QUESTIONS AND ANSWERS
to the
MODIFIED CREW CONSIST AGREEMENT
effective February 1, 1992
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-1: Do the provisions of Article I, Section 4 apply to pick-up and/or stouts made enroute which would result in exceeding the agreed-to work event limitations?
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 extra boards, will there be separate ready reserve boards for road and yard service?
A-2: 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-3 Yes.
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 ..." Was 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-5 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, Section 7(b) an employs is penalized more by laying off first out. Will the Carrier continue to deny layoffs until first out?
A-6; No, it is not the intent of the Agreement to deny layoffs until first out.
Q-7: At Denver some employee were on Reserve Boards in 1990 and 1991. Will their Reserve Board rates be 70% of their 1986 Reserve Board rate?
A-7: No. Denver trainmen with 1986 Reserve Board rates will receive the 1986 rate if higher than the 1990 or 1991 rate.
Q-8: When will the Reserve Board rates based on 1991 earnings become effective?
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 90 days and will establish the figure by 120 days.
Q-10: Article II, Section 6(a) provides for the creation o] combination extra boards on January 1, 1995. If the total 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-11: May an employs assigned to a reserve board bid a temporary assignment?
A-11: No.
Q- 12: When a ready reserve board employee is recalled for temporary relief, are they assigned to the extra board or can they bump to regular assignment?
A- 12: They are assigned to the extra board.
Q-13: When a ready reserve board employe is recalled for temporary relief , does that create a vacancy on the ready reserve board?
A13: No, ready reserve positions are only filled when a permanent vacancy occurs.
Q- 14: Will employee on reserve boards receive 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-15: Yes.
O- 16: Is time on reserve board counted as time worked towards the new hire rate progression?
A-16: Yes.
Q- 17: Can a brakeman used in pool freight service to the AFHT be used in any other service from the AFHT?
A- 17: Existing Agreement rules apply.
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-19: Article II, Section 7(c) Provides for reduction in extra 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 guarantee reduction?
A-19: 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 boards?
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/Yardman's date.
Q-21: Article III, Section 9(a) "note" refers to five days' pay, and two rest days for employee on the reserve board. When 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 covered 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 when recalled, when is the latest they can report?
A24: Forty-eight hours after their vacation ends.
Q-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 employe 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-27: 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.
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).
Q-31: Are yard and brakemen guaranteed extra boards considered regular assignments thus allowing employes to bid them even 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-36: Yes.
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 reserve 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 they have the seniority to hold a Reserve Board, will their turn(s) be reduced rather than the junior employe's turn?
A-49- Yes.
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