1984 CREW CONSIST AGREEMENT

AGREEMENT
BETWEEN THE
UNION PACIFIC RAILROAD COMPANY
St. Joseph Terminal Railroad
AND THE
UNITED TRANSPORTATION UNION - (C) & (T)
(Eastern District and St. Joseph Terminal Railroad)
(Covering)
CREW CONSIST

THIS AGREEMENT IS IN FULL AND FINAL SETTLEMENT OF THE CARRIER'S NOTICES SERVED UNDER SECTION 6 OF THE RAILWAY LABOR ACT ON OR ABOUT JUNE 13, 1977, PERTAINING TO THE CONSIST OF CREWS IN TRAIN AND YARD SERVICE.

IT IS HEREBY AGREED:

THE CONSIST OF ALL ROAD FREIGHT AND YARD CREWS, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, SHALL BE N0t LESS THAN ONE CONDUCTOR (FOREMAN) AND TWO BRAKEMEN (HELPERS).

ARTICLE I - DEFINITIONS

Section 1. Standard Crew. A standard crew is a crew consisting of not less than one conductor/foreman and two brakemen/yard helpers.

Section 2. Reduced Crew. A reduced crew shall consist of one conductor/foreman and one brakeman/yard helper.

Section 3. Minimum Crew. A minimum crew shall consist of not less than one conductor/foreman and one brakeman/yard helper.

Q-l: Does the minimum crew consist in any way affect single assignment such as switchtenders, skatemen, herders, pilots, retarder operators, etc.
A-l: The minimum crew consist does not pertain to single assignments.
Q-2: Does this Agreement change in any manner agreement rules and practices pertaining to the filling of conductor/foremen vacancies?
A-2: No.

Section 4. Protected. For the purpose of this Agreement, protected employes are all employes on road freight train and/or yard service seniority rosters as of August 1, 1984, and any employe in a dismissed (discharged), terminated or suspended status as of August 1, 1984, who is subsequently returned to service with seniority rights unimpaired.

NOTE 1: Nothing in this Agreement shall be construed, interpreted or applied so as to change or modify the Crew Consist Agreement dated March 1, 1968, as this agreement relates to the protection of employes, reduction, and restoration of positions.
NOTE 2: When any of the crews involved in the above named 1968 Agreement are worked with a conductor/foreman and one brakeman/yard helper they will be paid the special allowance and the Productivity Fund will be credited.

Section 5. Non-Protected, A non-protected employe is a train/yard service employe hired after the effective date of this Agreement.

Section 6. Must-Fill. A must-fill position is a brakeman/yardman position contractually required to be filled by protected or non-protected brakeman/yard helper under schedule rules or agreements and may not be blanked.

Section 7. Blankable. A blankable position is a second brakeman/yard helper position on a standard crew which is filled by a protected employe and which, under certain specified conditions, can be operated as a "reduced crew" in the absence of a second brakeman/yard helper.

Section 8. Blanked. A blanked position is a second brakeman/yard helper position that is not occupied by any protected employe and a position that need not be filled by a non-protected employe.

Section 9. Pure Attrition. Pure attrition is the termination of an employe's employment relationship (seniority) by reasons such as death, retirement, resignation or acceptance of voluntary separation allowance.

Section 10. (a) Emergencies and Non-Emergencies.
The definition of "emergency" as set forth in Webster's New World Dictionary, Second College Edition, copyright 1974, is, as a general proposition, adopted: "Emergency - a sudden, generally unexpected occurrence or set of circumstances demanding immediate action."

(b) Without attempting to set forth all or the many circumstances and events that would and/or would not constitute emergencies under the foregoing or any other general definition, the following are some practical examples of each:

(1) EMERGENCIES

(i) A derailment or other accident necessitating immediate action to protect persons and/or property.
(ii) Immediate action to avert accidents and obviate personal injuries and/or property damage.
(iii) Fire, storm, flood and other circumstances beyond the control of the Carrier that necessitate immediate action to protect persons and/or property.
(iv) In road service, when a radio becomes inoperable after a train departs the initial terminal.
(v) When a radio becomes inoperable on a yard assignment but only for the length of time it takes to get an operable radio to the crew.

Q-l: What is understood to be a reasonable length of time it takes to get an operable radio to a yard crew?
A-l: As a general rule, one hour is considered a reasonable length of time. However, it is recognized there may be occasions in smaller terminals when a greater length of tine will be reasonable.

(2) NON-EMERGENCIES

(i) No operable radio available.
(ii) The need to perform work, minus a condition such as those mentioned in (1), above.
(iii) To clear a track for an inbound train, a transfer cut or other cut of cars.
(iv) To commence weighing cars.
(v) To start humping a train or cut of cars.

Section 11. Where reference is made in this agreement to Schedule Rules or existing Schedule Rules or Agreements, it is understood this would be Road and/or Yard Schedule Rules and Agreements in effect on this property.