VI.
AGREEMENT COVERAGE
A. Trainmen
working in Zone 1 shall be governed, in addition to the provisions of this
Agreement, by the Collective Bargaining Agreement selected by the Carrier,
including all addenda and side letter agreements pertaining to that agreement
and previous National Agreement/Award/implementing Document provisions still
applicable. Except as specifically provided herein the system and national
collective bargaining agreements, awards and interpretations shall prevail. None
of the provisions of these agreements are retroactive unless specifically
provided for herein. The Carrier has selected the UP Oregon UTU Agreement as the
surviving CBA in Zone 1.
B. General Conditions for Terminal
Operations.
1.
Initial Delay and Final Delay will be governed by the governing CBA,
including Duplicate Pay and Final Terminal Delay provisions of the 1985 and 1991
National and Implementing Agreements.
2.
Trainmen will be transported to/from their trains and their designated
on/off duty points in accordance with Article VIII, Section 1 of the October 31,
1985 National Agreement. The Carrier shall designate the on/off duty points for
trainmen and in keeping with provisions of the governing CBA the on/off duty
point shall be the same location.
3.
The current application of National Agreement provisions regarding
roadwork and Hours of Service relief under the combined road/yard service Zone,
shall continue to apply. Yard crews may perform such service in all directions
out of their terminal.
C. General Conditions for Pool Operations
The terms and
conditions of the pool operations set forth in Article III shall be the same for
all pool freight runs. The terms and conditions are those of the governing CBA
as modified by subsequent national agreements, awards and implementing documents
and those set forth below.
D.
In addition to the preceding the following will govern in the area
covered by this agreement:
1. Twenty-Five Mile Zone -
At all home and away from home terminals, both inside and outside the Hub,
pool crews may receive their train up to twenty‑five miles on the far side
of their initial terminal and run on through to their objective (final)
terminal. Such Crews shall be paid an additional one-half (1/2) basic day for
this service in addition to the earnings of the assignment. If the time spent in
this 25 mile Zone is greater than four (4) hours, they shall be paid on a minute
basis for all time consumed in the Zone, in addition to the earnings of the
assignment.
NOTE: At Hinkle this provision
will not apply unless Zone 2 is covered with a merger agreement/award with
similar provisions.
2. Displacement - Employees with displacement rights
exercising in pool freight service shall place into the pool at the home
terminal in the last out position at which time the junior pool freight trainman
will be removed. If such junior pool freight trainman is first out,
on-duty or at the away-from-home terminal, such junior
trainman will be removed from the pool following tie-up at the home
terminal.
3. Runaround - A terminal runaround occurs when trainmen
from the same pool, going to the same destination, depart the same yard in other
than the order called and both trains have their power attached to their train.
"Depart" means that a
train has started moving on the track it was made up in.
Example 1: Two trainmen are
called on duty in the Portland-Hinkle pool at Portland. The first out
trainman receives his train at Barnes Yard and the second out trainman receives
his train at Albina Yard. There cannot be a terminal runaround because the
trainman did not depart from the same yard.
Example 2: Two trainmen are
called on duty in the Portland‑Hinkle pool at Portland and both trainmen
receive their trains at Albina Yard. If both trains have their power attached a
terminal runaround can occur.
Example 3: Same set of facts as
example 2, however, one crew is required to go to the mechanical facilities to
obtain all or part of their power. If the second crew departs the yard prior to
the first crew returning to their train and putting their power on it no
runaround has occurred.
Example 4: Two trainmen are
called from the same extra board and the first one is called
Portland-Seattle and the other is called Portland-Hinkle. No runaround can
occur even if they depart from the same yard.
NOTE: Yards for
purposes of application of this runaround provision at Portland shall be as
follows:
1. Albina: East Portland/ St.
John Jct.
2. Barnes
3. Rivergate
4. Terminal 6
5. Kenton/Champ
6. Fir/Troutdale
7. Brooklyn: East
Portland/MP765.01
E. Hours of Service Relief/Turnaound Service.
1. Hours of Service relief: Hours of service relief at both the home and
away from home terminals will be handled by extra boards when available. Should
an extra board be exhausted, a made up crew will be used in accordance with
vacancy procedures of the governing CBA at home terminals. At away from home
terminals if pool crews are used for hours of service relief due to
unavailability of extra men, they will be placed first out for the next straight
away trip (or deadhead) to their home terminal and will not be used for a second
hours of service relief or turnaround if other crews (extra or regular) are
rested and available.
Extra trainmen
used for hours of service relief may be used for multiple trips in one tour of
duty in accordance with provisions of the governing CBA. Extra boards, once
consolidated may handle this service in all directions out of a terminal.
2. Turnaround service: Turnaround service (other than hours of service
relief) will be handled in accordance with provisions of the governing CBA.
3. Nothing in Sections D, 1, and E prevents the use of other crews to perform work currently permitted by prevailing agreements, including, but not limited to yard crews performing Hours of Service relief within the road/yard Zone, ID crews performing service and deadheads between terminals, road (traveling) switchers, handling trains within their Zones and using a trainman from a following train to work a preceding train and payments required by those prevailing agreements shall continue to be paid when this work is performed.