This agreement made and
entered into this 22nd day of May,
1972 by and between UNION PACIFIC RAILROAD COMPANY‑EASTERN DISTRICT
(hereinafter called "Company")and the UNITED TRANSPORTATION UNION
(C)(T) (hereinafter called "UTU")pursuant to Article XII,
Interdivisional Service" of the
National Agreement dated January 27, 1972.
It is mutually agreed by and between the parties hereto as
follows:
NOTE: For the purpose of
this agreement, Seniority Districts are identified by District Number as
follows:
DISTRICT
NUMBER TERRITORY
1 Omaha to Grand
Island and branches,
including Beatrice.
2 Grand Island to
North Platte and branches,
to but not including Hastings.
3 North Platte to
Sidney and North Platte
branch, including Yoder and South
Torrington.
4 Sidney to
Cheyenne and North Platte Cut
Off to Gering and South Torrington.
5 Cheyenne to
Laramie and branches.
6 Laramie to
Rawlins and branches,
7 Rawlins to Green
River and branches.
8 Green River to
Ogden and branches.
9 Kansas City to
Junction City and bran
to but not including Beatrice.
10 Junction City to
Ellis and branches to
Plainville.
11 St. Joseph to
Marysville and Marysville to
Grand Island and/or Hastings,
12 Ellis to
Cheyenne and/or Laramie via Denver
and branches including Julesburg and Plain-
ville branch from Oakley to Plainville.
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Section 1. In accordance
with Sections 1 and 2 of Article XII
of the National Agreement
dated January 27, 1972 and subject to the provisions of Section 2 of this Part
I, the Company may establish interdivisional service as set forth below:
(a) Grand Island, Nebraska
will be eliminated as an
away‑from‑home
terminal for First District employes
and as a home terminal for
Second District employes,
and employes on the First
and Second Seniority
Districts will operate between
Council Bluffs, Iowa
and North Platte,
Nebraska.
i.
These runs will be manned by First and Second
District
employes on the basis of the ratio of
miles
that the First and Second Seniority Districts,
respectively,
bear to the total miles of the run.
ii.
The home terminal for First District employes
assigned
to these runs will be Council Bluffs;
the
home terminal for Second District employes
will
be North Platte.
iii. Employes operating from
Council Bluffs to
North Platte will be allowed 278 road miles;
employes operating from North Platte to Council
Bluffs will be allowed 278 road miles.
(b) Hastings, Nebraska
will be eliminated as a terminal,
and employes on the Second
and Eleventh Seniority
Districts will operate
between Marysville, Kansas and
North Platte, Nebraska.
i.
These runs will be manned by Second and Eleventh
District employes on the
basis of the ratio of miles that the Second and Eleventh Districts,
respectively, bear to the total miles of the run.
ii. The home terminal for Second District employes assigned to these runs will be North Platte; the home terminal for Eleventh District employes will be Marysville.
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*For the purposes of this
agreement the phrase "Interdivisional Service" means
"Interdivisional, Interseniority District, Intradivisional and/or
Intraseniority District Service" (Freight or Passenger) as used in Article
XII of the National Agreement dated January 27, 1972,
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iii. Employes operating from Marysville to North
Platte
will be allowed 249 road miles; employes
operating
from North Platte to Marysville will be
allowed
248 road miles.
(c) Sidney, Nebraska will
be eliminated as an away‑from terminal, and employes on the Third and
Fourth Districts will operate between North Platte, Nebraska and, Cheyenne,
Wyoming.
i.
These runs will be manned by Third and Fourth
District
employes on the basis of the ratio of
miles
that the Third and Fourth Districts, respective-
ly,
bear to the total miles of the run,
ii. The home terminal for
Third District employes assigned to these runs will be North Platte; the home
terminal for Fourth District employes will be Cheyenne.
iii.
Employes operating from North Platte to
Cheyenne
will be allowed 222 road miles; employes
operating
from Cheyenne to North Platte will be
allowed
221 road miles
(d) Sterling, Colorado
will be eliminated as an away‑from‑ terminal, and employes on the
Third and Twelfth Districts will operate between North Platte, Nebraska and
Denver, Colorado.
i.
These runs will be manned by Third and Twelfth
District
employes on the basis of the ratio of
miles
that the Third and Twelfth Districts,
respectively,
bear to the total miles of the run,
ii. The home terminal for Third District employes assigned to these runs will be North Platte; the home terminal for Twelfth District employes will be Denver.
iii.
Employes operating from North Platte to Denver
will
be allowed 274 road miles; employes operating
from
Denver to North‑Platte will be allowed 273 road
miles.
(e)
Junction City, Kansas will be eliminated as an away
from‑home
terminal, and employes on the Ninth and
Tenth
Districts will operate between Kansas City and
Salina,
Kansas.
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i. These runs will be
manned by Ninth and Tenth District employes on the basis of the ratio of miles
that the Ninth and Tenth Districts respectively, bear to the total miles of the
run.
ii. The home terminal for
Ninth District employes assigned to these runs will be Kansas City; the home
terminal for Tenth District employes will be Salina.
ii. Employes operating
from Kansas City to Salina will be allowed 181 road miles Employes operating
from Salina to Kansas City will be allowed 181 road miles.
(f) Hugo, Colorado will be
eliminated as an away‑from‑home terminal, and employes on the
Twelfth Seniority District will operate between Sharon Springs and Denver,
Colorado.
i.
The home terminal for Twelfth District
employes
assigned
to these runs will be Denver.
ii. Employes operating
from Sharon Springs to Denver will be allowed 208 road miles; employes
operating from Denver to Sharon Springs will be allowed 209 road miles.
(g) Laramie, Wyoming will
be eliminated as a terminal, and
employes on the Firth and
Sixth Seniority Districts
will operate between
Cheyenne, Wyoming and Rawlins, Wyoming.
i.
These runs will be manned by Fifth and Sixth
District
employes on the basis of the ratio of miles
that
the Fifth and Sixth Districts, respectively, bear
to
the total miles of the run.
ii. The home terminal for
these runs will be Cheyenne, Wyoming.
iii.
Employes operating from Cheyenne to Rawlins
will
be allowed 170 road miles; employes operating
from
Rawlins to Cheyenne will be allowed 172 road
miles.
(h) Ellis, Kansas will be
eliminated as a home terminal, and employes on the Tenth and Twelfth Seniority
Districts will operate between Salina, Kansas and Sharon Springs Kansas.
i. These runs will be
manned by Tenth and Twelfth District employes on the basis of the ratio of
miles that the Tenth and Twelfth Districts, respectively, bear to the total
miles of the run.
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ii. The home terminal for
these runs will be Salina, Kansas.
iii. Employes operating from
Salina to Sharon Springs will be allowed 243 road miles; employes operating
from Sharon Springs to Salina will be allowed 242 road miles.
(i) Beatrice, Nebraska
will be eliminated as an away‑from‑ home terminal, and employes on
the First and Ninth Districts will operate between Marysville, Kansas, and
Council Bluffs, Iowa.
i. These runs will be
manned by First and Ninth District employes on the basis of the ratio of miles
that the First and Ninth Districts, respectively, bear to the total miles of the
run.
ii. The home terminal for
employes assigned to these runs will be Council Bluffs.
iii. Employes operating
from Marysville to Council Bluffs will be allowed 156 road miles; employes
operating from Council Bluffs to Marysville will be allowed 156 road miles. (j)
Between Denver, Colorado and Rawlins, Wyoming.
(j)
Between Denver, Colorado and Rawlins, Wyoming
i. These runs will be
manned by Fifth, Sixth and Twelfth District employes on the basis of the ratio
of miles that the Fifth, Sixth and Twelfth Districts, respectively, bear to the
total miles of the run.
ii.
The home terminal for these runs will be Denver.
iii. Employes operating
from Denver to Rawlins will be allowed 264 road miles; employes operating from
Rawlins to Denver will be allowed 265 road miles.
Section 2. (a)
Any of the runs set forth in Section 1, Part I above which do not operate
through a home terminal or home terminals of previously existing runs which are
to be extended may be placed in effect by the Company upon service on the UTU
of a 60‑ written notice.
(b)
Any of the runs set forth in Section 1, Part I
above which will operate
through a home terminal or home terminals of previously existing runs which are
to be extended may be placed in effect by the Company upon service on the UTU
of a 90‑ written notice.
Section 3.
The establishment of interdivisional service other than as specifically
provided for in . Section 1, Part I, shall be subject to the provisions of
Article XII of the National Agreement dated January 27, 1972.
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Section 1.
In interdivisional service all miles run over one hundred (100) shall be paid
for at the mileage rate established by the basic, rate of pay for the first one
hundred (100) miles or less.
Section 2. The Superintendent of the Company and Local
Chairmen
of the UTU will meet periodically for the purpose of
making
whatever adjustments are
necessary to maintain a proper
equalization of mileage
between the affected districts.
On and after the effective
date of written notice served pursuant to Section 2. Part I, of this agreement the
following rules changes will be effective only for employes actually engaged in
interdivisional service established pursuant to such written notice:
(a) Paragraph (a) of Rule
29 "Overtime" will be modified as follows:
"On interdivisional
runs of 200 miles or less, overtime will begin at the expiration of 8 hours; on
runs of over 200 miles overtime will begin when the time on duty exceeds the
miles run divided by 25, or in any case, when on duty in excess of 10 hours.
Overtime shall be paid for on the minute basis at a rate per hour of 3/16ths of
the daily rate.
"When overtime,
initial terminal delay and final terminal delay accrue on the same trip,
allowance will be the combined initial and final terminal, delay time, or
overtime, whichever is the greater."
Overtime paid employes in
interdivisional service under
this paragraph (a) will be
computed and paid for on the
speed basis of 12 1/2
miles per hour at the rate of time and
one‑half.
(b) The first paragraph of
Rule 74 "Held at Other Than Home Terminal", is modified to read:
Employes in
interdivisional service held at other than home terminal will be paid
continuous time for all time so held after the expiration of sixteen hours from
the time relieved from previous duty at a rate per hour of 1/8th of the daily
rate
paid
them for the last service performed."
PART
IV
Section 1. Employes on affected seniority districts may,
at the Company's option,
be given an opportunity to resign and
accept a retirement allowance.
The amount of the retirement
allowance will be based
upon the age of the employe as of
his nearest birthday on
the date such allowance is offered. The
amount of the allowance
will be:
Age at Nearest
Birthday Allowance
64
and under 12 months'
pay
65 10 “ “
66 8 “ “
67 6 “ “
68 and over 4 “ “
In determining retirement
allowances, the appropriate number of months' pay will correspond with the
earnings in the same number of months in which compensated service was
performed immediately preceding the last day of compensated service.
For the purpose of this
agreement, the ages and birth dates of
employes will be those
shown in the records of the Company.
Section 2. The
acceptance of the retirement allowance shall be
at the option of the
eligible employe to whom offered.
Acceptance shall be in writing, shall be irrevocable and shall be
received by the officer offering the allowance within fifteen (15) calendar
days of receipt of such offer.
Section 3.
An eligible employe who elects to accept and is awarded an allowance shall
thereupon terminate his employment relationship with the Carrier, and the
effective date of such termination shall be that date so specified by the
Company and such date shall be within thirty (30) days of the date of the offer
unless otherwise agreed by the parties hereto. A minimum of fifteen (15)
calendar days' advance notice of the date of termination of employment shall be
given the employe offered a retirement allowance.
Section 4.
The allowance provided in this Part IV shall be paid
within sixty (60) calendar
days of the date of the termination of
employment relationship of
the eligible employe except at the
option of the eligible
employe the allowance may be paid in
two (2) or three (3)
annual installments on the anniversary date
of termination.
Section 5. The
retirement allowance herein provided for will be in addition to any vacation
allowance to which an employe accepting such retirement allowance is entitled
as of the date of his retirement.
Section 1. Each
employe adversely affected by the application of this agreement will be covered
by, and be subject to, the provisions of Article XIII "Protection of
Employes" of the National Agreement dated January 27, 1972 except that an
employe, who is required to change his place of residence because of the
implementation of this agreement and who qualifies for the benefits provided in
Section 9 of said Article XIII, shall be allowed a total lump sum of $1,000,00
in lieu of both the maximum of five (5) working days and the $400.00 transfer
allowance provided for in said Section 9 of Article XIII. Other than as
specifically provided herein benefits available under said Article XIII are not
altered by this Section 1.
Section 2.
Each employe, who is required to change his place of residence because of the
implementation of this agreement and who qualifies for the $1,000.00 lump sum payment
provided for in Section 1 of this Part V, and who is also a "Home
Owner" as defined herein shall also be allowed:
(a) $1,000.00 or
(b) The difference, per
square foot, between the "cost of new construction" at the home
terminal from which removed and the "cost of new construction" at the
new home terminal, provided the latter is greater, times the total square
footage of the employe's home from which removed.
i. The "cost of new
construction" shall be determined as of the date of the written notice
referred to in Section 2, Part I, of this agreement and shall be based on the
average construction cost of new, single family, residential dwellings at the
point in question.
ii. Should a controversy arise with respect to the "cost of new construction" or any question in connection with this matter, it shall be decided through joint conference between the General Chairman of the UTU and The Director of Labor Relations of the Company, and, in the event they are unable to agree, the dispute may be referred by either party to a board of three real estate appraisers, each of whom is a Member of the American Institute of Real Estate Appraisers, selected in the following manner: One to be selected by the representatives of the Employes and the Company, respectively; these two shall endeavor by agreement within ten (10) days after their appointment to select the third appraiser; or to select some person authorized to name the third appraiser, and in the event of failure to agree then the president of the local board or association of realtors shall be requested to appoint the third appraiser, A decision of a majority of the appraisers shall be required and said decision shall be final and conclusive. The salary and expenses of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the salary of the appraiser selected by such party.
NOTE: "Home
owner" as used herein means an employe who, on the date of the written
notice referred to in Section 2, Part I of this agreement own.‑, his own
home or who is purchasing his own home under a land contract and who, as a
result of the application of this agreement, is required to change his place of
residence within the meaning of Section 9 of Article XIII of the National
Agreement dated January 27, 1972.
Section 3.
(a) Any employe whose home
terminal is changed as a result of the application of this agreement, but who
does not immediately‑change his place of residence, will be allowed 10~
per mile driving allowance to and from his new home terminal until he changes
his place of residence, but in no event will he be entitled to receive such
driving allowance for a period of more than 60 days from the effective date of
the written notice referred to in Section 2, Part I of this agreement
(b) Any employe whose home
terminal is moved a distance of less than 60 miles as a result of this
agreement must, within the 60 day period referred to in paragraph (a) above,
elect in writing and file such election with the Superintendent of the Company
and Local Chairman of the UTU whether he
will change or not change
his place of residence to his new home terminal. In the event any such employe
elects not to change his place of residence or fails to make an election within
the 60 day period referred to above he will thenceforth be allowed a $5.00
driving allowance for each round trip to and from his new home terminal, which
driving allowance shall be in lieu of any and all other benefits to which he
otherwise may have been entitled under Section 9 of Article XIII of the
National Agreement dated January 27, 1972.
Section 4.
After establishment of interdivisional service on any of the territories listed
in Section 1, Part I, of this agreement, the protected period for displaced
employes will commence on the effective date of the written notice referred to
in Section 2, Part I, of this agreement, and the Company will, on request of any
such displaced employe or his representative, furnish within a reasonable time
figures representing his "average monthly compensation" and
"average monthly time paid for" as those terms are used in Section
3(b) of Article XIII of the National Agreement dated January 27, 1972.
Section 1.
Employes in interdivisional service will be allowed a $2.00 meal allowance
after 4 hours at the away‑from‑home terminal and another $2.00
allowance after being held an additional 8 hours.
Section 2.
In order to expedite the movement of interdivisional runs, crews on runs of 100
miles or less ‑m7ill not stop to eat except in cases of emergency or
unusual delays‑ For crews on runs of more than 100 miles, the Company
shall determine the conditions under which such crews may stop to eat. When
crews on runs of more than 100 miles are not permitted to stop to eat, members
of such crews shall be paid an allowance of $1.50 for the trip.,
Section 3.
Suitable lodgings will be provided for employes in interdivisional service in
accordance with the provision of Article II of the June 25, 1964 Agreement
which lodgings will be equivalent to the existing lodging facilities now
provided, Also, suitable transportation to and from lodging point will be provided
for employes in interdivisional service where the designated lodging facility
is not within one mile of the register point.
NOTE: Suitable
transportation includes carrier owned or provided passenger carrier motor
vehicles or taxi, but excludes other forms of public transportation,
At North Platte, while the
existing lack of public transportation persists, the Company will there provide
shuttle service at regular intervals for employes engaged in interdivisional
service between the register point and the designated lodging facility. In the
event public transportation becomes available at North Platte the provisions of
the first paragraph of this Section 3 will apply.
Section 4. When
an employe engaged in interdivisional service 1.9 required tO deadhead to his
far terminal. to attend a disciplinary hearing as provided for by Section 5,
Part VIII of this agreement such employe may use the designated lodging
facility while required to remain at the far terminal incident to attending
such investigation.
PART
VII
Section 1.
Irregular and unassigned non‑interdivisional service, including dog‑catching,
shall be protected and manned by extra employes from the seniority district
over which such service operates.
Section 2. Vacancies
in interdivisional service occurring at the far terminal of the turn will be
protected and manned by extra employes from the home terminal of the turn, If
such extra employes cannot be made available at calling time of such turn at
the far terminal the vacancy will be protected and manned in accordance with
the provisions of the supplemental agreement dated October 7, 1970 entitled
"Brakemen Used Off Assignment" and in that event, the extra employe
called from the home terminal will protect the resulting vacancies for which
such extra employes are available at the far terminal.
Section 3.
Dog‑catching in interdivisional service in territories
‑having two home
terminals shall be protected and manned by extra employes from the seniority
district over which such service operates.
Section 1.
When an employe engaged in interdivisional service is required to report for
duty or is relieved from duty at a point other than the on and off duty points
fixed for the service established hereunder, the Company shall authorize and
provide suitable transportation for the employe,
Section 2.
An employe returning to active service as a conductor or brakeman from leave of
absence, discipline, promotion to an official position with the Company or full
time assignment as a representative of the UTU will be given the options and
resulting benefits provided for in this agreement to the extent he qualifies
therefor, with time limitations contained herein running from the date of his
return to active service,
Section 3.
Non‑interdivisional service will continue to be manned by employes from
the seniority district over which such non-interdivisional service operates.
Section 4.
Employes called for interdivisional service and not used shall be allowed 50
miles and stand first out; and if held on duty to exceed four hours, such
employe shall be allowed 100 miles and stand first out and shall be restored to
his same relative position on the pool board at first opportunity.
Section 5. Disciplinary
hearings involving an employe who is engaged in interdivisional service will be
held at the employe's home terminal, except when the majority of the crew lives
elsewhere. If attendance at an investigation requires an employe to travel over
any portion of the interdivisional territory, he will be allowed deadhead miles
over that portion of the territory where he holds no primary rights.
EXAMPLE ‑ A Fourth
District employe is required to travel from Cheyenne to North Platte for an
investigation. He will be allowed deadhead miles from Sidney to North Platte to
Sidney.
Section 6. Except in case
of wrecks, floods, washouts and storms, employes manning interdivisional
service will not be tied up enroute under the Hours of Service Act and held at
such intermediate point and then required to resume their trip after obtaining
legal rest. In the event of non‑compliance with this Section 6 the held
employe will be allowed a penalty payment of 100 miles and will be restored at
the first opportunity to his same relative position on the board.
Section 7.
An employe in interdivisional service having time to work under the Hours of
Service Act will not be required to exchange trains with an employe who is on
short time under the Hours of Service Act., In the event of non‑compliance
with this Section 7 the employes who are required to exchange trains will be
allowed a penalty payment of 100 miles and will be restored at the first
opportunity to their same relative position on the board.
Section 8.
It is understood that the road mileage figures set forth in Part I, Section 1,
of this agreement are intended to represent the actual distances between the
designated departure point at the initial terminal of the run and the
designated arrival point at the final terminal of the run. if such mileage
figures are proved to be other than as listed, such figures will be adjusted
accordingly.
Section 1. Notices
referred to in Section 2, Part I of this agreement may be served by the Company
on or after 12:01 AM, May 22, 1972.
Section 2.
When a notice is served pursuant to Section 2, Part I of this agreement
establishing interdivisional service on a district or territory having two home
terminals, the parties will meet within 7 days of the date of service of such
notice attempt, to agree upon how employes from the interdivisional pools at
each of these home terminals will be used for such interdivisional service.
Unless otherwise agreed to by the effective date of the interdivisional service
as specified
in the
notice, the following procedures will apply.
(a) A separate
interdivisional pool will be established and maintained at each home terminal.
(b) Employs will be called
from such interdivisional pools on a first in, first out basis, alternating as
between such interdivisional pools so far as practical, with any imbalance in
mileage as between such interdivisional pools to be adjusted in accordance with
paragraph (c) of this section.
(c) At the end of each 30
day period the mileage of the respective interdivisional pools will be adjusted
pursuant to the ratios prescribed in Section 1, Part I of this agreement.
Section 3.
Subject to the provisions of section 4 of this Part I) when a notice is served
pursuant to Section 2, Part I of this agreement establishing interdivisional
service on a district or territory having only one home terminal, a single
inter- pool will be established and maintained at the home terminal and
employes will operate in interdivisional service on a first-in, first-out basis
from that interdivisional pool.
Section 4.
Nothing in this agreement shall be construed as modifying or amending any of
the "Blue Print Board" agreements in effect between the Company and
the UTU.
NO
DUPLICATION OF BENEFITS
The receipt of benefits by
an employe under Parts IV and V of this agreement shall constitute a waiver of
any right of such employe to claim or receive the same or any similar benefits
under any other agreement to which the Union Pacific is a party.
EFFECT
ON AGREEMENT RULES
Nothing herein contained
shall be construed as modifying or amending any of the provisions of the
Schedule Agreement between the Company and the UTU, except as herein provided.
This agreement shall, become effective May 22, 1972 and will remain in full force and effect until changed in accordance with the provisions of the Railway Labor Act, as amended.
Dated
at Omaha, Nebraska this 22nd day of May, 1972.
UNITED TRANSPORTATION
UNION (C) UNION PACIFIC RAILROAD COMPANY
V. K. Tatum J. H. Kenny
General Chairman Director of Labor
Relations
UNITED TRANSPORTATION
UNION (T)
J. R. Dennis