.
The Carrier will review its manpower needs at each location and may offer
separation allowances if the Carrier determines that they will assist in the
merger implementations.
Q65.
When will reserve boards be established and under what conditions will
they be governed?
A65.
Depending on manpower needs there may be trainmen on reserve boards on
implementation day. The reserve boards will be effective on that day
however agreement provisions requiring all vacancies to be filled and the
displacement of trainmen not entitled to reserve board positions must be
complied with prior to the Carrier opening new reserve board positions. The
reserve board provisions of the governing CBA will govern its operation.
Q66.
What period will be used for the TPA?
A66.
1997.
Q67.
How will Union Officers TPA's be established?
A67.
The Carrier will average the two above and two below in the same service,
if greater than their regular TPA it shall be used. Trainmen with unusually high
or low TPA's will not be considered.
Article VIll
-
CREW CONSIST
Q68‑
The Oregon Crew Consist provisions are contained in several different
documents and not fully discussed in this document. Does this change the intent
of those crew consist provisions?
A68.
Any omissions of Crew Consist provisions does not prevent eligible
employees from enjoying same.
Q69.
Will the Zone 1 productivity fund be given a plug when a former SP
position is worked by a common employee or a UP prior right employee?
A69.
No, those assignments do not contribute to the fund and who works that
assignment does not alter that provision, except as is provided under provisions
of Article 11, K. If such assignment is a part of the UP prior right (80%)
quotient it will be credited.
Q70.
Will the Zone 1 productivity fund be given a plug when an assignment that
was a former UP assignment is worked by a former SP employee?
A70.
Yes, it is the assignment that determines whether the fund receives a
payment not who works the assignment.
Q71.
Will UP trainmen eligible for a productivity fund distribution be given
credit when working a non-contributing productivity fund assignment.
A71.
Yes since there is only one Zone 1 fund, they will receive credit
wherever they work in Zone 1.
Article IX -FAMILIARIZATION
Q72.
Are there different ways employees can be familiarized on new territory?
A72.
Yes, the parties have tried different methods on different territories
and finds that several methods work. This has included using an observation car
with several employees on board, using a hyrail, riding with another crew, using
a pilot and/or having a company officer onboard.
Article X - IMPLEMENTATION
Q73.
On implementation will all trainmen be contacted concerning job
placement?
A73.
No, the implementation process will be phased in and trainmen will remain
on their assignments unless abolished or combined and then they may place on
another assignment. When the Carrier posts the notice on pool changes and
increases and decreases in extra boards Local Chairman will assist in handling
the bidding, application and placement process at that time and trainmen may be
contacted for placement if insufficient bids are received. The new seniority
rosters will be available for use by trainmen who have a displacement.
Q74.
If Local Chairmen are required to lose time or to incur expense in
connection with the bulletin/assignment periods referenced in Q&A #73
(above), and/or as described in Article 111, B and C and the Note thereto, how
will Carrier handle compensation for such lost time and expense?
A74.
Reimbursement of all lost time and expense will be the Carrier's
responsibility.
Q75.
Will employees have a displacement right to the newly designated yard
assignments under the provisions of Article 11, upon implementation?
A75.
No, initially, only prior right designations for yard assignments will
change as necessary. All employees will remain on their respective assignments,
utilizing whichever seniority date may be applicable; i.e., a UP employee will
remain on a job newly designated as SP utilizing his/her" common/
dovetail" roster seniority until such time as he/she is displaced or bids
off the assignment.
Q76.
If all yard assignments are filled and the Carrier abolishes an
assignment, what is the bumping process?
A76.
In most cases the actual assignment abolished will not be held by the
junior crew. The local chairman will designate when required another assignment
in accordance with the chart attached to this Agreement and employees will have
displacement rights to those positions with their prior right designations and
all common employees.
May 1, 1998
Side Letter No. 1
Dear Sirs:
This will
confirm our discussions concerning finalization of the "Merger Implementing
Agreement" for Zone 1 of the Portland Hub. During our discussions
concerning Protection, we discussed the issue of a pool employee taking a single
day paid absence such as a Personal Leave day or single day vacation and the
impact it will have on his/her protection. In an effort to simplify the process
and to provide the pool employee with an alternative, the parties agree that a
pool employee shall have one of the following options:
(1) Elect to
utilize a minimum of two- (2) consecutive paid personal leave and/or single
vacation days per each paid absence period. If the minimum number of consecutive
days are met for each round trip, then no deduction will be made in their
protection.
(2) Elect to
utilize a single paid personal leave or vacation day resulting in payment of a
single day with a corresponding deduction from protection of what the employee
would have earned.
The option
must be selected by the employee at the time the personal leave or vacation day
is granted.
Yours truly,
_______________
W. S.
Hinckley
General
Director Labor Relations
Agreed:
_____________________
General Chairperson UTU
_____________________
General Chairperson UTU
_____________________
General Chairperson UTU
____________________
General Chairperson UTU
May 1, 1998
Side Letter No. 2
Dear Sirs:
This will
confirm our discussions, concerning finalization of the "Merger
Implementing Agreement" for Zone 1 of the Portland Hub.
Within Zone
1, the parties have created a "30 mile Zone" measured from the
terminal limits of Portland as set forth in the Note to Article V, A. The
purpose of this 30 mile Zone is to establish the limits that "prior
right" employees can be forced to assignments that were not part of their
pre-merger seniority district (Article 11, G, 1. Questions have been
raised as to how or why 30 miles was used in establishing this Zone.
Thirty miles
has to date historically been the basic number of miles used in determining
whether an employee is required to relocate when unable to hold a position at
his/her old reporting point as a result of a transaction as addressed in New
York Dock. Both New York Dock and Interdivisional Service protection refers to
"required" to relocate. In Article XIII Section 9 of the January 27,
1972 National UTU Agreement, reference is made to "Protection" as
provided in the Washington Job Agreement and further states that "Change of
residence shall not be considered 'required' if the reporting point to which the
employee is changed is not more than 30 miles from his former reporting
point.”
The required
change of residence is also found in Section 6 (D) of New York Dock where it
refers to an employee being offered comparable employment in another craft when
unable to hold in his/her own craft. Several arbitration decisions have been
rendered covering the obligations of employees to relocate and if not relocated
whether they lost their protection allowances due to not relocating. These
decisions have often referenced 30 miles as a standard.
In this
Agreement the parties negotiated certain benefits that exceeded regular New York
Dock which included certification of protection and certain restrictions on
being forced to other assignments without loss of protection. In so doing the
parties took into account the uniqueness of the operating territory involved,
the common terminal of Portland to SP crews and UP First and Second District
crews and the end to end nature of the merger in this part of the UP system. In
establishing this Zone the parties used the thirty-mile limit that is found in
the various protection documents as evidenced above.
Yours truly,
_______________
W. S. Hinckley
General Director Labor Relations
Agreed:
____________________
General Chairperson UTU
_____________________
General Chairperson UTU
____________________
General Chairperson UTU
_____________________
General Chairperson UTU
_______________________________________________________________________________________
May 1, 1998
Side Letter No. 3
Mr. J. Previsich
General Chairperson UTU
1860 El Camino Real, suite 201
Burlingame, CA 94010
Dear Sir:
In Article
11, B, 8 of the Portland Hub Zone 1 Agreement the parties agreed to set forth
the rights and obligations of the System Hostlers currently working at Eugene,
or System Hostlers who are inactive but whose last service was as a System
Hostler on the Portland Seniority District. As you are aware, plans are
currently underway to relocate some hostling work from Eugene to other
locations. The question has been raised as to the status of the aforementioned
System Hostlers, who do not hold seniority in other crafts. Until the
implementation of the Roseville Hub they currently hold full system seniority
and could relocate to other System Hostler positions.
As Hubs are
implemented, system Seniority will disappear and System Hostlers will have
seniority in only one Hub. One of the issues in transferring Hostler work is the
current rebuilding plan at several locations, that results in the current need
for the employees at Eugene. As a result the parties have not been fully able to
address the impact on all concerned.
Therefore,
it is agreed that the system Hostlers on the Portland Seniority District will be
permitted to exercise their current System Seniority to Roseville, West Colton,
Los Angeles, El Paso or Tucson. They will be placed at the new location in
accordance with their standing on the Hostler's System Seniority Roster.
The window for relocation shall extend for ninety days from the date of implementation of the Portland Zone 1 Hub Agreement. In that time period the system Hostlers may elect to relocate and if so elected they must give to the Director of Labor Relations a thirty-day notice of electing to move. At the end of the thirty-day period they shall not be permitted to work in Eugene and must within two weeks of that time report to the new location. If they do not serve notice to relocate as set forth above they must wait until the work at Eugene is abolished and they can no longer hold a position as a System Hostler at that location, after which time they shall be permitted to displace to a location as forth above. System hostlers; who relocate under the provisions of this letter shall be treated as required to relocate and the relocation provisions, including the "in lieu of NYD" provisions of the Portland Zone I Hub agreement shall be applicable to them.
Relocation under the terms
of this letter shall not affect the System Hostlers' SP West modification
protection with the exception that if they relocate to another Hub after the Hub
has been implemented then for the length of protection they shall be treated the
same as system hostlers in the Hub to which transferred.
Yours truly,
_____________
W.S. Hinckley
Agreed:
__________________
General Chairperson UTU‑E