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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:
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:
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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