Contract and Pay Information
Benefits and Healthcare
Governmental Matters

Compiled by

John G. Schmechel
Lodge Secretary



I.B.E.W HALL, 810 Fremont Av
(enter through east door)

2nd TUE at 7:00 PM
4th TUE at 1:00 PM

This publication courtesy of
John J. Rossi, UTU Designated Legal Counsel
David B. Kiker (Retired), UTU Designated Legal Counsel
And the Law Firm of

Rossi, Cox, Kiker & Inderwish


On the web at http://www.rcki.com

Disclaimer: This document does not purport to fulfill the carrier’s responsibility to furnish employees with copies or allow inspection of the Collective Bargaining Agreement (CBA) as required by the Labor-Management Reporting and Disclosure Act (LMRDA)



Short turnaround
Zone rule
Helper Service
Separate and Apart
Deadhead Combined with Service
DOGCATCHING AT RAWLINS (return to Rawlins)
SEEKING ANOTHER ASSIGNMENT (Applications and Bulletins)


The 2002 National Contract between the UTU and the nation’s carriers, including Union Pacific, devised a pay simplification system, which is known as "TRIP RATES." These trip rates are being implemented on various runs, which are manned by UTU members, including those of us in Local 446. Some have been implemented already, while others will be implemented before the March 1, 2005 deadline.

These trip rates are simply an average of what each run paid, on a per trip basis, to protected employees during a test period of one year. The trip rates were derived using items referred to as "National Pay Elements" which were included in the calculations. Pre-85 employees benefit from trip rates by having the deadheads paid the same as working trips. While any particular trip could possibly have been paid better under the old system, when one considers the additional pay received from deadheading, this more than offsets over a period of time the so-called loss when compared the old system of pay. Post-85 employees benefit from trip rates in that the items previously not payable to them are now included in the averaged amount so that the post-85 employees are paid essentially the same as pre-85 employees. (There are but three exceptions, overtime commencement, the short crew allowance and the service scale, or entry percentage level).

For the most part, trip rates are being implemented for the jobs that have a regular basis to them, such as the interdivisional pool freight runs to North Platte, Rawlins, Green River and South Morrill. However there are still plenty of jobs utilized by the carrier that an average simply would not be a fair method of compensation. An example is the Laramie Turnaround, taking cars to some outlying point for storage, work trains, zone and non-zone dogcatch, etc.

After March 1, 2005, post-85 employees manning these irregular assignments will be able to be paid the same as a pre-85 employee. And for that reason, the material in the July 2001 edition of the Local 446 Handbook is reprinted in the following pages (and updated as necessary) so that the new generation of railroad employees is kept abreast of how to make claims for what they do.

Please keep in mind that the implementation process for trip rates is not without some speed bumps along the way. Your union, the UTU, and your employer, UPRR, have some differing opinions as to how some portions of the 2002 National Agreement are to be properly applied. You may rest assured that the UTU is doing its level best to get the issues resolved in our favor. Many of the unresolved issues have to be arbitrated by neutral parties; this takes time. UPRR has committed to the General Chairman that any issue rendered in our favor will be paid as back pay.

Computing the pay for the elements that go into the various trip rates has been a process undertaken by our general committee, which will continue for some time. The amount of pay you see on your recap is a negotiated amount, which will not be re-printed here.


One must remember that road employees are paid for all non-trip rate runs both by the mile and by time. It is important to keep mileage payments separate from time payments. There is an old adage, "miles are miles and time is time". The advent of electronic trip reports maintains this separation. Only actual run should be shown in the "miles run field" (last item on the second screen of the tie-up process). Penalties expressed as miles can also be shown as miles, but they should be claimed only in the remarks section if not provided a special place on the electronic timeslip. Time payments should be shown in the appropriate fields or in the remarks section. Penalties that are expressed as time in the agreements should be claimed as time in the remarks section. Do NOT convert time payments to miles when making claims on electronic timeslips!






The miles of a run are previously agreed to in your Schedule Agreement. The minimum is 130 miles for a run. For those 130 miles (called a Basic Day), you are paid the Basic Rate for the particular car bracket. Any miles run in excess of 130 (referred to as "overmiles") are paid at the lower Mileage Rate. However, there are two mileage rates. These mileage rates are identified in this booklet as Mileage Rate (ID) (which is being phased out with the implementation of trip rates) and Mileage Rate (Non-ID). "ID" stands for "interdivisional". The Arbitrary Rate (sometimes called frozen rate or preserved rate) is the rate that was in effect 10-31-85 and is currently used to pay terminal delay and arbitrary payments. Be advised that even though one might be working an inter-divisional assignment, anything that deviates from the norm causes the time-keeper to revert to the Mileage Rate (Non-ID) and you will be cheated. WATCH YOUR PAY TO INSURE PAYMENT AT THE CORRECT RATE!

There are certain classes of service where the minimum miles of a run is 100 miles instead of 130 miles. These classes of service are work train, zone local (not to be confused with zone rule), and assigned local. In these classes, miles run in excess of 100 are considered "overmiles". 100 miles in these classes of service pays more money than 130 miles at freight rate.

The only interdivisional runs manned by Local 446 members are Cheyenne to North Platte, South Morrill to North Platte, Cheyenne to Rawlins, and Cheyenne to Green River. Additionally the runs Cheyenne to Hanna for coal service and Denver to Rawlins are considered "ID" even though no crews are presently assigned (but made-up crews are entitled to ID benefits when used accordingly). Return trips of these runs are also ID runs. All other runs are considered "Non-ID". The miles set forth on these runs are previously agreed to by negotiation and are less than what is shown in the UPRR timetable.

As to the pay received for a 100-mile run v. a 130-mile run, one needs to refer to the pay rates in this publication associated with the various classes of service. One can observe that a 10-car work train running 100 miles earns $154.10, while a 10 car freight train running 130 miles makes $149.34. If the work train ran 130 miles, one would multiply the 30 overmiles by the mileage rate (Non ID) of $1.1399 and add $34.20 to the $154.10 for a total of $188.30. However if overtime becomes a factor, the 130 mile freight run starts earning overtime after 8 hours on duty while the 130 mile work train will not start earning overtime until 10'24" on duty. That means the 130 mile freight run could earn $67.20 in overtime while the work train is experiencing the "runoff" between 8'00" and 10'24" on duty. Each class of service has its advantages and disadvantages. In this example, the work train would be better off to not show having run the 30 overmiles, but the UTU does not recommend falsification of timeslips by distorting or concealing the true facts. Runoff is a mathematical application to determine when overtime commences. It is the miles in a basic day divided by 8 hours; 12.5 MPH for the 100 mile basic day or 16.25 MPH for the 130 mile basic day. The total miles run is then divided by the appropriate runoff. (See OVERTIME on page 17)

Miles doubled (or even tripled) are usually added to the miles run. (Also known as "lapback"). This would be applicable to runs with trip rates, also, but you would have to explain your claim via =PE. An example of doubling (or tripling) would be too much tonnage to get to the top of a hill, so you cut the train in 2 or 3 pieces. A side trip on a branch line to pick up or set out would be a double, as would backing up to set out a bad order. Leaving one’s train at Laramie, running light to Granite to make a pickup and returning to the train would also be a double. An exception to this is found on page 20 under the Guthrie Award, which is a time payment.

To compute pay on a 255 mile freight run 115 cars (Non-ID) for a conductor:

130 miles (Basic Day) $150.39 Overtime starts: 255 divide by 16.25 MPH

+125 overmiles @ $1.1294 $141.18 = 15.69 hours = 15'42"

255 total miles = $291.57 (all time on duty in excess of 15'42" would be

paid at overtime rate unless ITD + FTD is



Time payments are calculated by taking a daily rate, such as the Basic Rate, dividing it by 480 (the number of minutes in 8 hours) to establish a minute rate, and then multiplying by the appropriate number of minutes. For example, 1'55" (115 minutes) HAHT at the 1-80 car bracket for a conductor is simply, $149.34; divide by 480 to get $.31113, which is multiplied by 115 to get $35.78. 1'55" overtime would be the same calculation but would be further multiplied by 1.5 to get $53.67.








The various classes of road service are freight (also known as through freight), converted local (both can be either interdivisional or non-interdivisional), assigned local, zone local, and work train. The similarities and differences are explained thusly:









(Rule 50 UTU Schedule)




Effective 7-1-2003 thru 11-30-2004






Number of


Basic Daily Rate



Basic Daily Rate




Per Day (100 Mi)

Rate Per


Per Day (100 Mi)

Rate Per




Per Min




Per Min















































































































































All Rates Shown at 100%








Regularly assigned crew of conductor and brakeman (standard crew) with starting time (cannot be a conductor-only operation!)

No penalty payment if started late

Automatic release rule applies; new day for second departure (and third, etc.)

100 mile basic day

Overtime paid after 12.5 MPH runoff if run in excess of 100 miles, otherwise after 8 hours

New day penalty payment if run beyond the bulletined limits

Actual miles run will be paid for

Side trips within limits not included in bulletin miles

Lap backs

May be a turnaround job (i.e., Sidney Local) or may have layover point

100 miles payable for service performed in advance of bulletined starting time (arbitrary rate); new day commences at bulletined starting time

Initial and final delay applicable unless actual miles run is less than 100, then ITD / FTD (at 12.5 MPH) plus actual miles run with minimum allowance of 100 miles (applies to post-85 after 3/1/05)

No holiday pay; regularly assigned crew entitled to personal leave

If job laid in, crew paid basic day if crewman works shift before and shift after the lay-in day (lay-in day can be a holiday)

If assigned to a run of over 100 miles, but cover only a portion thereof, will be guaranteed minimum payment of not less than the equivalent mileage of the regular run (per Rule 59(c))

Tie-up only at the starting terminal (and away terminal if applicable) (Cheyenne is not a terminal for the Sidney Local)

(Rule 50 UTU Schedule)

Not applicable to trip rate jobs; possibly applicable to irregular jobs

Identical to through freight except paid at local rate if at least one of the following is met:

1) A work event performed at three (3) intermediate stations between terminals

2) Spotting a car for loading, unloading or repair (have Dispatcher document it, or better yet, do the delay report "DR" and document it yourself) (UPRR disputes this item based on language in PEB 219)

3) Doing station switching (moving cars from one track to another which are not to have been moved to another station by your train) or (blocking own train per instructions)

This item 3) prohibited in conductor-only operations

Cars set back to original track(s) in order to pick up or set out is not station switching, but would be prohibited under conductor-only operations (see "A WORK EVENT IS: - 1st item" on page 13)

130 mile basic day

Conversion to local rate not applicable at initial or final terminal


(Rule 58 UTU Schedule)




Effective 7-1-2003 thru 11-30-2004






Number of


Basic Daily Rate



Basic Daily Rate




Per Day (100 Mi)

Rate Per


Per Day (100 Mi)

Rate Per




Per Min




Per Min





































All Rates Shown at 100%











Effective 7-1-2003 thru 11-30-2004






Number of


Basic Daily Rate



Basic Daily Rate




Per Day (100 Mi)

Rate Per


Per Day (100 Mi)

Rate Per




Per Min




Per Min






































All Rates Shown at 100%








Regularly assigned crew of conductor and brakeman (standard crew) with starting time (cannot be a conductor-only operation!)

Pay (at arbitrary rate until actually on duty) commences at bulletined starting time unless notified of late start before close of previous shift, then pay can only be set back to call time (up to 2 hours maximum); if call time more than 2 hours late, then pay commences at the bulletined starting time regardless

100 mile basic day

If run more than 100 miles, overmiles to be paid at mileage rate

No automatic release rule - can make additional departures within first 8 hours without additional pay or fund plug

Each departure after 8'00" on duty paid as new day - measured from switching limits (but no new fund plug)

Overtime after 8'00" on duty until tie-up or departure regardless of miles run within zone (which can exceed 100 miles, unlike Rule 31 jobs)

100 miles payable for service performed in advance of bulletined starting time (arbitrary rate); new day commences at bulletined starting time with overtime 8 hours thereafter

No initial or final terminal delay or car bracket payments

Earns holiday pay if regularly assigned crewman works the shift before and after the holiday (and all time at overtime rate in addition to holiday pay if works on the holiday); no personal leave for regularly assigned crew members

If job laid in other than holiday, crew paid basic day if crewman works shift before and shift after the lay-in day

5 Day Zone Local earns higher rate than 6 or 7 Day Zone Local

Tie-up only at the terminal

A minimum of 8 hours additional payment if run beyond 50 mile limit of zone without affecting overtime

Confined to run within 50 miles of terminal switching limits; limits for UTU Local 446:

Cheyenne (east) is MP 457.27 on Sidney Sub or MP 224.06 on Yoder Sub

Cheyenne (west) is MP 561.81 or MP B561.81 via Wycon

Cheyenne (west) is MP 552.28 or MP B552.28 via Harriman

Cheyenne (west) is MP 557.74 or MP B557.74 via Speer-Borie

Laramie (east) is MP 514.82 via Forelle and Wycon

Laramie (east) is MP C524.35 via Forelle and Harriman

Laramie (east) is MP C518.89 via Forelle, Borie and Speer

Laramie (east) is MP 513.59 via Red Buttes and Wycon

Laramie (east) is MP C523.12 via Red Buttes and Harriman

Laramie (east) is MP C517.66 via Red Buttes, Borie and Speer

Laramie (west) is MP 620.43

Rawlins (east) is MP 626.50

Made-up crew (wild crew) cannot work under Rule 58 per PLB 5680 Awd 2; even if notified by CMS of same; would start a new day for any subsequent departure from terminal regardless of before or after 8’00"

(Rule 62 UTU Schedule)




Effective 7-1-2003 thru 11-30-2004






Number of


Basic Daily Rate



Basic Daily Rate




Per Day (100 Mi)

Rate Per


Per Day (100 Mi)

Rate Per




Per Min




Per Min

























































































All Rates Shown at 100%











Whether assigned or un-assigned, must have conductor and one brakeman (standard crew) (cannot be a conductor-only operation!)

Includes derrick / wrecker trains not going terminal to terminal

If assigned, pay (at the arbitrary rate) commences at bulletined starting time or when crew rested (if later), and basic rate commences at actual call time.

No automatic release rule; can depart terminal at any time (regardless of 8'00" rule)

100 mile basic day

Overtime paid after 12.5 MPH runoff on runs over 100 miles; otherwise after 8'00" on duty

Initial and final delay applicable unless actual miles run is less than 100, then ITD / FTD (at 12.5 MPH) plus actual miles run with minimum allowance of 100 miles (applies to post-85 after 3/1/05)

Can be tied up away from the terminal provided there is food and lodging available

New day penalty (at arbitrary rate) if called in advance of bulletined starting time (not applicable to un-assigned)

Basic day penalty if required to handle revenue cars (1984 Crew Consist Agreement Article IV Section 3)

Unassigned crew t/u at Cheyenne not required to protect succeeding days

(Item 68 Yellow Pages UTU Schedule)

See page 20 for conversion to Guthrie Service






Effective 7-1-2003 thru 11-30-2004








Number of


Basic Daily Rate



Basic Daily Rate




Per Day (130 Mi)

Rate Per


Per Day (130 Mi)

Rate Per




Per Min




Per Min















































































































































All Rates Shown at 100%








Includes all other road service not mentioned above, such as helper service, dogcatch (hours-of-service relief, HG-Relief), short turnaround, zone rule and passenger.

Short turnaround service requires a crew to have a brakeman (standard crew)

Passenger service does not require a brakeman if it is part of "through pool freight" service; if it is short turnaround, then a brakeman is required

"Through pool freight" is service to North Platte, Rawlins or Green River manned by existing pools, IT04 (RT04 + RT03), RT05, RT44 or IT57 (RT56 + RT77)

Wild (made up) crews inserted on the RT05 board not going all the way to destination would not be considered "through pool freight" service (cannot be a conductor-only operation!)

Basic day is 130 miles; overtime runoff is 16.25 MPH. Not applicable to trip rate jobs. (see page 17)

Zone rule
; must be told when called that job is zone rule (Rule 31 UTU Schedule); if not so notified at calling time, zone rule not applicable at any time during tour(s) of duty (no conversion by either party)

If told that you are being called for "multiple Hours of Service relief" or "multiple dogcatching" you should specifically ask if you are being called under the zone rule (Rule 31); if not, you are entitled to a basic day for each trip out of the terminal, as zone rule does not apply

Zone extends 25 miles from switching limits; west limit is MP 536.81 and MP C536.81 (MP 532.74 if via Borie Cutoff); east limit is MP 482.27. (Note: a trip via the Borie Cutoff would add 4 miles to a 1-way trip, which would add to the miles run inside the zone)

Crew may run 100 miles entirely within the limits of the zone

Crew may make multiple departures from the terminal within the first 8 hours on duty

To "break the zone" is to:

1) Run in excess of 100 miles entirely within the limits, or

2) Depart Cheyenne after having been on duty at least 8 hours, or

3) Go beyond the milepost limits stated above. One must note the time of departure and time of re-entry of the zone limits in the "Remarks" section (or =PE) in this situation; the superintendent has issued instructions to correlate breaking the zone with the train dispatcher

If zone is broken by items 1) or 2) above, an additional basic day (at Basic Rate) is paid for next trip out, minimum allowance of a basic day unless actual miles run (Basic Rate plus mileage rate for miles in excess of 100) is greater

If a crew goes beyond the limits per item 3) above, a basic day (at Basic Rate) is allowed for service inside the zone (maximum 100 miles run), plus a minimum of a basic day (at Basic Rate) for all service outside the zone per PLB 5680 Awd 9 (miles run outside the zone exceeding 130 would be paid at mileage rate)

When explanation given on =PE screen, show all miles run inside and all miles run outside the zone separately plus the times going outside and returning to the zone

Might need dispatcher / corridor manager authorization to break zone (refer to Superintendent notice book for specific instructions)

This zone rule (25 mile zone) is not to be confused with the zone local (50 mile zone)

There is a fifteen (15) mile zone from the switching limits that Yard crews may travel in order to dogcatch and/or handle disabled road trains; such yard crews are paid actual time outside of the switching limits with a minimum allowance of one (1) hour (per Article XI Section 2 of August 25, 1978 National Agreement)

ID crews at Rawlins cannot be called under "zone rule" to dogcatch, as Item O in green pages of Schedule restricts crew to only one trip out if other crews are available; payment is one trip rate on that one trip; however if told "zone rule" one would be entitled to a trip rate for each trip out (and runarounds for the subsequent crews who should have been so used)

(Hours of Service Relief, HG-Relief) is tricky; if a crew takes a lite engine to effect a dogcatch, then the dogcatch becomes short turnaround, requiring a brakeman (standard crew); can be called under zone rules if UPRR desires, otherwise automatic release rule applies for subsequent trip(s) out of Cheyenne (i.e., new day payable); may be required to make an additional trip even if not called under the zone, but if required, new day payable accordingly plus first out extra man has runaround claim; let Local Chairman know!

Helper Service
can be conductor-only; if called under zone rule, then rules applicable to the zone-rule apply; if not called under zone, then actual miles with minimum allowance of basic day for each trip out of terminal. If helper operation is conductor-only, not permitted to pick up any cars to handle as a traditional train; refusal to do so is in order.


Article I Section 4 of Conductor Only CCA Modification provides:

Employes will not be required to perform any service with less than the required train crew consist specified in this agreement nor WILL THEY BE CENSURED OR DISCIPLINED IN ANY MANNER OR BE REQUIRED TO LOSE TIME FOR REFUSAL TO DO SO.

Q-1: Do the provisions of this Section apply to pick-ups and/or setouts made enroute which would result in exceeding the agreed-to work event limitations?

A-1: Yes.

Remember, maximum of three (3) work events, conductor-only. No limit to work events if crew has a brakeman.


A straight pickup (all cars coupled together and first out in track)

It has been interpreted that to pick up cars to 3 separate places in train is 3 work events whether at 1, 2, or 3 stations

A straight setout (all cars coupled together placed first out in track)

It has been interpreted that to set out cars from 3 separate places in train is 3 work events whether at 1, 2, or 3 stations


Straight pickup, first out, coupled together, whether or not hangs onto cars - 1 w/e

Straight setout, first out, coupled together, whether or not hangs onto cars - 1 w/e

Multiple pickups at one location - 1 w/e each

Multiple setouts at one location, not together in train - 1 w/e each

Setout and pickup at one location - 2 w/e

Straight pickup of cars, but not coupled together - each coupling = 1 w/e



A setout of a bad order(s)

A pickup of locomotive(s)

A setout of locomotive(s)

An exchange of locomotive(s)

Any work done at the initial or final terminal

Hanging on to cars to make a straight pickup or setout

(but the straight pickup or straight setout itself IS a work event)

Receiving train at intermediate point when locomotive remains attached

Relinquishing train at intermediate point when locomotive remains attached

Doubling train when receiving track too short to hold entire train

Cutting or coupling train on road crossings

Coupling or handling air hose

Performing air tests

Yarding train at initial or final terminal

Handling or installing rear-end devices (EOT’s)

Preparing reports

Utilization of on-board computer

Communicating (regardless of method) information to NCSC

Boarding and getting off trains

Setting or removing handbrakes

Cutting in / out helper units


It was agreed that no employee to be disciplined or censured for taking UTU’s position during the period of the dispute. WATCH BULLETIN BOARD FOR INFORMATION!


UPRR’s position is 2 work events

UTU’s position is brakeman is required; REFUSE if conductor-only


UPRR’s position is 1 work event

UTU’s position is 1 work event for each track used


UPRR’s position is 1 work event

UTU’s position is 2 work events


It was agreed between the General Chairman and Labor Relations that this repositioning work would not be considered a work event if a conductor-only crew was required to re-align a car(s) enroute provided it was the result of an unforeseen detection occurring enroute, which caused the unsafe train operation.

However, it was also understood that if the work to be performed enroute (pickup and/or setout) is known in advance, the train consist must be properly lined to operate out of the initial terminal to accommodate that work. Otherwise if the necessary re-alignment is not performed at the initial terminal and is performed enroute, a brakeman will be called.


(Reduced Crew)

"Through pool freight" operations (including derrick / wrecker trains, and ballast trains handled (transported) terminal to terminal only)

IC04 (RC04 + RC03) to North Platte

RC44 to North Platte

RC05 to Rawlins

IC57 (RC56 + RC77) to Green River

"Wild" or "Made-Up" Crews inserted into RC05 pool going to the objective terminal

Hours of Service Relief (Dogcatch)

Crew must deadhead to assignment, or

Taking an engine to assignment permissible only if pool crew going all the way through to objective terminal; counted under work events to pick up the train - no general switching allowed

Helper engine (NOT ALLOWED TO HANDLE CARS ON OWN without a brakeman)

ASKING OR ALLOWING A YARDMASTER OR ANY MTO, SYO, MOP or ANY other person TO PROTECT A SHOVE, PULL A PIN, ALIGN A SWITCH, etc. IS NON-CRAFT-INFRINGEMENT: DON’T DO IT! (They don’t get disciplined for screw-ups - YOU DO!!!) Protect your own shoves! (We hear you on the radio!)

(Standard Crew)

Work Train Service (includes derrick / wrecker operations)

May NOT handle revenue cars (to do so is 100 mile penalty) violation of Article IV Section 3 of 1984 Crew Consist Agreement

Short Turnaround

Includes made-up (wild) crew taking train to intermediate point and return to terminal either by working or deadheading

Includes made-up (wild) crew handling engine to intermediate point to get train and returning to starting point

Zone Locals

Assigned Locals

Exception: Conductor-Only may be used to dogcatch these trains if relieving a crew with brakeman; subject to work event limitations defined above (any work to be performed that could be deemed "general switching" would require a brakeman on the relief crew)

Any time GENERAL SWITCHING is required

Brakeman must make entire trip as a member of the crew; UPRR is not allowed to convert a reduced crew to a standard crew in middle of shift (or vice versa) (per 1984 Crew Consist Agreement Article II Sect 6). It is not permissible under the agreement to have a brakeman meet a conductor enroute.


A fund plug is the $55 contribution UPRR makes to a Productivity Fund when a reduced crew (conductor-only) or a standard crew (conductor and one brakeman) works or deadheads, regardless of whether protected or non-protected.

A trip credit is a share in the Productivity Fund, not unlike shares of stock in a company. A protected employee earns a trip credit only for an actual tour of duty; it is not awarded as part of make-whole payments.

There are certain occasions where UPRR FAILS to make the $55 contribution, and your help is needed to identify those situations. Please notify your Local Chairman immediately (you should give him a copy of your Recap) if any of the following are discovered:

Failure to pay the "Short Crew Allowance" (currently $16.22) on a working trip

Failure to pay the "Short Crew Allowance" (currently $16.22) on a call & release with service performed

Failure to pay the "Short Crew Allowance" (currently $16.22) on 2nd trip out of terminal (zone rule not in effect)

Trip credits made to another Productivity Fund (101 = Nebr, 201 = Wyo, 300 = Colo, etc.)

Protected Engineers not receiving their extra compensation under code B4 when there is a protected employee on the train crew are requested to please notify a Trainman's Local Chairman with the name of the conductor he worked with to help identify "no-plug" situations

UPRR is supposed to plug the fund when deadheading separate and apart, even though the "Short Crew Allowance" is not paid. One cannot verify this from examining the Recap.

Non-protected employees hired before 1992 receive $12 "Short Crew Allowance"

If you notify Shortage Clerk in Timekeeping (1-800-877-0309 or 8-997-2121) of the fact that you were not paid the "Short Crew Allowance", please notify UTU Local Chairman to insure that fund plug is eventually made

Just because your trip credit total is accurate does not insure that all the plugs have been made. The money has to go into the fund before anybody can get it out.










Rightfully or wrongfully, the framers of the conductor-only agreement intended that refusal (where appropriate) would be the penalty to the carrier for violations of the agreement. And in theory, perhaps that is best. We, as individual crewmen, can best enforce this agreement by knowing what the requirements are and adhering to them. In practical application, however, there are few crewmen who would relish standing up to those in charge at the railroad to enforce the agreement. But just as a wolf can smell fear in its victim, a manager can smell fear in an employee who is unsure of his agreements. Don’t let that be you; learn what the agreement requires of you, learn what it requires of the carrier. Do not let the need to be productive seduce you into an agreement violation! DON’T DEPRIVE A BROTHER OF A JOB WHEN HE SHOULD BE CALLED AS A BRAKEMAN! YOU WOULDN’T WANT HIM TO DO THAT TO YOU!



Trip Rate jobs incorporate a point where overtime commences; all time in excess of that point is paid as overtime without your having to make claim therefore. (However one must make claim for overtime after 12 hours, known as tow-in). There is currently a dispute with the carrier over an offset for commencement of overtime on trip rate jobs, based on the imbedded initial and final delay incorporated into the trip rate. If the UTU prevails, UPRR has promised to restore and pay back any overtime we are otherwise entitled to.

Work Train & Assigned Local: See charts in various time books; 100 mile basic day; computed by dividing total miles run by 12.5 MPH (runoff), multiply that part after the decimal by 60 to get actual minutes; Overtime rate = 18.75 MPH

Non-ID Freight: See charts in various time books; 130 mile basic day; computed by dividing total miles run by 16.25 MPH (runoff), multiply that part after the decimal by 60 to get actual minutes; Overtime rate = 24.375 MPH

Green River ID: The agreement provides for overtime commencement to be after 12 hours unless you DO NOT REACH Rawlins (switching limits MP 676.50 or MP 686.50) from either direction due to Hours of Service, then at 10 hours. Non-protected employees after 19'05"

Car rate applicable to overtime payments, even on trip rate jobs

Computed by taking the appropriate per minute rate, multiply by 1.5, and multiply by the number of minutes of overtime and/or tow-in


(Rule 74 UTU Schedule)

ID Service, after 16 hours at far terminal, continuously until pay begins for subsequent service or train/van departure time if deadheading separate and apart (and per PLB 4897 Awd 11 to dh dep time on comb dh/svc)

Non-ID Service, same as ID except paid the last 8 hours out of every 24 hours held, similar to the above

Paid at Basic Rate on a minute basis at car bracket rate

Car rate applicable to HAHT payments

If deadheaded separate and apart out of far terminal, HAHT paid at car rate of previous working trip to far terminal only if you claim it, as UPRR has not programmed the computer to automatically allow

If call busted at AFHT, paid greater of call and release or HAHT to recall time (or departure time if deadheading)

To properly claim the greater HAHT, one should go through the motions of claiming the call & release in the computer and do the proper federal screens; then do an =PE claim to state that you are claiming the HAHT in lieu of the call & release account greater.

Computed by taking the appropriate per minute rate and multiply by the number of minutes of HAHT

(Rule 28(b) UTU Schedule)

ID service, prior to the implementation of trip rates, was allowed $1.50 taxable allowance for not stopping the train to eat enroute. Non-ID service jobs, locals, and work trains were entitled to a meal period after five (5) hours on duty and it is apparent trip cannot be completed within 8 hours, and dispatcher notified sufficiently in advance if possible to avoid delay to other trains per Rule 28(a) UTU Schedule. Trip rates, where implemented, rolled payments into the trip rate for not having these meal periods.

However, if you are working a Non-ID, Non-Trip Rate assignment and are denied the right to have a meal period after 5 hours, politely inform the person denying you that right that it is an agreement violation, then note that person’s name and the time denied as documentation on your claim for a basic day. While there have been PLB Awards both favorable and adverse on this issue, as well as settlements for less, to not make the claim is to effectively relinquish the rule.

The subject of eating at the final terminal prior to tie-up needs to be addressed. There is NO CONTRACTUAL REQUIREMENT for a meal period once a crew has reached the final terminal. As for taking a meal period while towing in, the Carrier has surreptitiously avoided a confrontation with the organization(s) by instructing drivers to not stop for meals. It is recommended that if a meal period is desired while towing-in, that one obtain permission to do so from the dispatcher.

(Per 1991 National Agreement PEB 219)

1 meal ($6.00) after 4 hours rest at away from home terminal, OR

2 meals ($12.00) after 12 hours rest, regardless of call time thereafter (not departure time)

(Rule 32 UTU Schedule, as modified)

Not applicable to Trip Rate jobs. If not a trip rate job, then read on

Pre-85 employees only, until 3/1/05 when post-85 employees become eligible

Paid at Arbitrary rate on a minute basis at car bracket rate

ITD after 30" until rear of train by departure point

If being released before rear of train passing switching limits, there is no ITD payable - there is no departure even though beyond designated departure point

If released after departing switching limits, one is paid ITD plus actual miles run with minimum allowance of a basic day

Switching limits defines a terminal; arrival & departure points set the miles of a run

Switching limits listed on page 28 under "Off District"

FTD 60" after arrival until tied up; Timekeeping requires we show arrival point on timeslip as:

North Platte MP 291 (eastbound)

Cheyenne MP 508.5 (westbound) or MP 510.8 (eastbound)

Rawlins MP 681.16 (westbound)

Green River MP 814.7 (westbound)

If in doubt as to which is greater, ITD + FTD or overtime, claim the ITD and/or the FTD; if overtime and/or tow-in is greater, the computer will pay overtime/tow-in and the timekeeper will cut the ITD and FTD.

With electronic timeslips, if no entries made in remarks column, FTD likely to be paid; but if declined, be prepared to enter the information on =PE.


Never applies in road service; insure that "N" shows instead of "Y" on pay screen if in road service; only for yard crews. Air pay is simply a $6.55 arbitrary payment that is paid to pre-85 yardmen for coupling air hoses that the carmen used to do. On 3/1/05, will be allowed to post-85 yardmen if yard jobs not on trip rates.

(Rule 67 UTU Schedule)

"On arrival at terminals conductors and brakemen are automatically released. This does not apply to service covered by Rules 7, 31, 35, 58, 62, 64 and 65."

The excepted rules cover: Short Turnaround Passenger (7), Zone Rule (31), Circus Trains (35), Zone Local (58), Work Train (62), Snow Plow Pilots (64) and Double Crewed Snowplow Service (65).

Be aware there are times that the UP might want to violate this agreement and keep a crew on duty for additional service, especially crews who are not covered by the quoted, excepted rules who are not pool crews. If sent back out on another trip and you are not covered by the listed rules, you and the first out extra man have claims coming. Bottom line? Get permission to depart the property to go home. Given the tendency of management to seek new ways to violate our agreements, it is possible that a pool crew could be ordered to go back out after having arrived; a proper claim should be no less than the round trip district miles that accrue to such pool crew, as they are being used in known short turn service.

Please keep in mind that many carrier officers and/or crew dispatchers lose sight of the fact that if they want to utilize a crew for zone rule service (Rule 31), notification of such must be made when a crew is called for duty. They do not have the right to make a conversion to zone rule service after the time the crew is called if they later decide it might be prudent to have done so. If not notified of zone rule service when called, then Automatic Release Rules apply.

(Item 68 Yellow pages UTU Schedule)

This is a time-based payment when freight crews are required to change class of service to work, wreck, helper, or pusher service. One is NOT paid miles when in Guthrie. This payment is supposed to be in addition to the regular pay for the trip. It is paid at straight time, unless this extra service converts you to overtime, then it is allowed at the overtime rate. It is possible to have a portion of Guthrie at straight time and a portion at overtime rate. Paid at arbitrary rate, same as ITD and FTD with car count.

The rule of thumb when figuring Guthrie pay is to determine what your pay would have been if you had not entered Guthrie service. Guthrie pay is, therefore, the additional time spent on duty because of having converted to Guthrie.

Example 1: You spend 2 hours in Guthrie service and you were 9'30" on duty. Had you not entered Guthrie, you would have been 7'30" on duty. If overtime would have commenced at 8 hours on duty, then your Guthrie pay would be 30" straight time plus 1'30" overtime. As overtime pay is paid at current rates, in this example, one would only need to claim 30" Guthrie.

Example 2: Same as example 1 except that you are 11'30" on duty. Had you not converted to Guthrie, you would have had 1'30" overtime. Guthrie would be entirely at the overtime rate and you would be paid 3'30" overtime (no need to make a Guthrie claim unless you are subject to rate conversion to a higher car bracket, or even work train rate).

Include time spent securing train before entering Guthrie service and releasing handbrakes and air test afterward. Had you not entered Guthrie, you would not have had to do those things.

Examples of Guthrie service include shoving the train ahead, spreading ballast, re-railing a car, pulling rear portion of train ahead to set out a drawbar, etc.




Rule 41(d) in Schedule. Pay is one-half basic day (65 miles) if held on duty less than 4 hours, whole basic day (130 miles) if 4 hours or more. If called for non-ID service and paid 65 miles, one is placed at top of board; if paid 130 miles, placed at bottom of board. If called for ID service, placed at top of board regardless of whether 65 or 130 miles allowed. If CALLED AND USED, (i.e., actual service performed), pay is 130 miles regardless of the 4 hour requirement, and there should be a fund plug and trip credit issued (protected only). Payment could be trumped by HAHT payment!

There is a rumor circulating that if one is still at home when released that there is no claim for call and release; this is not true! If a CMS caller tells you this, he/she is only trying to cover up their mistake. PLB 3736 Award 4 held that an employee, having received a call, and then subsequently released, is entitled to be paid for the call and release, time of day not a factor.


Commonly referred to as "Runaround". Claim is 65 miles unless not called within 8 hours, then 130 miles. Rule 41(c) in Schedule. Per PLB 4897 Awd 8 crew called to deadhead on a train, but had to ride another train with a following crew is runaround.

(Article X 10-25-82 National Agreement & Arb Awd 419)

(Webmaster's note: see PLB 3889 Award 148 for recent changes.)

2 hours arbitrary (Article X Section 7) if, due to elimination of caboose, a crewman is required to:

Ride on side of car an extended distance (except during switching operations); (Sec 3(d) of Article X)

State mileposts and times of doing so in Remarks section of electronic timeslip or =PE

Stand by for an extended period of time, (Section 3(b) of Article X), or

Mount or dismount EOT at a location where other personnel (i.e., carmen) are available (i.e., on duty) to do so (Arb Awd 419)

(Webmasters note: see PLB 5487 Award 6)

Have available safe, stationary and comfortable seating arrangements for all employees on the engine consist (remember, carrier wants you in the lead unit to keep from being gassed!)

Use the "DR" command in the computer to show the delay caused that has generated a cabooseless claim, and then print it off for your claim.


$8 on a trip when instructing a student conductor; such student must be in the same status as a student engineer, i.e., earning $133.28 / day ($799.68 / week) instead of trip miles. Not for re-familiarization trips or trips where the student is paid as a working brakeman.

(Part VIII Section 7 5-22-72 ID Agreement)

Basic Day penalty payment when two crews in ID service exchange trains in a short time situation. The two crews have to physically exchange trains (although forward progress after the exchange by one of the crews is not a requirement); if one crew is out of time already, they cannot receive a train in the exchange process.

Labor Relations sometimes takes position that if the train that the "short time" crew relinquished makes it to the terminal before that crew would have been out of time, then the crew must not have been a "short time" crew and they can steal your payment from you. Lately the criteria used by the carrier is that the short time crew must be at least 10 hours on duty when the exchange is made, if not 10 hours old, then the crew is not a short time crew, hence no payment is due.

Nevertheless, list the train you trade for on the second page (use F8 to get second page) of your tie-up screen, along with the location and time of the train exchange. Also possible to have a second exchange, which is another Basic Day penalty payment.

Payment is a penalty payment (full basic day at current rate, not arbitrary rate) per PLB 5912 Award No. 120. Payment is made to non-protected employees the same as to protected employees. Exact language of the rule:

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.

Warning! Train Exchange will not be paid when an ID crew exchanges trains with a Non-ID crew, and is likely to not be paid when crews of differing ID pools make an exchange (e.g., long pool trades with short pool).

Does one have the right to refuse to exchange trains? This is when it would be proper to read the above quoted rule to the dispatcher and ask that he comply with it, as written, that one will "not be required to exchange." With a penalty built in the rule, it is not advisable to downright refuse to make a train exchange; rather ask that the agreement be complied with if you do not want to make an exchange. If you do make an exchange, one is more apt to be paid if one of the crews arrives the final terminal after the other one would have expired under the law. The issue is being arbitrated.

(Requires brakeman) (Agm't dated 3-25-82)

Working both ways:

Entitled to ITD and FTD at Cheyenne (subject to 30"/60" grace periods)

Entitled to a straight time (pro rata) payment for all time spent at Laramie

Post-85 will be entitled the above on 3/1/05

200 miles paid on the run (130 basic and 70 overmiles) with overtime after 12'18" (but be aware that a basic day + 2’48" overtime is more $$ than 200 miles).

Claimed on electronic timeslip as round trip to avoid ITD/FTD grace periods at Laramie

Deadheading one way

If deadhead and service are combined, miles deadhead (56) plus miles worked (56, 61 or 66) is less than 130 miles; claim 130 miles with overtime after 8 hours; if deadhead and work via Harriman, claim 132 miles with overtime after 8'07". If DH separate & apart, see below.

(Rule 74 in Schedule, as modified by 10-31-85 Agrm’t)

Separate and Apart (Art VI Section 2 of the 10-31-85 National Agreement)

Trip rate jobs will pay a trip rate in lieu of the information below

Non-trip rate jobs are paid as follows, to include deadheading by extra employees to cover outlying assignments

Pay is on a minute basis for actual time spent deadheading

8 hours minimum for pre-85 and post-85 employees where trip rates have been implemented or 3/1/05, whichever is earlier

Pay is supposed to be at basic rate in connection with class of service to which it is connected; if deadheading to Sidney for local service, paid at local basic rate; if to Rawlins for 5 day zone local service, paid at the 5 day zone local basic rate, etc.

Pay for time in excess of 8 hours (this is not overtime) to be at straight time basic rate per PLB 5680 Awd 14 (check to ensure that it was not paid at the arbitrary rate). Specifically state, "Claim all time at Basic Rate."

Pay defaults to separate and apart if combination deadhead not specified prior to deadhead

No short crew allowance due when deadheading separate and apart

Deadheading to and from an outlying point to relieve a vacation vacancy will be paid to the first man out and the last man back; intermediate deadheads are NOT paid. The same applies to a layoff vacancy.


Q-1: Can a runaround occur when a crew working into the away-from-home terminal is relieved and deadheaded home separate from service?

A-1: Local runaround rules continue to apply.

Q-2: Are preexisting rules which provide for less than a minimum day payment when deadheaded separate and apart from service eliminated so as to now require payment of a basic day when applicable?

A-2: Yes, unless the Carrier has notified the organization of their desire to retain their preexisting rule on or before November 1, 1985. (Note: UPRR made no such request.)

Q-3: Section 2(a) provides that the payment to present employees for deadheading separate from service is a minimum day at the basic rate applicable to the class of service in connection with which deadheading is performed. Does this supersede the current rule which provides that payment for deadheading on passenger trains shall be at 1/2 rate?

A-3: Yes.

Deadhead Combined with Service
(Art VI Section 1 of the 10-31-85 National Agreement)

This is a moot subject for trip rate jobs, except that one might pay close attention to the radio to get a work assignment

For non-trip rate jobs, the following applies:

Pay is on a mileage basis; actual miles worked + actual miles deadheaded

If told by CMS that deadhead is "combined" and you see no service, you still would get district miles for the deadhead and possibly get real overtime (however, some BLE PLB on Conrail apparently shot that down, which UPRR relies on to convert you to separate and apart)

CMS will tell you "combined" but check "separate and apart" in the computer, just in case you do not convert to service, so they can cheat you

If CMS tells you "continuous" service, ask if it is "combined"; the agreement does not contemplate "continuous" service; just another tactic to confuse and cheat you

Must be informed that deadhead is combined with service prior to the commencement of deadheading, otherwise defaults to separate and apart

Per Nationally agreed-to Q&A #8 to Article VI Section 1, of November 1, 1985 Agreement, when deadheading and service are combined, initial delay begins when crew actually reports on duty for the service trip at intermediate point (30" grace period applicable) see below:


Q-1: If an employee works from his home terminal to the away-from-home terminal and then deadheads from the away-from-home terminal to the home terminal, is it necessary to notify the employee to combine deadhead with service prior to going off duty on the service trip?

A-1: Yes.

Q-2: Does the Carrier have the sole right to determine whether deadheading will be combined with service or paid separately?

A-2: Yes.

Q-3: How is a crew or individual to know whether or not deadheading is combined with service?

A-3: When deadheading for which called is combined with subsequent service, will be notified when called. When deadheading is to be combined with prior service, will be notified before being relieved from prior service. If not so notified, deadheading and service cannot be combined.

Q-4: Can notification to combine deadheading and service be included in a bulletin: e.g., where a crew regularly performs deadheading that the Carrier wishes to combine with service?

A-4: Yes.

Q-5: Where deadheading is combined with service with a mileage component, what is the rate of pay for the deadhead portion of the trip?

A-5: The rate of pay allowed for the service portion of the trip.

Q-6: Does the new deadhead rule deal in any way with employees using their personal automobiles to deadhead?

A-6: No. Use of automobiles is not involved in this rule and local agreements and understandings continue to apply.

Q-7: Are local agreements such as "if deadheaded by highway, highway mileage applies and if deadheaded by rail, rail mileage applies" preserved by the new agreement?

A-7: Yes, in those situations where deadheading is combined with service and is paid for on a mileage basis.

Q-8: In situations where the carrier chooses to combine deadheading with service, at what point does initial terminal delay begin?

A-8: At the point and time the crew actually reports on duty for the service trip.


It is UTU's position that Trainmen are entitled to a basic day for attending rules class if no actual time is lost, and if time is lost, then entitled to lost wages. We have won PLB 4675 Award 56 over this issue. Carrier has issued instructions to schedule your re-exam so as not to lose time, if possible.


Wait Time: Section 14(b) of Arbitration Board No. 525, Award No. 1 provides for a separate payment on a minute basis to be allowed for all waiting time in excess of 1 hour from time tied up if not immediately deadheaded to objective terminal (except in case of wreck, flood, washout and storm where a crew could be tied up at an intermediate point and resume trip after obtaining legal rest). Claim should be allowed at the current rates of pay, but timekeeping will most likely cheat you and pay at the arbitrary, frozen rate.

If ordered to dogcatch a train within the confines of the 13th district (Black Buttes to Granger), you are entitled to a penalty payment (basic rate) of 65 miles per Section 8 of Agreement dated 9-17-76 entitled "Establishment of 13th Seniority District." (UPED-UTU Schedule Rule 92(29)(h)) This is in addition to the off-district claim (below) if you dogcatch an eastbound train west of Green River.

If you die under the Law enroute Green River within the confines of the 13th district (Black Buttes-Green River), you are entitled to a penalty payment of 65 miles (basic rate) for each train not deadheaded on per Rule 92(29)(j)

(Item 92(t) Yellow pages UPED-UTU Schedule). This item was included as one of the national pay elements for inclusion into the trip rates; however, your local chairmen have been allowed to forego that inclusion, and as such, this is still applicable. If the carrier would properly apply step-ups to be within the employee’s pool as the national agreement provides, instead of all step-ups to other pools, there might be a time when the trip rate would be increased and the following would not apply to step-ups within the same pool.

Pool & assigned (not extra) conductors used off their assignment to work another conductor position are entitled to be made whole if their regular assignment earned more than their irregular assignment, plus a 65 / 50 mile penalty payment for setting up. If setting up and did not miss regular assignment, no 65 / 50 mile payment or make whole is due. If the irregular assignment is as a brakeman, Timekeeping will pay a regular conductor the conductor rate, but only if you claim it. If the irregular assignment is in yard service, crewmen have been made whole (without 65 / 50 miles setup) if they miss their regular assignment if the crew caller documents it in your work history. You are entitled to make whole for yard service if the carrier fails to attempt every available yardman (including holding over the current (afternoon) shift for 4 hours and then bringing in the following (day) shift 4 hours early) per PLB 164 Awds 186 & 187.

Per Item 92(s), a brakeman setting up to another brakeman assignment would be also entitled to set-up and make-whole, similar to the conductor.

Per Item 92(s-1) on the 4th district and Item 92(s-2) on the 5th/6th district, a brakeman setting up to a conductor position would be entitled to make-whole only if applicable, no set-up. Not applicable to hold-down situations.

Trip Credits are not included on make-whole, but can be handled through lodge to effect recovery.





First of all, you cannot be required to take your personal vehicle to an outside assignment. However, if mutually agreeable between you and CMS, then you are entitled to claim "car mileage" for doing so. CMS documents your work history accordingly. Examples would include filling a vacancy on an outside local or working a conductor pilot assignment. The current rate paid varies by the year and is dictated by the IRS; UPRR seems to pay this correctly when one is entitled to the claim. Simply state "claim -- car miles account required to drive personal auto to and from assignment."

(Rule 92(4) & 92(5) of UTU Schedule)

If you handle your entire train (including lite engine) outside the opposite switching limits at a terminal (e.g., dogcatching without benefit of a dogcatch crew), you are entitled to and should make claim for a basic day for being off district. Don't forget to get a track warrant and track bulletins (at least check with the dispatcher) for the "foreign" district if told to get your train out there; they could "Level" you for not doing so. Let your Local Chairman know!! Also getting a train on the DP if the entire train is south of the wye switch at CP W98 would be grounds for an off district claim. Although "SL" signs are not always in place, the switching limits at various stations concerning Local 446 members are located at:

East West East West

North Platte 282.01 292.00 Laramie B563.59 570.43

Sidney 406.09 409.45 Rawlins 676.50 686.50

Cheyenne 507.27 511.81 Rock Springs 800.53 803.73

Laramie 564.82 570.43 Green River 814.15 818.49

In order to get paid for this claim, obtain a commitment from the yardmaster or dispatcher that they will document this in your work history. UPRR seems to have no problem paying this claim, provided they know it is a legitimate claim, although they pay it at the wrong rate. As it is a penalty claim, it should be paid at the current rate, rather than the 1985 rate (a difference of over $52).

(1972 National Agreement Art V)

Pool Employees, Assigned Service (Locals) and Daily Preference

Allowed on day(s) that your turn actually works and you report for jury duty. For example, your turn works Monday and Tuesday, and you have jury duty on Tuesday and Wednesday, nothing is allowed for Monday or Wednesday

Pay is basic day less what the court will pay you

Claim submitted via =PE with copy of statement of court faxed (fax number is 8-997-2376 or 402-997-2376) to Northern Region Timekeeping (write =PE claim #, Name and SSN on documentation)

Extra Board Employees

Same as for pool employees, except there is no guarantee reduction for jury duty


Allowed for death of child, parent, sibling (including in-laws, "half" relationships and adoption relationships)

Not allowed for death of grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins or "step" relationships (unless covered by adoption process)

Maximum 3 days payable at basic rate

Claim submitted via =PE with copy of obituary or funeral program faxed (fax number is 8-997-2376 or 402-997-2376) to Northern Region Timekeeping (write =PE claim #, Name and SSN on documentation)

Eligibility for payment based on when you "would have worked" referenced to three "options" (assume, for example, day of death is Monday and funeral is Thursday)

(a) Option #1: Three days commencing with day of death (Monday, Tuesday and Wednesday), or

(b) Option #2: Three days ending with day of funeral (Tuesday, Wednesday and Thursday), or

(c) Option #3: Three days ending day after funeral (Wednesday, Thursday and Friday)

Figure which days you would have worked and apply whichever option gives you the most consecutive days; maybe you will only have one or two bereavement days payable

CMS will put you in "BV" status for 10 days, but paid days have a maximum of 3

Cannot get bereavement pay on a day where you are paid vacation or personal leave

No "pyramiding" (i.e., two bereavement payments for one day) where a second death occurs within the three day period covered by first death

If on a guaranteed extra board, no guarantee reduction for bereavement leave


Figured on a weekly basis and paid the greater of:

1/52nd of previous year's earnings (from W-2), less trainmen productivity payments, or

6 basic days in road service at the basic rate of last service & craft performed

5 basic days in yard service at the basic rate of last service & craft performed

Verified on PS SSN# screen

Once pay for week is determined, weekly vacation pay is divided by 7 to get to a daily basis

Vacation week taken across two pay periods is prorated by the number of days taken in each pay period

Weekly vacations scheduled on Monday on 4th district and Cheyenne Yard; 1st, 8th, 16th and 23rd on 5th district

Vacation qualification is based on three criteria:

1) Earning 24,000 miles in previous year, and

(Each mile earned equals 1.6 miles in yard service or 1.3 miles in road service toward accumulation of the 24,000 miles required)

2) Years of service, and

3) Lifetime minimum number of miles

1 week = 1 year of service, and 24,000 miles

2 weeks = 2 years of service and 32,000 miles lifetime minimum

3 weeks = 8 years of service and 128,000 miles lifetime minimum

4 weeks = 17 years of service and 272,000 miles lifetime minimum

5 weeks = 25 years of service and 400,000 miles lifetime minimum

If on a guaranteed extra board, vacation days (LV status) are not unavailable days (no guarantee reduction); "EV" days following vacation are counted as unavailable days

No need to file a claim on any kind of timeslip; paid automatically

Deadheading to and from an outlying point to relieve a vacation vacancy will be paid to the first man out and the last man back; intermediate deadheads are NOT paid. The same applies to a layoff vacancy.

Pool freight employees are entitled to advance assigned vacation period to commence on any day following completion of final trip prior to the assigned starting date of scheduled vacation (per Item P-11 green pages of schedule)

Proper Claim for Refusal of CMS to comply with Item P-11: Basic Day of 130 miles unless such refusal caused a lost trip at conclusion of vacation, then claim lost earnings of that trip.

(1984 Crew Consist Agreement) (Denial troubles? CMS Manager phone 8-997-3422)

Paid at basic rate of last service performed (no car count) and in craft last worked

Fiscal year runs from August 1 through July 31

Days can be denied because of manpower shortage; however CMS is violating the contract if they limit the number of days you request (e.g., you request three days, but they tell you they will only deny one day) – such would be an agreement violation worthy of a basic day claim!

Have CMS Caller send denial to printer I050111; that gets it in your work history

Important! As soon as possible after having received a denied day(s), print a copy of your personal screen (PS SSN#); CMS has been known to delete denied days from your work history!

Denied days can be carried over into next fiscal year but have to be used by January 31

Carried over days have to be granted on demand; denied days do not. If not granted a carried over day when requested, note the date and time and make a claim

Under no obligation to use denied days upon next request for personal leave, but you better be specific that you are not using a denied day if that is what you want to do. Ask caller to document same in your work history

If you have carried over days, CMS will use those as your next days taken in the new fiscal year; if you do not want to use a carried over day, tell them when you make the call (note time and date of call, or have caller document same in your work history), then tell your Local Chairman; CMS will lie to you to keep you from saving your carried over days to use at Christmas

PL days taken independently of work schedule on 4th district; PL days tied to train departure day on 5th / 6th (however, when in meltdown status, callers are apt to apply the 4th district mode to the 5th/6th so that they can burn you with a miss-call or get you back earlier; watch out!)

No required automatic markup from PL; however on 4th, CMS will automatically pend a markup for you if you only request a certain number of days, to keep you from burning additional days if you forget to mark up. You can have automatic markup deleted if you wish

If on guaranteed extra board, PL days are not unavailable days (no guarantee reduction), "EP" days following PL are unavailable days (which will trigger a guarantee reduction)

Total number of PL days taken and paid holidays cannot exceed 11 regardless of number of PL days entitled (excluding carried over days)

Entitlement based on years of seniority as a trainman (including transfers)

2 days - less than 5 years

4 days - 5 to 10 years

6 days - 10 to 15 years

8 days - 15 to 20 years

11 days - 20 or more years

Trainman PL days not tied to any requirements, such as working 180 starts in previous year or not filing an accident report form, nor are they banked, nor are they required to be used prior to November 15.

No need to file a claim on any kind of timeslip; paid automatically

When you request a specific number of PL days and CMS will allow only one day and/or refuse to deny the other days, such is an agreement violation

Note: Proper claim for this agreement violation would be 130 miles, violation Art X Sections 1 and 8, 1984 Crew Consist Agreement.

(1991 Crew Consist Modification (Conductor Only)) Current Guarantee = $2,904.83 (from 7-1-2003 thru 11-30-04)

Will forfeit guarantee if:

3 or more unavailable occurrences in pay period, or

The total hours unavailable exceeds 84 hours in pay period

Unavailable occurrences include "excessive" status, such as "EV", "EP", extra rest, miss call, excessive deadhead from outlying point, etc.

No guarantee reduction for absence due to Bereavement Leave, Personal Leave, Vacation, Rules Classes, Jury Duty, Physical Examinations, or other instances where the employee is held at the instruction of the carrier

If available 14 out of 15 days, pay is 14 / 15ths of the guarantee amount. If your 1 other day was a PL day, then they owe you 15 / 15ths of the guarantee (entire amount); don't let them pay you 14 / 15ths plus a basic day for the PL day

If shorted, call Timekeeping; if they are not willing to adjust, file a claim (=PE) and if formally declined, then have Local Chairman progress

If you become unavailable when first out or miss a call, your guarantee reduction is what the person who took your place earned, with minimum reduction of 1 guarantee day

If you missed the call because the person in front of you missed, you are only docked a guarantee day

Unavailable days are measured in 24 hour periods, or parts thereof, not calendar days

Guarantee paid for the day assigned; all earnings that day will be measured against the guarantee except penalty payments per PLB 5680 Awd 3

No guarantee paid for the day cut from the board unless notified of the reduction after 1:30 PM

If called as a brakeman for an assignment, pay for the trip will be made at brakeman rates; however if guarantee is paid at the end of the pay period, you will be considered to have been a conductor for the whole half and guarantee at conductor rates will be awarded.

Penalty payments supposed to be paid over and above guarantee (PLB 5680 Awd 3); however if you have a pay period where you are entitled to guarantee and a penalty payment, it is recommended that you FILE A CLAIM for guarantee OVER AND ABOVE penalty pay!



DOGCATCHING AT RAWLINS (return to Rawlins):
(Item O Green pages of UTU Schedule)

Entitled to one trip rate if dogcatch is made west of Rock River (MP 605)

Entitled to two trip rates if dogcatch east of MP 605; communicate (and note the time) with Train Dispatcher to document your being east of 605; fill out DR screen showing delay with pertinent remarks; print all documentation and retain for your files as the information could be deleted later by management

On tie-up screen, show deadhead to train on Line E and actual service on Line A

Covered by Item O in green pages of Schedule, which was written after the zone rule was written; if called under zone rule, entitled to trip rate(s) mentioned above for each trip out

If called under zone, they are trying to circumvent paying for subsequent trips

Unless otherwise instructed, do =TE after each dogcatch and then have CMS put you back on duty at a new time on the next train.

If not permitted to do =TE after each dogcatch, use the F8 key on the Federal screen to show the multiple trips (Line E for the deadhead to the train, Line A for the actual handling back to Rawlins)

Item O specifies one dogcatch only if other crews are available; if you are sent back out for a subsequent train, such is an agreement violation. Therefore you should claim an additional basic day in addition to the trip rate(s) for such subsequent trip out!

If other crews available for subsequent trips, they are entitled to run-around for not being called; please document

Get documentation for each train, including a call sheet, if possible

As there is no dogcatching agreement in place for our crews at Green River, crews returning to Green River should claim one trip rate for the actual dogcatch (ID crews called for known short turnaround) plus 65 miles for dogcatching within 13th district (if applicable). Also a claim for a basic day should be made for violation of Part VIII Section 3 of May 22, 1972 ID Agreement ("Non-interdivisional service will continue to be manned by employees from the seniority district over which such non-interdivisional service operates"). This claim should be made regardless of whether dogcatch is made east of Black Buttes on the 7th district, or west of Black Buttes (13th district).


Paragraph 14 of Item 43(d) in yellow pages of Schedule provides that, "Extra conductors called for short turnaround service out of district terminals will stand first out 12 hours after tie-up, unless different terms for application to a particular district are specifically provided for by the parties."

For the 4th district:

The above quoted rule is applied as written on the 4th district if one desires to utilize it.

For the 5th/6th district:

1. When a Conductor and/or Brakeman from the Conductor’s or Brakeman’s extra board is used on a turnaround trip from Cheyenne to any point East of MP 609, such Conductor and/or Brakeman will be placed first out at Cheyenne after 12 hours’ rest---calculated from the time released at Cheyenne. Service on the Denver and Walden runs would also be applicable as long as MP 609 was not reached.

a. Extra Conductors and/or Brakemen arriving Cheyenne 24 or more hours after having been called for the short turnaround trip would not be entitled to be placed first out as provided in this Section 1.

2. Extra Conductors and/or Brakemen used for short turnaround service under Section 1, above, will not be called to make two successive turnaround trips out of Cheyenne if other Extra Conductors and/or Brakemen are available.

3. If necessary to use and Extra Conductor and/or Brakeman for another successive turnaround trip as outlined in Section 1, above, such Conductor and/or Brakeman will be placed first out on the extra board 12 hours after tie up at Cheyenne, provided the trip was less than 24 hours.

4. When two or more Conductors and/or Brakemen tie-up from turnaround trips at the same time, the crew who reached the arrival point first (field tie-up time if deadheading) will be placed first out.

5. It will be the responsibility of the crewmen tying up to advise the Carrier if qualified for first out status no later than tie up at Cheyenne. If the employee fails to advise the Carrier of his election at tie up, the employees will be placed at the bottom of the board.

Editorial Comment: Note that a crewman, having gone first out following a short turnaround, is only entitled to not make another turnaround trip if others are available; it does NOT guarantee an interdivisional run to Rawlins or Green River. A call for subsequent service on the Sinclair Local, or an east work train out of Rawlins, for example, would be permissible.




Section 1. If a westbound interdivisional crew is turned at or before reaching Dale (Sherman) and returns to Cheyenne, such crew shall receive an allowance of 100 miles for such service.

Note: Proper claim would be 130 miles, not 100 miles.

A. Shall be called in turn if, in the opinion of the Carrier, the crew has sufficient time to work over the district.

B. If, in the opinion of the Carrier, such crew, on return to Cheyenne, does not have sufficient time to work over the district, the crew will stand first out after having received eight (8) hours rest and will be restored to their original position on the board on their return to Cheyenne.

Section 2. If a westbound interdivisional crew is turned after leaving Dale (Sherman) and returns to Cheyenne, such crew shall receive payment equivalent to round trip district mileage for such service and shall retain their original position on the board.


Note: If this payment applies to you, attempt to have CMS show a working trip and a deadhead trip for this service in order to get paid 2 trip rates.

Section 3. This agreement will be effective May 1, 1976 and will terminate ten days after written notice is served by either party upon the other.

Dated at Omaha, Nebraska this 19th day of April, 1976.


It is generally accepted that such an event is not supposed to happen. Revision of the Hours of Service Act, last in 1988, plainly states that crews can only be tied up at "designated terminals" which are designated by management and labor. You may refer to the section of this handbook entitled "Governmental Matters" to read this for yourself. Our interdivisional agreements have no intermediate points specifically designated as a terminal. To do so would require a formal written agreement between the parties.

However, language of the May 22, 1972 ID Agreement on this subject reads as follows in Part VIII:

Section 6: Except in case of wrecks, floods, washouts and storms, employees 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 employee 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.

Note: Proper claim would be 130 miles, not 100 miles.

Furthermore, the Arbitration Award No. 525 (Cheyenne – Green River ID) dated November 24, 1992 contains the following as Section 14 (Tie-ups enroute):

(a) Except in case of wrecks, floods, washouts and storms, employees 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.

Note: Proper claim would be 130 miles, not 100 miles; original ID agreement preserved for Cheyenne-Green River run.

(b) Except in (a) above when tied up on line of road, crews in this service will be deadheaded to their objective terminal immediately after being tied up. If the relief crew or transportation does not arrive within one hour of the time tied up, a separate payment on a minute basis will be allowed for all waiting time in excess of one hour.

Note: Proper claim would be all time from 1’00" hour tied up until deadhead departure from point tied up or call time if working out of intermediate terminal; claim at Basic Rate.

What this is trying to say is that we should not be held at any intermediate point for rest, but if we are, it had better be due to a wreck, flood, washout or storm, but in any event, the designated terminal rule of the H.O.S.A. precludes such an event from happening.

It is the UTU’s position that the aftermath of one of those calamities is not a valid reason to hold us for rest at an intermediate point. Therefore any time we are laid down, the penalty would be applicable. Also, one of those calamities would have to be on our district or run; to have the service interruption on another adjoining district would not be grounds for laying a crew down enroute.

Having said that, and based on past experience, it is a given that management will again get stupid and lay crews down at an intermediate point, claiming an "emergency." (UTU’s position is that emergencies and non-emergencies were defined in the Crew Consist Agreement, and would not apply to this situation). You will undoubtedly be told when instructed to tie up at an intermediate point that, "your general (or local) chairman agreed." However nothing could be further from the truth; that is an old tactic that really means, "Screw you, we are going to do what we want; if you don’t like it, grieve later." (This applies to many situations).

So you lay down at an intermediate point; what should you be paid? Aside from the considered illegality of doing so, there is Schedule Rule 70, a rule written long ago, but never actually updated. Rule 70(a)(4) provides that if you are at least 10 hours on duty when tied up at the intermediate point, that you "…shall again be considered on duty and under pay immediately upon the expiration of the minimum legal…rest…(either 8 or 10 hours)…" If a crew was not 10 hours on duty when tied up, then Rule 70(c) is applicable, which is summarized by saying that a crew is paid the schedule mileage to the tie up point, and if held less than 8 hours, will be paid continuous time for the entire trip; if held 8 hours or more, no compensation until the crew is 24 hours from the start of the trip (from initial terminal), unless called to duty. Bottom line? Don’t tie up until 10 hours on duty, if possible.

In other words, a federal tieup at an intermediate point should pay the mileage of the straightaway trip plus overtime to the final terminal, less the 8 (or 10) hours of supposedly legal rest at the intermediate point. Plus the penalties for the carrier violating the above quoted rule. Then turn your information over to the union for progression of an H.O.S.A. violation to the FRA. One may rest assured that if and when the organization ever agrees to designated intermediate point(s), one will be offered the selection of such a designated intermediate point or a designated terminal on the tie-up screen.

One final point: record your own weather conditions and observations whenever and wherever possible in your conductor book. You never know when such might help prove that a storm was over.

SEEKING ANOTHER ASSIGNMENT (Applications and Bulletins):

Aside from the bumping process, there are two ways that one is able to obtain another assignment; these are the "Application" process and the "Bulletin" process. While they are in essence the same thing, the basic difference is that an Application is kept on file indefinitely (*), whereas a Bulletin is for six days. Both are accessed via the "T#" function in the computer.

(*) An exception to this exists on Zone 200; see below.

A Bulletin is supposed to be posted in a book provided for that purpose for assigned service jobs, i.e., Granite Switchers, Sidney local, various locals, work trains and any new vacancies thereon. One can recognize that a specific job is up for bulletin when the computer screen shows a five-digit number on a job. The 4th and 5th digits are the calendar day that the bid comes down; if within six days, the bulletin is a "live" bulletin. To observe all of the bulletins for a crew dispatcher’s territory, key in "ZI U5 B" (for 5th district) or "ZI E0 B" (for 4th district). Once filled, the bulletin is withdrawn; any subsequent vacancies would have to be filled by using a new bulletin.

An Application is for a pool freight position, an extra board, transferring between road and yard. Applications are kept in the computer indefinitely, i.e., until you pull down your own application. An exception to this is that in Zone 200 territory, whenever one is re-assigned to a new assignment, CMS is supposed to delete all applications on file. (It will probably take the filing of basic-day claims to educate CMS as to this aspect of our agreement).

Applications are listed in order of your preference. One needs to be aware that, once assigned per an application, such is binding upon the individual to accept. An application may be pulled down at any time, unless it is during the phone call CMS makes to the individual notifying him of the new assignment. Moral of story: pull down applications you do not want. Also, applications are supposed to be honored only if they were on file prior to the vacancy developing.

One can utilize the CMS Computer to add, modify or delete his own applications via the "PS SSN T" command (SSN is Social Security Number). However this is not a very user-friendly function.

Every year all assigned service jobs are re-bulletined on what is known as the Annual Bulletin. The 4th district uses June 1, while the 5th/6th district uses July 10. Bulletins are to be posted six days prior. In all bulletins one must note the date and time of closing, as there is no specific rule on any set closing time, although it is usually 10:00 A.M.

Other ways that an individual can change jobs involve an extra conductor giving up the extra board, which may be done at any time after 30 days on the extra board. Such person must then displace the junior conductor in the freight pool of his choice (e.g., RC04 or RT14 on the 4th or RC56 or RC05 (not RC77) on the 5th/6th). A pool freight conductor may not throw up his pool turn and place on the extra board. An assigned service employee may throw up his assigned service job, but must remain on his job for the life of the bulletin to avoid having to deadhead a replacement employee to the job for the life of the bulletin if on an outlying job

An application between road and yard has to be honored within 17 days of filing (provided the 120 day rule has been fulfilled) or else the employee is entitled to the earnings of where he wants to go in addition to what he is making. CMS learned this one the hard way a number of years ago, so they now are usually very efficient in honoring those requests.


Vacancies on assignments known to be of a 10 day duration (pool freight) or 5 day duration (locals and work trains) are eligible to be filled by a person desiring to work such vacancy. The key element is that the vacancy must be KNOWN to exist for the 5 or 10-day period.

A pool freight conductor taking a week’s vacation is not known to be a 10-day vacancy unless he was marked off for 3 days prior to the week’s vacation. Marked off with a pended status of LV three days later would also be a 10-day known vacancy. Persons who violate this principle (with the surreptitious help of a crew dispatcher) only cause the first out extra man to have a time claim for the job deprived of.

The only restriction placed on eligibility is that a person assigned to a pool may not take a holddown in the same craft in that same pool. Also, the Rawlins local only allows holddowns on the RT77 pool to be filled by extra men from the WX683 XC07 or WX683 RT70 jobs.

One may be bumped off of a holddown at any time by a senior person eligible to take that holddown. The person displaced is automatically returned to his regular assignment, or if on the extra board, to the bottom of the available list. There is no bump board involved when being displaced from a holddown.


Commonly known as the BT04, BT05 and BT07 boards at Cheyenne. Persons thereon need to place themselves on an assignment. The carrier gained the right in the 1996 National Contract (Article XII) to require a bumped person to exercise displacement rights within 48 hours from the time notified of being bumped. After 48 hours the carrier has the right to place the bumped person on the extra board that covered the job bumped from, seniority permitting.



You can get UTU information on the UPRR computer by typing in HE UTU446.  The left column is a list of “message names” in the user group; the center column is the list of descriptions thereof.  To access a file, simply type in the command SW USE MESSAGE NAME UTU446 and then hit enter.  To obtain a printout, type in a Lata Number, tab to the “send” field at the bottom, place an “x”, then hit enter.  If there is information you would like to see entered for use by our Brothers and Sisters, let us know.  If you encounter a message that says you need a password, be advised that the message is simply “under construction”; the requirement for a password will not be needed when completed. Please try later. Note that we also keep the information in a “read-only” mode (password protected) to avoid any unauthorized changes to the messages.


At UPRR, two types of AVR are used.  I am including this article for those, especially the younger members, who might be unaware of the fact that one can get his/her name pronounced to their liking in the event that is not now done.

The traditional AVR features the voice of Mr. Jim Quick, a UP employee, who speaks names and phrases into audio computer files that orchestrate into board standings and train line-ups to, hopefully, let you plan your immediate future.  Jim tries hard to say all of the names correctly, but he is only human (he is not responsible for how the files orchestrate).  If you would like him to improve the way he says your name, or call you by a nickname, call 800-877-0593 and leave him a recorded message.

The outbound AVR is the annoying device that actually summons you to duty.  It is my understanding that an outside contractor to the UP handles such.  It is also my under standing that what you hear is a synthesized voice that can be tweaked if you do not like how it says your name.  You can supposedly get help for this problem at 866-897-7784 or 8-997-3703.



The next few pages contain information from the office of the General Chairman, in the form of letters issued to the Local Chairmen and/or lodge officers. They are reproduced in this publication for your benefit. Contact their office at:

Mr. Dean L. Hazlett
General Chairman UTU
5990 SW 28th., Ste-F
Topeka, KS 66614-4181
(785) 273-7737
fax (785) 273-9380
e-mail: gca@utu953.org
On the web at: http://www.go953.org/


Dated January 16, 2001

To All Local Chairpersons & Secretaries:

This is in reference to a few reported incidents of the Carrier’s attempts to use conductors, brakemen or yardmen as engineers on a trip or tour of duty. The majority of the incidents reported to this office involve promoted engineers who are working in train service as conductors, brakemen or yardmen (switchmen) and are being told by a front line supervisor to run the engine. Such instructions are usually being issued to the individual trainmen in an effort to keep him or her qualified as an engineer over a certain territory or for FRA recertification purposes.

In either event, it is the position of this office that an employee called to work in any of the listed train service positions is not to run the engine or train. If a Company officer desires to recertify, qualify, or give a check ride to a demoted engineer working as a conductor, brakeman or yardman, such employee should be placed in ‘OS’ status and called as an engineer for the trip or tour of duty and paid accordingly. Likewise, his or her vacant position as a trainman should be filled from the extra board or in compliance with the vacancy agreements.

This office can not emphasize strongly enough that at no time should any train or engine movement be made without a train service employee working as a conductor, brakeman or yardman. To do so would be in violation of the Crew Consist Agreement. The same would hold true for any train service employee called as such to voluntarily move over to the engineer’s seat to perform the engineer’s duties.

To ensure the protection of train service positions on this Carrier, please advise all of your members accordingly.


s/ Arthur Martin

Arthur Martin

General Chairman




Dated July 3, 2000

To All Local Chairpersons:

At the present time, paragraph 7 (49 CFR Part 240 (Part III), Engineer Certification) ("Pilots") is of the utmost importance as the Carrier is attempting to use working conductors as pilots for unqualified engineers and/or use engineers as pilots for unqualified conductors. Such action by the Carrier is viewed by the Organization as violating Part 240.231 CFR 240, "Requirements for locomotive engineers unfamiliar with physical characteristics in other than joint operations." Subparagraph 23(b)(1) states "For a locomotive engineer who has never been qualified on the physical characteristics of the territory over which he or she is called to operate a locomotive or train, the pilot shall be a person qualified and certified as a locomotive engineer who is not an assigned train crew member" (emphasis added).

Subparagraph 23(b)(2) further states that "For a locomotive engineer…whose qualifications has expired, the pilot may be any person, who is not an assigned crew member, qualified on the physical characteristics of the territory."

The above FRA directives are very clear that the use of pilots is proper as long as the guidelines are adhered to and as long as the pilot is not an assigned crew member.

The referenced portion of 49 CFR Part 240 were furnished to each Local Chairperson (of GO-953) earlier this year. If another copy is needed, this information can be found at http://www4.law.cornell.edu/cfr/49cfrll.htm.


s/ Arthur Martin

Arthur Martin

General Chairman



Dated May 12, 2000

To All Local Chairpersons:

During a recent conference with Directors of Labor Relations and CMS (Northern and Western Regions), the subject of dropped turns was discussed. At that time, Labor Relations and CMS agreed that the unilateral dropping of turns causes excessive unscheduled and unexpected calls, which in turn causes train and engine service employees to either miss calls or report to work without being properly rested.

As a partial resolution to this problem, CMS agreed to instruct shift managers and crew dispatchers not to drop pool turns until the vacancy procedures as prescribed in Road Schedule Item 43(d) have been followed. Paragraphs 7(a) and (b) of item 43(d) state:

(a). When the conductors’ extra board is exhausted, vacancies will be filled by the senior conductor available at calling time with written application on file.

(b). If no conductor with written application on file is available, the junior promoted conductor available at calling time will be used.

When an employee receives an unexpected call to service, he or she should ask the crew dispatcher why the call is so far outside the projected call time and whether the proper vacancy procedures have been exhausted. Violations of Item 43(d) should be reported immediately to the Local Chairperson as well as the appropriate CMS Director: Tom Dein for the Northern Sector, or Julian Caldwell for the Western Sector.

A complete, written report of dropped turns should also be promptly furnished to this office.


s/ Arthur Martin

Arthur Martin

General Chairman



Dated May 17, 2000

To Local 446 Secretary:

This is in reference to your letter of May 12 under lodge seal requesting that "the General Chairman endeavor to obtain an agreement with the carrier that an employee be allowed to stay at the home point at his choosing, if being forced to another location would result in a junior employee at that point becoming furloughed from that location.

We presently have an agreement in place which covers the request of Local 446 as outlined above.

Employees hired after September 21, 1988, are covered under Section 4 of the Zone 200 agreement. Paragraph 2 thereof states: "When an employee is cut off at their home point or is furloughed at their ‘Home Point’, if their services are not needed at any other location where they hold seniority (yard or road), they will be given the right to remain at the point where cut off or ‘Home Point’, subject to the following conditions:"

The remainder of Section 4(2) of the Zone 200 agreement (subsections a through g) outline those conditions referenced above and are patterned after the language contained within the "Stay At Home Agreement-Wyoming Division" (Item 92 (a-6)) dated January 8, 1973.

Employees hired prior to September 21, 1988, are covered by Item 92(a-6) and Section 6(2) of the Zone 200 Agreement which states, "The carrier cannot require a prior rights employee to transfer to any point outside the employee’s prior right seniority districts."

Therefore, the request of Local 446 is already covered by existing agreements. We will notify the Carrier to properly apply such agreements.


s/ Arthur Martin

Arthur Martin

General Chairman



Dated February 1, 2001

To Yard Local Chairman:

This is in answer to your telephone call of January 29 wherein you posed the following question to this office:

If a Seventh District prior right employee bid on the annual bulletin on the Sinclair Local using his Zone 200 seniority, would he be able to give the job up after 120 days and transfer to another road district?

(Letter went on to quote various rules and rulings dating to 1941)

Thus, the clear intent of the agreements of December 19, 1983 and June 3, 1996 were to allow only an employee who was forced to the Sinclair Local to give up the assignment under Rule 92(15). As your question deals with an employee who voluntarily bid on the Sinclair Local on the annual bulletin, it would be my opinion, based on a research of the files, the language of the agreements involved, and past practice, that he would not be able to voluntarily give up the assignment.


s/ Arthur Martin

Arthur Martin

General Chairman



Dated September 21, 2000

To Yard Local Chairman:

Per our recent telephone conversation, following are answers to the following questions:

If an employee transfers by bidding from yard service to a bulletined assignment in road service and that assignment is subsequently abolished, may that employee return to yard service? Answer: No, not until the expiration of 120 days under Section 4(b) of the Agreement effective June 23, 1962, subject to Section 3 of the Agreement dated March 12, 1964.

An employee was holding a regular bulletined assignment when the assignment was abolished, and transfers to yard service. If the previous road assignment is rebulletined at a later date, may such employee return? Answer: No, not until the expiration of 120 days under Section 4(b) of the Agreement effective June 23, 1962, subject to Section 3 of the Agreement dated March 12, 1964.

If you have any further questions on this issue, do not hesitate to contact this office.


s/ Arthur Martin

Arthur Martin

General Chairman



Dated May 8, 2000

To Yard Local Chairman:

Per your conversation with Senior Vice Chairman Draskovich and your earlier e-mail concerning work required to be performed by the Granite Road Switcher (WX510 AT05), it is the position of the Committee that the BN transfer work is permissible under the provisions of Rule 58 and Article VII, Section 1(a) of the 1991 National Agreement as long as the job works both in the yard and on the road on any scheduled day.

However, such work would not be permissible for any day that the job works exclusively in the yard (doing BN Transfer Traffic as bulletined) without departing the terminal. In those instances, the road crew should put in as additional claim under Road Schedule 32(K) for one hour arbitrary (pre-85 employees only) plus actual time (all employees). Likewise, the first out yard extra board employee should submit a claim for a day’s pay under Yard Rule 31.


s/ Arthur Martin

Arthur Martin

General Chairman



Dated May 8, 2000

To Yard Local Chairman:

In response your letter of June 29 concerning work required to be performed by the Granite Road Switcher (WX510 AT05), it is the position of this office that per awards on this property, combination switch and road service working under Rule 58 can be used in dogcatch service.

Since spotting Teton Lumber and ballooning the power for the MCYOG-17 is work not "in connection with its own train," it would be in violation of Rule 58 and Article VII, Section 1(a) of the 1991 National Agreement. In an effort to resolve these agreement violations, this office will contact Labor Relations. However, until that time, it is vitally important that your members continue to submit timeslips for these violations.

Concerning work being performed by the yardmasters, this office will contact the appropriate General Chairman for the yardmasters and apprise him of the situation. It is suggested that you advise the yardmasters in question that they are violating the provisions of our 1992 Crew Consist Modification, particularly "NOTE 3" on page 3, which states in part, "No Carrier supervisor, official (including yardmasters), or non-craft employee will be used to supplant or substitute in the exclusive work of any train or yard crew working under the UTU Agreements" (emphasis added).

For these violations, time claims should be submitted for the first out switchman on the switchman’s extra board.


s/ Arthur Martin

Arthur Martin

General Chairman



Dated March 7, 2001

To Vice Local Chairman at Rawlins concerning his request to hold prior right Cheyenne trainmen that have turns in the RC77 pool for 120 days under the Zone 200 Agreement for the purpose of transferring them to Local 866 to get their dues money:


(Letter went on to quote various rules;)

Therefore, in line with your request that I make an expeditious ruling in this matter, it is my ruling that Section 6(1) of the Zone 200 Agreement is not applicable to Section 11(b) of Award 1 or Arbitration Board 525.


s/ Dean L Hazlett

Dean L Hazlett

General Chairman

Explanation: Article 47(b) of the UTU Constitution would permit Local 866 to request transfer of any member who has worked the RC77 board for 90 consecutive days; a member just cannot be arbitrarily held on the RC77 board by Local 866 for 120 days under Section 6(1).



Dated October 5, 1998

To All Local Chairpersons:

As you may know, the Carrier has taken the position that crews can be utilized for multiple Hours of Service relief (turnaround service) outside the provisions of Rule 31 for multiple trips out of the terminal and additionally, that crews used for such service are not subject to Rule 67 (Automatic Release). For the reasons stated in my letter of September 17 (previously furnished), the Carrier’s position is incorrect.

The Carrier’s position was outlined in its letter of August 13 (also previously furnished) as follows, "it is the Carrier’s position and as noted in our discussions and your Organization’s appeals, Rule 31 is a call rule. Thus, if a crew is not called and notified they are being used under the provisions of Rule 31, it does not apply."

Therefore, any employee who is informed that he or she is being called for multiple Hours of Service relief and/or dogcatching service should ask if they are being called under Rule 31. If not, a claim should be submitted for a new basic day for each additional departure from the terminal under the provisions of Rule 67. A claim should also be submitted for the first out extra board employee who stood to be called for each additional trip out of the terminal.

It is very important that these claims be well documented with all information necessary to process same to arbitration, if necessary.


s/ Arthur Martin

Arthur Martin

General Chairman




Written by J. G. Schmechel

The summer of 2004 has brought forth numerous rumors concerning the fact that another union wants to represent the trainmen. The next few pages will sort out the facts from the rumors so that you can judge for yourself that the United Transportation Union is the one union that can best represent you, the trainman or the engineer.

We in the UTU must remind ourselves why we even have a union in the first place. Not every person who becomes employed by UPRR at first realizes why a union is an absolute necessity. Do not kid yourselves; if it were not for the union brotherhoods, our workplace environment would certainly not be what it is today. Our pay and working conditions would be terrible. If not for the union, we would be considered "at will" employees, who would work here only at the will of our employer; pay would be what the employer wants to pay us, working conditions would be only what the employer wants. An example is found by the fact that beginning in October, 2004 managers will be paid monthly instead of semi-monthly; this is something arbitrarily forced on them, they have no say in the matter. If we had no union, who knows what kind of shenanigans they would pull on us.

A railroad carrier has two basic on-going expenses, employees and fuel. They do not pay their employees what they do simply because they are benevolent and have deep pockets and good hearts. Your pay and working conditions are what they are because of the labor organizations, past and present, that have worked hard to forge what we have today. Is it perfect? Do we get everything we ask for? No, and it never will be. But the UTU will keep trying, one issue at a time.

Many who come to work for the railroad come from backgrounds that were non-union, or maybe even anti-union. And we live in a right-to-work state (more properly stated, "right-to-work-for less"). But like it or not, there is a law called The Railway Labor Act (RLA), which trumps the right-to-work laws of the various states. Because of that, we have a union shop agreement; the unions will represent the various classes of employees and they will belong to those unions. As a result, labor contracts have been written and enforced for over a century.

The RLA has one main purpose, to keep the nation’s commerce moving. It forbids us from arbitrarily striking an employer in an effort to improve the employees’ position. The RLA does provide for an option to seek self-help (i.e., go out on strike), but only after certain conditions have been met; and it also provides for the government to step in to resolve an issue if the parties cannot. So it behooves the parties to work together to try to resolve issues on their own to try to keep the government out of our affairs. Our 1991 contract was the result of the government appointing carrier-friendly neutrals (an oxymoron) to write our contract. Thinking we were overpaid enough already, we were literally spanked by those neutrals. This only served to perpetuate the damage started by the ill-fated 1982 strike by the other union over their being the highest paid crew member, which resulted in the Van Wart Study Commission, which highly favored the carriers.

When labor organizations seek self-help outside the framework of the RLA (i.e., wildcat strike), carriers have been known to get injunctions against such organizations to do two things; the first is to end the illegal walkout, the second is to recover the revenue they think they lost by that illegal walkout. If the carriers were to be successful in getting that recovery, where would they get the money? Don’t kid yourself; they would put a lien on all the property owned by the various brothers, you, me and all of us in the organization that struck. The bottom line is that a labor organization has to be very judicious in what it goes out on strike for. That is one of the strengths of the UTU.

The other organization seeking to obtain the contract for trainmen found out first-hand recently what a wildcat strike can do. In 1996, they got personal leave days as a part of their contract; there was a stipulation that in order to qualify for the PL days each year, they had to work 150 days in the previous year. At first the carrier did not enforce that. When they did, a wildcat strike of several hours duration was the result. In an effort to forestall the placing of liens on all its members, their general chairmen reached an agreement with the carrier that raised the number of days worked in order to qualify, and provided that the carrier could deny the taking of PL days, but that denied days could be put in a bank that will be paid off upon retirement or death. It is hard for a UTU member to see where there was a positive result of that strike, if a substandard agreement was a result thereof. Essentially it was an agreement via blackmail.

Now this same organization has merged with a truckers’ union in order to have "strength in numbers." This is the same truckers’ union that could NOT organize Overnite Trucking, a former subsidiary of your employer. Do you honestly believe that if the other organization goes out on strike over an issue, say overtime for post-85 employees, that the nation’s truck drivers will respect that position and also go out on strike? And do you think that if the non-RLA truck drivers strike over some trucker issue that the trains will come to a halt because the other organization is affiliated with them? Whatever Congress and the President do won’t be pretty. Truckers are NOT covered by the RLA! There is no law against truckers interrupting commerce.

There is a rumor that the nation’s carriers will be seeking to implement a one-person crew on an over-the-road train in the next round of bargaining. Yes, the technology is there to have the trains move via a GPS-connected computer. Efficiently? Probably not. Rest assured the carriers will be willing to spend any amount of money to get out from under the burden of what they consider excessive employee expense. While the next Section 6 notices have yet to be served, this is probably a true rumor. GPS and computers would replace the engineer, not the conductor, just as it was arbitrated in RCL operations that the trainmen gave signals to a microprocessor rather than an engineer.

When the UTU has negotiated contracts involving crew reduction, history has shown that all employees on board when the contract is consummated are protected. The 1984 and 1991 crew consist agreements and the RCL agreement are three examples. If the UTU negotiates the one-man, over-the-road crew agreement, protection will be provided, buyouts will be negotiated, reserve boards will be implemented. We have done it in the past; we will do it again. Our heritage as a labor organization that protects its members (and others) will prevail. Even though the other organization doesn’t want to admit it, the RCL agreement negotiated by the UTU even afforded protection for members of that other organization, should they be affected by the reduction of in the number of yard engineers. Did the UTU have to do this? No, it did it because it was the right thing to do.

Undoubtedly you will, if you haven’t already, hear arguments proffered by members of this other organization that they can do a myriad of things for you, if only they held the contract for the trainmen. Most likely the younger members will bear the brunt of these ramblings. If nothing else, bear in mind that this organization has younger members in its own ranks, and it has not delivered on any of these idle promises for its younger members. It’s better that they walk the walk than talk the talk. But the leadership of the other organization doesn’t want to walk, they want to ride; that is why they are so good at getting "me too" agreements from the carriers, agreements that the UTU has already negotiated for them. Without the contract, they cannot legally even process a time claim in a trainman’s behalf or seek redress from an unjust discipline. (An exception was the 1982 contract that resulted in the Van Wart Study Commission).

They might present you with an "A-card" in an attempt to get you to sign it. An A-card is a petition for a certification election to be held on a property, i.e., Union Pacific. If a sufficient number of A-cards are returned to the National Mediation Board, a representation election will be held. If that comes to pass, then either the UTU or the trucker’s union will hold the contract for both trainmen and enginemen. In the event neither organization would get a majority of the ballots returned, both unions would become decertified, and we would all become "at-will" employees. All of our current agreements would be trashed and the carrier(s) would be free to set your pay and your working conditions as they deem proper! You would have no person to appeal your dismissals and your pay shortages. But then you would be on a salary and you would work every day…it would be terrible!

If one organization is selected in a representation election, the other organization turns its contracts with the carrier over to the winner. The other organization will not be as zealous in guarding the trainmen’s contracts as it would the engineer’s contracts; their members will come first. The UTU has craft autonomy that protects engineers equally as well as trainmen. Nothing like that exists in the engineer’s union!

President Thompson of the UTU stated in a letter to me dated August 5, 2004, "While I cannot specifically direct individuals as to whether or not to sign an "A-card", I would strongly urge them not to do so." I had previously asked him specifically what actions we UTU members should take if presented with the dilemma of signing an A-card.

This other organization will make every attempt to discredit the UTU in its effort for survival. There is basically only one answer we can give to any of their arguments: "If your organization is worried about survival and having strength in numbers, you should merge with the UTU to achieve those goals. We work together on the job for our employer, we can work together as one organization for ourselves!"

So please do not be misled by their "talking points and yeah buts," as that is idle chatter. If you look behind each one of their talking points, you will find the rest of the story, not quite like they portray it. The engineers are being misled by the trucker’s union, which is struggling financially; they only see railroaders as a financial shot in the arm for their organization. They want to raise dues and steal the Railroad Retirement Funds, through a change in the law. Look at the other unions that disaffiliated with the trucker’s organization when they found out that the trucker’s wasn’t really going to represent them. Look at the fact that the truckers organization could not even organize Overnite Trucking (something the UPRR is very proud of – the ONLY union trophy on Dick Davidson’s wall). History does not need to repeat itself.

Yet the UTU was able to successfully finish negotiating the current contract, which did rectify much of the disparity between the post and pre-1985 employees through trip rates. They did this in spite of the fact that the current administration and congress is very labor unfriendly; the carriers could have thumbed their nose at us, forcing a strike, but it didn’t happen. The UTU ratified the contract; the carriers thought (and hoped) we would not ratify. It is the same contract that the other organization publicly denounced when we first initialed, but were all too glad to accept when they realized what their other options were. They have yet to prove they can do better than the UTU!

The bottom line is that we need to be proud of our UTU membership. It is the cornerstone of a very decent employment relationship. The same RLA binds the carriers into cooperating with its unions to avoid the interruption of commerce. Please do not throw it away on a whim that you might be able to do better down the street. The other organization has refused repeatedly attempts to merge with the UTU (which would have been strength in numbers) because their egotistical stance that they are "better" (at the organization level, not necessarily by individual persons) than trainmen. They have only recently changed their name to include your occupation, and that’s what they want to do, is to occupy the craft of trainmen in the same manner that nazi Germany occupied Europe.

We in the UTU have the strength in numbers and knowledge to successfully negotiate with the carriers. But we cannot let our guard down. Remember that the carriers have the unlimited resources to thwart many of our desires, so negotiating is never any easy process for any organization. The organizations rely on dues contributed by their members as their only resource.

When the time comes to test our resolve, please represent the UTU as the UTU has represented you. Please be proud of your UTU membership. And remember, you only find utopia in the dictionary.



The following is reprinted from General Chairman Hazlett’s website:



       In a recent article in the UTU news, International President Thompson advised all members that the BLE/Teamsters have begun an all-out "nationwide raid" of the UTU. 

       As recently as July 14, the BLE/Teamsters issued fliers to the homes of UTU members touting the benefits of joining the BLE/Teamsters.  Some of the so-called "benefits" follow:  

       Alleged benefit:  "A tradition of successful representation of transportation industry workers."   Truth:  Those of us on the Union Pacific have only to look at the UP Corporation’s 2002 annual report to see how successful the Teamsters were when negotiating with a railroad entity.  That report states, "The Teamsters’ eight-year campaign to organize OTC’s (Overnight Trucking Company) service centers has become almost dormant, and since October 2002, the Teamsters have lost rights to represent 41% of the approximately 2,100 employees they had organized. The Teamster had become the bargaining representative of the employees at 26 of OTC’s 170 service centers, but employees at 17 of these locations have voted to decertify the Teamsters, and the NLRB has officially approved the votes in 14 of those locations.  Decertification petitions are pending at four other service centers.  Only a single representation petition currently is pending, but due to strike violence charges pending against the Teamsters, the NLRB has blocked the Teamsters’ efforts to precipitate an election."  Efforts by the Teamsters since have all but gone away.  Another "successful representation" effort that the Teamsters do not talk about is the "success" they had negotiating a contract for the flight attendants on Northwest Airlines, who recently disaffiliated with the Teamsters.

       Alleged benefit:  Current UTU members can "obtain the same level of job insurance" with LMPCA and BRCF insurance.  Truth:  While the coverage might look the same as the UTUIA, coverage is only good if the Company "pays off" at the time of need.  One good example of how the BRCF treats its members is the case of a UTU member who was fired by the Carrier several years ago for sleeping, even though the Carrier officer admitted at the investigation that Claimant was standing up and, in fact, opened the door when approached.  Even when presented with the clear-cut testimony that the Claimant was not sleeping, the BRCF denied the claim, stating that they do not pay for sleeping.  Luckily for the member, UTUIA did pay him and subsequently, this Committee won his case in a PLB with full back pay. 

       Alleged benefit:  "If BLET-Teamsters is chosen as the certified representative of the Conductor or Trainman craft on any railroad, all Trainmen agreements will be preserved." Truth:  History shows that the BLE’s word cannot be trusted.  Former conductors on the Via Rail in Canada have been awarded as much as $230,000 (Canadian) each as a result of the BLE being found guilty of "unfair labor practices" after promises made to those conductors, prior to a representation vote, were not kept.  In defense, the BLE denied making "promises" but rather "campaign rhetoric" and that they (BLE) "cannot be held accountable for what was said during a campaign and there can be no reasonable expectation on the part of UTU members that they would obtain all that had been promised."  The same sad scenario also happened to conductors on the former SOO line.  In both cases, the promises made by the BLE then, are the same promises that the BLET/Teamsters are promising now.  Buyers beware. 

       While the BLET hierarchy glorifies the benefits of joining with the Teamsters in their mailing, "Why BLET/TALKING POINTS AND ‘YEAH BUTS,’" the information given out, as usual, is very slanted and deceptive.  While they state that the IBT is not broke, but has "a $140 million annual budget which gives them the resources to be in the ball game," the truth of the matter is while they might budget $140 million annually to spend, according to the 2003 LM-2 report filed by the Teamsters, at the end of 2003 they had (negative) -$7,823,351 in assets.  Likewise, when the BLET brags that the Teamsters are great organizers, according to the Teamsters for a Democratic Union (TDU), since President Hoffa took over in 1999, the Teamsters have lost over 100,000 members and since had to raise dues and seek out mergers with non-trucker unions to bolster their membership.  And while the Teamsters try to promote the idea that they have changed from doing business the "old way," articles found on the TDU.org web site suggest otherwise. 

       Truth:  The Teamsters have already broken the Central States Pension Fund, cutting benefits to their retired members, and are now looking at ways to replenish the pension fund by any means possible.  Brothers and Sisters, do not be fooled; this is not the same battle that has been waged over the years between the BLE and UTU.  This is a battle between a non-rail union (Teamsters) and all rail unions to obtain and keep control to the coffers which belong to the railroad workers and their retirees. 

       This office urges you to enlighten your fellow employees to the dangers of letting this piranha into the pool.  Don’t just take our word for it:  go to www.tdu.org, do the research, and see what honest and good members of the Teamsters are saying and doing to try and clean up their union.  It’s not too late; according to Article 6.26 of the BLE/Teamsters Merger Agreement, either Union may withdraw from the merger at any time before December 31, 2005.  The time is now to put the truckers back on the highways.  Talk to your fellow railroader!


The following letters were exchanged between UPRR and General Chairman Hazlett regarding representation:


December 15, 2003

Mr A T Olin
Gen Director - Labor Relations
Union Pacific Railroad Co
1416 Dodge Street, Room 330
Omaha, NE 68179

Dear Sir:

It has been brought to the attention of this office that once again, the Carrier is allowing BLE representatives to argue and process trainman grievances.

Enclosed for your review is a copy of PLB 5604, Award 73, wherein BLE General Chairman Young processed a discipline case for Green River Yard Foreman J E Westlake for final adjudication before Neutral Robert M O’Brien. Additionally, on December 10, 2003, Labor Relations Director Sharon Boone informed this office that BLE General Chairman Tim Donnigan, in a five page letter, informed her that he had and could handle trainman grievances.

As in the past (see correspondence between Eickmann-Lambert 2/9/98; Martin-Raaz/Loomis 1/31/00; Martin-Raaz 2/15/00; Martin-Raaz 3/30/00; Martin-Raaz 9/20/00; Hazlett-Thompson 6/3/03; and Hazlett-Tamisiea 6/3/03), it is the position of this Committee that under the UTU collective bargaining agreements and the Railway Labor Act, only this office has the right to process and handle trainman/switchman/fireman grievances for the Union Pacific Railroad, Eastern & Northwest Districts (c, e, t & y). In support of this position, I would refer you to United States Supreme Court decision Paul G Landers v National Railroad Passenger Corporation; US District Court, Northern District of Illinois – Eastern Division decision T V Ryan, Robert J Katcher, Gary P Strack, Julius D Mann Jr, and W K McKenzie v UPRR & UTU

It is requested that you advise your subordinates, as well as all operating divisions and BLE officers, especially General Chairman Donnigan, that the UTU is the only Organization authorized to represent and/or progress claims, either discipline or other grievances, for train service employees on this property, and that no other Organization is the certified bargaining representative for the craft and class of train service. Be advised that any positions or interpretations which may be taken by another Organization on claims or grievances for train service employees are outside the scope of that Organization’s jurisdiction.

Your immediate attention and reply is expected and appreciated.


Dean L Hazlett
General Chairman







January 8, 2004


Mr. D L. Hazlett
General Chairperson UTU
5990 South West 28th Suite F
Topeka KS 66614-4181

Dear Sir:

This refers to your letter dated December 15, 2003 to General Director Labor Relations A.T. Olin concerning the BLE Organization progressing discipline and/or rules claims on behalf of operating craft employees other than locomotive engineers.

Mr. Olin has referred your letter to us for review and further handling. In previous correspondence dated September 2, 2003, Carrier concurred that you are the duly authorized Organization regarding UTU collective bargaining agreements under your jurisdiction. In addition hereto, the BLE General Chairmen have been advised of the procedurally defective and inappropriate handling of claims/grievances and/or discipline of train service employees involving the UTU collective bargaining agreements. Our position remains unchanged.

If you have any further questions regarding this, please do not hesitate to contact us at your convenience.

Yours truly,

F.A. Tamisiea
Director - Labor Relations

S.F. Boone
Director - Labor Relations