MERGER IMPLEMENTING

       AGREEMENT

     (Salt Lake Hub)

         between the

UNION PACIFIC RAILROAD COMPANY

           SOUTHERN PACIFIC RAILROAD COMPANY

 and the

 BROTHERHOOD OF LOCOMOTIVE ENGINEERS

  

In Finance Docket No. 32760, the Surface Transportation Board approved the merger of Union Pacific Railroad Company/Missouri Pacific Railroad Company (Union Pacific or UP) with the Southern Pacific Transportation Company, the SPCSL Corp., the SSW Railway and the Denver and Rio Grande Western Railroad Company (SP). In approving this transaction, the STB imposed New York Dock labor protective conditions.

         Subsequent to the filing of UP’s application, but prior to the STB’s decision, the Parties engaged in certain discussions which focused upon the Carrier’s request that the Brotherhood of Locomotive Engineers support the merger of UP and SP.  These discussions resulted in the exchange of certain commitments between the Parties which were outlined in letters dated March 8, 9 and 22, 1996.  Copies of these letters are attached collectively as Attachment “A” to this Agreement.          

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 one common seniority district covered under a single, common collective bargaining agreement, 

IT IS AGREED: 

I.          SALT LAKE HUB. 

A new seniority district shall be created that is within the following area: DRGW mile post 446.5 at Grand Junction, UP mile post 161.02 at Yermo, UP mile post 665.0 and SP mile post 553.0 at Elko, UP mile post 110.0 at McCammon and UP mile post 847 at Granger and all stations, branch lines, industrial leads and main line between the points identified. 

II.            SENIORITY AND WORK CONSOLIDATION. 

The following seniority consolidation will be made: 

A.            A new seniority district will  be formed and a master Engineer Seniority Roster--UP/BLE Salt Lake Hub Merged Roster #1--will be created for the employees working as engineers in the Salt Lake Hub on December 1, 1996.  The new roster will be created as follows: 

1.            Engineers placed on this new roster will be dovetailed based upon the employee’s current  engineer’s date.  If this process results in employees having identical seniority dates, seniority will be determined by the employee’s hire date. 

2.            All employees placed on the roster may work all assignments protected by the roster in accordance with their seniority and the provisions set forth in this agreement. 

3.            New employees hired and placed on the new roster subsequent to the adoption of this agreement will have no prior rights.  Any employee who enters engineer training on or after December 1, 1996, will hold no prior rights. 

4.            Prior rights rosters will be developed for all employees on the merged master roster reflecting their previous seniority areas that remain in the Hub.  

B.            Engineers assigned to the merged roster with a seniority date prior to December 1, 1996, will be accorded primary prior rights and secondary prior rights with dovetail rights being the final determination for selection purposes to pool operations during the interim period as follows:  

 

POOL

 

PRIMARY

 

SECONDARY

 

DOVETAIL

 

SLC-MILFORD

 

S. CENTRAL

 

NONE

 

YES

 

SLC-POCATELLO

 

IDAHO

 

NONE

 

YES

 

SLC-Green River

 

UPED/IDAHO-ratio

 

NONE

 

YES

 

OG-Green River

 

UPED

 

DRGW

 

YES

 

OG-ELKO

 

SP

 

WP

 

YES

 

SLC-ELKO

 

WP

 

SP

 

YES

 

SLC-Provo/Helper/Grand Jct.

 

DRGW

 

NONE

 

YES

 

SLC-PROVO

 

DRGW

 

NONE

 

YES

 

Milford-Provo/Helper

 

SO. CENTRAL

 

DRGW

 

YES

 

Milford-Las Vegas

 

So. Central/Las Vegas

 

NONE

 

YES

 

Las Vegas-Yermo

 

LAS VEGAS

 

NONE

 

YES

 Note 1: The Carrier does not plan Salt Lake City - Ogden pool operations and this service will be handled by an extra board or road switcher service.  If sufficient extra  board work develops to sustain a pool of 4 or more engineers, then a pool shall be established and pro rated on a 50/50 basis with Idaho prior right engineers taking the odd numbered turns and DRGW prior right engineers taking the even numbered turns. 

 

Note 2:  Salt Lake City - Helper may be combined with either the Salt Lake City - Grand Junction or the Salt Lake City - Provo pool. 

Note 3: This Section does not limit  the Carrier to these pool operations. New pools  operated on prior rights areas will have the same primary prior rights and those that operate over two prior right areas will be manned from the dovetail roster. 

Note 4: The Salt Lake City-Elko pool and the Salt Lake City-Grand Junction pool shall be single-headed operations with Salt Lake City as the home terminal.  The Carrier shall give ten days written notice of the change to single headed pools if not given in the original 30 day implementation notice. 

1.            Any engineer from a prior right area on or before December 1, 1996, but currently reduced from the engineer’s working list shall also be placed on dovetail and prior rights rosters and retain prior rights in the appropriate area.  Engineers currently forced to the Salt Lake Hub or borrowed out to the Salt Lake Hub will be released when their services are no longer required and will not establish a permanent date on the new roster. 

C.         Yard crews will not be restricted in a terminal where they can operate but the following will govern which employees will have preference for assignments that go on duty in the following areas: 

 

LOCATION

 

PRIMARY

 

SECONDARY

 

DOVETAIL

 

ROPER

 

DRGW

 

NONE

 

YES

 

SLC-NorthYard/intermodal

 

IDAHO

 

NONE

 

YES

 

OGDEN

 

OURD/IDAHO

 

SP

 

YES

 

ELKO

 

WP

 

SP

 

YES

 

CARLIN

 

SP

 

WP

 

YES

 

PROVO

 

DRGW

 

South Central

 

YES

 

Transfer Jobs

 

On Duty Point

 

NONE

 

YES

 

LAS VEGAS

 

LAS VEGAS

 

NONE

 

YES

D.         Road Switchers will work in a given area and may cross prior right boundaries.  Employees shall have preference to road switchers based on the on duty points:

1.            Salt Lake City - North:  Idaho.

2.            Salt Lake City - Provo: DRGW

3.            Provo - Milford: South Central

4.            Salt Lake City - Milford via Tintic:  South Central

5.            In other areas the prior rights of the on duty points will govern.

E.         Locals that continue current operations shall be prior righted.   Locals that operate over more than one prior rights area shall be assigned from the dovetailed roster.  

F.         Student engineers in training on December 1, 1996, will be assigned prior rights based on the area designated in the bulletin seeking application for engine service.

G.         It is understood that certain runs home terminaled in the Salt Lake  Hub will have away from home terminals outside the Salt Lake Hub and that certain runs home terminaled outside the Salt Lake Hub will have away from home terminals inside the Salt Lake Hub.  Examples are:  Salt Lake City/Ogden runs to Green River and Pocatello, and  Portola/Sparks to Elko.  It is not the intent of this agreement to create seniority rights that interfere with these operations or to create double headed pools.  For example, Sparks will continue to be the home terminal for Sparks/Elko runs and a double headed pool will not be established. 

H.         All engineer vacancies within the Salt Lake Hub must be filled prior to any engineer being reduced from the working list or prior to engineers being permitted to exercise to any reserve, protection or supplemental boards.

I.          All engine service seniority outside the Salt Lake Hub will be held in abeyance during the interim period.  Engineer’s working outside the Salt Lake Hub but currently holding seniority in the Salt Lake Hub will not be able to exercise seniority into the Salt Lake Hub during the interim period.  The parties will handle the seniority finalization process in a side letter.

J.            Engineers will be treated for vacation and payment of arbitraries as though all their service on their original railroad had been performed on the merged railroad.  Engineers assigned to the Salt Lake Hub seniority roster at the end of the interim period shall have entry rate provisions waived and engineers hired/promoted after the effective date of this agreement shall be subject to National Agreement/Award rate progression provisions.  The entry rate provisions shall be waived during the interim period.  Those engineers leaving the Salt Lake Hub will be governed by the collective bargaining agreement where they relocate.

K.            WP/OUR&D employees with reserve engineer service seniority on their original railroad will not retain that seniority after the interim period and such seniority may not be used during the interim period.

III.            TERMINAL CONSOLIDATIONS.

  The terminal consolidations will be implemented in accordance with the following provisions:

A.           Salt Lake City/Ogden Metro Complex.  A new consolidated Salt Lake City/Ogden Metro Complex will be created to include the entire area within and including the following trackage:

Ogden mile posts 989.0 UP east, 3.25 UP north and 780.21 SP west and to Salt Lake City mile posts 739.0 DRGW south and 781.17 UP west.

1.           All UP and SP pool, local, work train and road switcher operations within the SLC/Ogden Metro Complex  shall be combined into a unified operation.

2.           All road crews  may receive/leave their trains at any location within the boundaries of the new complex and may perform any work within those boundaries pursuant to the controlling collective bargaining agreements.  The Carrier will designate the on/off duty points for road crews within the new complex with the on/off duty points having appropriate facilities for inclement weather and other facilities as currently required in the collective bargaining agreement.

3.           All rail lines, yards and/or sidings within the new complex will be considered as common to all crews working in, into and out of the complex.  All crews will be permitted to perform all permissible road/yard moves .  Interchange rules are not applicable for intra-carrier moves within the complex.

4.           In addition to the consolidated complex, all UP and SP operations within the greater Salt Lake City area and all UP and SP operations (including the OUR&D) within the greater Ogden area shall be consolidated into two, separate terminal operations.  The existing switching limits at Ogden will now include the former SP rail line to SP Milepost 780.21.  The existing UP switching limits at Salt Lake City will now include the Roper Yard switching limits (former DRGW)  to DRGW Milepost 739.0. 

B.         Provo.  All UP and SP operations within the greater Provo area shall be consolidated into a unified terminal operation.

C.            Elko/Carlin.  All UP and SP operations within the greater Elko and Carlin area shall be consolidated into a unified terminal operation at Elko.  Carlin will become a station enroute.

D.            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 Awards and implementing agreements.

2.            Employees will be transported to/from their trains to/from their designated on/off duty point in accordance with Article VIII, Section 1 of the  May 19, 1986 National Arbitration Award.

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 the Hub may perform such service in all directions out of their terminal.

Note:  Items 1 through 3 are not intended to expand or restrict existing rules.

IV.        POOL OPERATIONS.

A.           The following pool consolidations may be implemented to achieve efficient operations in the Salt Lake City Hub:

 1.           Salt Lake City - Elko and Ogden - Elko.  These operations may be run as either two separate pools or as a combined pool with the home terminal within the Salt Lake City/Ogden metro complex.  This pool service shall be subject to the following:

 (a)  If the pools are combined, then the former SP and WP engineers shall have prior rights on a 40/60 basis.

(b)  If separate pools, the Carrier may operate the crews at the far terminal of Elko as one pool back to the metro complex with the crew being transported by the Carrier back to its original on duty point at the end of their service trip. 

(c)  The Carrier must give ten days written notice of its intent to change the number of pools or to combine the pools at Elko for a single pool returning to Salt Lake City/Ogden. 

(d)  Since Elko will no longer be a home terminal for pool freight operations east to the metro complex a sufficient number of pool and extra board employees will be relocated to the metro complex.

2.            Salt Lake City - Green River/Pocatello and Ogden - Green River. These operations may be run as either one, two, or three separate pools.  If as a combined pool,  the home terminal will be within the metro complex.  The carrier must give ten days written notice of its intent to change the number of pools.  If run as a combined pool then prior rights, if still applicable, to the pool shall be based on the percentages that existed on the day the ten day notice is given.

Example: The Salt Lake-Green River and Salt Lake-Pocatello pools are combined.  At the time the pools are combined, the Pocatello pool has six turns and the Green River pool has twenty turns with the former 7th District holding sixteen turns and the former Idaho holding four turns.  The six Pocatello turns are added to the twenty turns for a total of twenty-six, broken down as follows: 

former 7th District 16/26 = 62%; former Idaho 10/26 = 38% 

3.            Salt Lake City - Grand Junction/Helper/ Milford/ Provo.  These operations may be run as either one, two, three or four separate pools with the home terminal within the metro complex.  The carrier must give ten days written notice of its intent to change the number of pools.  If run as a combined pool(s) then prior rights to the pool(s) shall be based on the percentages that existed on the day the ten day notice is given.

4.            Helper-Grand Junction/Provo and Milford-Provo/Helper.  Each of these operations will be run as a single pool.       

5.            Other Service.  Any pool freight, local, work train or road switcher service may be established to operate from any point to any other point within the new Seniority District  with the on duty point within the new seniority district.

Note:  All service, both interim and final, with on duty points at Elko, operating to Winnemucca, but not including Winnemucca, shall be operated as part of the Salt Lake City Hub.

            6.         The operations listed in A 1-4 above, may be implemented separately, in groups or collectively, upon ten (10) days written notice by the Carrier to the General Chairman.  Implementation notices governing item (5) above, shall be governed by applicable collective bargaining agreements.

Note 1:  While the Sparks-Carlin and Wendel-Carlin pools are not covered in this notice it is understood that they will operate Sparks-Elko and Wendel-Elko and will be paid actual miles when operating trains between these two points pursuant to the current collective bargaining agreements and will be further handled when merger coordination's are handled for that area.

Note 2:  The Portola-Elko and Winnemucca-Elko pools shall continue to operate pursuant to the current collective bargaining agreements and will be further handled when merger coordination's are handled for that area. 

B.            The terms and conditions of the pool operations set forth in Section A shall be the same for all pool freight runs whether run as combined pools or separate pools.  The terms and conditions are those of the designated collective bargaining agreement as modified by subsequent national agreements, awards and implementing documents and those set forth below.  For ready reference sections of existing rules are attached in Attachment  “B”.

1. Twenty-Five Mile Zone - At Salt Lake City, Ogden, Elko, Milford, Grand Junction, Helper, Provo, Green River, Las Vegas, Yermo and Pocatello 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 (½) 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.

Example: A Salt Lake City-Milford crew receives their north bound train ten miles south of Milford but within the 25 mile zone limits and runs to Salt Lake.  They shall be paid the actual miles established for the Salt Lake-Milford run and an additional one-half basic day for handling the train from the point ten (10) miles south of Milford back through Milford.

Note:  Crews receiving their trains on the far side of their terminal but within the Salt Lake-Ogden complex shall be paid under this provision.

2.            Turnaround Service/Hours of Service Relief.  Except as provided in (1) above, turnaround service/hours of service relief at both home and away from home terminals shall be handled by extra boards, if 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.  Extra boards may handle this service in all directions out of a terminal.

            3.            Runarounds.  A terminal runaround occurs when engineers from the same pool, going to the same destination, depart the same yard in other than the order called and both trains have their power attached to their train.  “Depart” means that a train has started moving on the track it was made up in.

Example 1:            Two engineers are called on duty in the Salt Lake-Green River pool.  The first out engineer receives his train in the Salt Lake North Yard and the second out engineer receives his train in the Roper Yard.  There cannot be a terminal runaround because the engineers did not depart from the same yard.

Example 2:            Two engineers are called on duty in the Salt Lake-Green River pool and both engineers receive their trains in the Roper Yard.  If both trains have their power attached a terminal runaround can occur.

Example 3:            Same set of facts as example 2, however, one engineer is required to go to the mechanical facilities to obtain all or part of their power.  If the second engineer departs the yard prior to the first engineer returning to their train and putting their power on it no runaround has occurred.

Example 4:            Two engineers are called from the same pool and the first one is called Salt Lake-Green River and the other is called Salt Lake-Pocatello.  No runaround can occur even if they depart from the same yard.

Note: Crews leaving on trains located on main lines and other trackage between specific yard confines cannot be runaround by crews obtaining their trains within those yard confines and vis versa.

4.            Nothing in this Section B (1), (2) and (3) prevents the use of other employees to perform work currently permitted by prevailing agreements, including, but not limited to yard crews performing hours of service relief within the road/yard zone, ID crews performing service and deadheads between terminals, road switchers handling trains within their zones and using an employee from a following train to work a preceding train.

C.            Agreement coverage. Employees working in the Salt Lake Hub shall be governed, in addition to the provisions of this Agreement by the UP Agreement covering the BLE Northern Idaho District including all addenda and side letter agreements pertaining to that agreement, the May 31, 1996 Local/National Agreement applicable to Union Pacific and previous National Agreement provisions still applicable, except the UPED Guaranteed Extra Board Agreement shall replace the Northern Idaho Extra Board Agreement in the Salt Lake Hub.  Except as specifically provided herein and in Attachment “B”, the system and national collective bargaining agreements, awards and interpretations shall prevail. None of the provisions of these agreements are retroactive.

D.         After implementation, the application process will be used to fill all vacancies in the Hub as follows:

1.            Prior right vacancies must first be filled by an employee with prior             rights  to the vacancy who is on a protection, reserve or supplemental board prior to considering applications from employees who do not have prior rights to the assignment .

2.            If no prior right applications are received, then the junior prior rightemployee on one of the boards described above will be forced to the assignment or permitted to exercise seniority to a position held by another prior right employee.

3.            If there are no prior right employees on one of the boards described above covering the vacant prior right assignment, then the senior non prior right applicant will be assigned.  If no applications are recieved then the most junior employee on any of the boards described above will be recalled and will take the assignment or displace a junior employee.   If there are no engineers on any protection, reserve or supplemental boards, then the senior demoted engineer in the Salt Lake Hub shall be recalled to the vacancy.  When forcing or recalling, prior rights engineers shall be forced or recalled to prior right assignments prior to engineers who do not have prior rights.

V.         EXTRA BOARDS.

A.            The following road/yard extra boards may be established to protect engineer vacancies and other extra board work in or out of the Salt Lake City/Ogden metro complex or in the vicinity thereof:

1.            Ogden : One (1) extra board to protect the Ogden-Green  River Pool, and the Ogden-Elko Pool (if pools are operated separately), the Ogden yard assignments and all road switchers, locals and work trains between Ogden-Green River, Clearfield-McCammon and Ogden-Elko.

2.            Salt Lake North:  One (1) extra board to protect the Salt Lake- Pocatello/Green River Pool, the Salt Lake-Elko pool, all Salt Lake Yard assignments and all road switchers, locals and work trains between Salt Lake to Wendover  and Salt Lake to Clearfield except work trains may work all the way to Ogden

Note: If the Carrier operates Metro Complex pools to Pocatello/ Green River and Elko then the above extra boards will convert to Two extra boards with one extra board covering east pool freight and one covering west pool freight.  The east extra board will also cover all road switcher, locals, yard assignments and work trains at or between Salt Lake and Pocatello/Green River/Ogden with the west extra board covering these assignments between Ogden/Salt Lake and Elko.

3.            Salt Lake South: One (1) extra board to protect Salt Lake -Milford/Helper/Grand Junction/Provo pool(s) and all yard, road switcher , local and work train assignments in this area.

Note: The Carrier may operate more than the three extra boards in the Salt Lake Metro complex.  When more than three extra boards are operated the Carrier shall notify the General Chairman what area each extra board shall cover.  When combining extra boards the Carrier shall give ten (10) days written notice.

B.         The Carrier may establish or keep extra boards at outside points such as Milford, Provo, Helper, Elko, Las Vegas etc to meet the needs of service pursuant to the designated collective bargaining agreement provisions.

C.         At any location where both UP and SP/DRGW extra boards exist the Carrier may combine these boards into one board.

D.         The Ogden and Salt Lake extra boards shall be filled off the dovetail roster.  Extra Boards in prior right areas shall be filled using that method.  Extra boards at dual locations shall be filled on a 50/50 basis from the dovetail roster.  At Grand Junction the extra board will be a combination east-west board.

VI.            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 engineers who are listed on the Salt Lake Hub Merged Roster #1 and working an engineer assignment (including  a protection board) during the interim period or relocated under this agreement to a point outside the Salt Lake Hub.   This protection will start with the effective (implementation) date of this agreement.  The employees 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. 

B.            This protection is wage only and hours will not be taken into account.  If the interim period is less than one year, when the interim period is terminated,  employees certified as part of this agreement will have their protection period start over.  If the interim period is in excess of one year the employee’s final protection period will begin after one year.

C.            Engineers required to relocate under this agreement will be governed by the relocation provisions of New York Dock.  In lieu of New York Dock provisions, an employee required to relocate may elect 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.            Under no circumstances shall an engineer be permitted to receive             more than one (1) “in lieu of” relocation allowance under this implementing agreement.      

6.            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.

D.            There will be no pyramiding of benefits.

E.            The Test Period Average for union officers will include lost earnings while conducting business with the Carrier.

F.            The establishing of interim protection is without prejudice or precedent to either party’s position and will not be cited by either party.

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

H.            Employees, with New York Dock wage protection, who relocate either within or outside the Salt Lake Hub under the provisions of this Agreement shall take their New York Dock wage protection with them.  When relocating outside the Salt Lake Hub the interim protection shall cease and the regular protection shall start upon reporting for the new assignment.

VII.            INTERIM OPERATIONS

This agreement is a final agreement covering the area described in Article I.  It begins with an interim operation that covers the creation of protection boards.  In addition to other provisions of this agreement, the interim period shall be governed by the following:

A.  The interim period shall begin with the implementation of this agreement as outlined in Article VIII, IMPLEMENTATION.

B.  As traffic routing changes and surplus employees are developed, the following process will govern for each prior right roster:

1.  First, force assigned employees shall be released

2.  Second, borrow -out employees shall be released

3.  Third, additional surplus will be added to the protection board.

C.  Each prior rights roster (DRGW, South Central, Idaho/OUR&D, UPED, WP, Las Vegas and Southern Pacific West) shall have one protection board except the WP will have one at Salt Lake City and one at Elko and the DRGW will have one at Grand Junction and one at Salt Lake City.  An employee must hold prior rights on that roster to be eligible to hold the protection board.

D.  If any roster(s) have a surplus and other roster(s) have borrow-outs, force assigned, or a shortage of employees, and no one on their protection board, the following shall govern:

1.  The Carrier shall advise of the number of employees needed in the appropriate  area.

2.  The senior applicant from the other roster(s) where there are surplus shall be assigned to the vacancies.

3.  If there are no applicants, the most junior employee on the protection board(s) shall be forced unless junior employees are working in their prior right area and they elect to displace the junior employee who shall, in turn, be forced to fill the vacancies.

4.  Employees forced to relocate as a result of these provisions shall be governed  by the relocating provisions of this agreement.  Seniority relocations are not covered under New York Dock.

Note 1:  After the two year period identified in Article VI(C)(4) is terminated, relocations during an employees protection period and, as a result of the merger, will be covered under New York Dock provisions only and not Article VI, Section C.  Seniority moves between or within prior right areas will not be covered by this agreement or New York Dock.               

E.            The Carrier will identify other locations outside the Salt Lake Hub that either have a current shortage of engineers or will have a shortage due to projected traffic increases.  Engineers, in the Salt Lake and Denver Hub’s, shall in seniority order, be given the opportunity to make application for a permanent transfer to one of these locations.  If there are borrow out engineers at the location, the employee may transfer immediately and displace the borrow out.  If no borrow outs are at the location or the shortage does not yet exist, the transfer will be delayed until the employee is notified of the need.  The Denver Hub shall have the first opportunity to go to Cheyenne working both directions and Rawlins, Wyoming.  The surplus DRGW/MPUL employees at Pueblo shall have the first opportunity to go to Dalhart.  Surplus engineers in the Salt Lake Hub shall have the first opportunity to go to locations on their former seniority districts outside the Salt Lake Hub.

F.            During the interim period, at locations outside the Salt Lake Hub where shortages exist and an insufficient number of applications are received for vacant positions, the junior engineer holding a surplus position in either the Salt Lake or Denver Hub not having an application accepted to a shortage location shall be forced to the vacancy.  If they are senior to other engineer’s working in the Hub they may displace the junior working engineer at the location where they are surplus or the junior engineer working in the Salt Lake Hub, with the junior engineer being forced to the location.  An engineer may not displace a junior engineer that has different prior rights if that other engineer is utilizing those prior rights.

G.  Engineers on the protection board shall be paid the greater of their earnings or their protection.  While on the protection board they shall be governed by basic New York Dock protection reduction principles when laying off or absent for any reason.

H.  Each protection board shall be used as follows:

1.  The protection board shall be a supplemental board to be used when the extra board(s) is  exhausted.  The first out engineer shall be rotated to the bottom of the protection board at noon each day.

2.  Junior employees on the protection board may be temporarily added to the extra boards to permit the familiarization of employees over trackage they have not previously operated.

3.  If engineers on a protection board are sent to another location to familiarize themselves on new territory prior to being actually assigned, the Carrier shall provide lodging and $25.00 per day for meals, as long as the employee is marked up.

I.   The interim period shall terminate upon sixty (60) days’ written notice by the Carrier to the appropriate General Chairman.

VIII.            IMPLEMENTATION.

A.         The parties have entered into this agreement to implement the merger of the Union Pacific and Southern Pacific railroad operations in the area covered by Notice 19W and any amended notices thereto.

In addition, the parties understand that the overall implementation is being phased in to accommodate the cut over of computer operations, dispatching, track improvements and clerical support.

It is the parties intent to utilize the current work force in an efficient manner and to not require several relocations of an employee as the different areas are implemented.  It is understood that some locations will have surpluses and others will have shortages as track improvements permit additional traffic volumes.  It would be in the best interests of all individuals if final decisions on relocations were delayed where possible until the implementation of operations is more complete.  This would give employees a more knowledgeable choice when faced with relocation. 

B.         The Carrier shall give 30 days written notice for implementation of this agreement and the number of initial positions that will be changed in the Hub.  Employees whose assignments are changed shall be permitted to exercise their new seniority.  After the initial implementation the 10 day provisions of the various Articles shall govern.

C.         Prior to the movement to reserve boards or transfers outside the Salt Lake Hub, it will be necessary to fill all positions in the Salt Lake Hub and then add all surplus positions to the newly created protection boards. Seniority shall not be considered for movement to the protection board but the employee actually reduced at the location shall be the one added.

D.         At the end of the interim period the protection board(s) will terminate.  If there are engineers on the protection board(s) the Carrier will open reserve board positions for the number of surplus engineers with an engineer date  on or before October 31, 1985.  Engineers forced to the reserve board will be treated as holding the highest rated position they could hold.

IX.            FAMILIARIZATION.

A.            Employees will not be required to lose time or “ride the road” on their own time in order to qualify for the new operations.  Employees will be provided with a sufficient number of familiarization trips in order to become familiar with the new territory.  Issues concerning individual qualifications shall be handled with local operating officers. The parties recognize that different terrain and train tonnage impact the number of trips necessary and the operating officer assigned to the merger will work with the local Managers of Operating Practices in implementing this section.

B.            Engineers hired subsequent to the effective date of this document will be qualified in accordance with current FRA certification regulations and paid in accordance with the local agreements that will cover the appropriate Hub.

This agreement is entered into this _____ day of ___________, 1997.

For the Organization: initialed 1/29/97             For the Carrier: initialed 1/29/97

___________________      _                                          ___________________________

General Chairman UPED                                                Asst. Vice-President Employee                                                                                  Relations &Planning

____________________                                                ____________________________

General Chairman DRGW                                      General  Director Labor Relations

____________________                                                ___________________________

General Chairman UP Western Region             Assistant Director Labor Relations

____________________                                                ____________________________

General Chairman SP West                            Director Train Services

Approved:

____________________

Vice President-BLE

____________________

Vice President-BLE

 

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Last modified: July 28, 2009           Contact: Site Administrator