QUESTIONS AND ANSWERS - BLE PORTLAND HUB ZONE 1

Article I - PORTLAND HUB

Q1.       Article 1 identifies the three zones for this Agreement.  Do all the provisions of this Agreement apply to all three zones?

A1.       No, while all three zones are mentioned in Article I, the Agreement covers Zone 1 unless specifically stated otherwise in a given section.

Article II - SENIORITY AND WORK CONSOLIDATION

Q2.       How long will prior  rights be in effect?

A2.       They will be phased out over a six year period.

 

Q3.       Are full time union officers including full time state legislative board representatives, Company officers, medical leaves and those on leave working for government  agencies covered under Article II, C?

A3.       Yes.

 

Q4 .      Article II (M) refers to yard assignment allocations with respect to prior rights.  How are assigned yard work trains treated?

A4.       Assigned yard work trains are part of the allocation.

 

Q5.       Article II (H) requires engineers to protect all assignments  with a home terminal within a thirty mile radius of the Portland Terminal limits.  Can you give some examples of how that will work for both regular and extra board assignments?

A5.       The first criteria is that the home terminal must be within  thirty miles of the terminal limits.  The away from home terminal may be outside the thirty limits so an employee as part of his/her assignment may travel outside the thirty miles.  For example.

Example 1: A pool runs from Portland to Hinkle.  This assignment is within the thirty mile limit even though it has an away from home terminal at Hinkle, outside the limits.  Therefore all 1st, 2nd and SP prior right engineers could be required to protect the assignment.

Example 2: A southbound pool assignment dies on the hours of service 40 miles north of Portland.  While the train is not within the thirty mile zone, the extra board on duty point is at Portland.  As such, if the extra board is used to dogcatch the train, the first out employee would be used, even if an SP prior right employee.

Example 3: A road switcher with an on duty point 45 miles north of Portland goes no bid.  An SP prior right employee on the protecting extra board at Portland could fill the assignment pending the force assignment of an engineer because that is one of the duties of the extra board, but a SP prior right employee could not be forced to the vacancy as the permanent occupant.

Q6.       If Article IX of the 1986 National Arbitration Award is amended in the future, what will govern when that Article is mentioned in this Agreement?

A6.       As in all cases, amendments to agreements govern unless previous rules are specifically retained in a savings clause in the amendment provisions.

 

Q7.       In Article II (E) (4) what are some of the assignments that are non-pool and non-yard in the thirty mile zone.

A7.       At the time of printing this document there was a Vancouver Local, two garbage trains and one Oregon City road switcher.

 

Q8.       Do SP leaves of absence agreements remain in place for those engineers who are currently on a leave?

A8.       Yes, SP leaves of absence agreements shall continue in force for those engineers on a leave on the date of implementation until they return to service.

 

Q9.       If an SP engineer on a leave of absence returns to service and an engineer senior to him/her has been forced to Dunsmuir does the returning junior engineer have to replace that forced engineer?

A9.       Yes, the junior engineer must relieve a senior engineer with a request to return and the junior engineer will have the same rights to file a request to return within the time limits of that agreement.

ARTICLE III - POOL OPERATIONS

Q10.     What will be the mileage paid in the Portland to Oakridge and Oakridge to Klamath Falls?

A10.     The mileage paid will be the actual mileage between the two points of the assignments.  The points will be from the Albina yard office to Oakridge and from the same point at Oakridge to Klamath Falls using the time table.  It does not matter if the engineer picks up his/her train at other location in the Portland terminal, the mileage shall be the same.

Q11.     Will existing pool freight terms and conditions apply on all pool freight runs?

A11.     No. The terms and conditions set forth in the surviving  collective bargaining agreements and this document will govern.  For example, the basic Idaho ID provisions governing overtime, initial terminal delay, held away from home time, etc will apply to the pools in accordance with the engineers eligibility for those provisions based on his/her seniority. 

 

Q12.     Does this agreement affect The Dalles as a home terminal for work to Bend and  short pool service to Hinkle?

A12.     No, however it does not prohibit the implementation of other service in accordance with the controlling CBA or National Agreement provisions that does not use The Dalles as a home terminal.

 

Q13.     During the one year period covering the use of longer applications procedures for moving new assignments to Portland and Oakridge in Article III (C) (Note), how will the pool be regulated?

A13.     The pool will be regulated in accordance with the provisions of the CBA.  Engineers must understand that the longer application process may result in the pool running short while waiting for additional engineers to relocate and the extra board will be used first to cover the vacancies.

 

Q14.     Does the one year period in Article III (C) (note) refer to moving allowance eligibility?

A14.     No, only to the period for a longer application process.

ARTICLE IV - EXTRA BOARDS         

Q15.     How many extra boards will be combined at implementation?

A15.     The Portland extra boards have a phase in time table for consolidation.

 

Q16.     Are these guaranteed extra boards?

A16.     Yes. The pay provisions and guarantee offsets and reductions will be in accordance with the  surviving CBA guaranteed extra board agreement.  The Eugene and Oakridge extra boards will also be governed by the surviving CBA.

ARTICLE V - TERMINAL CONSOLIDATIONS

Q17.     Are the national road/yard Zones covering yard crews measured  from the new Portland terminal limits  where the yard assignment goes on duty?

A17.     No, see the August 7, 1987 Agreement that extended the limits for the UP mainline limits.  Crews that go on duty at Brooklyn will now be able to go North and East from Portland and those on duty on former UP areas will now be able to go South from Portland.

 

Q18.     Are foreign interchanges within the UP Portland terminal?

A18.     The National Agreements permit crews to receive and deliver trains to foreign carriers even if outside the home carrier’s “terminal”.  There is a larger “terminal” at interchange points that includes all the trackage of all the Carrier terminals at that location.  As such at Portland, a crew may receive and or deliver a train to any of the locations that were permissible prior to the merger by either the SP or UP.

 ARTICLE VI - AGREEMENT COVERAGE

Q19.     When the surviving CBA becomes effective what happens to existing  claims filed under the other collective bargaining agreements that formerly existed in the Portland Hub?

A19.     The existing claims shall continue to be handled in accordance with those agreements and the Railway Labor Act.  No new claims shall be filed under those agreements once the time limit for filing claims has expired for events that took place prior to the implementation date.

 

Q20.     Are any constructive miles or trip “guarantee” paid in pool freight service retained?

A20.     Yes, however only to those engineers currently eligible for them.  If an engineer on the Second District is eligible for them on that District and moves to a pool turn in the  Seattle-Portland Pool they shall not be eligible for constructive miles or “guarantee” in that pool.

 

Q21.     Article VI (B) (1) refers to turnaround service being performed at home terminals by pool crews.  Does this rule require that they be called before or after extra board crews are called?

A21.     No, at the home terminal of the assignment,  if the extra board is exhausted regular vacancy procedures apply.

 

Q22.     Is Article VI (D) (1) a short turn around rule?

A22.     No, it is a through freight provision which enables an engineer to get his own train outside the terminal and run on through the terminal.

 

Q23.     The same section calls for multiple trips in one tour of duty.  If the extra board rule and pool freight rule differ on the procedures to be used in multiple trips, what rule governs?

A23.     The extra board rule governs when the extra board is called and the pool rules govern when a pool crew is used.

 

Q24.     Can the separate 2nd and 3rd District extra boards be used on both sides of Hinkle upon implementation of this agreement?

A24.     Until zone two is covered by an agreement/award the Hinkle extra boards will not be used on both sides, except when the 3rd District board is used when the 2nd district board is exhausted.  However when the 2nd District extra board is filled by 3rd District engineers then the engineers on that extra board can go West of Hinkle.

 

Q25.     When can extra boards at Portland perform this service in any direction?

A25.     When the 1st and 2nd District boards are combined they can cover both of their former areas and when the SP board is combined then the remaining board can go in all directions.  If an extra yard assignment is called in accordance with road/yard provisions then that assignment off the consolidated board can go in all directions.

 

Q26.     How far can an extra board go in performing this service?

A26.     Existing division points for extra boards will be used.

 

Q27.     Are fence Agreements covering The Dalles and Bend retained?

A27.     Yes, and will be considered part of the controlling CBA.

 

Q28.     Will the August 10, 1994 Temporary Transfer Agreement be retained?

A28.     Yes, since engineers are currently working outside the Hub under this Agreement, the parties have agreed to retain it.

 

Q29.     Do the references to Local Chairman refer only to BLE Local Chairmen?

A29.     Yes.

 

Q30.     What are the miles paid if an Engineer goes to the BNSF at Vancouver to get a train to go to Oakridge?

A30.     The actual additional miles run with train and or engine from the BNSF facility to the Albina yard office shall be paid whether getting or leaving a train in interchange.

 

Q31.     If a road crew picks up, in interchange, a train from the BNSF at Vancouver is it in the 25 mile zone?

A31.     No, this is an interchange movement that is permitted even if the 25 mile zone provisions did not exist.

 

Q32.     What if the road crew picked up a UP train at Vancouver, not in interchange from the BNSF, is that covered under the twenty-five mile provisions?

A32.     Yes, since it is outside the UP terminal and was not received from a foreign Carrier.

 

Q33.     How will vacations for the remainder of 1998 be handled?

A33.     They will continue to be handled under the CBA that  covered them at the beginning of the year.  Vacations for 1999 will be scheduled at the end of 1998 under the provisions of the Idaho Agreement.  In scheduling vacations for 1999 the SP  and UP  assignments at the Portland terminal shall be scheduled as two separate groups. The extra boards, if not consolidated by scheduling time, shall be scheduled with their respective group. If consolidated they shall be scheduled with the UP assignments. Beginning the next year all employees at the Portland terminal shall be scheduled as one group.

 

Q34.     Will the Carrier  provide copies of the Idaho Agreement as currently printed. 

A34.     Yes, In addition the parties will meet and review the current printing and prepare a list of amendments to that CBA and reprint a new CBA and the Carrier shall distribute the new reprinting.

 

Q35.     Does the 25 mile zone in Article VI (D) (1) start from MP 17 on the UP main line?

A35.     No, it starts from the same point as the road/yard zone which is 12.25 (Graham)and 14.5(Kenton).

 

Q36.     If a crew in the 25 mile zone is delayed in bringing the train into the original terminal so that it does not have time to go on to the far terminal, what will happen to the crew?

A36.     Except in cases of emergency, the crew will be deadheaded on to the far terminal.

 

Q37.     Is it the intent of this agreement to use crews beyond the 25 mile zone?

A37.     No.  The engineer would be operating off assignment.

 

Q38.     In Article IV(B), is the ½ basic day for operating in the 25 mile zone frozen and/or is it a duplicate payment/ special allowance?

A38.     No, it is subject to future wage adjustments and it is not duplicate pay/special allowance.

 

Q39.     How is a crew paid if they operate in the 25 mile zone?

A39.     If a pre-October 31, 1985 train/engine service seniority date employee is transported to its train 10 miles south of Oakridge and he takes the train to Portland and the time spent is one hour south of Oakridge and 10 hours 30 minutes between Oakridge and Portland with no initial or final delay earned, the employee shall be paid as follows:

A. One-half basic day for the service South of Oakridge because it is less than four hours spent in that service.

B. The road miles between Oakridge and Portland.

C. Overtime based on the miles run between Oakridge and Portland divided by 20 for the time up to the 10 hours and 30 minutes worked between those two points.  (For example if the miles between Oakridge and Portland were 168 then overtime would be after 8 hours and 24 minutes for an overtime payment of 2 hours 6 minutes.)

 Q40.     Would a post October 31, 1985 train/engine service employee be paid the same?

A40.     No.  The National Disputes Committee has determined that post October 31, 1985 train/engine service employees come under the overtime rules established under the National Agreements/Awards/Implementing Agreements that were effective after that date for both pre-existing runs and subsequently established runs.  As such, the post October 31, 1985 engineer would not receive the  overtime in C above but receive the payments in A & B.

 

Q41.     How will initial terminal delay be determined when performing service as outlined above?

A41.     Initial terminal delay for crews entitled to such payments will be governed by the applicable collective bargaining agreement and will not commence when the crew operates back through the on duty point.  Operation back through the on duty point  shall be considered as operating through an intermediate point.

ARTICLE VII - PROTECTION

Q42.     What rights does a engineer have if he/she is already covered under  labor protection provisions resulting from another transaction?

A42.     Section 3 of New York Dock permits engineers to elect which labor protection they wish to be protected under.  By agreement between the parties, if a engineer has three years remaining due to the previous implementation of Interdivisional Service the engineers may elect to remain under that protection for three years and then switch to the number of years remaining under  New York Dock.  It is important to remember that a engineer  may not receive duplicate benefits, extend their protection period or count protection payments under another protection provision toward their test period average for this transaction.

 

Q43.     How will reductions from protection be calculated?

A43.     In an effort to minimize uncertainty concerning the amount of reductions and simplify this process, the parties have agreed to handle reductions from New York Dock protection as follows:

1.         Pool freight assignments - 1/15 of the monthly test period average will be reduced for each unpaid absence of up to 48 hours or part thereof.  Absences beyond 48 hours will result in another 1/15 reduction for each additional 48 hour period or part thereof.

2.         Five day assignments -  1/22 of the monthly test period average will be reduced for each unpaid absence of up to 24 hours or part thereof.  Absences beyond 24 hours will result in another 1/22 reduction for each additional 24 hour period or part thereof.

3.         Six & seven day assignments - The same process as above except 1/26 for a six day assignment and 1/30 for a seven day assignment.

NOTE: There shall be no offset from protection for rest days on five day and six day  assignments,.

4.         Extra board assignments -  1/30 of the monthly test period average will be reduced for each unpaid absence of up to 24 hours or part thereof.  Absences beyond 24 hours will result in another 1/30 reduction for each additional 24 hour period or part thereof.

NOTE:  Absences  on the extra board shall be calculated from the time of unavailability (layoff, missed call, etc) until the next time called for service.  For example:  If a engineer lays off on Monday at noon, marks up the next day, Tuesday, and does not work until 2 AM on Wednesday, then they shall be off for protection purposes for thirty-eight (38) hours and shall be deducted 2/30 of their protection.

Q44.     Why are there different dollar amounts for non-home owners and homeowners?

A44.     New York Dock has two provisions covering relocating.  One is Article I, Section 9, Moving Expenses and the other is Section 12, Losses from Home Removal.  The $10,000 is in lieu of New York Dock moving expenses and the remaining $20,000 is in lieu of loss on sale of home.

 

Q45.     Why is there one price on loss  on sale of home

A45.     It is an in lieu of amount. Engineers have an option of electing the in lieu of amount or claiming New York Dock benefits.  Some people may not experience a loss on sale of home or want to go through the procedures to claim the loss under New York Dock.

 

Q46.     What is loss on sale of home for less than fair value?

A46.     This refers to the loss on the value of the home that results from the Carrier implementing  this merger transaction.  In many locations the impact of the merger may not affect the value of a home and in some locations the merger may affect the value of a home.

Q47.     If the parties cannot agree on the loss of fair value what happens?

A47.     New York Dock Article I, Section 12(d) provides for a panel of real estate appraisers to determine the value before the merger announcement and the value after the merger transaction.

 

Q48.     What happens if a engineer sells the home for $20,000 to a family member?

A48.     That is not a bona fide sale and the engineer would not be entitled to either an in lieu of payment or a New York Dock payment for the difference below the fair value.

 

Q49.     What is the most difficult part of New York Dock in the sale transaction?

A49.            Determine the value of the home before the merger transaction.  While this can be done through the use of professional appraisers, many people think their home is valued at a different amount.

 

Q50.     Who is required to relocate and thus eligible for the allowance?

A50.     A prior right engineer who can no longer hold a position at his/her location and must relocate to hold a position as a result of the merger.  This excludes engineers who are borrow outs or forced inside the Hub and released, common engineers and engineers who have to exercise seniority in their prior rights area due to a non merger event.

Example 1: Due to the new Portland-Oakridge pool an employee can no longer hold in Eugene and must relocate to Portland. Since this is a result of the merger transaction then the employee may be eligible.

Example 2: A pool reduction is made in the 1st District pool in Seattle and the employee reduced from the pool cannot hold in Seattle and displaces to the Portland extra board.  This is a seniority move not caused by a merger transaction and the employee is not eligible for a merger relocation.

Example 3: If the facts are the same as (2) above except the engineer is forced to a yard assignment that they could not be forced to prior to the  merger, they are eligible for a relocation if mileage provisions are met.

Example 4: An engineer is required to relocate to Oakridge for pool, extra board or helper service. The engineer is not entitled to the “in lieu of” provisions but is entitled to New York Dock provisions.

 

Q51.     Does it matter in the example 2 above if the extra board they place on is consolidated or prior right?

A51.     No, since the First “District had extra board positions in Portland prior to the merger.

Q52.     If the engineer in example 3 above could have placed on an extra board assignment and elect to place on a yard assignment are they entitled to a relocation allowance?

A52.     No, that would be a seniority move.

 

Q53.     Are there any seniority moves that will be treated as required to relocate?

A53.     Yes, at Eugene, when pool and extra board positions are moved to Portland for the Portland-Oakridge service, senior engineers on a one for one basis may bid to Portland and be treated as required to relocate.

Example 1: Ten pool and three extra board positions are moved to Portland from Eugene.  The thirteen highest bidders at Eugene may relocate and be eligible for the allowance if they meet the mileage requirements and not outbid by employees from other locations. If an employee at Salem outbids on one of the Portland positions that bid will be treated as a seniority move and no relocation will be allowed since no work was relocated from Salem.  It does not matter if the engineer working at Salem lives in Eugene.  Since there is no work being transferred from Salem that is the deciding factor.

Example 2: Ten pool and three extra board positions are moved to Portland from Eugene.  Twelve Eugene engineers bid on the positions and one employee remains, whose position was abolished or who was bumped, and who is unable to hold a position within thirty miles of Eugene.  That employee bumps an employee at Salem.  The Salem employee displaces to Portland because he/she can no longer hold within thirty miles of Salem.  If they meet the mileage requirements then both engineers would be eligible for the relocation allowance.

Example 3: Ten pool and three extra board positions are moved to Portland from Eugene.  Twelve Eugene engineers bid on the positions and one employee  who is able to hold a position within thirty miles of Eugene bumps an employee at Salem.  The Salem employee displaces to Portland because he/she can no longer hold within thirty miles of Salem. Neither employee is eligible for an allowance because the chain of moves was started by a seniority move by an employee who could have remained at Eugene or followed his/her work to Portland and voluntarily chose not to do so.

 

Example 4: Ten pool and three extra board positions are moved to Portland from Eugene.  The thirteen highest bidders at Eugene may relocate and be eligible for the allowance if they meet the mileage requirements.  At some time in the future, one of the engineers who relocated retires.  Another employee at Eugene makes application for the vacancy.  This is a seniority move and the employee is not eligible for a relocation allowance under this agreement. 

Q54.     As positions are added to Portland, at what point are engineers no longer entitled to relocations allowances?

A54.     The Agreement provides for a two year window for applying for relocation allowances.

 

Q55.     Are there mileage components that govern the eligibility for an allowance?

A55.     Yes, the engineer must have a reporting point farther than his/her old reporting point and at least 30 highway miles between the current home and the new reporting point and at least 30 highway miles between reporting points.

Example 1: The relocating of the on-duty point for road crews from Brooklyn to Albina, both within the Portland Terminal does not trigger a relocation allowance.

Example 2: An employee owns a home in Portland.  Due to his/her seniority they are unable to hold at Portland and works in Eugene.  When positions are moved to Portland from Eugene the employee is a successful bidder or is forced.  Because they own a home in Portland they are not eligible for a relocation allowance back to their home.

Example 3: An employee owns a home thirty-two (32) miles south of Portland and works in Albany forty miles from his home.  He/she is bumped as a result of the merger and can hold at Portland and places on an assignment at that location.  Because the new reporting point is closer to his residence than his/her old reporting point no relocation  allowance is provided.

Q56.     When did the person need to be a home owner to qualify as one for relocation purposes?

A56.     New York Dock protects home owners due to loss on sale of home that are caused by the merger.  If a non home owner purchases a home after the merger was approved in September 1996 would not be affected by the merger because they were not a home owner at that time.

 

Q57.     Will engineers be allowed temporary lodging when relocating?

A57.            Engineers entitled to  relocation provisions shall be given temporary lodging for thirty (30) consecutive days as long as they are marked up.

 

Q58.     Are there any restrictions on routing of traffic or combining assignments.

A58.     There are no restrictions on the routing of traffic in the Portland  Hub once the 30 day notice of implementation has lapsed.  There will be a single collective bargaining agreement and limitations that currently exist in that agreement will govern (e.g. radius provisions for road switchers, road/yard moves etc.).  However, none of these restrictions cover through freight routing.  The combining of  assignments between the Carriers is covered in this agreement and is permitted.

 

Q59.     Will the Carrier offer separation allowances?

A59.     The Carrier will review its manpower needs at each location and may offer separation allowances if the Carrier determines that they will assist in the merger implementations.

 

Q60.      When will  reserve boards be established and under what conditions will they be governed? 

A60.      Depending on manpower needs there may be engineers on reserve boards on implementation day.  The reserve boards will be effective on that day however agreement provisions requiring all vacancies to be filled and the displacement of engineers not entitled to reserve board positions must be complied with prior to the Carrier opening reserve board positions.  The reserve board provisions of the controlling CBA will govern its operation.

 

Q61.     What period will be used for the TPA?

A61.     1997.

 

Q62.     How will Union Officers TPA’s be established?

A62.     The Carrier will average the two above and two below in any service.  If greater than their regular TPA it shall be used.  Engineers with unusually high or low TPA’s will not be considered.

Article VIII -FAMILIARIZATION

Q63.     Are there different ways engineers can be familiarized on new territory?

A63.     Yes, the parties have tried different methods on different territories and find that several methods work.  This has included riding with another crew, using a pilot or peer trainer and/or having a company officer onboard.

 

Q64.     How will the reserve, familiarization and temporary transfer boards interact?