1984 CREW CONSIST AGREEMENT

ARTICLE IX - PRODUCTIVITY FUND
Section 1. (a) Company Contribution. For each yard tour of duty or road freight service trip that a crew is operated with a conductor or foreman and one brakeman or yard helper, the Company will pay into the Employes' Produc- tivity Fund the sum of $48.25. This payment will be made on a pay period cash basis for the sole and exclusive benefit of the eligible protected road freight train and yard service employes and is to be considered as an account or trust of and for the protected employes as sharing in Productivity Savings. The $48.25 payment into the Employes' Productivity Fund is not subject to wage and cost-of-living allowance increases.

(b) Productivity Accounts. Separate employe Productivity Accounts shall be maintained for each defined district as determined by the General Committee of Adjustment and Director of Labor Relations. At the end of each year, each protected employe performing service in that particular district will share in the division of the Employes' Productivity Fund, according to the number of yard tours of duty or road freight trips worked in that district during that calendar year. For equity purposes, each paid vacation day, holiday, guarantee day under Rule 59 and personal leave days taken by an employe will be considered as a yard tour of duty or road freight train trip to be credited in computing the employe's share of the Productivity Fund.

(c) Limitation. The productivity sharing provided for above Is limited to the extent that the total amount of a protected employe's annual share of the Employes' Productivity Fund cannot exceed one-third (1/3) of said employe's total compensation for that calendar year. When a protected employe has shares in more than one Productivity Account, the amounts due from each account will be combined and the total amount paid cannot exceed one-third (1/3) of the employe's total compensation for that calendar year.  When computing one-third (1/3) of a protected employe's total compensation in any calendar year, payments or credits received from the Productivity Fund during such calendar year will not be included in the computation.

(d) Guarantees. Payment made to protected employes out of the Productivity Fund shall not be used in the computation or offset of any monetary guarantees. Vacation Pay. Payments made to protected employes out of the Productivity Fund shall not be included in the compensation used as a basis for determining vacation pay.

(e) Part-Time Employment. A part-time UTU officer or representative who is unable to work his assignment in road freight or yard service due to being engaged in official union business will receive credit for such days (of service) or tours of duty lost toward the number of days shared in the Fund. Verification for credits earned will be furnished by the United Transportation Union. A Carrier officer or Union officer/representative who works a part of the year in the craft of conductor, brakeman or yardman will receive credit for the number of trips or tours of duty toward the number of days shared in the Fund.

Section 2. Computation of Shares. The value of the employe's share in the division of the Productivity Fund, calculated according to the number of yard tours of duty or road freight trips worked at the end of each year, will be determined in accordance with the following example:
EXAMPLE:
Amount in Fund at the end of year......$2,820,408.00
Number of protected employes..................621
Total number of road freight
service trips and yard tours of
duty by protected employes only..........66,208
$2,820,408: 66,208 = $42.60
Each protected employe receives
$42.60 x the number of his trips
or tours of duty, e.g. 221 trips x 42.60=$9,414.60

One-Third Cap Limitation:
EXAMPLE:
A protected employe earns $27,000 for service performed. The employe's payment from the fund for the year could not exceed $9,000.00 (1/3 of $27,000.00).

Section 3. Productivity Fund Phase-Out. The Company's regular pay period cash deposits to the Employes' Productivity Fund may be discontinued after the actual dollar amount deposited is equal to not less than the full amount required to pay all protected employes a full one-third (1/3) of their annual compensation for the preced- ing calendar year, adjusted to include cost-of-living and general wage increases due in the current calendar year. If
the amount paid is not adequate to pay all monies due under this Agreement, the Company will make up the deficit.

Section 4. Productivity Fund Agreement. The necessary arrangements for the establishment and administration of the Employes' Productivity Fund in compliance with ERISA and other legal requirements will be finalized within one hundred twenty days from the effective date of this Agreement.

Q-l: Do the special allowance and the Employes' Productivity Fund payment apply to held time, runarounds, deadheads, call and release (no work performed), guarantees, holiday pay when service not performed on holiday, personal leave pay, vacation pay, penalty days paid due to violation of agreement rules, and the like?
A-l: As a general rule, no. These payments cover road service trips and yard tours of duty actually worked where the additional responsibility in working with a reduced crew is involved. However, Q-2/A-2 and 0-5/A-5 provide the exceptions.

Q-2: Will a deadhead trip by a reduced crew (one conductor and one brakeman) result in the Productivity Fund being credited?
A-2: Yes. However, the Special Allowance will not be paid.

Q-3: Will a relief deadhead trip made by an employe (single individual) be taken into account as a credit share in the Productivity Fund?
A-3: Yes.

Q-4: Will a compensable deadhead trip made by either a full or reduced crew be taken into account as a credit share in the Productivity Fund?
A-4: Yes.

Q-5: In reference to Article V, Section 2(e), and the conductor is left alone and deadheaded to his home terminal will the Productivity Fund be credited and allowed the special allowance and will this tour of duty be counted as a credit share in the Productivity Fund?
A-5: The Productivity Fund will be credited but the employe will not be allowed the special allowance. The employe will receive a credit share in the Productivity Fund.

Q-6: Do the number of days not worked while protecting the extra board go to the credit of the protected employe toward the number of tours of duty credited for the purpose of sharing in the Productivity Fund?
A-6: No, only actual service performed in freight or yard service is so credited.

Q-7: Will tours of duty in road or yard service on single position assignments such as pilots, skatemen, switch tenders and car retarder operators worked by protected employes be credited in computing their share of the Productivity Fund?
A-7: Yes, but the employes do not receive the special allowance nor will the Productivity Fund be credited.

Q-8: Under Article III, Sections l(a) and (b) of the June 25, 1964 National Agreement, Manning Self-Propelled Machines, do the reduced crew conditions apply?
A-8: No, but trainmen/yardmen working assignments covered by that Agreement will receive a credit share in the Productivity Fund.

Q-9: Does a reduced crew that is called on duty, performs service (work), and is subsequently released, qualify for the special allowance and will the Productivity Fund be credited?
A-9: Yes, if service (work) is actually performed by the reduced crew. The special allowance will be allowed and the Productivity Fund will be credited. If no service (work) is performed, the crew will not qualify for the special allowance nor will the Productivity Fund be credited even though the crew qualified for a payment under Schedule Rules. 

NOTE: The phrase "service (work)" shall mean, in accordance with the accepted meaning of that phrase on this property, the performance of actual work in connection with their train. Among the items not considered work are reporting for duty, registering, getting bills, getting train orders; etc.

Q-10: How many shares will be credited for each week of vacation taken by a protected employe in road freight or yard service?
A-10: Seven.

Q-11: In the event of the death of a protected employe who is entitled to payment from the Productivity Fund, will his part be paid to his estate or beneficiary?
A-11: Yes, when disbursements are made.

Q-12: Will the loss of earnings from the Carrier by a part-time Union Officer who is unable to work in road freight or yard service due to performing official union work be computed in arriving at the 1/3 cap as provided in Article IX?
A-12: Yes, and it shall be the Organization's responsibility to timely advise the Carrier in writing with the necessary information.

Q-13: Does the Productivity Fund apply only to a single yard tour of duty or a single (one-way) road freight service trip?
A-13: Yes.