PB
- 90154
MERGER IMPLEMENTING AGREEMENT
(Portland
Hub)
Zones
2 and 3
between
UNION PACIFIC RAILROAD COMPANY
SOUTHERN
PACIFIC TRANSPORTATION COMPANY
and
BROTHERHOOD OF LOCOMOTIVE
ENGINEERS
In
Finance Docket No. 32760, the Surface Transportation Board approved the merger
of the Union Pacific Corporation, Union Pacific Railroad Company/Missouri
Pacific Railroad Company (hereinafter, collectively referred to as
"Carrier" or "UP") and Southern Pacific Rail Corporation,
Southern Pacific Transportation Company, St. Louis Southwestern Railway
Company, SPCSL Corp., and the Denver & Rio Grande Western Railroad Company
(Hereinafter, collectively referred to as "SP"). In approving this
transaction, the STB imposed New York Dock labor protective conditions.
Pursuant
to New York Dock, and to achieve the public transportation benefits and
operational changes made possible by this transaction, IT IS AGREED:
I.
PORTLAND HUB ZONES 2 AND 3
New
seniority districts shall be created that encompasses the following area: UP
territory including milepost 182.79 west of Seattle, Washington, to Eastport,
Idaho, on the Spokane International to milepost 390.0 at Silver Bow, Montana,
to milepost (Pocatello sub) 191.80 at McCammon, Idaho, and to milepost
(Pocatello sub) 0.64 at Granger, Wyoming; SP territory from (including)
Chemult, Oregon to the Portland Terminal. The Hub shall be divided into three
(3) zones as follows:
A.
Zone 1 will include operations Chemult north to Seattle and Portland
east to (not including) Hinkle.
NOTE: This Zone was
covered by the Merger Implementing Agreement (Portland Hub) Zone 1 between the
Union Pacific Railroad Company and the Brotherhood of Locomotive Engineers
dated August 13, 1998.
B.
Zone 2 will include operations from, and including, Hinkle, Oregon, to,
and including, Huntington, Oregon, and from Hinkle, Oregon, to and including
Eastport, Idaho on the former Spokane International Railroad.
NOTE: It is the parties' intent herein to include those regular and
extra board positions governed by
the provisions of Article 11, Section B, Paragraphs 5.a. and 5.b. of the
August 13, 1998 Merger implementing Agreement for Portland Hub Zone 1 into
this new Zone 2.
C.
Zone 3 will include operations from, but not including, Huntington,
Oregon, to milepost 390.0 at Silver Bow, Montana, to milepost 191.80 at
McCammon, Idaho (Pocatello Subdivision) and to milepost 0,64 (Pocatello
Subdivision) at Granger, Wyoming.
NOTE: Zones 2 and 3 shall include
all main, branch and/or secondary lines, yard trackage, industrial leads and
all other trackage, leads and stations between the points identified.
D. Any
trackage or lines, either under lease or sale, that may be reacquired by UP
will be included in the appropriate zone.
II.
SENIORITY INTEGRATION AND CONSOLIDATION
The
following seniority consolidations for Zones 2 and 3 will be made:
A.
1. A new seniority district and master seniority roster shall be
created for Zone
2.
The master roster will be comprised of the following:
a.
Employees holding seniority, or in training, on the UP 3d Seniority
District;
b.
Employees holding seniority, or in training, on the UP 4th Seniority
District;
c.
Employees holding seniority, or in training, on the UP 5th Seniority
District;
d.
Employees holding seniority, or in training, on the UP 9th Seniority
District (former Spokane International Railroad);
e.
Employees holding seniority on the UP Idaho District Seniority Roster
who elect, pursuant to this Agreement, to permanently relocate to Zone 2; and,
f.
Employees holding engineer seniority in Portland Hub Zone 1 and
assigned to positions governed and protected by Article 11, Section B,
Paragraph 5 of the Merger Implementing Agreement (Portland Hub Zone 1) between
Union Pacific Railroad Company and the Brotherhood of Locomotive Engineers,
dated August 13, 1998, who elect, pursuant to this Agreement, to permanently
remain in Zone 2.
2.
The new master roster shall also include all engineers on the rosters
identified above who are borrowed out to other locations but who will return
to this zone upon their release. The new master roster will not, however,
include engineers from outside Zone 2 who are borrowed out to locations in
Zone 2.
3.
The Zone 2 master roster shall be created as follows:
a.
The engineers identified in Section A, Paragraph 1, above, shall be
dovetailed and placed on the new master Zone 2 seniority roster based on their
current engineer seniority date. Engineers from the 3rd, 4th,
or 9th Seniority Districts will use their current engineer date on the
applicable roster. Engineers permanently relocating from the Idaho Seniority
District will be dovetailed and placed on the master roster based on their
current engineer seniority date on the Idaho Seniority District. Engineers
permanently relocating from Portland Hub Zone 1 will be dovetailed and placed
on the master roster based on their current Portland Hub Zone 1 engineer
seniority date.
b.
If, in the process of placing employees on this roster, several
engineers have identical seniority dates, the ranking of such engineers will
be determined by the following:
i.
If the employees have engineer seniority dates prior to November 1,
1985, they will be placed on the roster based on their earliest fireman
seniority date on the involved roster. If the involved engineers have the same
fireman seniority date, they shall be placed in the order of their earliest
hire date with Carrier. If their hire dates are the same, and the procedure(s)
set forth in Paragraph b.ii., below, do not resolve the matter of their roster
placement, the parties shall promptly meet and agree regarding the proper
roster placement and ordering for such employees.
ii.
If engineers from different rosters have the same seniority date, they
shall be placed on the new master roster as follows:
(a)
Pre-November 1, 1985 engineers
[1].
Engineer's date and ranking as an engineer,
[2].
Fireman's date and ranking as a fireman, Hire date and ranking as an employee.
(b).
Post-October 31, 1985 engineers
[1].
Engineer's date and ranking as an engineer,
[2]. Switchman's/trainman's date and ranking as a switchman/trainman,
[3].Hire
date and ranking as an employee.
4.
The territory comprising Zone 2 will be divided into two prior rights
sub zones ‑ the "Spokane" sub-zone and the "Hinkle-LaGrande"
sub-zone. The territories comprising these prior rights sub-zones will be as
follows:
a. "Spokane"
sub-zone - Eastport, Idaho to, but, not including, Ayer, Washington, and all
track, lines, yards and facilities between these locations.
b. "Hinkle-LaGrande"
sub-zone - Hinkle to, and including, Huntington, Oregon, and, including, Ayer,
Washington, and all track, lines, yards and facilities between these
locations.
NOTE 1: The
"Hinkle-LaGrande" sub-zone will also include service to the
utility plant near Boardman, service to Castle
and other points west of Hinkle and dogcatching west of Hinkle, as well as
those assignments with on‑duty points at Hinkle.
NOTE
2: In connection
with the performance of work by Oregon Fourth or Fifth Seniority District
engineers at, or in the vicinity
of Ayer, it is not the parties' intent to after existing arrangements.
Accordingly, the provisions of Sections 1, 2, 5(a), 5(b) and 6 of the
Agreement between the Union Pacific Railroad Company
(Northwestern District - Oregon Division) and the Brotherhood of
Locomotive Engineers, dated May 22, 1967 ("Supplement No. 13 (O.D.E.-65)
Ayer – Chew Line
Relocation:") are retained and made a part of this Agreement, except that
all references therein to "Fourth Seniority District" or
"Fourth Seniority District engineers"
shall now refer to the Hinkle-LaGrande sub-zone and/or to engineers either
possessing prior rights, or working, in the Hinkle-LaGrande sub-zone,
and all references therein to "Fifth Seniority District" or
"Fifth Seniority District engineers" shall now refer to the Spokane
sub-zone and/or to engineers either possessing
prior rights, or working, in the Spokane sub-zone.
5.
A prior rights roster will be established for each sub-zone. Each
roster will be established by dovetailing the seniority of the engineers
assigned to the sub-zone. The same seniority date used to determine placement
on the Zone 2 master seniority roster will be used to determine placement on
the applicable sub-zone roster. An employee may hold a position on only one
(1) sub-zone prior rights roster.
a.
Engineers holding seniority, or in training, on the former UP 5th or 9th
Seniority District on the date this Agreement is implemented will be granted
prior rights in the Spokane sub‑zone.
b.
Engineers holding seniority, or in training, on the former UP 4th
Seniority District on the date this Agreement is implemented who elect,
pursuant to this Agreement, to permanently relocate to Spokane will be granted
prior rights in the Spokane sub-zone.
c.
Engineers holding seniority, or in training, on the former UP 4th
Seniority District on the date this Agreement is implemented (identified on
Attachment "B") who elect to not relocate to Spokane will be granted
prior rights, subject to the conditions set forth in Paragraph 7, below, in
the Hinkle‑LaGrande sub‑zone.
d.
Engineers holding seniority, or in training, on the former UP 3rd
Seniority District on the date this Agreement is implemented will be granted
prior rights in the Hinkle‑LaGrande sub‑zone.
e.
Engineers holding seniority in Portland Hub Zone 1 and assigned to a
position at Hinkle covered by Article 11, Section B, Paragraph 5 of the Merger
Implementing Agreement (Portland Hub Zone 1), dated August 13, 1998, who
elect, pursuant to this Agreement, to remain in Zone 2 will be granted prior
rights in the Hinkle‑LaGrande sub zone.
i.
Engineers covered by Article 11, Section B, Paragraph 5 of the Portland
Hub Zone I Merger Implementing Agreement will be given a one‑time
opportunity to elect to either remain in Zone 2 or relocate to Portland Hub
Zone 1.
ii.
Those engineers who elect to remain in Zone 2 will permanently
relinquish all seniority rights and standing in Portland Hub Zone 1.
iii.
Concurrent with implementation of this Agreement, Article 11, Section
B, Paragraph 5 of the Portland Hub Zone 1 Merger
Implementing Agreement will automatically terminate.
f.
Engineers holding seniority on the Idaho Seniority District and
identified on Attachment "A" who elect, pursuant to this Agreement,
to permanently relocate to Zone 2 will be granted prior rights in the Hinkle‑LaGrande
sub‑zone.
i.
Eligible engineers holding seniority on the Idaho Seniority District will,
prior to implementation of this Agreement, be given a one‑time
opportunity to elect to either remain in Zone 3 or permanently relocate to
Zone 2.
ii.
Eligible employees who elect to permanently relocate to Zone 2 will relinquish
all seniority rights in Zone 3.
NOTE:
If in the process of ranking employees on the sub‑zone
prior rights roster, several employees have identical
seniority dates, the roster order for such employees will be determined
in accordance with Paragraph 3.b of this Article 11, Section A.
6.
Employees acquiring engineer seniority on Zone 2 subsequent to the date
this Agreement is implemented will not be assigned prior rights in the Spokane
or Hinkle‑LaGrande sub‑zones and will be considered as common Zone
2 engineers.
7.
Former UP 4 th Seniority District engineers identified on Attachment
"B" shall be given prior rights to assignments originating in the
territory comprising the former UP 4 Seniority District. Such engineers shall
be obligated to exhaust the prior rights afforded by this Paragraph 7 prior to
exercising engineer seniority outside the UP 4 t Seniority District territory.
8.
New positions and/or permanent vacancies in Zone 2 for which there are
no bidders/applicants will, subject to Paragraph 7, above, be assigned or
filled as follows:
a.
Assign the senior demoted engineer who is working in that sub‑zone or an
engineer obligated under Paragraph 7, above.
b.
Assign the junior engineer on the protecting extra board in that sub zone.
c.
Assign the senior demoted engineer who is working outside that sub zone.
NOTE:
Existing Idaho Agreement provisions governing the filling of new
positions or permanent vacancies will continue to apply for filling new
positions and permanent vacancies in Zone 3.
9.
Existing agreement rules and arrangements governing prior rights for
engineers in the territory comprising Zone 2 are, effective with
implementation of this Agreement, superseded by the provisions set forth
herein.
B. 1. The
existing UP Idaho Seniority District roster shall become the Zone 3 master
seniority roster. This roster shall include all engineers on the Idaho
Seniority District roster except for those engineers who elect, pursuant to
this Agreement, to relocate to Zone 2. Engineers who elect to permanently
relocate to Zone 2 pursuant to this Agreement will have their names removed
from this roster. This roster shall also include all engineers presently
listed thereon who may be borrowed out to other locations who will return to
this zone upon their release. Similarly, engineers from outside Zone 3 who are
borrowed out to locations within Zone 3 will not be included on this roster.
2.
The engineers identified on Attachment "A" of this Agreement
will, subject to the terms and conditions set forth herein, retain the right
to exercise their Zone 3 engineer seniority to "Nampa" positions in
the LaGrande – Nampa through freight pool.
3.
New positions
or permanent vacancies for which Nampa is the source of supply, other than
"Nampa" positions in the LaGrande - Nampa pool, for which there are
no bidders/applicants shall be filled as follows:
a.
Force assign the senior demoted engineer identified on Attachment
"A" working in the area for which Nampa is the source of
supply.
b.
Force assign the senior demoted engineer identified on Attachment
"A. "
c.
Force assign the junior engineer identified on Attachment "A"
assigned to a "Nampa" position in the LaGrande - Nampa pool.
NOTE:
A vacancy resulting on a "Nampa" position in the LaGrande -
Nampa pool from assignment of an engineer listed on Attachment "A"
to another vacancy at Nampa will be filled on a temporary basis by a Zone 2
engineer. It is not intended that in these circumstances the involved position
will be permanently transferred to Zone 2. The engineer assigned to the other
Nampa vacancy may "reclaim," seniority permitting, the
"Nampa" pool position once he or she is displaced from that other
position (and is not needed/used on another Nampa vacancy) or the position is
abolished.
C.
Engineers placed on the Zone 2 master seniority roster shall relinquish
all seniority outside the territory comprising Zone 2. Likewise, all seniority
inside Zone 2 held by engineers outside Zone 2 shall be eliminated.
D.
Engineers placed on the Zone 3 master seniority roster shall relinquish
all seniority outside the territory comprising Zone 3. Likewise, all seniority
inside Zone 3 held by engineers outside Zone 3 shall be eliminated.
NOTE:
This Paragraph D shall not
serve to eliminate or restrict the seniority rights or obligations, as
established by this Agreement, of engineers identified on Attachment
"A." Likewise, this Paragraph D is not intended to limit or restrict
such engineers' right(s) to exercise their seniority to Zone 3 positions.
E.
Subject to applicable provisions of this Agreement, engineers on an
authorized leave of absence, holding official positions ‑ i.e., company
officers ‑ or dismissed from service and later reinstated will be placed
on the appropriate master roster (Zone 2 or Zone 3). The parties will create
an inactive roster for such engineers until they return to service in either
Zone 2 or Zone 3, at which time they will be placed on the appropriate master
seniority roster and removed from the inactive roster.
III.
THROUGH FREIGHT POOL OPERATIONS
A.
Through freight pool operations in Zone 2 will be governed, in relevant
part, by the following:
1
.
Spokane - Eastport
Unassigned
through freight (pool) service may be established between Spokane and
Eastport. Spokane will be the home terminal.
2.
Spokane - Hinkle
a.
The current Spokane - Hinkle (Hinkle - Spokane) freight service is
assigned through freight service. Upon implementation of this Agreement,
unassigned through (pool) freight service may be established between Spokane
and Hinkle. Spokane will be the home terminal. Hinkle will, however, be
retained as a home terminal for the former UP 4th Seniority District engineers
listed on Attachment "B" until such time as one of the conditions
set forth in Paragraph 2.b.(i), below,
is met.
b.
Existing Agreement provisions governing assignment and allocation of
positions between the UP 4th and 5th Seniority District engineers for the
Spokane‑Hinkle run will, subject to the provisions of this Agreement, be
retained and continue to apply to the Spokane ‑ Hinkle through freight
pool operation until such time as Hinkle ceases to be a home terminal for this
run.
(i)
Hinkle will cease to be a home terminal and all applicable Agreement
provisions and practices governing former UP 4th Seniority District engineers
rights or participation in this pool, including provisions governing
allocation of work or assignments between the UP 4" and 5th Seniority
Districts, will automatically terminate and be of no future force or effect
when one of the following occurs:
(a)
The employees identified on Attachment "B" have attrited or
severed their employment relationship with Carrier; or,
(b)
All positions in the Spokane ‑ Hinkle through freight pool are
permanently assigned at Spokane.
(ii)
Only engineers identified on Attachment "B" may exercise
their seniority to, and will be obligated to protect, "Hinkle"
positions in this pool. Employees holding seniority on the Zone 2 master
roster or the Hinkle-LaGrande sub‑zone roster not listed on Attachment
"B" are not eligible to exercise their seniority to
"Hinkle" positions in this pool.
(iii)
The home terminal for employees working in this pool and assigned to
the "Hinkle" positions will be at Hinkle.
(iv)
A "Hinkle" position not filled by an employee listed on
Attachment "B" will be filled by application at Spokane and filled
in accordance with applicable Agreement provisions. A permanent vacancy on a
"Hinkle" position not filled or protected by an employee identified
on Attachment "B" will be filled by application at Spokane and
filled in accordance with applicable Agreement provisions.
(v)
Temporary vacancies on "Hinkle" positions in the Spokane
Hinkle through freight pool will be protected by the Hinkle road extra board
or, if the Hinkle extra boards are consolidated, the Hinkle consolidated
road/yard extra board.
(vi)
For each UP 4 th Seniority District engineer identified on Attachment
"B" who elects, pursuant to this Agreement, to permanently relocate
to Spokane, one (1) "Hinkle" position in the Hinkle ‑ Spokane
pool will be permanently transferred to Spokane. Accordingly, the number of
positions in this pool designated as "Hinkle" positions in this pool
will be correspondingly reduced and the applicable pool pro ration percentages
will also be proportionately reduced.
NOTE:
UP 4th Seniority District engineers relocating to Spokane will, as set forth
in Article 11, be given Spokane sub‑zone prior rights. Said engineer
will not, however, be granted prior rights to the
"Hinkle" pool position transferred to Spokane in accordance with
this Paragraph (vi).
(vii)
Regulation of this pool will, except as set forth herein, be conducted
in accordance with applicable Agreement rules, BLE will designate one (1)
employee member or representative who will be responsible for monitoring
mileage, determining necessary pool adjustments and coordinating such
adjustments with appropriate Carrier officials. BLE's representative will
perform such duties for both home terminals in this pool until the Hinkle home
terminal ceases to exist.
c.
An engineer identified on Attachment "B" who elects, pursuant
to this Agreement, to permanently relocate to Spokane will relinquish the
prior rights established pursuant to Article 11, Section A, Paragraph 7 of
this Agreement.
3.
LaGrande - Hinkle
LaGrande
will be the home terminal.
4.
LaGrande - Nampa
a.
LaGrande will be the home terminal,
except that Nampa will be retained as a home terminal for those Idaho
Seniority District engineers identified on Attachment "A"
until one of the conditions set forth in Paragraph 4.b.(i), below, is met.
b.
Existing
Agreement provisions governing assignment or allocation of work in the
LaGrande ‑ Nampa pool between UP 3rd Seniority District and Idaho
Seniority District engineers will, subject to the provisions and/or
modifications set forth below, be retained until such time as Nampa ceases to
be a home terminal for this run.
(i)
Nampa will permanently cease to be a home terminal and all applicable
Agreement provisions, practices and/or arrangements governing Idaho Seniority
District engineers' rights to and participation in this pool will
automatically terminate when one of the following occurs:
(a)
The engineers identified on Attachment "A" have either (1)
attrited, (2) are no longer in active service as an engineer with Carrier or
(3) their names have been removed from Attachment "A" in accordance
with Article 111, Section A, Paragraphs 4.b.(vii) and (viii).
(b)
All "Nampa" positions in the LaGrande ‑ Nampa through
freight pool are permanently held by Zone 2 engineers.
NOTE:
Application of this Paragraph (b) is not intended to supersede or
nullify the provisions set forth in the Note contained in Article 11, Section
B, Paragraph 5. Accordingly, through freight positions at Nampa will be deemed
as permanently held by a Zone 2 engineer when there are no engineers
on Attachment "A" who can "reclaim" a Nampa pool
position.
(c)
If twenty (20) Idaho Seniority District engineers permanently relocate
to Zone 2 in conjunction with implementation of this Agreement.
Once
Nampa has ceased being a home terminal for this pool, LaGrande will be the
only home terminal. Once Nampa ceases to be a home terminal, all rights and
obligations of former Idaho Seniority District engineers to hold, protect or
participate in the work performed in the LaGrande ‑ Nampa through
freight pool shall, except for performing hours‑of‑service relief
out of Nampa, automatically terminate.
(ii)
Except as modified by this Agreement, this pool shall continue to operate as
it presently operates pending an agreement on necessary final provisions
pertaining to the eventual elimination (attrition) of Nampa as a home
terminal. Within the next one hundred twenty (120) days, the parties will meet
and agree regarding the operation of this pool and the attrition of the
rights, obligations and participation in this pool of Zone 3 Attachment
"A" engineers. This transition and attrition shall be governed, in
addition to that set forth elsewhere in this Agreement, by the following:
(a)
The engineers identified on Attachment "A" will be required
to protect all other 'assignments whose source of supply is Nampa (including
the extra board at Nampa) prior to protecting "Nampa" turns in the
LaGrande ‑ Nampa pool. Absent bids or requests from Zone 3 engineers,
junior engineers in the Nampa ‑ LaGrande pool may be removed from this
pool and placed on such other assignments. Pool turns vacated by engineers on
Attachment "A" to fill such other assignments will be temporarily
filled/protected by Zone 2 engineers at LaGrande. When removed from their pool
turns to protect these other vacancies/positions, the involved engineer(s)
will, for purposes of applying New York Dock, be considered as having
occupied the highest paying assignment.
NOTE:
Application of this Paragraph (a) is not intended to supercede or nullify
the provisions set forth in the Note contained in Article 11, Section B,
Paragraph 3. Accordingly, through freight
positions at Nampa will be deemed as permanently held by a Zone 2 engineer
when there are no engineers on Attachment "A" who can
"reclaim" a Nampa pool position.
(iii)
Regardless of the number of positions assigned in the LaGrande ‑ Nampa
pool, application of Agreement provisions governing apportionment of work
between former 3rd Seniority District and Idaho Seniority District engineers
eligible for assignment in this pool ‑‑ i.e., engineers on
Attachment "A" ‑shall not result in more than twenty (20)
positions at Nampa being allocated in this pool for Zone 3 engineers
identified on Attachment "A."
(iv) Only those
engineers identified on Attachment "A" may exercise their seniority
to new or vacant positions in this pool. Engineers holding seniority on the
Zone 2 master seniority roster or on the Zone 3 master roster but not listed
on Attachment "A" are not eligible to exercise their seniority to
"Nampa" positions in the pool.
(v)
Any new position or permanent vacancy at Nampa in this pool that is not
filled by engineers identified on Attachment "A" will be filled as a
new position or permanent vacancy at LaGrande by engineers holding seniority
on the Zone 2 master seniority roster.
NOTE:
It is the parties' intent that engineers identified on Attachment
"A" shall retain the right to the "Nampa" positions in
this pool until such time as the last engineer's name is attrited or removed
therefrom.
(vi) Vacancies
in this pool at Nampa will be protected by the Nampa extra board until such
time as Nampa ceases to be a home terminal. Thereafter, such vacancies will be
protected by the extra board at LaGrande.
(vii)
Engineers identified on Attachment "A" of this Agreement who
voluntarily exercise their seniority to a position for which Nampa is not the
source of supply ‑ i.e., to a position east of Glenns Ferry ‑
shall have their names removed from Attachment "A" and automatically
and permanently forfeit all seniority rights attendant thereto.
(viii)
An engineer identified on Attachment "A" who is force
assigned to an engineer job for which Nampa is not the source of supply must
submit a written application, with copy to the Local Chairman, for a position
or permanent vacancy in the pool at Nampa upon his/her assignment to that
position. If such application is not submitted, or the employee does not
accept the assignment to the position in the Nampa pool, the employee will
have his/her name removed from Attachment "A" and automatically and
permanently forfeit all seniority rights attendant thereto.
NOTE:
This Paragraph (viii) shall apply only to the engineer on Attachment
"A" who would have
been the successful bidder/applicant had he or she submitted such bid
or application and not
to other junior engineers on Attachment "A."
C. For each Idaho Seniority District engineer identified on
Attachment "A" who elects, pursuant to this Agreement, to
permanently relocate to Zone 2, one (1) "Nampa" position in the
LaGrande ‑ Nampa pool will be permanently transferred to LaGrande (Zone
2). Accordingly, the number of positions in this pool designated as
"Nampa" positions will be correspondingly reduced and the applicable
pool pro ration percentage will also be proportionately reduced.
NOTE:
Idaho Seniority District engineers relocating to Zone 2 will, as set
forth in Article 11, be given Hinkle‑LaGrande
sub‑zone prior rights. Said engineer will I not, however, be
granted prior rights to the "Nampa" pool position
transferred to Zone 2 in accordance with this Paragraph c.
d.
Regulation of this pool will, except as set forth herein, be conducted in
accordance with applicable Agreement rules. BLE will designate one (1)
employee member or representative who will be responsible for monitoring
mileage, determining necessary pool adjustments and coordinating such
adjustments with appropriate Carrier officials. BLE's representative will
perform such duties for both home terminals in this pool until the Nampa home
terminal ceases to exist.
B.
Zone 3 pool freight operations will, except as specifically set forth
herein, remain unchanged and will continue to be governed by existing Idaho
collective bargaining agreement provisions and practices.
C. New through freight pool
operations not covered in this Implementing Agreement between hubs or zones
will be handled per Article IX of the 1986 BLE National Implementing Award.
IV.
EXTRA BOARDS
A.
The following shall govern, in relevant part, the administration and
operation of extra boards in Zone 2:
1.
Spokane
a.
Carrier may establish a single consolidated extra board at Spokane.
NOTE 1:
Carrier may consolidate the extra board at Spokane by the serving
of a sixty (60)‑day advanced written notice.
NOTE
2:
If implementation of a consolidated extra board at Spokane is
postponed, two extra boards at Spokane will be established ‑ (1) a
"north" extra board to protect vacancies, service and hours‑of‑service
relief
on the territory between, and including, Spokane and Eastport,
including Trentwood; and, (2) a "south" extra
board to protect vacancies, service and hours‑of service relief
between (excluding) Spokane and
(excluding) Ayer.
This
extra board shall protect service and vacancies, including hours‑of‑service
relief, in the territory presently protected by the two existing extra boards
at Spokane, including those protected by the Spokane International Railroad
extra board.
2.
Hinkle
a. Upon sixty (60) days advanced written notice,
Carrier may establish a single consolidated extra board at Hinkle.
b. This extra board will protect service at/from Hinkle, including
service to/from Castle and the utility plant near Boardman and hours-of-service
relief into Hinkle or to/from a location closer to Hinkle than any other extra
board, in all directions out of Hinkle. Additionally, this extra board will
protect service on non-through freight assignments originating in the
territory comprising the former UP 4th Seniority District.
NOTE: It is not
intended this extra board be used to protect service at The Dalles or to
supplant service performed by Zone 1 engineers at The Dalles. Accordingly,
an extra engineer assigned to this extra board will not be used west of
the east switch at The Dalles.
3.
LaGrande
a. There shall be a single
consolidated extra board at LaGrande.
b.
This extra board shall protect all service, including hours-of-service relief,
in all directions, subject to Article IV, Section B, Paragraph 2, below.
B.
The following shall govern, in relevant part, the administration and
operation of extra boards in Zone 3:
1. Zone 3 extra board administration and/or operations will, except as
specifically set forth in this Agreement, remain unchanged and will continue
to be governed by existing collective bargaining agreement provisions and
practices,
2. Nampa
a.
There shall be a single extra board at Nampa. This extra board will
protect service and vacancies between Glenns Ferry and Huntington and hours‑of‑service
relief at or east of Huntington.
b.
For as long as Nampa remains a home terminal for the LaGrande ‑Nampa
through freight pool, this extra board will protect pool freight vacancies at
Nampa. Once Nampa ceases to be a home terminal, all vacancies in this pool
will be protected by the LaGrande extra board.
- This
Article IV is not intended, except as set forth in this Agreement and
specifically those provisions that govern filling of positions and
protecting vacancies in the LaGrande ‑ Nampa pool, to permit Carrier
to use extra Zone 2 engineers to protect Zone 3 or Zone 1 vacancies, extra
Zone 3 engineers to protect Zone 2 or Zone 1 vacancies, or extra Zone 1
engineers to protect Zone 2 or Zone 3 vacancies.
V.
TERMINAL AND OTHER CONSOLIDATIONS
A. Except
as set forth in Paragraph B, below, there are no changes in terminal limits or
other consolidations contemplated for yards in Zones 2 and 3.
B. Existing collective
bargaining agreement provisions, either in the former "Oregon"
collective bargaining agreement or the Spokane International Railroad
collective bargaining agreement, governing the pro ration of work between the
UP 5th Seniority District and the UP 9th Seniority District (former
Spokane International Railroad) for extra boards at Spokane shall be
eliminated and of no force or effect.
VI. AGREEMENT
COVERAGE
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 1986 and 1991 National and Implementing Agreements and
awards.
2.
Engineers will be transported to/from their trains and/or to/from their
designated on/off duty point in accordance with Article VI I I, Section 1 of
the May 1986 National Agreement. Carrier shall designate the on/off duty
points for engineers.
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 crews at any location within Zones
2 and 3, may perform such service in all directions out of their terminal.
B.
General Conditions for Pool Operations
The
terms and conditions for pool operations in the territories comprising Zones 2
and 3 shall be those of the surviving collective bargaining agreement, as
modified by applicable National Agreements, awards and implementing documents,
and those set forth elsewhere in this Agreement, including Attachment
"C," and below.
1.
Short Turnaround Service and Hours of Service Relief. Short turnaround
service and hours of service relief at both home and away from home terminals
(a)
may be handled by extra boards at the away from home terminal, and,
(b)
shall be handled by extra boards at the home terminals, if extra crews are
available, prior to using pool crews. Engineers used for this service may be
used for multiple trips in one tour of duty in accordance with the designated
collective bargaining agreement rules.
(c)
Extra boards may handle this service in all directions out of a
terminal.
2.
Nothing in this Agreement prevents or precludes the use of other
employees/crews to perform work currently permitted by prevailing agreements;
including, but not limited to yard crews performing hours‑of -service
relief within the road/yard service zone, interdivisional service or pool
crews performing service and deadheads between terminals, road switchers
handling trains within their zones and/or using an engineer from a following
train to work a preceding train. Payments required by the controlling
collective bargaining agreement shall continue to be paid when this work is
performed.
3.
Item Nos. 2, 3 and 4 of Appendix
D" of the Yahk, B. C. Agreement, effective September 26, 1955, will be
retained and applicable only for the former Spokane International Railroad
engineers identified below:
(For
security reason – SSN have not been reproduced…PDS)
a.
E.J.Johnson
b.
R. M. McElroy
c.
T. J. Osburn
d.
M. 0. Wood
e.
L. M. Bickford
f.
A. L. Dauenhauer
g.
L. W. Dorsey
h.
N, L. Knapp
i . T.
H. Baker
j.
J. L. Thome
k.
J. L. Sheridan
l.
D. D. Davis
Item Nos. 2, 3 and 4 of Appendix D" of the Yahk, B.C. Agreement,
effective September 26, 1955, reads as follows:'
"2.
Crews operating through Eastport on turnaround run from Bonners Ferry,
Idaho, to Eastport to Bonners Ferry shall be given an arbitrary allowance of
one (1) hour in addition to all other compensation.
"3.
Crews operating to Eastport as a terminal will be given an arbitrary
allowance of one-half (1/2) hour for operating into Eastport and one-half (112) hour for operating out of Eastport in addition to all of
their compensation.
"4
The arbitrary allowance shall apply to freight trains and not to snow
plows or work-trains. "
4.
The constructive mileage payment set forth in Rules 31 and 105 of the
"Oregon" Collective Bargaining Agreement (also referred to as the 11
mountain differential") is retained and will be applicable only for those
engineers holding seniority as an engineer or trainman on the Oregon 3rd
Seniority District on or before October 31, 1985, This payment will not be
made to other engineers holding seniority on the Zone 2 and Zone 3 master
seniority rosters.
a.
Pursuant to Paragraph 4, above, the
following engineers are eligible for the constructive mileage payment set
forth in Rules 31 and 105:
(For security
reason – SSN have not been reproduced…PDS)
i.
J. L. Goben
ii.
L. C. Batty, Jr.
iii,
G. R. Spencer
iv.
J. R. Folsom
V.
R. C. Springer
vi.
R. L. Bork
vii.
L. 1. Knouse
viii.
M. W. Wall
ix
M, E. Halsey
X.
D. H. McClay
A.
H. G. Stockhoff
xii,
B. R. Rollins
xiii.
R. J. Small
xiv.
L. G. Schaures
xv.
B. W. Jones
xvi.
D. A. Thurner
xvii.
M. S. Nelson
xviii.
G. A. Pfnister
xix.
G. J. Davrainvill
XX
G. T. Schwirse
xxi.
J. D. Evans, Jr.
xxii.
R. R. Broylescarr
xxiii.
T. R. Gerlach
xxiv.
D. L. Huntsman
xxv.
R. D. Bowen
xxvi.
H. J. Morgan
xxvii.
E. G. Marcum
xxviii.
B. L. Jenkins
xxix.
H. K. Montgomery
XXX
D. S. Horstman
xxxi.
C. B. Sherrow
xxxii.
M. P. Adams
xxxiii.
C. E. Anderson
xxxiv,
C. H. Lamoreaux
xxxv.
R. D. Hoverson
xxxvi.
R. D. Collins
xxxvii.
R. C. Aldred
xxxviii.
M. L. Oliver, Jr.
xxxix.
G. R, Quick
X1.
R. L. McDonald
xIi.
B. K. Clark
xIii.
R. C. Hawker
xIiii.
L. L. Jenkins
xliv.
R. D. Payant
Av.
C. C. Rasmussen
xIvi.
P. T. Nelson
x1vii.
A. L. Beickel
x1viii.
E. F. True
Aix
C. R. Woodward
Ix
K. P. Fricke
Ixj'
P. L. Lafferty
Ixii.
B. J. Davison
Ixiii.
J. C. Wise
Ixiv.
G. R. Baker
1xv.
G. A. Foster
1xvi,
M. J.Gilleese
1xvii.
M. L. Goodwin
1xviii.
S. D. Long
Ixix
K. K. Karnowski
lxx
J. E. Jacobs, III
Ixxi.
C. W. Johnson
lxxii.
J. M. Chambers
Ixxiii.
D.D.Buhmann
Ixxiv.
R. L. Eardensohn
Ixxv.
J. P. Downey
Ixxvi.
J. Herrera
Ixxvii.
B. D. Roberts
Ixxviii.
C. R. Moore
Ixxix.
J. E. Delisle
lxxx.
R.H.Roe
Ixxxi.
W. D. Hutchins
lxxxii,
B A. McDonald
Ixxxiii.
D.D.Poe
lxxxiv.
D. E. Powell
Ixxxv.
J. C. Aycock
lxxxvi.
G. D. King
Ixxxvii.
R. H. Brown
Ixxxviii.
M, W. Sirrine
lxxxix.
M. E. Spaulding, Jr.
lxxxx
J. R. Petersohn
lxxxxi.
B. K. Roe
lxxxxii.
G. A. Gabriel
lxxxxiii.
R. W. Simonis
lxxxxiv,
T. S. Dewald
lxxxxv.
W. A. Dewald
lxxxxvi.
R. B. Rasico
lxxxxvii.
S. A. McCoy
lxxxxviii.
R. L. Shenfield
lxxxxix.
T.F.Zander
lxxxxx.
R. D. Alexander
lxxxxxi.
L. L. Picker
lxxxxxii.
J. D. Skyles
b. Engineers
not identified in Paragraph 4.a., above, will be paid the applicable line
miles for their working trip.
5.
The existing "Oregon" Collective Bargaining Agreement
provision(s) providing constructive miles for certain engineers working in
through freight service between Spokane and Hinkle shall be retained and
continue to apply for those engineers eligible for such payments on the day
prior to implementation of this Agreement. Specifically, said constructive
miles will be paid as follows:
a.
The following engineers will, when
working in through freight service between Spokane and Hinkle, be paid 198
miles for their working trip.
(For security
reason – SSN have not been reproduced…PDS)
i.
R. J. Cantrell
ii.
J. T. Carlyle
iii.
D. V. Baker
iv.
B. R. McKillip
V.
R. J. Kennedy
vi.
D. D. Hulbert
vii.
R. L. Billings
viii.
M. D. Barkdull
ix.
J, M. Jones
X.
T. H. Baker
xi.
E.J.Johnson
xii.
R. M. McElroy
xiii.
T. J. Osbum
xiv.
M. 0. Wood
xv.
L. M. Bickford
xvi.
A. L. Dauenhauer
xvii.
L. W. Dorsey
xviii.
N.L.Knapp
b. Engineers
not identified in Paragraph 5.a., above, will be paid 187 line miles for their
working trip.
6. The existing Nampa
- LaGrande interdivisional service agreement provision(s) providing
constructive miles for certain engineers working in through freight service
between LaGrande and Nampa shall be retained and continue to apply for those
engineers eligible for such payments on the day prior to implementation of
this Agreement. Specifically, said constructive miles will be paid as follows:
a.
The following engineers will, when
working in through freight service between LaGrande and Nampa, be
paid 188 miles for their working trip (run):
(For security
reason – SSN have not been reproduced…PDS)
i.
J. L. Goben
ii.
L. C. Batty, Jr.
iii.
G. R. Spencer
iv.
J. R. Folsom
V.
R. C. Springer
vi.
R. L, Bork
vii.
L. 1. Knouse
viii.
M. W. Wall
ix.
M. E. Halsey
X.
D. H. McClay
A.
H. G. Stockhoff
xii.
J, D. Skyles
xiii.
B. R. Rollins
xiv.
R, J. Small
xv.
L. G. Schaures
xvi.
L, L. Ward
xvii.
E. H. Robertson
xviii.
T. W. Gough
xix.
G. E. Wilson
b. Engineers not
identified in Paragraph 6.a., above, will be paid 182 line miles for their
working trip.
7.
Existing through freight pools in Zones 2 and 3 shall be governed by,
but not limited to, the same ITD, FTD, HAHT and overtime rules (see Attachment
"C"). Rules for future runs that are created pursuant to Article IX
notices or other applicable National Agreement provisions shall be determined
at that time and this provision shall set no precedence for future runs.
C.
Engineers working in Zones 2 and 3 shall be governed by the Agreement
between the Union Pacific Railroad Company and the Brotherhood of Locomotive
Engineers, effective January 1, 1977, (commonly referred to as the "Idaho
Agreement"),
including the provisions set forth herein, all addenda and side letter
agreements pertaining to that agreement and all previous National
Agreement/Award/Implementing Document provisions still applicable. Except as
provided herein, the system and national collective bargaining agreements,
awards and interpretations shall prevail. None of the provisions of these
agreements are retroactive.
D.
In addition to the above, the following will govern in the area covered
by this agreement:
Twenty-Five
Mile
Zone - At all home and
away from home terminals, both inside and outside the Hub, pool crews may
receive their train up to twenty-five miles on the far side of the terminal
and run on through to the scheduled terminal. Crews shall be paid an
additional one-half (1/2) basic day for this service in addition to the miles
run between the two terminals. If the time spent in this zone is greater than
four (4) hours, then they shall be paid on a minute basis.
NOTE:
The "Twenty-Five Mile Zone" provision shall be applicable
only at those locations where there is a reciprocal or similar arrangement
inthe adjoining hub or location. For example, a Pocatello – Green River
through freight crew may not be used in a twenty-five mile- zone east of Green
River because there is not a similar or reciprocal "Twenty-Five Mile Zone"
agreement/arrangement at Green River.
VII.
PROTECTION
A.
Due to the parties voluntarily entering into this Agreement, Carrier
agrees to provide New York Dock wage protection (automatic
certification) to engineers listed on the Portland Hub Zone 2 or Zone 3 Master
Seniority Rosters and working on an assignment as an engineer in said zones on
the date this Agreement is implemented and to those engineers covered by
Article 11, Section B, Paragraphs 5.a. and 5.b. of the August 13, 1998 Merger
Implementing Agreement for Portland Hub Zone 1. This protection will start
with the effective (implementation) date of this agreement. The engineers must
comply with the requirements associated with New York Dock conditions
or their protection will be reduced for such items as layoffs,
bidding/displacing to lower paying assignments when they could hold higher
paying assignments, etc. Protection offsets due to unavailability are set
forth in the Questions and Answers and Side Letter #1 of this Agreement and in
the New York Dock conditions.
B.
This protection is wage only and hours will not be taken into account.
C.
Engineers required to relocate under this agreement will be governed by
the relocation provisions of New York Dock, Those required to relocate
to Zone 2 or the Spokane sub‑zone may elect, "in lieu" of New
York Dock provisions, one of the following options:
1
. Non-homeowners may elect
to receive an "in lieu of" allowance in the amount of $10,000 upon
providing proof of actual relocation.
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.
(b)
Proof of sale must be in the form of sale documents, deeds, and filings
of these documents with the appropriate agency.
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.
Engineers 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.
NOTE:
Engineers covered by Article 11, Section B, Paragraphs 5.a. and 5.b. of
the August 13, 1998 Merger Implementing Agreement for Portland Hub Zone 1 who
elect to return to Portland Hub Zone 1will be afforded the relocation benefits
of this Section C.
- There
will be no pyramiding of benefits.
E.
National Agreement "Termination of Seniority" provisions
shall not be applicable to Engineers hired prior to the effective date of this
agreement.
F.
Engineers 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. Engineers assigned to Zone 2 or 3
master seniority rosters with an engineer seniority date prior to the date
this Agreement is implemented shall have entry rate provisions waived and
engineers acquiring seniority on or after that date shall be subject to the
rate progression provisions of the controlling CBA. Those engineers leaving
Zones 2 or 3 will be governed by the CBA where they then work. The provisions
of this Paragraph F will apply only when said employees are working as an
engineer and will not apply or be extended to employee's services in another
craft.
Vill.
FAMILIARIZATION
A.
Engineers involved in the consolidation of the Portland Hub Zones 2 and
3 whose assignments require performance of duties on a geographic territory
not familiar to them will be given full cooperation, assistance and guidance
in order that their familiarization shall be accomplished as quickly as
possible. Engineers will not be required to lose time or "ride the
road" on their own time in order to qualify on the new territory.
B.
Engineers 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. The
parties recognize that different terrain and train tonnage will impact the
number of familiarization trips necessary. If disputes occur under this
Article, they will be expeditiously addressed by the Director - Labor
Relations and General Chairman.
C.
It is understood that familiarization required to implement the merger
consolidations herein will be accomplished by calling a qualified engineer (or
Manager - Operating Practices) to work with an engineer called for service on
a geographical territory not familiar to him or her. Engineers who work their
assignment accompanied by an engineer taking a familiarization trip in
connection with the implementation of this Agreement shall be paid twenty‑eight
dollars ($28.00) in addition to all other earnings for that tour of duty. This
payment shall not be used to offset extra board guarantee payments. The
provisions of 3 (a) and (b) Training Conditions of the System
Instructor Engineer Agreement shall apply to the regular engineer when the
engineer taking the familiarization trip operates the locomotive.
NOTE
1:
The $28.00 payment set forth in Paragraph C, above, made to engineers
working their assignment accompanied by an engineer taking a familiarization
trip shall apply for a period of one (1) year, commencing with the
implementation of this Agreement. Upon expiration of this one-year period,
existing agreement rules and/or practices shall govern for payments, if any,
to engineers accompanied
by an engineer taking a familiarization trip.
NOTE
2:
Prior to implementation, Carrier may begin familiarization trips, where
necessary, to "pre-qualify" engineers. Likewise, Carrier may
bulletin and assign (to be effective on implementation day) employees prior to
implementation so employees will be in place on implementation day. If Carrier
initiates such an effort to "pre-qualify" engineers, the $28.00
payment set forth in Paragraph C, above, will be paid to eligible engineers
who are accompanied by an engineer taking a familiarization trip.
IX.
IMPLEMENTATION
A. Carrier shall give not less than a forty-five (45)
day advanced written notice advising of its intent to implement this Agreement
and of the number of initial positions that will be changed in the Hub,
Thereafter, implementation provisions of the various articles shall govern any
further changes.
B.
All positions may be prep-advertised to close thirty (30) days prior to
the effective date of this agreement. In conjunction with implementation of
this Agreement, any employee who fails to sufficiently bid on, or obtain, a
position may be assigned by Carrier to an unfilled position.
C.
In conjunction with the implementation of this Agreement, it will not
be necessary to bulletin all the jobs in Zones 2 and/or 3. Assignments which
are not changed or impacted by the implementation of this Agreement need not
be bulletined. Employees on such assignments will remain thereon in accordance
with applicable Agreement provisions.
D.
Engineers on a seniority district being divided either between Zones 2
and 3 or between the Spokane and Hinkle‑LaGrande sub-zones, or who hold
seniority in Portland Hub Zone I and are assigned positions at Hinkle will be
canvassed by BLE Local Chairmen to determine and document their relocation
decisions. The following shall govern canvassing of involved engineers:
1.
Engineers at locations or on rosters required to make a relocation
decision in connection with the implementation of this Agreement will be given
a one time opportunity to make such election. Engineers at locations or on
rosters required to make a relocation decision will be contacted by the Local
Chairmen. The engineers to be contacted and offered the opportunity to
relocate will include:
a.
Only engineers holding seniority on the UP 4 th Seniority District, on
the Idaho Seniority District and identified on Attachment "A," or in
Portland Hub Zone 1 and assigned to positions at Hinkle will be canvassed.
b.
The senior twenty-six (26) engineers holding seniority on the Idaho
Seniority District and identified on Attachment "A" will be
canvassed. Canvassing will cease once either twenty (20) engineers have
elected to relocate to Zone 2 or the senior twenty-six (26) engineers have
been contacted, whichever occurs first.
c.
All engineers holding seniority in Portland Hub Zone 1 and assigned to
positions at Hinkle pursuant to Article 11, Section B, Paragraph 5 of the
August 13, 1998 Merger Implementing Agreement (Portland Hub Zone 1) will be
canvassed.
NOTE:
Subsequent to implementation of this Agreement, the provisions of
Article 11, Section B, Paragraph 5 will automatically terminate and will be of
no force or effect. Employees electing to remain in Portland Hub Zone 1 must
accordingly exercise their seniority in Zone 1.
d. The senior
nine (9) engineers holding seniority on the former UP 4th Seniority
District and identified on Attachment "B" will be canvassed.
E.
Engineers covered by this Article IX, Section D will be canvassed in
seniority order and required to make their relocation decision within sixty
(60) days of the date this Agreement is implemented. The employee's decision
will be irrevocable. If an employee fails to make a decision, he or she will
be considered as having elected to remain at his or her current location.
F.
All canvassing must be completed by no later than thirty (30) days from
the date this Agreement is signed.
X. SAVINGS CLAUSES
A.
In the event the provisions of this Agreement conflict with existing
collective bargaining agreement provisions, rules and/or practices, the
provisions of this Agreement shall prevail.
B.
The provisions of this Agreement are
entered into without prejudice to either party's position and the parties
agree not to cite this agreement in other negotiations or arbitration
proceeding(s).
SIGNED
THIS 28TH DAY OF FEBRUARY, 2001, IN POCATELLO, IDAHO
FOR
THE BROTHERHOOD OF
FOR UNION PACIFIC RAILROAD
LOCOMOTIVE
ENGINEERS:
COMPANY:
T.
J. Donnigan
T. G.,
Taggart
General
Chairman
Director - Labor Relations
D.
M. Hahs
W.
E. Loomis
International
Vice President General Director Labor Relations
A. Terry
Olin
General
Director ‑ Employee Relations
Planning