INTERPRETATION

Between

UNION PACIFIC RAILROAD COMPANY

And

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

PERSONAL LEAVE DAYS

1.   For calendar year 2002 (qualifying year 2001) and all succeeding years, this Document constitutes an interpretation of how Section 3(d) of Article VI (Personal Leave) of the May 31, 1996, BLE National Agreement is to be interpreted by the parties signatory hereto for those employees in road freight/passenger service not covered by the National Paid Holiday Rules. 

2.  For an employee in road freight/passenger- service not covered by the National Paid Holiday Rules to qualify for personal leave days in any given calendar year, the road requirements set forth in Sections 2 (a), including the NOTE, (b), (c) and (d) of Article V of the May 31, 1996, BLE National Agreement will govern.

 NOTE:  It is the parties' intention this Paragraph requires 180 qualifying days for in a calendar year in road freight/passenger service to qualify for personal leave days in the succeeding year. 

3.   The multiplying factors provided for in Paragraph 2, above, will not apply to an employee in any payroll half during which the employee had an unpaid absence (layoffs). 

4.   For an employee to whom the multiplying factors will not apply, only the employee's actual tours of duty in that payroll half will be counted toward the 180 qualifying days. A tour of duty is defined as follows: a working start, a straight deadhead trip, a combination deadhead and service trip, company service status or a call and release when the employee reported for duty, performed service and then was released. A separate and apart deadhead trip followed immediately upon tie-up at the far terminal with a return working trip will count as two starts for personal leave day qualifying purposes.

 5.   This interpretation for determining qualifying days for personal leave days will also be used to determine eligibility for personal leave days in calendar year 2001 for the employees who previously did not qualify for personal leave days in 2001. No later than thirty days after the BLE has notified the Carrier this Document is acceptable, the Carrier will notify those employees whether they now qualify for personal leave days.  

6.   Question and Answer Number 3 for Article V1 of the May 31,1996, BLE National Agreement provide for the accumulation of any personal leave days an employee is not allowed to take during a yew The Carrier will implement a “'banking” program for personal leave days. The Questions and Answers set forth in Attachment A of this Document will constitute the parties' banking plan. 

7.   This Document is offered to the following four BLE General Committees for acceptance: CNW, UP Eastern District, SP West and UP West. This Document may be accepted by all, any or none of the four committees. 

8.   Throughout the course of these negotiations the parties discussed a number of issues related to personal leave days. Those discussions led to these interpretations. This Document reflects the parties best efforts. However, it is possible some items or issues which were discussed have been inadvertently omitted. Should some such item or issue be raised by either party, the parties will meet discuss and make reasonable attempts to resolve the item or issue. 

       Signed at Omaha, Nebraska, this 21^st day of February 2001. 

FOR THE BROTHERHOOD OF                       FOR THE UNION PACIFIC

LOCOMOTIVE ENGINEERS                            RAILROAD COMPANY

  s/ T. J. DONNIGAN

ATTACHMENT A

PERSONAL LEAVE DAY ACCUMULATION 

Q-1.        Do PL days earned but not taken get paid upon retirement the same as vacation?

A-1.       Yes.

Q-2.      How does an engineer advise the carrier of his/her desire to accumulate PL days?

A-2.     PL days not used or not approved in a calendar year prior to November 15 will automatically be accumulated.

Q-3.      How many days may an engineer accumulate?

A-3.      60 days.

Q-4.      Once PL days are accumulated, when may an engineer use them?

A-4.      Accumulated PL days may be used only at retirement, resignation, extended leave, death or catastrophic personal or family occurrence.  

Q-5.      Assuming an engineer has accumulated PL days, will his estate be paid for the accumulated PL days upon the engineer’s death?

A-5.      Yes.

Q-6.     Assuming an engineer has begun an extended leave just prior to a general wage increase, will all PL days taken be paid at the rate of the last service performed or will the rate be increased when the general wage increase goes into effect?

A-6.      Payment will be at the rate of the last service performed.

Q-7.     May the Carrier unilaterally buy down an engineer’s accumulated PL days?

A-7.      No.

Q-8.      What rate of pay will be used for accumulated PL days?

QUESTIONS AND ANSWERS

Q-1.    Do assigned rest days constitute an unpaid absence for the purpose of personal leave day qualification determination?

A-1.     No. Where rest days are assigned in passenger, pool freight, work/rest extra board, yard or local service, such rest days will not be considered unpaid absences.

Q-2.    Where there is an applicable rule, a union representative is allowed to hold his/her turn for union business, does that constitute an unpaid absence?

A-2.     No.

Q-3.    In the event an engineer identified as having failed to qualify for personal leave days at the end of the qualifying year disputes the finding on the basis of whether unpaid or paid leave had been taken during any pay period(s), how will such dispute be resolved?

A-3.    The appropriate general chairman and CMS director will review the matter. If the engineer had personal leave days available at the time(s) of the disputed lay‑off, such lay‑off will be considered as paid leave provided doing so would not result in the engineer having more personal leave days than those to which be/she was entitled.

A-11. If there is an agreement covering the donation of PL days to another employee in effect, engineers may donate accumulated PL days in accordance with that agreement. 

Q-12. May accumulated PL days be used by an engineer who is assigned in service covered by the paid holiday rules? 

A-12. Yes, if the reason for such use meets the requirements in Q&A #4 in Attachment A to the 2/21 /01 interpretation.

Q-13. May an engineer request payment for accumulated days in excess of the time off work, e.g., the engineer takes fourteen (14) days off for Family Medical Leave and requests to be paid for twenty-five (25) accumulated days? 

A-13. The intent of the interpretation is the number of accumulated days used should not exceed the number of days off work. However, the interpretation does not preclude the use of a greater number of accumulated days in extraordinary circumstances when both the engineer and the Company representative agree. 

/s/ B. D. MacArthur                                                                                               /s/ A. T. Olin 

General Chairman - Brotherhood of Locomotive Engineers

/s/ M. A. Young                                                                                                       Union Pacific Railroad

General Chair - Brotherhood of Locomotive Engineers                                              /s/ W. E. Loomis 

/s/ T. J. Donnigan                                                                                                   General Director.

General Chairman - Brotherhood of Locomotive Engineers                                        Employee Relations Planning 

/s/ D. L. McPherson                                                                                                 Union Pacific Railroad

Vice President - Brotherhood of Locomotive EngineersR. D. Meredith

                                                                                                                                  Union Pacific Railroad

A16: Yes, ground service will be combined with engineer service during the same calendar year to determine PL qualifying days for the subsequent calendar year, and handled as set forth in Q&A #4.

Q17: What is meant by "performed service" in item 4 of the 2/21/01 interpretation?

A17: If an engineer is entitled to at least a basic day under the applicable call and release rule, then the call and release will count as one (1) PL qualifying day.

Q18: Is military duty considered a compensated absence?

A18: No.

Q19: How is a make whole/step-up payment treated for PL day qualification?

A19: If the engineer is assigned in service not covered by the paid holiday rules and has no unpaid absence during the pay roll half, a make whole/step-up payment will be converted to PL qualifying days by multiplying the make-whole/step-up miles x 1.3 and then dividing by 130 as in Q&A #4.

Q20: An engineer is assigned in yard service continuously during the first 11 months of calendar year 2003, and then takes a road assignment not covered by the paid holiday rules during December. How is the engineer's PL day qualification for 2004 determined?

A20: For each pay half during the period January - November, the engineer's yard service starts are counted as qualifying days for purposes of PL days. During December, qualifying days will be determined in accordance with items a) and b) in Q&A #4. The qualifying days earned during each payroll half during calendar year 2003 will be added. If the total is 180 or more, the engineer will be qualified for PL days during 2004, subject to the terms of the agreement..

Q21: An engineer earned more than 180 qualifying days for PL purposes during calendar year 2002. During calendar year 2003 that engineer works the entire year on assignments covered by the paid holiday rules. Would such engineer be entitled to take PL days during 2003?

A21: No, because an engineer is not able to take PL days when he/she is assigned to a position covered by the paid holiday rules.

Q22: An engineer qualified for PL days works in holiday covered service through October 31, 2003, and then moves to road freight service not covered by paid holiday rules. Will the engineer be able to take PL days during November and December?

A22: Yes, subject to the terms of the 2/21/01 interpretation, but the engineer's annual entitlement to PL days would be reduced by paid holidays or holiday opportunities during the period the engineer was working in service covered by the paid holiday rules.

Q23: How does an employee's craft on December 31 affect the treatment of unused PL days from that calendar year?

A23: If the employee is an engineer on the last day of the year, any unused PL days from that year are accumulated in accordance with Attachment A to the 2/21/01 interpretation. If the employee is working in another craft on the last day of a year, any unused PL days from that year will be handled in accordance with the agreement governing that craft. For example, if the employee is working as a trainman, and the agreement governing trainman contains a provision for carry-over of unused PL days, any unused days will be carried over in accordance with the terms of the trainmen's agreement.

Q24: If an employee has carry-over days under the UTU CBA, and is set up as an engineer, will the employee be eligible to take the carry-over PL days?

 A24: Yes, prior to the UTU CBA carry-over expiration date.

Q25: If an engineer worked the entire calendar year 2003 on assignments covered by the paid holiday rules, would such engineer's unused current year PL days at year end be accumulated?

 A25: The engineer has no PL days to accumulate because the engineer was covered by the paid holiday rules throughout the year.

Q26: Is an employee who has accumulated PL days entitled to use or donate accumulated days if the employee is working in a craft other than locomotive engineer?

A26: No.

Q27: When an engineer uses accumulated days, will the payment for such days be included in the calculation of 1/52 vacation pay for the subsequent calendar year?

A27: Yes.

 Q28: Can the lump-sum payment for accumulated PL days be used to offset labor protection?

A28: Yes.

Q29: If an extra engineer uses accumulated PL days during an otherwise unpaid absence, will such engineer be considered "on the board" for guarantee purposes? 

A29: No. 

Q30: Can an accumulated day be used for rest/layover day compensation?

 A30: No. 

Q31: Referring the Q&A #3 of the 2/21/01 interpretation - in the event an engineer has failed to qualify for PL days at the end of a year, may the engineer use an accumulated PL day from a prior calendar year to convert a disputed lay-off to a paid absence?

 A31: No, only current year PL days may be used in such a situation.

Q32: May an engineer be paid one or more accumulated days for a day on which the engineer is already being compensated, e.g., takes three (3) days of paid bereavement leave and requests to be paid for 3 accumulated days? 

A32: No. 

Q33: May an engineer use an accumulated day to offset unpaid days under the National Bereavement rule, e.g., absent 3 days out only compensated for 2 days because only stood to have worked 2 of those days? 

A33: No. 

Please signify your concurrence in these questions and answers with your signature in the space provided below.  

The parties recognize additional questions relating to the February 21, 2001 personal leave day interpretation may arise. In that event, the parties will discuss the proper application of the interpretation and attempt to agree on an answer. 

Sincerely, 

/s/ W. E. Loomis 

Concur: 

/s/ T. J. Donnigan - General Chairman 

/s/ B. D. MacArthur - General Chairman 

/s/ M. A. Young - General Chairman 

cc:       D. L. McPherson, Vice President

            Brotherhood of Locomotive Engineers