VI.            AGREEMENT COVERAGE

A.            General Conditions for Terminal Operations.

1.         Initial delay and final delay will be governed by the controlling collective bargaining agreement, including the Duplicate Pay and Final Terminal Delay provisions of the 1986 and 1991 National and Implementing Agreements and awards.

2.         Engineers will be transported to/from their trains to/from their designated on/off duty point in accordance with Article VIII, Section 1 of the May 1986 National Agreement.  The Carrier shall designate the on/off duty points for engineers.

3.         The current application of National Agreement provisions regarding road work and Hours of Service relief under the combined road/yard service Zone, shall continue to apply.  Yard crews at any location within the Hub may perform such service in all directions out of their terminal.

B.            General Conditions for Pool Operations.

The terms and conditions of the pool operations set forth in Article III shall be the same for all pool freight runs.  The terms and conditions are those of the surviving collective bargaining agreement as modified by subsequent national agreements, awards and implementing documents and those set forth below. 

 1.         Turnaround Service/Hours of Service Relief.  Turnaround service/hours of service relief at both home and away from home terminals;  

            (a) May be handled by extra boards at the away from home terminal, and,

(b) Shall be handled by extra boards at the home terminals,

if extra crews are available, prior to using pool crews. Engineers used for this service may be used for multiple trips in one tour of duty in accordance with the designated collective bargaining agreement rules.

(c) Extra boards may handle this service in all directions out of a terminal.

2.         Nothing in this Section B (1) prevents the use of other crews to perform work currently permitted by prevailing agreements, including, but not limited to yard crews performing Hours of Service relief within the road/yard zone, ID crews performing service and deadheads between terminals, road switchers handling trains within their zones and using a engineer from a following train to work a preceding train and payments required by the controlling CBA shall  continue to be paid when this work is performed.

3.         The Portland-Hinkle pool and the Seattle-Portland pool provisions that provide for guarantee and/or constructive miles shall continue for those engineers who are eligible for them on the day prior to implementation.  Each pool shall also continue to be paid under the current short turnaround provisions of those Agreements.

4.         The Portland-Hinkle, Seattle-Portland, Portland-Eugene, Portland-Oakridge and Oakridge-Klamath Falls pools shall be governed by, but not limited to, the same ITD, FTD, HAHT and Overtime rules (see page 20).  Rules for future runs that are created under  Article IX notices shall be determined at that time and this sets no precedence for future runs.

5.         The Portland-Eugene, Portland-Oakridge and Oakridge-Klamath Falls pools shall be governed by the basic Short Turnaround provisions of the Idaho Agreement which  currently provides for miles or hours with a minimum of a basic day.

C.            Agreement Coverage - Engineers working in Zone 1 shall be governed, in addition to the provisions of this Agreement, by the Collective Bargaining Agreement selected by the Carrier, including all addenda and side letter agreements pertaining to that agreement and previous National Agreement/Award/Implementing Document provisions still applicable.  Except as specifically provided herein the system and national collective bargaining agreements, awards and interpretations shall prevail.  None of the provisions of these agreements are retroactive. The Carrier has selected the Idaho CBA as the controlling CBA in the Portland Hub and it shall be effective in Zone 1 on the implementation date of this agreement.

D.            In addition to the above the following will govern in the area covered by this agreement:

1. Twenty-Five Mile Zone - At all home and away from home terminals, both inside and outside the Hub, pool crews may  receive their train up to twenty-five miles on the far side of the terminal and run on through to the scheduled terminal.  Crews shall be paid an additional one-half (½) basic day for this service in addition to the miles run between the two terminals.  If  the time spent in this zone is greater than four (4) hours, then they shall be paid on a minute basis.

Note: At Hinkle this provision will not apply unless Zone 2 is covered with a merger agreement/award with similar provisions.

2. First-In/First-Out -  Employees in pool freight service will operate and/or deadhead on a first-in/first-out basis, however,  pool freight employees used in short turnaround service or given a call and release shall be placed first out after legal rest.

3. Displacement -  Employees with displacement rights exercising in pool freight service shall place into  the pool at the home terminal in the last out position at which time the junior pool freight engineer will be removed.  If such junior pool freight engineer is currently on-duty or at the away-from-home terminal; such junior engineer will be removed from the pool upon tie-up at the home terminal.

4. Personal Leave - Requests for personal leave day(s) will be granted or rejected at the time requested.  If granted, the day(s) will commence at the time granted and the employee’s mark up for return to service will be pended in increments of twenty-four (24) hours from that time depending on the number of days granted.

5. Runarounds-  A terminal runaround occurs when engineers from the same pool, going to the same destination, depart the same yard in other than the order called and both trains have their power attached to their train.     “Depart” means that a train has started moving on the track it was made up in.

Example 1: Two engineers are called on duty in the Portland-Hinkle pool.  The first out engineer receives his train in the Barnes Yard and the second out engineer receives his train in the Albina Yard.  There cannot be a terminal runaround because the engineer did not depart from the same yard.

Example 2: Two engineers are called on duty in the Portland-Hinkle pool and both engineers receive their trains in the Albina departure Yard.  If both trains have their power attached a terminal runaround can occur.