SALT LAKE  GUARANTEE EXTRA BOARD AGREEMENT

AGREEMENT

#1803159630

between the

UNION PACIFIC RAILROAD COMPANY

for the territory

EASTERN DISTRICT

AND

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

GUARANTEED ENGINEERS' EXTRA BOARD

 Guaranteed engineer's extra boards may be established in the territory Subject to the Eastern District Engineers' collective bargaining agreement subject to the following:

1.          OPERATION. At the Carrier's discretion guaranteed extra boards may be established, upon thirty (30) days' written notice to the General Chairman at any   location where deemed necessary, Likewise, in the event there is insufficient work to justify an extra board(s) same may he suspended upon thirty (30) days' written notice to the General Chairman.

         The engineers' guaranteed extra board will operate on a rotary basis. Any engineer displacing on or marking up for service will be placed at the bottom of the board at the time of such displacement or mark-up, Engineers returned to the  board after working will be placed at bottom  of the extra board per tie-up time. If  more than one tie-up at the same time, pervious board standing will govern,

2.          GUARANTEE.

 Engineers assigned to the extra board Shall receive a semi-monthly guarantee of $2405.16 per pay period (determined by using the standard basic daily through freight rate applicable to me weight on drivers bracket, 960,000 and less than 1,000,00 pounds at the March 21, 1996, rate of $1.3362 per mile. This rate is subject to future general wage adjustments including COLA). The guarantee shall be computed on a daily basis and shall not apply to any calendar day the extra engineer lays off or otherwise becomes not available for service or any following calendar day which an extra engineer continues to lay off or to be unavailable past 12.00 Noon.

NOTE See ‘Attachment A' for various examples

All earning received by extra engine  assigned to the extra board will be used in computing such guarantee. Extra engineers laying off on call, missing call or not available for call account tied up for extra rest will have their guarantee reduced by the amount they would have earned had they not laid off on call or  missed call, with a minimum of a guaranteed day.  Extra engineers missing call when other than first out will have their guarantee reduced by one day only. Extra engineers unavailable more then two (2) occurrences per pay period, or being unavailable more than 72 combined hours per pay period, will have their guarantee suspended for such pay period. This will include any unavailable status including extra rest, but will exclude layoffs for Company business and local chairman, legislative representative, vice local chairman, secretary treasurer or division president who must lay off for union, business.

Engineers added to the extra board will be paid guarantee for the day added provided they meet the availability requirement of this agreement and all earnings made on the day added will he included in computation of guarantee. Guarantee will not be paid to an engineer on the day reduced from the extra board.

NOTE:  See 'Attachment A' for examples of guarantee payment.

3.       REST DAY/INCENTIVE PAYMENT. Engineers assigned to the guaranteed extra board for an entire pay period (or who is reduced from the board by the Carrier prior to completion of the pay period) shall be entitled to one (1) rest day (a 24-hour period or portion thereof) during the pay period for which no deduction will be made from the guarantee subject to the following conditions.

(a)      At the time the engineer must be other than first out.

(b)      The rest day must be taken at any time commencing 12.01 AM, Monday and concluded by 11:59 PM. Thursday.

(c)    The rest day cannot exceed 24 hours.

(d)   This provision does not affect, or modify any provision contained in the paid holiday agreement.

Engineers assigned to the guaranteed extra board for an entire pay period who remain marked up and available for service during that entire pay period shall be entitled to an incentive payment of one prorated guaranteed day representing the one (1) rest day to which entitled under this Item 3, but not taken. This incentive for full availability during the pay period shall be paid regardless of whether an engineer does or does not exceed the guarantee for the period and shall be in addition thereto.

Reductions in guarantee due to layoffs/absences does not apply when taking rest day(s) under this item 3.

4.     LAYING OFF OTHER THAN ON CALL (AT HOME TERMINAL)

An extra engineer laying off for any reason and at any time other than on call will not be permitted to mark‑up for twelve (12) hours from the time he/she laid off. He/she must mark‑up to resume service.

5.      LAYING OFF (ON CALL) AT HOME TERMINAL

An extra engineer laying off on call will be held in (i.e., will not be permitted to mark‑up) until the lie‑up of the respondent or twelve (12) hours from the time of the lay‑off, whichever is later, and must mark up to resume duty. It is understood that this provision does not stop the Carrier from administering such discipline as it deems proper for a missed call.

6.      MISSING CALL (AT HOME TERMINAL)

An extra engineer missing a call will be automatically marked to the bottom of the extra board at the time of such miss call.

7.      MISSED CALL (AT FAR TERMINAL)

For guarantee purposes, an extra engineer missing a call or laying off at the far terminal will be treated the sane as an extra engineer laying of on call at the home terminal and will not be returned to the extra board until tie‑up of the assignment he/she missed call for.

8.      OUTLYING VACANCY

An extra engineer who misses a call, lays off on call or ties‑up for extra rest when he/she stood for an outlying vacancy will, upon reporting for service, be required to relieve the engineer who accepted the call if he/she is still occupying the outlying vacancy. His/her guarantee will be reduced by the amount he/she would have earned with a minimum of one guarantee day for each day laid off.

9.      TYING UP FOR EXTRA REST

An extra engineer tying up for extra rest will retain his/her position on the extra board. If he/she becomes first‑out and thus not available for service, he/she will be held in until the tie‑up of the respondent or twelve (12) hours from the time of miss call, whichever is later. He/she must mark‑up to resume service.

10.      REGULATION.

The Carrier have the unqualified and unchallenged Right to determine the number of engineers to be placed and maintained on a Guaranteed Extra Board. Carrier will, however ensure that there are sufficient Engineers on the GEB to permit those employees reasonable absence privileges. Assignments to the guaranteed extra board shall be made in accordance with Schedule Rule 92 and modifications thereto.

Engineers added to the extra board shall not be removed therefrom for a period of 7 days bu­t may bid off or be displaced sooner.

EXAMPLE: Extra board is added to on May 1 ‑ Engineer assigned to the extra board on May 1 may not be removed until May 8.

11.      DEADHEADING.

Deadheading which results from the regulation of the extra board will not be paid for.

12.      SHORT TURNAROUNDS

Extra engineers marking a short turnaround trip out of the borne terminal of assignment will be placed at the bottom of the extra board.

13.      CONFLICTING AGREEMENTS.

This agreement in no way conflicts with Rule 67 "TIE UP FOR EXTRA REST” and the sep­arate seniority districts union business agreements; however, all other agreements in conflict with this agreement a hereby superseded while this agreement is in effect.

14.      PENALTY CLAIMS.

The Company will not be penalized in any way in the application of this agreement.

15.      AMENDMENTS/TERMINATION

This Agreement may be amended at any time by agreement of the parties signatory hereto otherwise under the provisions of the Railway Labor Act, as amended. This agreement may be cancelled by the Union party signatory hereto by serving sixty (60) days' written notice to the Carrier with the understanding that the termination will be effective at midnight an either the 15 or last day of the calendar month following the sixty (60) day period calculated from the date of the Union’s notice. This is with the understanding that, should the carrier so request, the parties shall meet and review any problems associated with the cancellation of this Agreement. In the event this agreement is cancelled, the guaranteed extra board conditions set forth in Side Letter #20 of the Award of Arbitration Board No. 458 dated May 19, 1985 will be restored

16.             This agreement is a modification of and supersedes the basic Guaranteed Engineer’s Extra Board Agreement signed October 26, 1985. (File E-013-22; E‑013‑CMS‑E), as well as all other separate extra board agreements and understandings except the Yard Extra Board Agreement at North Platte.

17.           This agreement shall become effective on July 1, 1996.

M. A. Young     

General Chairman BLE

T. L, Wilson, Sr.

Director Labor  Relations

L. A. Lambert

General Director – Labor  Relations

“ATTACHMENT A”

EXAMPLES FOR PAYMENT OF GUARANTEE

An Extra engineer:

1.    WHEN FIRST-OUT (LAYING OFF AND MISSING A CALL)

(a) Lays off or lays off on call; at 10:30 P.M. January 3 and marks up at 12:00 Noon January 4 The extra engineer will lose guarantee or the amount he/she would have earned for the calendar day January 3.

If the extra engineer mad not marked up until 12:01 P.M. January 4 he/she would have lost guarantee or the amount he/she would, have earned for the calendar days January 3 and 4.

If the extra engineer continues to lay off greater than 72 hours, he/she will have guarantee suspended for that half.

(b) Lays off: at 1:00 A.M., January 3 and marks up at 1:00 P.M. January 3. The extra engineer will lose guarantee for the calendar day January 3. 

(c) Misses a call: at 11:00A M, January 3. The extra engineer will lose guarantee for January 3 or the amount he/she would have earned for January 3. 

2.   WHEN SECOND-OUT (MISSING A CALL). 

(a)     Misses one call at the home terminal: at 11:00 A.M., January 3. He/she will lose one day’s guarantee.

(b)     Misses two calls at the home terminal: at 11:00 A.M., January 3 and misses another call at 4:00P.M., January 3 when first-out. The extra engineer will lose guarantee or the amount he/she would have earned for January 3. 

(C)     Misses three calls at the home terminal: at 11:00 A.M., January 3 when second out, misses a second call at 4:00 P.M. January 3, and misses another call at 10.00 P.M., January 3. The engineer will lose his/her guarantee for the first‑half pay period of January. 

Note:      In the examples 1(c) and 2(a) (b) (c) above, the extra engineer automatically drops to the bottom of the extra board at the time of the missed call.