/TRAINMEN/TRAINMEN
Southwest Territory
(Arizona, El Paso and Dalhart Hubs)
between the
UNION PACIFIC
SOUTHERN PACIFIC TRANSPORTATION COMPANY
And
UNITED TRANSPORTATION UNION
In Finance Docket No. 32760, the U.S. Department of Transportation, Surface Transportation Board (
STB) approved the merger of the Union Pacific Corporation (UPC), Union Pacific Railroad Company/Missouri Pacific Railroad Company (collectively referred to as UP) and Southern Pacific Rail Corporation, Southern Pacific Transportation Company (SP), St. Louis Southwestern Railway Company (SSW), SPCSL Corp., and The Denver & Rio Grande Western Railroad Company (DRGW) (collectively referred to as SP). In approving this transaction, the STB imposed New York Dock labor protective conditions.
In order to achieve the benefits of operational changes made possible by the transaction, to consolidate the seniority of all Employees working in the territory covered by this Agreement into common seniority districts covered under a single, common collective bargaining agreement.
IT IS AGREED:
I. Southwest Territory
B. The Southwest territory shall encompasses the following area: the territory from milepost 292.33 East of Pratt Kansas westward to milepost 731.5 West of Yuma, Arizona: BNSF trackage rights to Childress (not including) and Lubbock (including) that connect to this line; and the lines from El Paso to Alpine (not including) and Toyah (not including) and shall include all main and branch lines, industrial leads and stations between the points identified.
NOTE: Employees with a home terminal within any of the three hubs (Arizona, El Paso or Dalhart) may work to points outside their hub without infringing on the rights of any other employee in other hub. Employees from outside any of the three hubs may work to points within those three hubs without infringing on the rights of any employee within those hubs. The three hubs identify the on duty points for assignments and not the boundaries of assignments. ( This note is further explained in Side letter No. 2)
II. Seniority and Work Consolidation.
The following seniority consolidations will be made:
A. The Southwest Territory shall be divided into three hubs as follows:
1. Arizona - The territory between Yuma (including) and Lordsburg (not including).
2. El Paso - The territory between Lordsburg (including) and Alpine (not including), Toyah (not including) and Vaughn (not including).
3. Dalhart - The territory between Vaughn (including) and Pratt (including), Childress (not including) and Lubbock (including).
1. Arizona Hub - All former SPWL employees working or furloughed in the hub on the day of implementation of this Agreement shall be listed in the same position as they now are listed with respect to all other employees who remain in the hub. This will apply for all rosters in the Arizona Hub.
Zone 1 – Road Service El Paso-Lordsburg and El Paso-Vaughn
Zone 2 – Road Service El Paso-Toyah/Alpine
Zone 3 – Yard service El Paso
i. A temporary list will be constructed by dovetailing UP and SPEL brakemen using each employee’s earliest retained UTU brakeman
ii. For the purpose of placement on the combined conductor
s roster two lists will be made. The lists will be as follows :
2) All UP conductors by earliest retained UTU conductor
iii. The two conductor lists ( UP and SPEL) in item ii above will be used to fill the combined conductor roster slots. If slot 1 on the combined roster is UP and slot 2 is SPEL then the first conductor on the UP conductor list is placed on slot 1 and the first conductor on the SPEL conductor list is placed on slot 2. This shall continue until all conductors are placed on the roster.
iv. Once placed on the roster, the order of employees shall be maintained.
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.
1. Assignments at Yuma and El Centro (Imperial Valley) protected by the West Colton source of supply shall be governed as follows:
III. POOL OPERATIONS/ASSIGNED SERVICE
The following operations may be instituted:
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.
set forth in Side Letter No. 4.
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:
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.
V. TERMINAL AND OTHER CONSOLIDATIONS
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:
|
SUBDIVISION/LINE |
|
MILEPOST |
|
Valentine |
|
820.0 |
|
Lordsburg |
|
1291.54#1 1319.87#2 |
|
Carrizozo |
|
1300.54 |
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.
VI. AGREEMENT COVERAGE
A. General Conditions for Terminal Operations.
B. General Conditions for Pool/Assigned Operations in Article III.
1. The terms and conditions of the pool operations set forth in Article III (A-L) shall be the same except where specifically provided otherwise in those Sections. The terms and conditions are those of the surviving collective bargaining agreement as modified by subsequent national agreements, awards and implementing documents and those set forth in this Agreement.
2. Twenty-Five Mile Zone - Pool employees may receive their train up to twenty-five miles on the far side of the terminal and run on through to the scheduled terminal. Employees shall be paid an additional one-half (
EXAMPLE: An El Paso-Vaughn crew receives their westbound train fifteen (15) miles east of Vaughn and runs to El Paso. They shall be paid the actual miles established for the El Paso - Vaughn run and a minimum of an additional one-half basic day for handling the train from the point fifteen (15) miles east of Vaughn back through that terminal. (See Q&A
3. Turnaround Service/Hours of Service Relief. Except as provided
in (2) above, turnaround hours of service relief at both home and away from home terminals shall be handled by extra boards, if available, prior to using pool employees in turn around service. Employees used for this service may be used for multiple trips in one tour of duty in accordance with the surviving CBA. Extra boards may handle this in all directions out of a terminal. At El Paso where there is more than one road extra board, the extra boards shall protect their primary road area of coverage for this service; however, in an emergency, employees from one road extra board may be used to protect service covered by another road extra board. 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.
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.
D. Other Provisions
1. Overtime - Employees who have an engine/train service seniority date prior to October 31, 1985 shall begin overtime at the expiration of eight (8) hours for those through freight runs that are one hundred sixty miles or less and on runs in excess of one hundred sixty miles overtime will begin when the time on duty exceeds the miles run divided by twenty, or in any case, when on duty in excess of ten hours. When overtime, initial terminal delay and final terminal delay accrue on the same trip, allowance will be the combined initial and final terminal delay time or overtime, whichever is the greater. Employees hired after October 31, 1985 shall be paid overtime in accordance with the National rules governing same and in the same manner previously paid on the Union Pacific prior to the merger.
2. Personal Leave - Requests for personal leave day(s) will be granted or rejected at the time requested. If granted, the day(s) will commence at the time granted and the employee
NOTE: Non-compensated does not refer to absences due to a disability that is covered by Railroad Retirement Disability benefits or CBA group insurance benefits.
3. Rest Day - Employees who are New York Dock or SP/UP crew consist protected, who are on guaranteed extra boards shall be entitled to one (1) rest day (a 24-hour period or portion thereof) during the pay period for which no deduction in their New York Dock or crew consist protection shall be made subject to the following conditions:
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.
VII. PROTECTION.
A. Due to the parties voluntarily entering into this agreement the Carrier agrees to provide New York Dock wage protection (automatic certification) to all prior right employees who are listed on either an Arizona, El Paso or Dalhart Hub roster and working an assignment (including a Reserve Board) or furloughed on July 1, 1999. (The term working shall also include those employees disciplined and later returned to work and those full time Union Officers should they later return to service with the Carrier.) This protection will start with the effective (implementation) date of this Agreement. The provisions of Attachments
B. This protection is wage only and hours will not be taken into account.
C. Employees required to relocate under this agreement will be governed by the relocation provisions of New York Dock. In lieu of New York Dock provisions, employees required to relocate may elect one of the following options:
1. Non-homeowners may elect to receive an
2. Homeowners may elect to receive an
in lieu of allowance in the amount of $20,000 upon providing proof of actual relocation.
3. Homeowners in Item 2 above, who provide proof of a bona fide sale of their home at fair value at the location from which relocated, shall be eligible to receive an additional allowance of $10,000.
(a) This option shall expire five (5) years from date of application for the allowance under Item 2 above.
4. With the exception of item 3 above, no claim for an "in lieu of" relocation allowance will be accepted after two (2) years from date of implementation of this agreement.
5. Employees receiving an "in lieu of" relocation allowance pursuant to this implementing agreement will be required to remain at the new location, seniority permitting, for a period of two (2) years.
6. Under no circumstances shall an employee be permitted to receive more than one (1)
7. Seniority relocations from Yuma to Phoenix and Tucson shall be treated as required to relocate.
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.
VIII. FAMILIARIZATION
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.
IX. CREW CONSIST
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.
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.
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.
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.
XI. HEALTH AND WELFARE
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.
For the Organization: For the Carrier:
__________________________ __________________________
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
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General Chairperson UTU
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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:
1. The Carrier shall continue to make productivity fund plugs for all trips up to close of business the day before implementation day.
2. On implementation day the fund shall be frozen and the proceeds paid out in the normal and usual manner based on the trip credits up to implementation day.
3. The value of a trip credit at the close of the 1999 productivity fund year shall be used to determine each covered employee
4. In February, each covered employee shall receive an amount equal to the number of trip credits earned in the previous calendar year as determined by the crew consist agreement multiplied by the 1999 trip credit value as adjusted for future increases.
Example: At the close of the 1999 productivity fund year the trip credit value is $30.00. The Southwest Territory Merger Agreement is implemented on October 1, 1999. A covered employee shall share in the productivity fund for the period from October 1, 1998 ( the beginning of the new fund year) to September 30,1999. This distribution will be made at the regular time as provided in the agreement. During the period between October 1, and December 31, 1999 the employee earns 60 trip credits In February 2000, the employee will receive a payment of $1800.00 ($30 x 60) In the calendar year 2000 the employee earns 400 trip credits and in February 2001 the employee shall receive a payment of $12,000.00.
5. Productivity fund payments are not included in an employee
6. Upon retirement or resignation an employee shall be paid their final payment for trip credits earned in the last year within 60 days of leaving the service.
7. These payments are individual payments and no group fund is created. When an employee leaves the Carrier
s service these payments cease for that employee and are not shared by other employees.
NOTE: Special allowances are also eliminated, however they have been included in the TPA of the employees.
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:
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
General Director-Labor Relations
Agreed:
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General Chairperson UTU
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General Chairperson UTU
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General Chairperson UTU
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General Chairperson UTU
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General Chairperson UTU
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General Chairperson UTU
June 23, 1999
Side Letter No. 9
Gentlemen:
This has reference to the Merger Implementing Agreement for the Southwest Territories entered into this date.
During our discussions regarding vacations, the Carrier’s attention was directed to the fact that certain former Rock Island trainmen on the SSW are entitled to use their former Rock Island seniority date for purposes of determining length of vacation. This letter will confirm Carrier’s commitment to preserve and honor said arrangement.
Yours truly,
W. S. Hinckley
Agreed:
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General Chairperson, UTU
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General Chairperson, UTU
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General Chairperson, UTU
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General Chairperson, UTU
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General Chairperson, UTU
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General Chairperson, UTU
June 23, 1999
Side Letter No. 10
Gentlemen:
During negotiations of the Southwest territory Hubs the issues of TPA’s and productivity funds were discussed. In was agreed that a more detailed explanation was needed and the parties have developed the following to give further detail to the employees:
1. Those employees with a trainman’s seniority date prior to November 29, 1988 shall have their TPA adjusted and a productivity account created. The adjustment shall be made by taking the UPTP per share credit value for 1999, the number of trips worked by each covered employee in the 12 months prior to October 1, 1999 and multiplying the two. This total amount shall then be divided by twelve and the monthly TPA shall be reduced by this amount.
Example: The per trip credit value for the UPTP for 1999 is $35 per trip.(this amount is just an example and is not the actual amount) Employee A worked two hundred trips in 12 month time period. Multiple $35 x 200 for a total of $7000. Divide $7000 by 12 for a total of $583.33. The monthly TPA shall be reduced by $583.33.
Yours truly,
W. S. Hinckley
Agreed:
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General Chairperson UTU
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General Chairperson UTU
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General Chairperson UTU
UTU QUESTIONS AND ANSWERS SOUTHWEST TERRITORY
Article I –SOUTHWEST TERRITORY
Q1. How far west of Yuma may an Arizona Hub employee work?
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
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
Q3. Are full time union officers including full time state legislative board representatives, Company officers, medical leaves and those on leave working for government agencies covered under Article II.H.?
A3. Yes
Q4. How many employees are covered by the inactive roster referenced in Article II.H.?
A4. The
Q5. Are their exceptions to Article II.G. with respect to seniority being eliminated?
A5. Yes, there is a side letter (No. 3) to the Portland Hub Zone 1 agreement that covers the system hostlers in Eugene. Since the UP agreement they are coming under has no provisions for system hostlers they have a one time election to place in an area covered by the SP West Agreement.
ARTICLE III - POOL/ASSIGNED SERVICE OPERATIONS
Q6. Will existing pool freight terms and conditions apply on all pool freight runs?
A6. No. The terms and conditions set forth in the surviving collective bargaining agreements and this document will govern. Pools will be regulated between 3800-4200 miles per month.
Q7. How will the crews know the miles of the new assignments?
A7. The parties will meet and review the mileage and a chart will be given to timekeeping, Local Chairmen and posted at various locations.
ARTICLE IV - EXTRA BOARDS
Q8. How many extra boards will be established at implementation?
A8. The number is not known at this time. There will be a phase in of the familiarization process and they will be consolidated and established as this process proceeds.
Q9. Are these guaranteed extra boards?
A9. Yes. The pay provisions and guarantee offsets and reductions will be in accordance with the surviving CBA guaranteed extra board agreement.
Q10. When will the Yuma extra board cover all the assignments provided for in this agreement.
A10. When this Agreement is implemented and notice is served to combine the extra boards?
ARTICLE V - TERMINAL CONSOLIDATIONS
Q11. Are the national road/yard Zones covering yard employees measured from the new terminal limits where the yard assignment goes on duty?
A11. The new terminal/station limits where the yard employee goes on duty will govern.
ARTICLE VI - AGREEMENT COVERAGE
Q12. When the surviving CBA becomes effective what happens to existing claims filed under the other collective bargaining agreements that formerly existed in the Southwest Territory?
A12. 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.
Q13. How will vacations for 2000 be handled?
A13. Vacations for 2000 will be scheduled under the provisions of the surviving CBA. The number of weeks allotted will be based on the number earned in 1999 under the CBA the employees were working prior to implementation.
Q14. If an employee in the 25 mile zone is delayed in bringing the train into the original terminal so that it does not have time to go on to the far terminal, what will happen to the employee?
A14. Except in cases of emergency, the employee will be deadheaded on to the far terminal.
Q15. Is it the intent of this agreement to use employees beyond the 25 mile zone?
A15. No. These provisions only apply to outbound employees at their initial terminal within 25 miles of the initial terminal.
Q16. In Article VI B2, is the ½ basic day for operating in the 25 mile zone frozen and/or is it a duplicate payment/ special allowance?
A16. No, it is subject to future wage and COLA adjustments and it is not a duplicate payment/special allowance and thus applies equally to pre and post 1985 employees and employees hired/promoted subsequent to the provisions of this agreement.
Q17. How is an employee paid if they operate in the 25 mile zone?
A17. If an employee is transported to his/her train 10 miles East of Vaughn and takes the train to El Paso and the time spent is one hour East of Vaughn and 11 hours between Vaughn and El Paso with no initial or final delay earned,(total time on duty 12 hours) the employee shall be paid as follows:
A. One-half basic day for the service East of Vaughn because it is less than four hours spent in that service.
Q18. Are miles in the 25 mile zone added to the district miles of the run?
A18. No, and time spent in the zone does not factor into the computation of overtime; however, if the time spent within the zone, if factored into the computation of overtime, would produce road overtime earnings for the tour of duty in excess of the minimum four (4) hour payment, the higher overtime earnings would apply in lieu of the minimum four hour payment.
EXAMPLE: An employee on a 130 mile run works 6 hours in the 25 mile zone and 7 hours completing their trip to the far terminal. The employee shall compute his/her time in two ways:
1. 6 hours at straight time in the 25 mile zone and 130 miles for the 7 hours (straight time) on the 130 mile trip; or
2. 13 hours on duty for a 130 mile trip, eight hours at straight time and 5 hours overtime;
And shall be paid the greater amount.
Q19. How will initial terminal delay be determined when performing service in the 25 mile zone?
A19. Initial terminal delay for employees entitled to such payments will be governed by the applicable collective bargaining agreement and will not recommence when the employee operates back through the on duty point. Operation back through the on duty point shall be considered as operating through an intermediate point.
Q20. Is it the intent of this agreement to use employees in the 25-mile zone if not qualified to operate on that territory?
A20. No, it is not the intent of this Agreement to require employees to operate against their will within the 25 mile zone if not qualified on such territory.
Q21. If the away from home terminal is outside the hub where the home terminal is located, will the 25 mile zone rule apply?
A21. If the away from home terminal is in a Hub that also has a 25 mile zone rule then this rule will apply for employees covered by this Agreement while at the away from home terminal. If the away from home terminal is in a Hub that does not have a similar rule, then the rule will not apply while at that away from home terminal.
Q22. Where is the 25 mile zone measured from?
A22. The same terminal limits as used by yard crews in their road/yard zone. If none then station limits will apply.
Q23. Does the language of VI B 3 prohibit the use of pool freight employees in straight away combination deadhead/service from picking up a train whose employee had earlier expired under the Hours of Service Act?
A23. No, the language of Article VI B 4 clearly preserves that service. The language of VI B 3 provides that extra boards will be used before pool employees in turnaround hours of service relief and does not require that they be used prior to pool employees in straight away service.
Q24. May employees run through their destination terminal up to 25 miles?
A24. No, the twenty-five mile provisions are only for obtaining a train on the far side of a terminal and not for running through their destination terminal.
Q25. How will an employee be paid who is used in the twenty-five mile zone to obtain a train, brings the train into the original on-duty terminal (now an intermediate point) and then deadheaded on to the far terminal because of insufficient time to continue with the train?
A25. The employee will be paid under the twenty-five mile provisions for the work in that Zone and deadheaded in combination deadhead/service. For example on a run of 190 miles, if an employee worked 8 hours in the 25 mile zone and then deadheaded on to the far terminal they would be paid 8 hours plus 190 miles. Employees will be deadheaded to the far terminal in these situations.
ARTICLE VII - PROTECTION
Q26. What rights does an employee have if he/she is already covered under labor protection provisions resulting from another transaction?
A26. Section 3 of New York Dock permits employees to elect which labor protection they wish to be protected under. By agreement between the parties, if an employee has three years remaining due to the previous implementation of Interdivisional Service the employees 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 an employee 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. This also applies to those receiving ID protection as a result of the implementation of the service to Vaughn.
Q27. How will reductions from protection be calculated?
A27. In an effort to minimize uncertainty concerning the amount of reductions and simplify this process, the parties have agreed to handle reductions from New York Dock protection as follows:
1. Pool freight assignments - 1/15 of the monthly test period average will be reduced for each unpaid absence of up to 48 hours or part thereof. Absences beyond 48 hours will result in another 1/15 reduction for each additional 48 hour period or part thereof.
2. Five day assignments - 1/22 of the monthly test period average will be reduced for each unpaid absence of up to 24 hours or part thereof. Absences beyond 24 hours will result in another 1/22 reduction for each additional 24 hour period or part thereof.
3. Six & seven day assignments - The same process as above except 1/26 for a six day assignment and 1/30 for a seven day assignment.
NOTE: There shall be no offset from protection for rest days on five day and six day assignments,.
4. Extra board assignments - 1/30 of the monthly test period average will be reduced for each unpaid absence of up to 24 hours or part thereof. Absences beyond 24 hours will result in another 1/30 reduction for each additional 24 hour period or part thereof.
NOTE: Absences on the extra board shall be calculated from the time of unavailability (layoff, missed call, etc) until the next time called for service. For example: If a employee lays off on Monday at noon, marks up the next day, Tuesday, and does not work until 2 AM on Wednesday, then they shall be off for protection purposes for thirty-eight (38) hours and shall be deducted 2/30 of their protection.
Q28. Why are there different dollar amounts for non-home owners and homeowners?
A28. New York Dock has two provisions covering relocating. One is Article I, 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.
Q29. Why is there one price on loss on sale of home?
A29. It is an in lieu of amount. Employees 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.
Q30. What is loss on sale of home for less than fair value?
A30. 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.
Q31. If the parties cannot agree on the loss of fair value what happens?
A31. New York Dock Article I, 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.
Q32. What happens if a employee sells the home for $20,000 to a family member?
A32. That is not a bona fide sale and the employee would not be entitled to either an in lieu of payment or a New York Dock payment for the difference below the fair value.
Q33. What is the most difficult part of New York Dock in the sale transaction?
A33. 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.
Q34. Who is required to relocate and thus eligible for the allowance?
A34. A employee 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 employees who are borrow outs or forced into one of the three hubs and released and employees who have to exercise seniority due to a non merger event.
Q35. Are there any seniority moves that will be treated as required to relocate?
A35. Yes and the following is an example:
Example 1: The Yuma portion of the Tucson-Yuma pool is moved to Tucson. Senior employees from Yuma who bid in the turns in Tucson are eligible for the allowance.
Q36. Will the new extra board at Alpine also be covered?
A36. Since this is a result of the merger agreement the initial position(s) is eligible for a relocation.
Q37. At what time did an employee need to be a home owner to qualify as a home owner for relocation purposes?
A37. New York Dock protects home owners due to loss on sale of home that are caused by the merger. While other Hubs had an earlier date, due to the time lapse between the first and this Hub the Carrier has agreed to cover as home owners those who owned those who owned a home on or before October 1, 1998.
Q38. Will employees be allowed temporary lodging when relocating?
A38. Employees entitled to a relocation allowance shall be given temporary lodging for thirty (30) consecutive days as long as they are marked up.
Q39. Are there any restrictions on routing of traffic or combining assignments?
A39. There are no restrictions on the routing of traffic in the Southwest Territory 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.
Q40. Will the Carrier offer separation allowances?
A40. 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.
Q41. How will Union Officers’ TPAs be established?
A41. The Carrier will average the two above and two below (on the pre-merger rosters) in any service. If greater than their regular TPA it shall be used. Employees with unusually high or low TPAs will not be considered.
Q42. How will an employee be advised of their test period earnings?
A42. Test period averages will be furnished to each individual and the General Chairmen.
Q43. Is vacation pay received during the test period considered as compensation?
A43. Yes, and used to determine if the TPA has been reached for the month when paid.
Q44. Regarding the above question, if an employee is on vacation the entire month and the vacation pay thereof is less than his TPA, would he be entitled to draw a displacement for the difference?
A44. Yes.
Q45. How is length of service calculated?
A45. It is the length of continuous service an employee has in the service of the Carrier with a month of credit for each month of compensated service.
Q46. If an employee has three years of trainman’s service, and one year of clerical service how many years of NYD protection will they have?
A46. Four.
Q47. How will the employees know which jobs are higher rated?
A47. The Carrier will periodically post job groupings identifying the highest to lowest paid jobs.
Q48. Will specific jobs be identified in each grouping?
A48. Pools, locals and extra boards may be identified separately but yard jobs and road switchers will not be.
Q49. If an employee has worked full time in yard service the previous 12 months,, will he/she have to place in road service if it is the highest paying assignment to keep from having offsets?
A49. Recognizing that some employees have spent considerable time in the yard and have not been on the road in some time, the Carrier will allow these employees to remain in yard service. It will be the responsibility of the Local Chairmen to identify these individuals.
Q50. If an employee has started their NYD protection in another Hub and they elect to place in one of the three Southwest Territory Hubs, will they start their NYD protective period over?
A50. No, they will continue on with the same time period that started with the implementation of the other Hub.
Q51. If an employee is displaced does an offset to his/her TPA begin immediately upon being notified?
A51. By agreement between the parties, the Carrier will allow an employee up to three hours after being notified to make a displacement without an offset being applied.
Article IX -FAMILIARIZATION
Q52. Are there a set number of trips that an employee will take in learning new territory?
A52. No, since employees have differing experiences the number of trips will vary and the local chairmen will work with local operating officers on the number and type of trips needed.
Q53. An employee who makes familiarization trips only on the portion of the geographic territory where he intends to work may later exercise seniority or be forced to another part of the territory with which he is not familiar. Does this Agreement apply to the necessary additional familiarization trips?
A53. Yes, no matter how much time has elapsed from date of implementation of this Agreement.
Q54. Who will approve an employee as being properly familiarized on a new territory?
A54. Carrier officer.
Q55. If an unqualified extra employee stands first out for an assignment and the next extra employee is qualified, may the first out extra employee be run-around?
A55. No; however, the Carrier will attempt to place employees unfamiliar with extra board assignments on a familiarization board (paid the same as if on the extra board) to learn the area prior to marking up on the extra board. If the above happens, then the Carrier may call the next out employee to be a pilot, use a qualified officer to ride with them or use one of the peer training employees.
Q56. If the next out employee is used as a pilot, how shall they be compensated?
A56. The same as if they had operated the train.
Article X - IMPLEMENTATION
Q57. On implementation will all employees be contacted concerning job placement?
A57. No, the implementation process will be phased in and employees 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 employees may be contacted for placement if insufficient bids/applications are received. The new seniority rosters will be available for use by employees who have a displacement.
Q58. During the execution of this Agreement, it is possible that the parties may discover errors or omissions relating to mile post designations, crew district mileages, etc. Is it the intent of either party to hold the other party to such items because there was simply not time to verify them for accuracy?
A58. No, these type of clerical errors may be corrected when discovered.
Side Letters
Q59. Do the provisions of side letter #4 apply to trainmen in the Salina Hub who have held their seniority in abeyance and were working Pratt, Kansas trainmen positions on March 24, 1999?
A59. Yes, if they return to Pratt in the initial Hub seniority slotting.
Q60. Do the provisions of side letter #4 apply to trainmen who were in trainman training at Pratt on March 24, 1999?
A60. Yes, if they reside at or in the vicinity of Pratt and if in the Hub at the initial Hub seniority slotting.
SOUTHWEST HUB MILEAGE CHART
Pool Mileage
Pratt – Dalhart 242
Dalhart – Vaughn 195
El Paso – Vaughn 229
El Paso – Toyah 191
El Paso – Alpine 220
El Paso – Lordsburg 149
Tucson – El Paso 310
Tucson – Lordsburg 161
Tucson – Nogales (turnaround) 132
Tucson – Phoenix 121 (130 basic day)
Tucson – Phoenix (turnaround) 242
Tucson – Yuma 254
Phoenix - Yuma 278
These are base miles. In El Paso, if a location different from the one used for base miles, is used for receiving or leaving a train and trainmen are currently paid additional miles they are retained.