LOCAL 446

HANDBOOK

FEATURING

Contract and Pay Information
Benefits and Healthcare
Governmental Matters

Compiled by

John G. Schmechel
Lodge Secretary

ATTEND YOUR UNION MEETINGS

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
and
David B. Kiker (Retired), UTU Designated Legal Counsel
And the Law Firm of

Rossi, Cox, Kiker & Inderwish

800-325-4014

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

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 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.

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:

paid at overtime rate unless ITD + FTD is

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:

Index
ASSIGNED LOCAL: (Rule 50 UTU Schedule)

Index
CONVERTED LOCAL: (Rule 50 UTU Schedule)

Index
ZONE LOCAL: (Rule 58 UTU Schedule)

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"

Index
WORK TRAIN: (Rule 62 UTU Schedule)

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

Index
WORK, WRECK, HELPER, PUSHER: (Item 68 Yellow Pages UTU Schedule)

See page 20 for conversion to Guthrie Service