AGREED UPON QUESTIONS AND ANSWERS

TO THE INTERPRETATION OF ARTICLE VIII OF THE

DECEMBER 16, 2003 BLET NATIONAL AGREEMENT

                      Q1.     What is meant by the phrase "authorized or approved time off'?

A1.     This phrase is intended to mean the time such as, but not limited to, when an employee is off

            account of personal illness, Family and Medical Leave Act, personal leave days, vacations, or

            any other approved time off.

                    Q2.     What is the minimum duration for an absence due to illness?

                    A2.     An absence due to sickness will not be approved/authorized for a duration of less than 24

            hours, unless otherwise specified in the collective bargaining agreement.

 

Q3.     Can an employee who is granted a non-compensated absence, such as an absence due to

            illness, mark up prior to the expiration of the minimum required time off?

 

A3.     Yes, unless otherwise prohibited from doing so by existing Agreement rules or by applicable

            Agreement rules providing for a minimum layoff period.

 

Q4.     What is meant by the phrase " . . .will be automatically marked up and available for service

            upon expiration of the approved/authorized duration of their absences. . . "?

 

A4.     An employee will, coincident with the expiration of his or her authorized or approved leave,

            automatically be placed in OK status and thereafter be subject to call under the current

            collective bargaining agreement, subject to the conditions outlined in Article ll Paragraph D of

            this Interpretation.

 

Q5.     Can an employee be called for service prior to the expiration of his/her authorized or approved absence?

 

A5.     No, unless the employee has elected to mark up prior to the expiration of the approved time off.

 

                     Q6.     Provide an example relative to Q4/A4 and Q5/A5 above.

 

A6.     At 2:00 p.m. on Wednesday Employee A contacts UP and requests to be off for 24 hours due

           to a personal illness. Employee A is granted 24 hours off due to illness. Employee A is

          automatically placed into OK status (marked-up) at 2:00 PM the following day (Thursday).

          Employee A can receive a call to service anytime thereafter, subject to the terms and

          conditions of the calling rule. Employee A cannot be called for service between 2:00 p.m.

          Wednesday and 1:59 p.m. Thursday.

 

                    Q7.     Provide an example of the application of Article 11, Section D of this Interpretation.

 

                    A7.      Employee B marks up at 11:00 p.m. from a 72-hour absence. Pursuant to Article II, Paragraph

                                D, Employee B would, consistent with the calling requirements under the current collective

                                bargaining agreement (e.g., if the pool required a 2-hour call), Employee B could be called at

                                6:00 a.m. for an assignment that starts (on-duty time) at 8:00 a.m.

 

                    Q8.     What is the reason for the morning mark-up after absences of 72 hours or more in Article II, Paragraph D?

                    A8.     Article 11, Paragraph D reflects the parties' efforts to provide employees returning from

          absences of 72 hours or more an opportunity for additional rest in order to help ensure they

          are fully rested and prepared to perform service in a safe and efficient manner. Employees

          are expected to use this opportunity to acquire proper or additional rest

                      Q9.     Can an employee voluntarily forego the morning mark-up requirement if he chooses?

                      A9.      No. If the employee is rested and ready for service and wants to be immediately placed in OK

             status, then he or she should mark up prior to 10:31 p.m.

                     Q10.     What is meant by Article II, Section E, Paragraph 1. a.?

A10.     Employees returning from absences of 72 hours or greater will not have any applicable

             guarantee and/or bonus day payments adversely impacted while complying with the morning

             mark-up provisions since they are marked-up for service and working their way up the board

             and eventually held-first out for service until available for a call to duty on or after 8:00 a.m.

Q11.     Is the intent of Article II, Section E, Paragraph 1.b. to redefine how layoff occurrences are

             handled under the respective individual collective bargaining agreements?

 

A11.     No. The parties recognize that different applications regarding how layoff occurrences are

            accumulated are currently in place on the individual Committees involved in this Interpretation.

            This Interpretation does not change the current practice on those properties other than it

            identifies a status change as an additional layoff occurrence.

                    Q12.     What is meant by Notes 4 and 5 in Article III, Section A?

A12.     Notes 4 and 5 simply require that a reasonable determination be made at the time of the

            employee's request for time off that balances the employee's needs with that of the manpower

            necessary to satisfy UP's service requirements.

                    Q13.     Provide an example of how Note 6 in Article III, Section A would be applied.

A13.     Employee A becomes ill at 4:00 AM on Saturday morning. Employee A contacts CMS who

             informs him/her that he/she must talk to Manager B prior to being marked off sick. The crew

            dispatcher immediately attempts to conference Employee A in with Manager B to handle the

            request. If Manager B is unavailable, a message is left on his recorder requesting a return call

            to Employee A. If no return call is received within 30 minutes, Employee A will contact CMS

            who will handle the request.

 

Q14.     Is this Interpretation intended to alter the current practice on the properties regarding the

             granting of authorized or approved absences?

 

A14.     Yes, to the extent that this Interpretation requires that after UP approves an absence and its

            duration, the employee must be advised of the approved duration (or mark-up time). This

            interpretation does not supersede any Agreement or legal obligations for granting employees

            time off (such as for jury duty, union business, etc.). The intent of this Interpretation is to

            provide UP with specific information regarding an employee's return to service so that they can

            better plan for and meet their manpower requirements.

                    Q15.     How will a request for an extension of an absence due to illness be handled?

A15.     A request for an extension of an absence due to illness will be handled by CMS or its

            designated representative in the same manner as the initial request to lay off due to illness.

                    Q16.     How are failures to report at the end of an authorized leave to be handled?

                    A16.     They will continue to be handled in the manner currently in place on the property.

A17.     Is this Interpretation intended to change or alter individual agreements governing offsets to

            protection benefits?

                    A17.     No.

 
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