QUESTIONS AND ANSWERS
to the
MODIFIED CREW CONSIST AGREEMENT
effective Feb 1 tq49
During the ratification process of the
Modified Crew Consist Agreement effective February 1, 1992, certain questions
were raised concerning the intent of the proposal. It was‑agreed that
Questions and Answers would be developed to clarify some of the items and the
following were agreed to:
Q‑~: ~Q ~
he provisions of Article I, Section 4 apply to pick‑up~ and/or stouts
made enroute which would result in exceeding the aareed‑t~ work Bent 1
imi tori ones
A‑1: Yes. (This Q&A is found in the body of the
Agreement or
· Page 3.)
Q‑2: At
locations where there are separate road and yard extol boards, will there be
separate ready reserve boards for road and yard service?
A‑~: Yes.
Q‑3: Was
it the intent of the parties to waive Article XII ‑Termination
of 5enioritv of the October 31, 1985 National Agreement for trainmen with
seniority dates subsequent to October 31, 1985 but prior to the effective date
of this agreement?
A‑
~ ‑ Vie
Q‑4:
Article III, Section 6(f) concerns the right of Read, Reserve Board employee
"to lay off, use personal leave, and take scheduled vacation ..."
Wa.s it the intent of this Section to count time on the ready reserve board as
qualifying for vacation in succeeding years?
A‑4: Yes.
Q‑~; Does
time spent on Tier I and Tier I; Boards count towards qualifying for vacation
in succeeding years?
A‑5: No.
Article III, Section 11 is applicable to Tier I and Tier II Boards.
Q‑6: Due
to manpower shortages the Carrier has denied layoffs with the suggestion to try
again when first out to see ii additional manpower is available. Under Article
lI, Sectior 7(b) an employs is penalized more by laying off first out. Will the
Carrier continue to deny layoffs until first outs
A‑6; No,
it is not the intent of the Agreement to deny layoffs lint ~ 1 f ~ rat rant
Q‑7: At
Denver some employee were on Reserve Boards in 1990 anc 1991. Will their
Reserve Board rates be 70` of their 1986 Reserve Board rate.
A‑7; No.
Denver trainmen with 1986 Reserve Board rates wild receive the 1986 rate if
hither than the 1990 or 1991 rate.
Q‑~; When
will the Reserve Board rates based on 1991 earnings h ‑ ~M" of f ‑
~+ ~ v"?
A‑8: The
rates will be effective February 1, 1992; however, due to Carrier legal
requirements concerning W‑2 forms, these rates may not be available until
March 1992. Adjustments, if necessary, will be made retroactive to February 1,
1992.
Q‑9: Are
the number of Reserve Board positions fixed on Implementation day?
A‑9; No.
All additional reductions in forces in the first 9( days will create additional
Reserve Board positions. This does not include forces recalled from the Reserve
Boars and then later returned to the Reserve Board. The parties will meet after
gO days and will establish the figure be
120 dams.
Q‑iO:
Article II, Section 6(a) provides for the creation o] combination extra boards
on J^nuary 1, 1995. If the tote] number of extra board positions is reduced,
will this create additional Reserve Board positions?
A‑ 10: Yes,
as long as there is no duplication in the creation of new positions. See
Q&A‑9.
Q‑ll: May
an employs assigned to a reserve board bid a temporary as s 1 gnment 7
A‑ll: No.
Q‑ 12: When
a ready reserve board employee ~ s recal led for temporary relief, are they
assigned to the extra board or can they bump to ~ regular assignment?
A‑ i2: They are assigned to the extra board.
Q‑13: When
a ready reserve board employe is recalled for temporary rel ief , does that
create a vacancy on the ready reserve board?
A~13: No, ready
reserve positions are only filled when a permanent vacancy occurs.
Q‑ 14:
Will employee on reserve boards receiye the lump sum payments in PEB 2i9 in
addition to their reserve hoard pay?
A‑ 14: Yes .
Q‑ 15: At
an intermediate point, such as Topeka, if a single assignment helps a conductor
only set‑out in the Topeka Yard, well that count as a work event?
A‑IS: Yes.
O‑ 16; Is
time on reserve board counted as time worked towards ache new hire rate
progress ~ on?
A‑16: Yes.
Q‑ 17:
Can a brakeman used in pool freight service to the AFHT be used in any other
service from the AFOOT?
A‑ 17: Existing Agreement rules aDDlv.
Q‑18:
Article I, Section 3(b) refers to trains being restricted to no more than three
work events enroute and Article I, Section ~ states that relief crews' number
of work events will not be reduced due to the crew being relieved performing
work events. Are "trains" and "crews" used interchangeably
in this Article?
A‑18: Yes,
the restriction on work events app] it to each crew separately from other
crews.
Q‑lg: Article II, Section 7(cl Provides for reductian~ in
~xt'a
board guarantee for layoffs for each 24‑hour period or
portion thereof. If an employs lays off at 6:00 P.M. on Tuesday and marks up at
5;00 P.M. on Wednesday, what is the quarantee reduct ion?
A‑l9: One
guarantee day. The Agreement refers to 24‑hour periods not to calendar
days.
Q‑20: What
seniority date is used to apply for the ready reserve, Tier I and Tier II
beards?
A‑20: (1)
Road ready reserve board ‑ Brakeman's date but must be Conductor
qualified.
( 2 ~ Yard ready reserve board ‑ Switchman ' s date. (3)
Tier I Board ‑ Brakeman's date.
(4) Tier Il Board ‑ Earliest Brakeman' s/\'ardman's date.
Q‑21: Article
III, Section 9(a) "note" refers to five days' pa, and two rest days
for employee on the reserve board. Wher recalled to service, what will be the
two rest days?
A‑21; The sixth and seventh day after the recall date.
Q‑22:
Article III, Section 14 states that established Tier I reserve board positions
will always be preserved. Are Tier 1I positions also always preserved?
A‑22: Yes, see Article III, Section 4(d).
Q‑23: Are
employee who return from engine service also coverer by the note to Article
III, Section 15?
A‑23; Yes,
if they entered engine service from train service, Engine service employee who
received a trainman's date uncle: Article XIII, Section ~ of the 1985 National
Agreement err not entitled to crew consist benefits.
O‑24; If a
ready reserve board employs is on vacation wher recalled, when is the latest
they can report?
A~24: Forty‑eight hours after their vacation ends.
g‑25: Does
the modified crew consist agreement change the method from moving from one
working assignment to another?
A‑25: No, existing agreements control.
Q‑26: How can a working emoloYe move to ~ reserve boards
A‑26: (1)
By application when reductions in working positions are made and there are
surplus working employee senior to employee on the reserve board or there are
empty slots.
(2) Sadie Hawkins Day.
( 3 ) By use of
displacement rights (seniority permitting; when no senior employee have
applications on file.
Q‑27: Will
the current engineers' buyout affect the total number of positions available
under this Agreement?
A‑2?: No.
The parties agreed to use the employe‑working roster as of November 5,
1991, to determine the minimum number of positions under this Agreement.
QUESTIONS AND ANSWERS
to the
MODIFIED CREW CONSIST AGREEMENT
EFFECTIVE FERRTTARY 1 . 1 q q ~
Q‑28: May
a Conductor, who can hold a Conductor assignment, bid in a reserve board
position?
A‑28: Yes,
if there are sufficient Conductors junior to him/her to fill all Conductor
assignments including the extra board.
Q‑29: Did
the Crew Consist Modification Agreement effective February 1, 1992, modify the
principle set forth in Item 92(a‑5) of the current Road Schedule of
Rules?
A‑29: No.
The principle set forth in Item 92(a‑5) would also be applicable to
reserve boards.
Q‑30: If a
conductor assignment goes "no‑bid," how will it be filled?
A‑30: By
the junior conductor holding seniority on that district who is assigned to a
reserve board, working in the prior seniority district of the assignment and
not holding a regular assignment as conductor, or under Q & A 29 above
(division yard position).
QUESTIONS AND ANSWERS
to the
MODIFIED CREW CONSIST AGREEMENT
EFFECTIVE FEBRUARY 1. 1992
Q‑31: Are
yard and brakemen guaranteed extra boards considered regular assig..ments
th"s allc,wir.~emp'oyes to bid the.r‑.e~rer though they could hold a
pool or rest day assignment?
A‑31: Yes, for the purposes of bidding and/or making
application.
Q‑32: Can
employee fill temporary vacancies on a guaranteed extra board?
A‑32: No.
Q‑33:
Does the 17‑day rule apply to employee while on the Reserve Board?
A‑33: No,
employee move off the Reserve Board by application to a vacancy or bid to a
bulletined vacancy, Sadie Hawkins day, recall, or displacement.
Q‑34:
When a yardman is permitted out of the yard under the rules, may he bump any
regular assigned position?
A‑34: No,
but the employe may moye to a brakeman's or combination extra board or
brakeman's pool if one exists.
Q‑35: Is
the Ready Reserve Board in Zone 100 part of the annual bulletin process.
A‑35: No ‑ See Side Letters #4 and #5.
Q‑36: Is
the five‑day work week Agreement still applicable to the yard guaranteed
extra board?
A—lA ‑ Ves
Q‑37: How is the yard guaranteed extra board regulated?
A‑37: The Carrier shall regulate the board.
Q‑38: Does
time on any Reserve Board count towards the time required to stay in the yard
or in a seniority district'
A‑38: No.
Q‑39: If
an employe is displaced from a yard ready reserve board, where can that employe
displace to?
A‑39: In either road or yard, seniority permitting.
Q‑40: If
an employe on a reserye board is a qualified Engineer and is recalled to
service as an engineer, how much time does the employe have to report?
A‑40: 96
hours. The engineer contract governs recall to engineers' positions.
Q‑41: May
a working employe (conductor, brakeman or yardman) relinquish their assignment
and go to the Reserve Board?
A‑41: No,
except under the provisions of the Sadie Hawkins side letter.
Q‑42: If
pool turns are reduced and employee have application on file for a Reserve
Board and thevr have the seniority to hold a Reserve Board, will their turn(s)
be reduced rather than the junior employe's turn?
A‑49‑ Yes
QUESTIONS AND ANSWERS
to the
MODIFIED CREW CONSIST AGREEMENT
EFFECTIVE FEBRUARY 1, 1992
Q‑43: When
a train crew consists of a conductor only, what is the maximum number of hours
that the crew may tie up for extra rest.
A‑43:
Twenty‑four hours under Rule 71(a) and 12 hours under Ru1e 71(b).
Q‑44: If
an employe is on a reserve board and makes application for pool freight, is the
employe covered by the 30‑day and 7‑day provisions of Article III,
Section 9?
A‑44: No.
Article III, Section 9, refers to the recall of employee when vacancies go
"no‑bid." Employes who make application for an assignment are
making a voluntary exercise of seniority.
Q‑45: Is
an employe recalled (forced) from the reserve board to a class of service
required to remain in that class for 120 days?
A‑45: No,
unless the employe does not transfer at the first opportunity.
Q‑46: Is
an employs who makes application from the reserve board to a class of service
required to remain in that class for 120 days?
A‑46: Yes,
except as provided in Schedule Rules. (For example, Item 3(c) (Page 30) of the
yard schedule ~