QUESTIONS AND ANSWERS - BLE SALT LAKE HUB

Article I - SALT LAKE HUB

Q1.       Does the new seniority district change switching limits at the mile posts indicated?

A1.       No. It is the intent of this agreement to identify the new seniority territory and not to change the existing switching limits except as specifically provided elsewhere in this agreement.

Q2.       Which Hub is Grand Junction in?

A2.       For seniority purposes engineers are in the Denver Hub, however due to the unique nature of Grand Junction being a home terminal for one Hub and away from home for another Hub, the extra board may perform service on both sides of Grand Junction. 

Q3.       What Hub are the Valmy coal assignments in?

A3.            Because they are on duty at Elko and work to or short of Winnemucca, but not including Winnemucca, they are part of the Salt Lake Hub.  This is also true of assignments that work out of Carlin but short of Winnemucca.

Article II - SENIORITY AND WORK CONSOLIDATION

Q4.       How long will prior rights rosters be in effect?

A4.       They will lose effect through attrition.

Q5.       Since the Idaho and OUR&D rosters where top and bottomed some years ago, how do their prior rights work?

A5.       The OUR&D roster will be used for Ogden yard assignments and the Idaho roster will be used for the Idaho prior rights assignments.

Q6.       In Article II(B)(1), what does the phrase “when their services are no longer required” mean?

A6.       It is the parties intent to release forced and borrow out employees as soon as practical but without causing an added burden on those employees who remain in the Hub.  When the change in operations result in surplus employees then the forced and borrow out employees services will no longer be  required and they will be released on a one for one basis.  Engineers reduced from the working list [Article II(B)(1)] will be recalled to replace engineers forced to the Hub. Forced employees may elect to remain in the Hub.   

Q7.       In Article II(H), what does it mean when it refers to protecting all engineer vacancies within the Hub?

A7.       If a vacancy exists in the Salt Lake Hub, it must be filled by a prior rights employee prior to placing employees on reserve, protection or supplemental boards.  If a non prior rights employee is working in the Salt Lake Hub then a prior rights employee must displace that person prior to prior right engineers going to a reserve, protection or supplemental board.  If a vacancy exists in a pool and an engineer is on a reserve, protection or supplemental board that person will be recalled prior to the carrier promoting additional engineers.

Q8.       Will existing pool freight terms and conditions apply on all pool freight runs?

A8.       No.  The terms and conditions set forth in the controlling collective bargaining agreements and this document will govern.

Q9.       In Article II(I), will an employee be entitled to a relocation allowance if they voluntarily move either within the Hub or outside the Hub?

A9.       No.

Q10.     Will an employee gain or lose vacation benefits as a result of the merger?

A10.            SP/DRGW engineers will retain the number of weeks vacation for 1997 that they would have earned under their previous vacation agreement.  Beginning with the 1998 calendar year they will be treated as if they had always been a UP engineer and will earn identical vacation benefits as a UP engineer who had the same hire date and same work schedule.

Q11.     When the agreement is implemented, which vacation agreement will apply?

A11.     The vacation agreements used to schedule vacations for 1997 will be used for the remainder of 1997.

Q12.     Will personal leave be applicable to DRGW and SP engineers in 1997?

A12.     When the agreement is implemented, personal leave will be prorated for the remainder of the year.

Q13.     If a local operated by a UP Idaho engineer previously went on duty at the UP North Yard now goes on duty at the Roper Yard, does it now operate over more than one seniority district or is it continuing current operations?

A13.            Changes in on duty points within a terminal or the travel over other trackage in a terminal does not alone alter the “continue current operations” intent of the Agreement.

Q14.     What is the status of pre October 31, 1985 trainmen/firemen seniority or reserve status?

A14.            Trainmen/firemen seniority will be in negotiations/arbitration with the appropriate Organization.  Reserve engineers status will not be maintained in the Salt Lake Hub.  Employees will be treated as firemen should they not be able to hold as an engineer.  Those currently “treated as” will continue such status.

Q15.     What is the status of post October 31, 1985 trainmen/firemen seniority or reserve engineer status? 

A15.     A post October 31, 1985 engineer will exercise their seniority as a trainman/fireman in accordance with the applicable agreements should they not be able to hold as an engineer after the interim period.  Reserve engineer status will not be maintained in the Salt Lake Hub.

Q16.     Will the Carrier continue to discuss  ebb and flow issues after the merger?

A16.     Yes, the Carrier recognizes the benefits of discussing this issue further.

ARTICLE III - TERMINAL CONSOLIDATIONS

Q17.     Are the national road/yard zones covering yard crews measured by the metro complex limits or from the switching limits where the yard assignment goes on duty?

A17.     The switching limits where the yard crew goes on duty.

Q18.     If crews go on duty in the Complex short of Ogden, is Ogden part of the initial terminal?

A18.     No, it is an intermediate point.  

ARTICLE IV - POOL OPERATIONS

Q19.     If the on duty point for the Salt Lake - Green River pool is moved from North Yard to Roper Yard, will the mileage paid be increased?

A19.     Yes.  The mileage will be from the center of Roper Yard to Green River.

Q20.     Can a former DRGW engineer make application for a Milford-Helper assignment?

A20.     DRGW engineers have secondary prior rights to this pool.

Q21.             Because of the elimination of Elko as a home terminal for pool service what type of job assignment will the engineers who remain at Elko protect?

A21.     The Carrier anticipates that for those engineers remain in this area, that based on manpower needs, the guaranteed extra board will protect extra locals, branch line work (Valmy coal), yard vacancies, short turnaround service, HOSA relief work and so forth.

Q22.     Will the Carrier change the Las Vegas-Milford pool to a single-headed pool?

A22.     No, not as a result of this merger notice.  Article IX of the 1986 National Award would govern any future action.

Q23.     If a crew in the 25 mile zone is delayed in bringing the train into the original terminal so that it does not have time to go on to the far terminal, what will happen to the crew?

A23.     Except in cases of emergency, the crew will be deadheaded on to the far terminal.

Q24.     Is it the intent of this agreement to use crews beyond the 25 mile zone?

A24.     No.

Q25.     In Article IV(B), is the ½ basic day for operating in the 25 mile zone frozen and/or is it a duplicate payment/ special allowance?

A25.     No, it is subject to future wage adjustments and it is not duplicate pay/special allowance.

Q26.     How is a crew paid if they operate in the 25 mile zone?

A26.     If a pre-October 31, 1985 engineer is transported to its train 10 miles south of Milford and he takes the train to Salt Lake and the time spent is one hour south of Milford and 9 hours 17 minutes between Milford and Salt Lake with no initial or final delay earned, the employee shall be paid as follows:

A. One-half basic day for the service South of Milford because it is less than four hours spent in that service.

B. The road miles between Salt Lake and Milford (207).

C. One hour overtime because the agreement provides for overtime after 8 hours 17 minutes on the road trip between Salt Lake and Milford.    ( 207 miles divided by 25 = 8'17")

Q27.     Would a post October 31, 1985 engineer be paid the same?

A27.     No.  The National Disputes Committee has determined that post October 31, 1985 engineers come under the overtime rules established under the National Agreements/Awards/Implementing Agreements that were effective after that date for both pre-existing runs and subsequently established runs.  As such, the post October 31, 1985 engineer would not receive the one hour overtime in C above but receive the payments in A & B.

Q28.     How will initial terminal delay be determined when performing service as outlined above?

A28.     Initial terminal delay for crews entitled to such payments will be governed by the applicable collective bargaining agreement and will not commence when the crew operates back through the on duty point.  Operation back through the on duty point  shall be considered as operating through an intermediate point.

Q29.     What is considered a bona fide departure under the runaround rule?

A29.     When the train begins its road trip it has departed.  The parties recognize that the road trip has begun even if there is work to be performed in the terminal by the road crew such as pick-ups, set-outs, etc.  Engineers asked to move a train for a mechanical inspection or to clear a crossing or switch has not departed.

Q30.     Is the identification of the UP Northern Idaho collective bargaining agreement in Article IV© a result of collective bargaining or selection by the Carrier?

A30.     Since UP purchased the SP system the Carrier selected the collective bargaining agreement to cover this Hub.

Q31.     When the UP Northern Idaho agreement becomes effective what happens to existing  claims filed under the other collective bargaining agreements that formerly existed in the Salt Lake Hub?

A31.     The existing claims shall continue to be handled in accordance with those agreements and the Railway Labor Act.  No new claims shall be filed under those agreements once the time limit for filing claims has expired for events that took place prior to the implementation date.

Q32.     In Article IV(D), if no applications are received for a vacancy on a prior rights assignment, does the prior right engineer called to fill the vacancy have the right to displace a junior prior right engineer from another assignment?

A32.     Yes.  That engineer has the option of exercising his/her seniority to another position held by a junior prior right employee, within the time frame specified in the controlling collective bargaining agreement, or accepting the force to the vacancy.

Q33.     Will an employee in engineer training on or before November 30, 1996,  assigned prior rights in accordance with this agreement be entitled to bump an engineer only having common rights holding an assignment in his/her prior rights territory?

A33.     Yes.

ARTICLE V - EXTRA BOARDS         

Q34.     How many extra boards will be combined at implementation?

A34.     It is unknown at this time.  The Carrier will give written notice of any consolidations whether at implementation or thereafter.

Q35.     Are these guaranteed extra boards?

A35.     Yes.  The pay provisions and guarantee offsets and reductions will be in accordance with the existing UPED guaranteed extra board agreement.

ARTICLE VI - PROTECTION

Q36.     What is automatic certification?

A36.     An understanding reached by the parties that an employee will be provided the benefits of the applicable labor protective conditions without having to prove he/she was adversely affected as a result of implementation of this Agreement.

Q37.     How will the test period average be determined?

A37.     The parties have agreed to use September 1, 1995 through August 31, 1996 as the twelve month period.  Normally, the twelve month period immediately prior to the implementation date is used, however, since severe flooding on the SP and UP beginning January 1, 1997, altered normal service through the central corridor, the parties agree to use the above dates.

Q38.     How does the Carrier calculate test period earnings if, for example, an employee missed two (2) months compensated service in 1996?

A38.     If an employee had no compensated service in the two (2) months, the Carrier will go back fourteen (14) months to  calculate the test period earnings based on twelve (12) months compensated service.

Q39.     How will an employee be advised of their test period earnings?

A39.     Test period averages will be furnished to each individual and the General Chairman.

Q40.     How is length of service calculated?

A40.     It is the length of continuous service an employee has in the service of the Carrier with a month of credit for each month of compensated service.

Q41.     If an employee has three years of engineers service and three years of conductor service, how many years of protection will they have?

A41.     Six.

Q42.     How will the employees know which jobs are higher rated?

A42.     The Carrier will periodically post job groupings identifying the highest to lowest paid jobs.

Q43.     Will specific jobs be identified in each grouping?

A43.     Pools, locals and extra boards may be identified separately but yard jobs and road switchers will not be.

Q44.     How will the SP West engineers year end distribution be handled with respect to their  test period average?

A44.     Their 1995-1996 twelve month distribution will be added to their test period average  and divided by 12 to arrive at a monthly average.

Q45.     What will happen to their 1996-1997 distribution?

A45.     The value of the account will be determined at the time of implementation and their account settled at that time.

Q46.     What will determine if an engineer is considered a “dismissed” employee under this agreement?

A46.     If an employee cannot hold any engineer position other than a protection board at their current location.

Q47.     What triggers the seven day period in which the “dismissed” engineer must elect the separation allowance?

A47.     The first day that an employee is placed on a protection board and cannot hold another position.

Q48.     What rights does an employee have if he/she is already covered under  labor protection provisions resulting from another transaction?

A48.     Section 3 of New York Dock permits  employees to elect which labor protection they wish to be protected under.  By agreement between the parties, if an employee has three years remaining due to the previous implementation of Interdivisional Service the employee may elect to remain under that protection for three years and then switch to the number of years remaining under  New York Dock.  It is important to remember that an employee may not receive duplicate benefits, extend their protection period or count protection payments under another protection provision toward their test period average for this transaction.

Q49.     If an employee is displaced from his/her assignment and not immediately notified of the displacement, will their New York Dock protection be reduced?

A49.     An employee’s reduction from New York Dock protection would commence with notification or attempted notification by telephone, letter or in person, the Carrier and would continue until the employee placed themselves.

Q50.     Will an employee have their protection reduced while on a protection board?

A50.     Yes, but only for layoffs or other absences. They will be considered as holding the highest rated position when on the board.

Q51.     If an employee who has wage protection leaves the Hub or later returns to the Hub, how are they treated for protection purposes?

A51.     They will be treated as holding the highest rated job they could hold in their previous seniority district if higher than the one in their new seniority district.

Q52.     How will reductions from protection be calculated?

A52.     In an effort to minimize uncertainty concerning the amount of reductions and simplify this process, the parties have agreed to handle reductions from New York Dock protection as follows:

1. Pool freight assignments - 1/15 of the monthly test period average will be reduced for each unpaid absence of up to 48 hours or part thereof.  Absences beyond 48 hours will result in another 1/15 reduction for each additional 48 hour period or part thereof.

2. Five day assignments -  1/22 of the monthly test period average will be reduced for each unpaid absence of up to 24 hours or part thereof.  Absences beyond 24 hours will result in another 1/22 reduction for each additional 24 hour period or part thereof.

3. Six & seven day assignments - The same process as above except 1/26 for a six day assignment and 1/30 for a seven day assignment.

4. Extra board assignments -  1/20 of the monthly test period average will be reduced for each unpaid absence of up to 24 hours or part thereof.  Absences beyond 24 hours will result in another 1/20 reduction for each additional 24 hour period or part thereof.

NOTE:  Engineers on extra boards that go to the foot of the extra boards after a layoff will be considered as having an additional 24 hours off for riding the board.  

Q53.     Can you give an example of how the interim protection and regular protection will operate?

A53.     The following  examples cover  employees with less than six years of service and more than six years of service.:

Example 1: Employee A has eight years of service when the agreement is implemented on April 1, 1997.  The interim period runs until January 1, 1998.  The employee will receive interim protection until January 1, 1998, and on that date will receive six years New York Dock protection.

Example 2: Employee B has three years of service under the same facts as example 1.  Employee B will have interim protection until January 1, 1998, and will then have three years nine months New York Dock protection.

Example 3: Employee A has eight years of service when the agreement is implemented on April 1, 1997.  The interim period runs until June 1, 1998.  The employee will receive interim protection until April 1, 1998, and will begin regular protection on April 1, 1998, for six years.

Example 4: Employee B has three years of service under the same facts as Example 3.  Employee B will have interim protection until April 1, 1998, and will begin four years New York Dock protection on that date.

Example 5: Employee C has seven years of service when the agreement is implemented on April 1, 1997.  Employee C elects to move to a vacancy outside the Salt Lake Hub on November 1, 1997, and reports on that date.  Employee C will be on interim protection until November 1, 1997, and will then start six years regular protection.

Q54.     Why are there different dollar amounts for non-home owners and homeowners?

A54.     New York Dock has two provisions covering relocating.  One is Article I, Section 9, Moving Expenses and the other is Section 12, Losses from Home Removal.  The $10,000 is in lieu of New York Dock moving expenses and the remaining $20,000 is in lieu of loss on sale of home.

Q55.     Why is there one price on loss of on sale of home?

A55.     It is an in lieu of amount.  Employees have an option of electing the in lieu of amount or claiming New York Dock benefits.  Some people may not experience a loss on sale of home or want to go through the procedures to claim the loss under New York Dock.

Q56.     What is loss on sale of home for less than fair value?

A56.     This refers to the loss on the value of the home that results from the Carrier implementing  this merger transaction.  In many locations the impact of the merger may not affect the value of a home and in some locations the merger may affect the value of a home.

Q57.     If the parties cannot agree on the loss of fair value what happens?

A57.     New York Dock Article I, Section 12(d) provides for a panel of real estate appraisers to determine the value before the merger announcement and the value after the merger transaction.

Q58.     What happens if an employee sells the home for $20,000 to a family member?

A58.     That is not a bona fide sale and the employee would not be entitled to either an in lieu of payment or a New York Dock payment for the difference below the fair value.

Q59.     What is the most difficult part of New York Dock in the sale transaction?

A59.            Determine the value of the home before the merger transaction.  While this can be done through the use of professional appraisers, many people think their home is valued at a different amount.

Q60.     Who is required to relocate and thus eligible for the allowance?

A60.     An employee who can no longer hold a position at his/her location and must relocate to hold a position as a result of the merger.  This excludes employees who are borrow outs or forced to a location and released.

Q61.     Are there mileage components that govern the eligibility for an allowance?

A61.     Yes, the employee must have a reporting point farther than his/her old reporting point and at least 30 miles between the current home and the new reporting point and at least 30 miles between reporting points.

Q62.     Can you give some examples?

A62.     The following examples would be applicable.

Example 1: Employee A lives 80 miles north of Salt Lake and works a yard assignment at Salt Lake.  As a result of the merger he/she is assigned to a road switcher with an on duty point 20 miles north of Salt Lake.  Because his new reporting point is closer to his place of residence no relocation allowance is given.

Example 2: Employee B lives 35 miles north of Salt Lake and goes on duty at the UP yard office in Salt Lake.  As a result of the merger he/she goes on duty at the SP yard office which is six miles away.  No allowance is given.

Example 3: Employee C lives in Elko and is unable to hold an assignment at that location  and places on an assignment at Salt Lake. The employee meets the requirement for an allowance and whether he/she is a home owner who sells their home of a non-homeowner determines the amount of the allowance.

Example 4: Employee D lives in Salt Lake and can hold an assignment in Salt Lake but elects to place on a Road Switcher 45 miles north of Salt Lake.  Because the employee can hold in Salt Lake no allowance is given.

Q63.     Must Grand Junction DRGW engineers be forced to an assignment to be eligible for relocation benefits?

A63.     No, since they must relocate they may make application for other assignments.

Q64.     Are there any seniority moves that are eligible for an allowance?

A64.     Yes, seniority moves outside the Hub, to, Pocatello, Dalhart, etc. during the interim period that permit another employee who would have been forced to remain at the same location will be eligible for an allowance.  The move may not trigger other relocation allowances.

Q65.     Will engineers be allowed temporary lodging when relocating?

A65.            Engineers entitled to a relocation allowance shall be given temporary lodging for thirty (30) consecutive days.

Article VII - INTERIM OPERATIONS

Q66.     Are there any restrictions on routing of traffic or combining assignments during the interim period or thereafter?

A66.     There are no restrictions on the routing of traffic in the Salt Lake Hub once the 30 day notice of implementation has lapsed and the interim period has begun.  There will be a single collective bargaining agreement and limitations that currently exist in that agreement will govern (e.g. radius provisions for road switchers, road/yard moves etc.). However, none of these restrictions cover through freight routing.  The combining of assignments are covered in this agreement.

Q67.     Since the protection boards will also operate as supplemental extra boards, does the Carrier intend to run extra boards short-handed?

A67.     No.

Q68.     Will Local Chairmen be subject to call on the protection board when it is used as a supplemental board?

A68.     No.  The Local Chairmen will be performing other duties in accordance with this

             Agreement.

Article VIII - IMPLEMENTATION

Q69.     On implementation will all engineers be contacted concerning job placement?

A69.     No, the implementation process will be phased in and employees will remain on their assignments unless abolished or combined and then they may place on another assignment or on the protection board depending on  surplus. See Article VIII(B).  The new seniority rosters will be available for use by employees who have a displacement.

Q70.     How will the new extra boards be created?

A70.     When the Carrier gives notice that the current extra boards are being abolished and new ones created in accordance with the merger agreement, the Carrier will advise the number of assignments for each extra board and the effective date for the new extra board.  The engineers will have at least ten days to make application to the new extra board and the dovetail roster will be used for assignment to the Board.  It is anticipated that the extra boards will have additional engineers added at first to help with the familiarization process.

Q71.     At the end of the interim period what will happen to any engineers remaining on the Elko and Grand Junction protection boards?

A71.     They will be relocated to the Salt Lake-Ogden metroplex and be required to exercise their seniority.

Q72.     Will the Carrier transfer all surplus employees out of the Hub?

A72.     No.  The Carrier will retain some surplus to meet anticipated attrition and growth, however, the number will be determined by the Carrier.

Q73.     Will the Carrier offer separation allowances?

A73.     The Carrier will review its manpower needs at each location and may offer separation allowances if the Carrier determines that they will assist in the merger implementations. Article I Section 7 of New York Dock permits an employee that is “dismissed” as defined by New York Dock to request a separation allowance within seven days of his/her being placed in dismissed status in lieu of all other benefits.

Q74.     When will reserve boards be established and under what conditions will they be governed?

A74.     When the interim period is over and the protection boards are canceled the parties will be governed by Article VIII(D).  When reserve boards are established they will be governed by the current reserve board agreement covering the UP engineers at Salt Lake North.

Q75.     What protection/relocation benefits will engineers be provided when they make the election?

A75.     Since this is a voluntary seniority move no additional benefits are provided.  Engineers in the Salt Lake Hub who are certified will be able to take their wage protection with them however those outside the Hub who come into the Hub will not gain wage protection.  None of the engineers will be entitled to relocation expenses as a result of a voluntary move at this time.

Miscellaneous

Q76.     How will the Carrier handle the one engineer who is currently working an assignment that goes on duty at Carlin and works to Love Lock?

A76.     If the assignment is changed so that it does not go on duty at Carlin but at Elko, the currently assigned engineer will not be required to follow the work to the new Salt Lake Hub.  The engineer will be placed on a temporary protection board at Carlin and will be further handled when that area is served a New York Dock notice.

Q77.     If sufficient Idaho Agreements are not available when the ratification vote is taken, what process will be used to familiarize employees with the basic provisions of that agreement?

A77.     Some agreements will be available to the other local chairmen.  In addition, the Carrier will pay lost wages and expenses for Idaho Local Chairmen and the Vice-Local Chairmen to attend local meetings to discuss the Idaho agreement.