GENERAL CHAIRMAN
UTU(C&T
2933 WOODSIDE DRIVE F
TOP E K A K
C 6 6 6 1 4
Side Letter No. 1
Dear Sir:
This refers to our discussions concerning
Article III, Section 2 of the Modified Crew Consist Agreement effective February
1, 1992 amending the Crew Consist Agreement of June 29. 1984.
Section 2 refers to "Employees who are
in engine service" who return to train service and provides certain
benefits to those employee. A question has arisen as to which "engine
service" employee are being referred to.
Article XIII, Section 2, of the October 31,
1985 UTU National Agreement provides for the establishing of Brakeman's
seniority for engine service employee who did not hold it on November 1, 1985,
and those who entered engine service after that date who had not first
established seniority as a trainman. The Agreement states further:
"... such employe shall not, by such
placement, be given any "present or protected employe" rights under present
crew consist agreements or any
negotiated in the future
"
Based on this language it was agreed that
Article III, Section 2, of the February 1, 1992, Agreement referred to brakemen
who had crew consist rights prior to entering engine service or were post October
31, 1985, employee who were in train service prior to entering engine service
and would have been covered by this Agreement had they not done so. In any
event it does not refer to engine service employee who obtained train service
dates under Article XIII, Section 2, of the October 31, 1985 Agreement.
Yours truly,
AGREED: ~ 5
~ W. S.
HINCKLEY /
General Chairman. UTU‑
C&]
DIRECTOR ‑ LABOR R~T.A~ T
ON~
.
Dear Sir:
This is to confirm our discussions of the Agreement
effective February 1, 1992, amending the Crew Consist Agreement of June 29,
1984.
It was agreed that in the computation of
guarantee for reserve board and separation allowance payments, UTU union
officers will have union compensation added to their railroad earnings.
This refers to our discussions concerning
Article VII of the Modified Crew Consist agreement effective February 1, 1992,
amending the Crew Consist Agreement for June 29, 1984.
Article VII provides for offsets based on the
number of employee on Tier II Reserve Boards. Since the Tier II Reserve Boards
overlap the Productivity Fund accounts, the parties agreed as follows:
(1) The parties will review the percentage of
Tier I] Reserve Board employee that are placed on the Tier I] Reserve Board
from each fund area. This percentage will be used to determine the offsets for
each fund.
(2) Since the Denver and Oakley extra boards
currently do not protect second brakemen/switchmen positions, all reductions in
those boards due to implementation of this Agreement will be credited to the
Tier I Reserve Board.
( Zone 100 ~
Dear Sir:
During our negotiations of the Modified Crew Consist Agreement
effective February 1, 1992, the issue of whether there would be
an opportunity for employee to exercise so called "Sadie‑Hawkins"
rights
to and from the Reserve Boards was discussed. It was understood
that
such rights were intended and they would be implemented as
follows:
(1) For eligible employee there shall be two
"Sadie
Hawkins Weeks" per year. For the territory encompassinc
Zone 100 it will be ef fective February 15 and August 1~
of each year. Due to the implementation date of February 1,
1992 , the first Sadie Hawkins week in 1992 will be in
August. The "Sadie Hawkins Week" notice shall be
posted
approximately two weeks prior to the effective date and
employee will have one week within which to make applica
Lion. It shall operate only for employee wishing tc
exercise seniority to or from the Reserve Boards. Local
Chairmen will work with Carrier representatives in the
implementation of "Sa~ie nauA'~;n~ wand "
(2) This "Sadie Hawkins Week" is
for the purpose of
providing a means of moving to and from the Reserve Boards
and is not meant to conflict with nor supersede any other
provisions that provide for moving from one working positior
to anoth=r
(Zone 200,
Dear Sir:
During our negotiations of the Modified Crew Consist Agreement
effective February 1, 1992, the issue of whether there would be
an opportunity for employee to exercise so called "Sadie‑Hawkins"
rights
to and from the Reserve Boards was discussed. It was understood
that
such rights were intended and they would be implemented as
follows:
(1) For eligible employee there shall be two
"Sadie Hawkins Weeks" per year. For the territory encompassing
`3 Zone 200 it will be ef fective January
10 and Ju1y 10 of
each year. The "Sadie Hawkins Week" notice shall be
posted
approximately two weeks prior to the ef fective date and
employee will have one week within which to make applica
Lion .
( 2 ) In addition to providing a means of moving
to and from the Reserve Boards, it is the intent of this Side Letter to
incorporate Rule 93 into the Ju1y 10 Sadie Hawkins TAT e e to
Side Letter #5
Dear Sir:
This refers to the provisions of Article III Reserve
Boards that provide for the use of an employe's W‑2 earnings for the
year 1990 or 1991 in establishing the 70% or 85% rate to be used while ran the
annl i cab1 e reserve hoarc1s
A question has been raised as to whether the
use of W‑~ earnings properly reflects the proper rate for employee who
suffered on‑duty injuries and lost time during 1990 or 1991 as E result
of the on‑duty injury. In reviewing this matter it was agreed:
(1) Employes who
have lost time in 1990 or 1991 due to an on‑duty injury will have their
rate adjusted as
f o l l oT.7s ‑
(a) If the
employe had three or more months or non‑lost time service ir. either
year, then those months will be used to develop an average monthly rate that will
be used to determine the proper rate to be used for reserve board p~urnoses.
(b) If the
employe did not have three months of non‑lost time service in either
year, then the proper rate shall be determined by averaging the rates of the
two working employee immediately above and the two working employee immediately
below the employe injured on duuty.
March 9, 1992
Page Two
File: 380.10‑7
Side Letter #6
(2) It will be
the responsibility of the employe in~ured on duty to provide necessary
information concerninq lost time and non‑lost time months.
AGREED:
.
Side Letter #7. zone 2nn
Dear Sir:
This refers to the provisions of Article III Reserye
Boards that provide for the use of an employe's W‑2 earnings for the
year 1990 or 1991 in establishing the 70% or 85% rate to be used while on the
applicable reserve boards.
A question has been raised as to whether the
use of W‑2 earnings properly reflects the proper rate for employee who
suffered on‑duty injuries and lost time during 1990 or 1991 as a result
of the on‑duty injury. In reviewing this matter it was agreed:
(1) Employes
who have lost time in 1990 or 1991 due to an on‑duty injury will have
their rate adjusted as fo1 1 ows ‑
(a) If the
employe had three or more months of non‑lost tine seryice in etcher year,
then those months will be used to develop an ayerage monthly rate that will be
used to determine the proper rate to be used for reserve board purposes.
(b) If the
employe did not have three months of non‑lost time service in either
year, then the proper rate shall be determined by averaging the rates of the
two working employee immediately above and the two working employee immediately
below the employe injured on duty.
.
Mr. G. A. Eickmann
March 9, 1992
Page Two
File: 380.10‑7
Side Letter #7
(2) It will be
the responsibility of the employe injured on duty to provide necessary
information concerning lost time and non‑lost time months.
Side Letter No. 8
This refers to our discussions concerning the
procedures to be used when yardmen make app1 ication to other yards .
Under present schedule rules, the only time
that yardmen were allowed to bid to regular jobs in another yard was when
"closeo yards" existed on the Eastern District. Then, a bulletin was
issued division wide, advertising a permanent yard vacancy within the
"closed yard" under the provisions of yard Rule 12(K)(4)(A) ano were
only advertised to employee outside of the "closed yard.' Presently, there
are no "closed yards" left on the Eastern ni stri ct. .
Regular yardmen in "open yards" can
transfer to another yaro under the provisions of Yard Rule 12(K)(3) (A) only in
case of permanent vacancies or when additional permanent positions are added .
They cannot bans f er to an extra board except as provided by the April 28,
1987 Modification which allows a yardman who had been furloughed at his home
terminal and transferred to another yard to return to his home terminal to
either a regular position or the extra board i f he does so at the f irst
opportunity.
Extra yardmen can transfer to either a
regular position or the extra board under the provisions of Yard Rule
12(K)t3)(B); however, the rule requires that he obtain a release before ef
fecting the transfer. The rule does not specify a set time period imposed on
the Carrier to effect the release.
F\a s ed on ~ h e a bove
( 1 ) Under Rule 12 (K) ( 3)(A) , regular yard
employee at one location may make application for a permanent yard vacancy at
another location. I f their seniority permits them to hold such permanent
vacancy, they will be notified and released.
Mr. G. A. Eickmann
May 18, 1992
Page Two
File: 380.10‑7
Side Letter No. 8
(2) Under Yard Rule 12(K)(3)(B), extra
employee may make application to a regular position, a permanent vacancy or the
extra board at another location; however, before being allowed to transfer he
muu~:t obtain a releasc~
(A) A release will be provided when the
vacancy createo by the extra board employe is either filled by application, or
if no application is received, recall of an employe from the appropriate
reserve board and such recalled employe marks up.
(B) Should an extra board employe no longer
be able to hold an assignment at the location to which transferring prior to
being released, then the application covering his present assignment and any
recall will be cancelled.
(3) If the Tier I Reserve Board or the Ready
Reserve Board at the location where the employe is transferring from is
exhaustec and the employe is the junior employe who is forced back to the same
location under Article V of the 1991 Modified Crew Consist Agreement, the
employe will be notified and their application to transfer will be rejected.
Should the above properly reflect the proper
interpretation of the rules cited, please sign below and return one copy to
this
eF p; _~
Yours truly
May 29, 1992
380. 10‑7
cone 1 On
Dear Sir:
This refers to your letter dated April 22,
1992, requesting c modification of the 1991 Crew Consist Modification to permit
at employs recalled from a reserve board an exercise of seniority.
A review of other crew consist agreements reveals
that many of them have adopted language to permit an exercise of seniority.
Recognizing that the assignments that have gone no bid are usually the least
desirable as to location or hours worked, the other agreements have permitted
the exercise to limit movement after a recall has taken olace.
Therefore, the Carrier proposes as follows:
(1) Article V, Section 2 of the December 19,
1991, Modified Crew Consist Agreement shall have a new paragraph (f) added
which states ~
"Employee recalled in (a) through (c)
above shall be permitted to displace a junior employs in road or
yard service so long as the employs has not marked up on the assignment for
which recalled and the recall period or Article ITI Section 9 has not
lapsed."
Either party may cancel this side letter upon
10 days' written notice to the other party.
May 29, 1992
Dear Sir:
This refers to your letter dated April 22,
1992, requesting a modification of the 1991 Crew Consist Modification to permit
an employe recalled from a reserve board an exercise of seniority.
A reyiew of other crew consist agreements
reveals that many of them have adopted language to permit an exercise of
seniority. Recognizing that the assignments that have gone no bid are usually
the least desirable as to location or hours worked, the other agreements have
permitted the exercise to limit movement after a recall has taken place.
Therefore, the Carrier proposes as follows:
(1) Article V, Section 2 of the December 19,
1991, Modified Crew Consist Agreement shall have a new paragraph (f) added
whic}
s+ a~es .
"Employee recalled in (a) through (c)
above shall be permitted to displace a junior employe in road or yard service so
long as the employe has not marked up on the assignment for which recalled and
the recall period of Article III Section 9 has not lapsed."
Either party may cancel this side letter upon
10 days' written notice to the other party.