UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET
OM AHA NEBRASKA 68179
Side Letter #5
Mr. L. L. Nelson
General Chairman UTU C&T
936 SE Ankeny Street
Suite F
Portland, OR 97214
Dear Sir:
This will confirm our
discussions concerning the Conductor‑Only Crew Consist negotiations.
Operation on the Oregon
Division - Northwest District and its application to the following issues:
1. ARTICLE IV - RESERVE BOARD
Article IV provides for compensation for employees who report early when recalled to service. In that regard, the following will apply:
If a reserve board employee is
notified that he/she is recalled, the employee will continue to receive reserve
board pay for the applicable number of days. For example, if the employee is
under the fourteen (14) day recall, the employee will continue receiving Reserve
Board pay for each of the next consecutive fourteen (14) days.
2. ARTICLE VI ‑ IMPLEMENTATION
Section 1 (a) of Article VI
provides that prior to implementation of the agreement all regular assignments,
guaranteed extra boards and reserve board positions will be bulletined. In that
regard, and as previously provided in the agreement of December 6, 1989 (2nd
District), the following will again apply:
"Fence" provisions of
various agreements restrict movement to or from the job assignment outside the
bulletin period of the assignment. In order to comply with Article VI
Implementation, of the Conductor-Only Memorandum of Agreement, the parties agree
to include the fence jobs in the re‑bulletining of all assignments, this
will be made to accord all employees under the agreement a fair opportunity to
exercise their seniority.
3.
ARTICLE VIII ‑ GENERAL
As previously provided in the two (2) Memorandum of Agreements dated December 6, 1989, which related to the Modified Crew Consist Agreements, the following will again apply:
(a)
Your committee for the Oregon Division, Northwest District, has now
entered into a Conductor‑Only Agreement which amends in part the previous
Crew Consist and Modified Crew Consist Agreements. However, your Oregon Division
has expressed concern that should language from this Conductor‑Only
Agreement be adopted on other areas of the U. P., it could be forced to adopt
interpretations to which it was not party, or an arbitrated decision without the
opportunity to participate in the argument. The Carrier recognizes that your
committee negotiated its Conductor‑Only Agreement independently of the
other areas on the U. P. and agrees to give third party notice to the Oregon
Division General Chairman of any case that is scheduled for arbitration with
other parties signatory to the same September 15, 1980, Crew Consist Agreement,
applicable provisions of Modified Agreements, or similar arrangements under
Conductor‑Only Agreements which seeks to interpret those agreements or
amendments thereto. Decisions rendered on those other areas without the
participation of the Oregon Division Committee, unless participation is
declined, will not be cited or referenced by the parties in adjudicating a
dispute over interpretation of the Oregon Division Conductor‑Only
Agreement.
(b)
The Carrier recognizes the commitment made to your committee in being the
first complete General Committee to enter into a Conductor‑Only Agreement
on the Union Pacific after the Special Board Report. That commitment being that
it is not the intent of the Carrier to put your Committee at a disadvantage by
being the first to complete negotiations on this issue.
(c)
Accordingly, Carrier agrees that it will enter into any agreement with
your Committee to update the current Conductor‑Only Agreement based on
provisions of similar Conductor‑Only Agreements that are negotiated at a
later date on Union Pacific. Any update is based on the agreements being equal
in all respects except for benefits allowed. This of course would not include
any agreements or benefits which are established through an arbitration board.
(d)
The parties also
agree to review any trade‑off of benefits agreements and agreements which
go beyond the current Conductor‑Only Agreements your committee has
negotiated and executed. If both parties are agreeable, negotiations will be
entered into to explore possible changes in work rules. In any case, the Carrier
is committed to give your Oregon Division Committee the opportunity to negotiate
equalization of their Conductor‑Only Agreement should future developments
on other Districts of the Union Pacific appear more desirable, through the
voluntary negotiation process.
If the foregoing adequately
sets forth our understanding and agreement, please so indicate by signing in the
space provided below.
Yours truly,
L. A.
Lambert
Director Labor Relations
AGREED:
L.L. Nelson
General Chairman UTU C&T