iv. Once placed on the roster, the order of employees shall be maintained.

 

 

1. For Zone 2 (road service El Paso-Toyah/Alpine), the combined brakemen’s roster shall be constructed by dovetailing UP and SPEL brakemen using each employee’s earliest retained UTU brakemen’s date.

    

    

    

2. Zone 1 and zone 2 rosters shall now be top and bottomed

    

    

    

3. For Zone 3 (yard service El Paso), a combined switchman’s roster shall be established for the El Paso Hub (Zone 3) by dovetailing UP, SPEL and SPWL switchmen using each employee’s earliest retained UTU switchman’s date.

    

    

    

4. All employees hired after July 1, 1999 shall be placed on the bottom of the rosters of all three zones without any prior rights. (Employees hired after July 1, 1999 and prior to implementation shall have their seniority date established per the SPWL CBA to avoid later confusion when the rosters are formulated, based on differing CBA provisions.)

    

    

    

5. All employees placed on any El Paso Hub roster may work all assignments protected by those rosters in accordance with their seniority. Prior rights employees may only be forced to assignments outside their prior rights zone so long as the home terminal of the forced assignment is El Paso. Post implementaion employees may be forced to any assignment protected by an El Paso roster.

    

    

   EXAMPLE: A Zone 2 prior right employee may be forced to any assignment in their zone, to any yard assignment in El Paso and any Zone 1 assignment that has a home terminal in El Paso such as the pools to Lordsburg and Vaughn. They would not be forced to the Clifton locals at Lordsburg.

    

    

6. A combined fireman’s dovetailed roster for UP, SPEL and SPWL firemen shall be created for the El Paso Hub. The combined roster shall apply to Zone 3. SPWL firemen shall be ranked first on the Zone 1 roster followed by dovetailed UP and SPEL firemen. Dovetailed UP and SPEL firemen shall be ranked first on the Zone 2 roster followed by the SPWL firemen. All employees hired after July 1, 1999 shall be placed on the bottom of the rosters of all three zones without any prior rights. (Employees hired after July 1, 1999 and prior to implementation shall have their seniority date established per the SPWL CBA to avoid later confusion when the rosters are formulated, based on differing CBA provisions.) Employees entering engineer training prior to the implementation of this merger Agreement shall complete their training pursuant to the agreement under which they entered training.

    

 

1. Dalhart Hub – Except as provided in the Tucumcari Agreement, all former SPWL and SSW employees in the Dalhart Hub on the date of implementation of this Agreement shall be dovetailed for all rosters.

    

 

1. If any of the processes used to create the new seniority rosters for the Arizona, El Paso and Dalhart Hubs results in employees having identical seniority dates, seniority ranking will be determined by the employee’s earliest retained hire date with the carrier.

    

    

    

2. It is possible that an employee will have two dates due to work on two or more different rosters. In this case an employee will be allowed to use the oldest retained service date (SP or UP) that involves work in the Zone or Hub. Regarding firemen rosters, placement thereon will be based upon each employee’s earliest date of entry into the craft.

    

    

    

3. Employees placed on either the Arizona, El Paso or Dalhart rosters (and an employee may be placed on rosters for only one hub) shall relinquish all seniority outside the new hub upon implementation of this Agreement and all seniority inside each of the three hubs held by employees outside the hubs shall be eliminated. When an employee places in the Hub from the inactive roster, the employee will be placed on the roster in their proper order as if they had participated in the roster formulation described above at time of implementation

    

    

    

4. Employees who are on an authorized leave of absence or who are dismissed and later reinstated will have the right to displace to the appropriate roster, provided his/her seniority at time of displacement would have permitted him/her to hold that selection. The parties will create an inactive roster in each hub for all such employees until they return to service at which time they will be placed on the appropriate seniority rosters and removed from the inactive roster. Engineers with an engineer’s seniority date prior to January 1, 1998 shall be placed on the inactive roster.

    

    

    

    

5. Specific and Unchanged Assignments

    

1. Assignments at Yuma and El Centro (Imperial Valley) protected by the West Colton source of supply shall be governed as follows:

 

1. The assignments shall be prior righted to SP employees holding seniority in the Hub on the day the LA Hub agreement is implemented.

    

    

    

2. If an assignment goes no bid/application then it shall be filled by an employee from the Arizona Hub. LA Hub SP prior right employees shall have bid/application rights to vacancies on these assignments and shall not have displacement rights to them if they are held by an employee from the Arizona Hub unless the assignment LA Hub employees displace from is an Imperial Valley assignment.

    

 

1. All other assignments at Yuma shall remain Arizona Hub assignments. Through attrition, all Yuma and El Centro assignments shall become Arizona Hub assignments.

    

    

    

2. Employees who are on assignments that are not changed on the day of implementation shall remain on those assignments unless they make application to another vacancy or are displaced by employees with displacement rights under the controlling CBA. This Agreement does not create displacement rights due to its implementation.

    

III. POOL OPERATIONS/ASSIGNED SERVICE

The following operations may be instituted:

 

1. Dalhart - Childress/Lubbock/Amarillo via Dalhart or Stratford as one pool with Dalhart as the home terminal.

    

 

B. Dalhart – Vaughn with Dalhart as the home terminal.

 

NOTE: Tucumcari - Vaughn and Dalhart - Tucumcari shall continue to operate as separate pools until the final movement of the home terminal to Dalhart.

C. Dalhart-Springfield with Dalhart as the home terminal.

D. El Paso - Vaughn with El Paso as the home terminal.

E. El Paso - Toyah/Alpine as one pool with El Paso as the home terminal. The Carrier will not give notice to combine the pools until either the new lodging facility is built at Toyah or the pool’s away from home lodging is at Pecos. Crews will not be deadheaded between Toyah and Alpine for return trips.

F. El Paso - Lordsburg with El Paso as the home terminal.

G. Tucson - El Paso with Tucson as the home terminal.

 

H. Tucson - Lordsburg with Tucson as the home terminal.

 

I. Tucson - Nogales/Phoenix as one pool with Tucson as the home terminal. Through freight pool service to Nogales shall be run in turnaround service with no away from home lodging. Tucson pool crews working to Nogales and return shall be paid in combination service if they perform deadhead and service in the same tour of duty. Through freight service to Phoenix may be run as either turnaround or straightaway service on a trip by trip basis.

 

J. Tucson - Yuma with Tucson as the home terminal.

K. Phoenix - Yuma with Phoenix as the home terminal.

 

 

1. Dalhart-Pratt with Dalhart as the home terminal, subject to the arrangements

    

   set forth in Side Letter No. 4.

    

    

2. Any pool freight, local, work train, hostler or road switcher service may be established in accordance with the controlling CBA.

    

    

    

3. None of the Employees in (A) through (L) above shall be restricted, in or between the terminals of their assignment, as to where they may set out or pick up cars or leave or receive their train. The type and amount of work shall be governed by the controlling CBA. All Employees may operate over any and all tracks and alternate routings between locations.

    

O. New pool operations not covered in this implementing Agreement between Hubs or within a Hub will be handled per Article IX of the 1985 National Agreement.

 

P. The different pools identified in this Agreement may be established individually or in groups. If not established at time of implementation they shall be established upon ten days written notice to the General Chairperson. Existing pools will remain in place until replaced by new pools.

 

IV. EXTRA BOARDS

A. Train service extra boards will be established at the following locations:

 

1. Dalhart – (road) Except for any extra board work between Pratt and Liberal Kansas, this extra board will cover the remainder of the Dalhart Hub, turnaround hours of service relief for trains heading to Dalhart from all directions (including those from Pueblo that have reached Springfield). This board will also protect any yard service vacancies in the territory involved.

    

    

    

2. Pratt – (road) This extra board will cover all of the area between Pratt (including) and Liberal (including) Kansas and turnaround hours of service relief for trains heading to Pratt from all directions. (Turnaround HOS work from the East shall be no further than Inman on the UP line and Ellinore on the trackage rights line)This board will also protect any yard service vacancies in the territory involved.

    

    

    

3. El Paso – (yard) This extra board will cover the El Paso Terminal.

    

    

    

4. El Paso Northwest– (road) This extra board will cover the area between El Paso and Vaughn (not including) and Lordsburg (including) and the assignments that go on duty in El Paso that work in these two directions and turnaround hours of service relief for trains heading to El Paso from these directions.

    

    

    

5. El Paso East – (road) This extra board will cover the area between El Paso and Toyah(not including) and between El Paso and Alpine (not including), except as provided in Section 11. below, the assignments that go on duty in El Paso that work in these two directions, and turnaround hours of service relief for trains heading to El Paso from these directions.

    

    

    

6. Tucson (yard) – This extra board will cover the Tucson terminal and any yard assignments which may be established at Nogales..

    

    

    

7. Tucson (road) – This extra board will cover the area between Lordsburg (not including), Gila Bend (including) and Nogales (including) and the assignments that go on duty in Tucson that work in these directions and turnaround hours of service relief for trains heading to Tucson from these directions.

    

    

    

8. Phoenix (yard) – This extra board will cover the Phoenix terminal.

    

    

    

9. Phoenix (road) – This extra board will cover the area between Picacho (not including) and Hyder (not including) and the assignments that go on duty in Phoenix that work in these directions and turnaround hours of service relief for trains heading to Phoenix from these directions.

    

    

    

10. Yuma (road) – This extra board will cover the area between Niland (including all the El Centro branch), Gila Bend (not including) and Hyder (including) and turnaround hours of service relief for trains heading to Yuma from these directions but no further West than Niland.

     

     

     

11. Alpine (road) – to cover hours of service relief for trains heading to Alpine that are within 65 miles of Alpine and all other non pool assignments in this area. The San Antonio Hub shall protect the odd numbered assignments and the El Paso hub shall protect the even numbered assignments.

     

B. The Carrier shall give ten days notice of the creation of each extra board if not given at the time of notice of implementation of this agreement. The Carrier shall give ten days notice of the discontinuance of any pre-merger extra boards that are not discontinued at the time of implementation of this agreement. Notice may be given individually or for more than one extra board.

 

 

A. The several yards at El Paso shall be combined into a single terminal. Yard Employees shall not be restricted as to where in the terminal they can operate. The new terminal/switching limits shall be as follows:

 

 

B. The provisions of A above will not be used to enlarge or contract the current limits except to the extent necessary to combine into a unified operation.

 

C. With the implementation of this Agreement all areas, trackage, stations and facilities in each of the hubs shall be common to all employees working in their respective hub as a single unified system. Employees shall not be restricted within a hub as to where they can operate except on the basis of CBA provisions that set forth limits of an assignment such as the radius of a road switcher.

 

D. Road crews may receive/leave their trains at any location within the consolidated terminals and may perform work within the terminals pursuant to the controlling collective bargaining agreement, including National Agreement provisions.

 

E. Carrier will designate the on/off duty points for all road and yard crews. Such on/off duty points will have appropriate facilities as currently required by the controlling collective bargaining agreement and/or by governmental statute or regulation.

 

A. General Conditions for Terminal Operations.

 

1. Initial delay and final delay will be governed by the controlling collective bargaining agreement, including the Duplicate Pay and Final Terminal Delay provisions of the 1985 and 1991 National and Implementing Agreements.

    

    

    

2. Employees will be transported to/from their trains to/from their designated on/off duty point in accordance with Article VIII, Section 1 of the October 31, 1985 National Agreement. The Carrier shall designate the on/off duty points for Employees.

    

    

    

3. The current application of National Agreement provisions regarding road work and Hours of Service relief under the combined road/yard service zone, shall continue to apply. Yard Employees at any location within a Hub may perform such service in all directions out of their terminal.

    

    

    

4. SPEL and SSW trainmen who have earned their vacation for the year 2000 in 1999 shall be allowed to take the number of weeks provided in their current vacation agreement for the year 2000.

    

    

    

5. SPEL/SSW trainmen shall be entitled to exercise personal leave buy back provisions for the calendar year 1999 (after November 1, 1999) whether or not they are still covered by the former SPEL/SSW contract at year end.

    

B. General Conditions for Pool/Assigned Operations in Article III.

 

1. Nothing in this Section B (2) and (3) prevents the use of other employees to perform work currently permitted by prevailing agreements, including, but not limited to yard employees performing Hours of Service relief within the road/yard zone, ID employees performing service and deadheads between terminals, road switchers handling trains within their zones and using an employee from a following train to work a preceding train and payments required by the controlling CBA shall continue to be paid when this work is performed.

    

    

    

2. Employees, both pool and extra board, when called in turnaround hours of service relief, shall be considered called as in combination deadhead/service and shall be paid as such.

    

C. Agreement Coverage – Employees working in the Arizona, El Paso and Dalhart Hubs 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.The Carrier has selected the SP West modified UTU Agreements.

 

 

1. The Carrier will provide copies of the designated collective bargaining agreement to those employees who do not have a copy at the earliest possible date, but no later than by date of implementation of this Agreement.

    

 

1. At the time of the rest day, the employee must be other than first out.

    

    

    

2. The rest day must be taken at any time commencing 12:00 noon Monday and concluded by 11:59PM Thursday.

    

 

1. The rest day cannot exceed twenty-four hours.

    

d. The rest day will be considered an absence for Guarantee Extra Board purposes and appropriate deduction will be made from that guarantee.

 

4. Application Process - Rules governing the advertising of assignments, both road and yard, are modified as follows: Vacancies on existing positions shall be filled through the application process. Employees may submit multiple standing applications. The senior employee with an application on file will be assigned to the vacancy and all other lesser applications shall be automatically withdrawn. New applications may be submitted at any time and applications for a job may be withdrawn by the submitting employee at any time prior to filling a vacancy for that position. Newly created positions (other than on existing pools and extra boards) will continue to be advertised for bids when first established in accordance with the controlling collective bargaining agreement. The senior employee making application for such positions shall be assigned.

 

5. First-In/First-Out - Employees in pool freight service will operate and/or deadhead on a first-in/first-out basis. Provisions providing for special placement after deadheading or laying off are eliminated.

 

6. Displacement - Employees with displacement rights exercising in pool freight service must displace the junior employee in the pool and will assume that position on the Board.

 

7. Held Away from Home Time- Employees in all pool freight service shall be governed by the current SP West HAHT provisions for Interdivisional Service.

 

 

 

 

 

B. This protection is wage only and hours will not be taken into account.

 

1. Proof of sale must be in the form of sale documents, deeds, and filings of these documents with the appropriate agency.

    

 

1. There will be no pyramiding of benefits.

    

E. Employees who were employed after the year 1995 shall use the twelve month period prior to implementation for determining their TPA. SPEL and SSW Employees currently covered by an interim protection TPA shall use that TPA as adjusted in Side Letter No. 10. UPTP and SPEL Employees without interim protection, who were hired into train service prior to January 1, 1996 shall use calendar year 1996 for determining their TPA as adjusted in Side Letter No. 10. SPWL employees with an interim protection shall retain that TPA. The TPA for union officers will be based on the two employees above and two employees below the officer with regular work records on the pre-merger roster or their regular TPA, whichever is larger.

 

F. Employees will be treated for vacation, payment of arbitraries and personal leave days as though all their service on their original railroad had been performed on the merged railroad. Employees assigned to an Arizona, El Paso or Dalhart Hub seniority roster with a seniority date prior to July 1, 1999 shall have entry rate provisions waived and employees hired after that date shall be subject to the rate progression provisions of the controlling CBA. Those employees leaving the Southwest Territory will be governed by the CBA where they then work.

 

G. National Termination of Seniority provisions shall not be applicable to employees hired prior to the effective date of this Agreement.

 

 

 

 

A. Employees involved in the consolidation of the Arizona, El Paso and Dalhart Hubs covered by this Agreement whose assignments require performance of duties of a new geographic territory not familiar to them will be given familiarization opportunities as quickly as possible. Employees will not be required to lose time or ride the road on their own time in order to qualify for these new operations.

 

B. Employees will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory. Issues concerning individual qualification shall be handled with local operating officers. If disputes occur under this Article they may be addressed directly with the appropriate Director of Labor Relations and the General Chairperson for expeditious resolution.

 

A. Except as provided below, the crew consist agreement of the CBA selected by the Carrier shall govern all employees in the Arizona, El Paso and Dalhart Hubs. The governing CBA does not provide for special allowances and/or productivity funds and no one shall be entitled to any such payment even if previously paid one under a different CBA. The current productivity funds shall be frozen at time of implementation and the proceeds paid out in a normal manner to those pre implementation participants.

 

 

1. The UPTP employees who are currently entitled to share in the UP

    

   productivity fund distribution shall be handled in accordance with the provisions of Side Letter No. 3. SPEL and SSW employees with a trainman’s seniority date prior to November 29, 1988 shall be handled in accordance with Side Letter No. 10.

    

    

2. Employees with a trainman’s date on or prior to January 30, 1998 shall be eligible to hold a reserve board.

    

 

D. There will be a total of five (5) reserve boards in the territory covered by this agreement, i.e., one (1) in the Arizona Hub, three (3) in the El Paso Hub (one for each prior rights zone), and one (1) in the Dalhart Hub. Employees with reserve board rights must displace non-reserve board right employees from positions that they are required to cover, prior to placing on a reserve board.

 

 

 

 

 

X. IMPLEMENTATION

 

A. The Carrier will give at least thirty (30) days written notice of its intent to implement this Agreement.

 

B. 1. After notice of acceptance of this agreement, the appropriate Labor Relations Personnel, CMS Personnel, General Chairmen and Local Chairmen will convene a workshop to implement assembly of the merged seniority rosters. At this workshop, the representatives of the Organization will participate with the Carrier in constructing consolidated seniority rosters as set forth in Article II of this Implementing Agreement.

 

C. Upon implementation the Carrier may begin consolidating extra boards and pools and relocating employees as provided elsewhere in this agreement.

 

 

1. Upon implementation but prior to pools being combined, such as El Paso to Alpine/Toyah, the Carrier may call the first out SP and first out UP Employee to go together, over the entire run, for familiarization purposes in addition to using other methods.

    

E. After all assignments are made, trainmen assigned to positions which require them to relocate will be given the opportunity to relocate within the next thirty (30) day period. During this period, the affected trainmen may be allowed to continue to occupy their existing positions. If required to assume duties at the new location immediately upon implementation date and prior to having received their thirty (30) days to relocate, such trainmen will be paid normal and necessary expenses at the new location until relocated. Payment of expenses will not exceed thirty (30) calendar days.

 

F. The Carrier may at its option, elect to phase-in the actual pool and extra board consolidations which are necessary in the implementation of this agreement. Trainmen will be given ten (10) days’ notice of when their specific relocation/reassignment is to occur.

 

A. Employees currently are under either the National Plan or the Union Pacific Hospital Association. Employees coming under a new CBA will have six months from the implementation of this agreement to make an election as to keeping their old coverage or coming under the coverage of their new CBA. Employees who do not make an election will have been deemed to elect to retain their current coverage. Employees hired after the date of implementation will be covered under the plan provided for in the surviving CBA.

 

B. If an employee is covered under a group life and/or disability insurance policy provided for in his/her collective bargaining agreement and that collective bargaining agreement is not the surviving collective bargaining agreement, the Carrier shall continue the premium payments required at the time of implementation of this agreement for those employees presently covered under those provisions for a period of six years, beginning January 1, 1998.

 

This Agreement is entered into this ____ day of ___________ 1999.

__________________________ __________________________

General Chairperson UTU UP General Director Labor Relations

__________________________ __________________________

General Chairperson UTU SPWest Assistant Vice President Southern Region

__________________________ __________________________

General Chairperson UTU SSW General Director Labor Relations

__________________________

General Chairperson UTU SP East Road

__________________________

General Chairperson UTU SP East Yard

__________________________

General Chairperson UTU-E

___________________________

Vice-President UTU

___________________________

Vice-President UTU

June 23, 1999 Side Letter No. 1

Gentlemen:

During our discussions on New York Dock and Crew Consist 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 a single paid personal leave or vacation day and hold their turn so that if it obtains a first out status they will be first out when they are marked up no less than 24 hours later, with no deduction from their protection; or

 

(2) Elect a minimum of two consecutive days paid personal leave days on pools whose round trip district miles are 400 or less or a minimum of three consecutive days on pools whose round trip district miles are more than 400 miles and not hold their turns. If the minimum number of consecutive days are met for each round trip, then no deduction will be made in their protection.

 

Question #1: If the round trip district miles of a run are 390 miles and initial and or final terminal delay make a payment over 400 miles how many personal leave days must be used.

 

Answer #1: Only the district miles are used for determining the number of personal leave days to be used. In this case two personal leave days would qualify for no deduction.

 

Question #2: If the round trip district miles are over 400 miles how is a deadhead counted.

 

Answer#2: Deadheads are already taken into account by using a 1/15th offset for pools. Since most pools do not average 15 round trips per month a 1/15th offset is less than using the average for each pool. As a result the round trip district miles are used for determining the number of personal leave days that would substitute for no offset and in this case three personal leave days would qualify.

 

(3) Elect a single paid personal leave or vacation day and not hold their turn resulting in payment of a single day with a corresponding 1/15th deduction from protection.

 

The option must be selected by the employee at the time the personal leave or vacation day is granted. Employees must file the protection form each time they take paid days in accordance with the above options.

Yours truly,

W. S. Hinckley

General Director Labor Relations

Agreed:

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

June 23, 1999

Side Letter No.2

Gentlemen:

During negotiations the parties spent considerable discussion concerning the intent and meaning of the NOTE in Article I. It was agreed that further detail would be provided in a side letter explaining how different types of operations would be affected. The following is meant to give further definition to the NOTE:

Road Switchers: Road Switcher agreements in the controlling CBA provide for a 25 mile limit unless specifically provided otherwise. A road switcher that goes on duty inside the Hub or zone, would be governed by the 25 mile provisions even though the 25 miles would take the assignment into the adjoining Hub or zone. For example, a road switcher at Pratt (Dalhart Hub assignment) could operate 25 miles into another hub.

 

Locals on duty inside the Hub: Current locals that go on duty inside a hub may continue to operate to points outside the Hub. New locals that operate in more than one Hub shall be established in accordance with Article IX of the October 31, 1985 National Agreement.

 

Locals on duty outside the Hub: Current locals that go on duty outside a hub may continue to operate to points inside that hub. New locals that go on duty outside a hub and operate into that hub shall be established in accordance with Article IX of the October 31, 1985 National Agreement.

 

Current Pools and Pools established by Merger Agreements: These pools may operate between their designated terminals even if outside the hub. They may operate up to 25 miles beyond the terminal when picking up a train in accordance with the 25 mile provisions of Article VI.

 

New Pools created after this Agreement: New pool operations not covered in this implementing Agreement whether between hubs or within a hub shall be handled per Article IX of the 1985 National UTU Agreement.

 

Operations (including, but not limited to, yard assignments, road switchers, locals, work train or pools) may operate into out of, through, between and among the various zones of the El Paso Hub.

 

Yours truly,

W.S. Hinckley

Agreed:

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

June 23, 1999

Side Letter No. 3

Dear Sir:

This refers to Article IX B wherein the parties agreed to set forth in a side letter the details covering the handling of UP crew consist protected employees currently entitled to share in the productivity fund once the Southwest Territory Merger Agreement is implemented. In keeping with that Article the following shall govern:

Yours truly,

W.S. Hinckley

Agreed:

_______________________

General Chairperson UTU

June 23, 1999

Side Letter No. 4

Gentlemen:

During negotiations the parties spent considerable discussion concerning the application of Article III. L. and the phasing out of the home terminal of the Pratt pool turns from Pratt to Dalhart.

The agreement establishes the home terminal of the pool at Dalhart but contemplates that employees who were continuously working and residing at Pratt or vicinity from the date notice was served to begin negotiation (notice dated March 24, 1999) to the date of implementation may continue to maintain their residences at that location so long as pool freight service between Dalhart and Pratt and extra board work at Pratt continues to exist and such employees possess sufficient seniority to hold such assignments. These employees, whose names shall be provided by the Organization, subject to verification by the Carrier, will be allowed to continue to reside at Pratt on an attrition basis, subject to the following:

 

1. Any or all of such employees may elect to relocate to Dalhart immediately upon implementation and receive the relocation benefits set forth in Article VII.

    

    

    

2. Trainmen performing service in the Dalhart-Pratt pool who continue to reside at Pratt under this attrition arrangement will continue to be entitled to their percentage of the turns in the pool that existed prior to this merger except as provided in (3) below, although the home terminal of the pool will be Dalhart. They will be afforded reverse lodging at Dalhart and layoff privileges at Pratt. No new pool turns will be added at Pratt under any circumstances.

    

    

    

3. When a Pratt employee covered by this attrition arrangement vacates his/her pool assignment through retirement, resignation, normal course of seniority, voluntary relocation, etc., or 4. below, such position will no longer be maintained at Pratt, but will be readvertised at Dalhart.

    

    

    

4. An extra board and other regular (non-pool) assignments at Pratt (including those headquartered at Liberal) will be maintained at Pratt and will fall under the jurisdiction of this hub. If there are unfilled positions on any of these assignments, the junior trainman in the Dalhart-Pratt pool specifically named as covered by this side letter will be required to take such position or assignment, and the resulting vacant pool turn will be readvertised at Dalhart.

    

Note: This does not permit the Carrier to artificially inflate the extra board or other assignments for the purpose of attriting pool turns to Dalhart, and when extra board or other assignments are reduced, the employees specifically named as covered by this side letter may reclaim Pratt pool turns under this arrangement.

 

5. Employees covered by this arrangement will not be entitled to HAHT pay at either end of the pool runs. The pool will be operated to provide for minimal time at the away from home terminal when possible.

Yours truly,

W. S. Hinckley

General Director Labor Relations

AGREED;

___________________________

General Chairperson UTU

___________________________

General Chairperson UTU

June 23, 1999

Side LetterNo.5

Gentlemen:

This refers to our several discussions concerning Yuma and the Carriers plans for assignments at that location and the extra board plans for that area.

Currently Yuma is the away from home terminal for West Colton crews. In addition there are a couple of assignments (local/road switcher) that work east and a couple of assignments (local/ road switcher) that work west from Yuma. Sometimes the Carrier has run the Imperial Valley assignments from Yuma and sometimes from West Colton.

In addition to the provisions of this Agreement, the following will apply:

1. There will be one extra board at Yuma and the extra board at Yuma will be used to fill short term vacancies on all assignments that have Yuma or El Centro as a home terminal.

 

2. The extra board will perform hours of service relief/turnaround service as far west as Niland (MP 667) in the LA Hub and as far east as is negotiated this Hub.

 

3. LA Hub prior rights are to be attrited.

 

Yours truly,

W.S. Hinckley

Agreed:

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

__________________________

General Chairperson UTU

__________________________

General Chairperson UTU

__________________________

General Chairperson UTU

__________________________

General Chairperson UTU

June 23, 1999

Side Letter No. 6

Gentlemen:

This has reference to the Merger Implementing Agreement for the Southwest Territory entered into this date.

During our negotiations there was considerable discussion surrounding the operational changes resulting from a merger of UP and SP operations. Specifically, it was your observation that the merged operation might possibly require an increased amount of transporting of employees, and your Organization has concerns regarding the quality of the vehicles presently used for transporting employees, as well as the drivers of said vehicles.

It was Carrier's position that there are existing procedures available to resolve any complaints regarding deficiencies in crew transportation and, as such, this was not a proper topic for inclusion in a Merger Implementing Agreement.

Without prejudice to the positions of the respective parties as set forth above, the Carrier believes it is in the best interests of all parties that routine, unannounced safety audits of crew transportation contractors be conducted, and that a process be established for prompt investigation and, if necessary, resolution of complaints of specific instances of deficiencies in this area. In this regard, this will confirm my advice given you during our negotiations that Carrier agreed it would direct its designated manager to contact a Local Chairman to be designated by your Organization for the purpose of scheduling and conducting field safety audits of transportation contractors in the hub. These safety audits will include, but not be limited to, inspection of vehicles, unannounced rides, interviewing crews, and meeting drivers. These safety audits will be performed no less frequently than quarterly.

If issues are raised by the safety audits which cannot be resolved to the satisfaction of your Organization, they may be referred to the appropriate Labor Relations Officer by the General Chairman for discussion in conference at the earliest possible date to seek a resolution. The conference will include the appropriate Regional Vice President or his designate.

Yours truly

W. S. Hinckley

General Director-Labor Relations

Agreed:

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

__________________________

General Chairperson UTU

__________________________

General Chairperson UTU

June 23, 1999

Side Letter No. 7

Gentlemen:

This has reference to our negotiations covering the Merger Implementing Agreement entered into this date between the Union Pacific Railroad Company, Southern Pacific Lines and the United Transportation Union. During these negotiations, the Organization expressed concern that employees who expire on the Hours of Service Law would not be transported in a timely manner to the destination terminal.

This will confirm the advice given to you, i.e., that when an employee ties up on the Hours of Service before reaching the objective terminal, the Carrier will make every reasonable effort to relieve subject employee and transport him to the tie up point, expeditiously. The Carrier recognized the interests of the railroad and its employees are best served when a train reaches the final terminal within the hours of service. In the event this does not occur, the Carrier is committed to relieving that employee and providing transportation as soon as practical. It is understood that this commitment contemplates transportation in the form of passenger vehicle, and employees shall not be transported to the tie-up point after Hours of Service tie-ups by means of train except in case of emergency or extraordinary circumstances which make providing a vehicle impossible.

In the event the Organization feels that this commitment is not being observed at a particular location, the General Chairman shall promptly contact the Director of Labor Relations in writing stating the reasons or circumstances thereof. Within ten (10) days after being contacted the Director of Labor Relations will schedule a conference between the parties to discuss the matter and seek a resolution. The conference will include the appropriate Regional Vice President or his designate.

Yours truly,

W. S. Hinckley

General Director-Labor Relations

Agreed:

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

_________________________

General Chairperson UTU

__________________________

General Chairperson UTU

__________________________

General Chairperson UTU

June 23, 1999

Side Letter No. 8

Gentlemen:

In discussing various issues involved with the merger of the Southwest Territory the parties hereto realize that the merger of the former properties into a unified system is a complex undertaking and with the changes in operations and seniority territories, employees covered by this Agreement will be required to perform service on unfamiliar territory.

Familiarization will be a large undertaking, and it is to the benefit of both parties that this process begin as soon as possible so that implementation can occur in a more orderly and rapid manner. Therefore, it is understood that Carrier may begin qualifying employees on unfamiliar territory, to the extent feasible based upon operational and manpower constraints, between time of execution of this implementing Agreement and date of implementation thereof.

It is understood that familiarization will be accomplished in accordance with Article VIII Familiarization of this Agreement. Employees making familiarization trips which involve greater mileage than their existing (pre-merger) runs will be paid actual mileage to the new objective terminal. Local UTU officers will work with local Carrier officers to implement this Side Letter in the most effective manner.

If the foregoing adequately and accurately sets forth our agreement in this regard, please so indicate by signing in the space provided for that purpose below.

Yours truly,

W. S. Hinckley

A1. As far as Niland for hours of service work and the area of assignments that go on duty at Yuma and El Centro when they hold those assignments or fill them on a short term vacancy basis.

 

Q2. When the language says not including a point may employees work into that point and if so what work may they do?

A2. Yes, employees may work into those points. For example, LA Hub pool employees may work into Yuma and perform any work permitted by applicable agreements for that class of service with Yuma as their final terminal.

 

Article II - SENIORITY AND WORK CONSOLIDATION

A4. The inactive roster noted in Article II.H, refers to the status of employees who are not in active service who pre-merger were on a UP/SSW/SPEL or SPWL roster with rights to work in the Southwest Territory. Such employees include those on leave of absence for government, union and company service, medical leave including disability, etc. Because those employees have rights to exercise seniority upon return to active service but may not do so from inactive status, such employees will be required to select a Hub upon their return to active service, contingent upon the employee having rights to the selected hub pre-merger. It is not possible to predict the number of people who may return from inactive status and, thereafter, the Hub that such people may select upon their return. Therefore, eligibility to mark up in a Hub must be determined for each individual upon that individuals return to active status.