Article I - PORTLAND HUB  

Q1.          The preamble to this Agreement identifies three Zones of the Portland Hub as set forth in the Carrier's Notice dated October 1, 1997. Do the provisions of this implementing Agreement apply to all three Zones? 

A1.         No, this implementing Agreement applies only to Zone 1 - however, it does not restrict train or yard operations in any terminal or yard outside the boundaries of Zone 1 where none existed prior to implementation of this Agreement. 


Q2:          Article 11, A and B, provides that "A new seniority district will be formed." and "new rosters will be formed". When will the new seniority rosters be available to the Organization and the affected employees? 

A2:         All seniority rosters will be developed and furnished to the Organization for revision and correction, prior to implementation in Zone 1. The new Zone 1 rosters will be made available to the affected employees for their use a minimum 10 days prior to implementation. 

Q3.          How long will prior rights be in effect? 

A3.          As long as employees are still working that hold prior rights. 

Q4.          Are full time union officers/representatives, Company officers, employees on medical leaves and those on leave working for government agencies, etc., covered under Article 11, C? 

A4.          Yes. 

Q5.          Does the term "one time opportunity", referenced in Article 11, B, 7, b & d, mean if the assignments are again abolished and then reestablished, the employee will not again be given an opportunity to return to it? 

A5.          No. The original prior righted or second District Trainman may return to the assignment each time it is abolished and/or reestablished; providing he does so at the time it is reestablished. 

Q6.          Article 11, D and E refers to prior right yard assignments. How are assigned yard work trains treated? 

A6.          Assigned yard work trains are the same as any other regular assigned yard assignment and will be included in the "80 / 20" formula as set forth in Article 11, K. Extra yard work trains are simply extra yard assignments and will be filled from the yard extra board. 

Q7.          How will assigned road work trains be treated? 

A7.         They will be assigned and handled in accordance with work train provisions of the governing CBA, and will be prior righted as provided by Article 11, D. 

Q8.          Will trainmen for reasons of safety be given "familiarization" trips in an area before being called for service on a work train as provided under Article 11, E, "Note"? 

A8.         Yes, as provided for in Article IV, B, 3 and Article IX of this implementing agreement, trainmen will be given "familiarization" trips. 

Q9.          Article 11, G, requires employees to protect all assignments with a home terminal within a thirty mile radius of the Portland (Albina) Terminal limits. Can you give some examples of how that will work for both regular and extra board assignments? 

A9.          The home terminal of the assignment must be within thirty miles of the Portland (Albina) Terminal limits. The away from home terminal of such assignment may be outside the thirty-mile limits. 

Example 1: A pool runs from Portland to Seattle. This assignment is within the thirty-mile radius. Therefore 1st District, 2nd District, and SP prior right and any common right employees 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 a trainman because that is one of the duties of the extra board, but the SP prior right employee could not be forced to the vacancy as the permanent occupant. 

Q10.        For the purpose of applying Article 11, G, 1, how will the prior right status between UP District I and UP District 2 employees be determined? 

A10.        Provisions of Section 2(a), of the UP Seniority Consolidation Agreement (Memorandum No. 2112019683) identify those pre and post December 16, 1996 employees and those who are common to both districts (post 12/16/96) shall have prior rights to both districts. 

Q11.        In cases of multiple vacancies whereby more than one employee may be recalled from furlough at the same time, how will such employees be assigned to the vacancies for which recalled? 

A11.        Furloughed employees are recalled in order of seniority, with the most senior employee being recalled first. The senior employee will be given the choice of assignments for which he/she is being recalled to. The second most senior employee will be given the option for selection of the remaining vacant assignments for which recalled. Remaining recalled employees will be handled in the same manner until all vacancies for which recall was issued are filled. 


Q12.        What will be the mileage paid in the Portland to Oakridge pool service? 

A12.        The mileage paid will be the actual mileage (168 miles) from the Portland (Albina) yard office to Oakridge. It does not matter if the crew picks up their train at another location in the Portland (Albina) Terminal the base miles paid between the Albina Yard office and Oakridge will be paid.

Q13.        Will pool freight terms and conditions existing prior to implementation continue to apply on all pool freight runs after implementation?

  A13.        No. The terms and conditions set forth in the surviving collective bargaining agreements and this implementing document will govern. For example, the Portland‑Hinkle ID provisions governing overtime, initial terminal delay, held away from home time, etc. will apply to the Portland‑Oakridge and Eugene pools in accordance with the employee’s eligibility for those provisions based on his/her seniority. 

Q14.        During the one-year period covering the use of longer application procedures for moving new assignments to Portland and Oakridge in Article 111, C, Note, how will the pool be regulated? 

A14.        The pool will be regulated in accordance with the provisions of the governing CBA. Trainmen must understand that the longer application process may result in the pool temporarily operating or running short while waiting for additional trainmen to relocate. 

Q15.        Does the one year period in Article 111, C, Note, refer to moving allowance eligibility? 

A15. No, only to the period for a longer application process. 


Q16.        How many Zone 1 extra boards will be combined at implementation? 

A16.        Only the Portland yard extra boards. The road boards have a phase in timetable for consolidation as set forth in section B of Article IV. 

Q17.        Are these guaranteed extra boards? 

A17.        Yes. The pay provisions, and guarantee offsets and reductions will be in accordance with the governing CBA guaranteed extra board agreements. The Eugene and Oakridge extra boards will also be governed by the governing ‑CBA and specifically, the extra board provisions and conditions of the basic Crew Consist Agreement effective September 15, 1980; the 2nd / 3" District Modified Crew Consist Agreement effective December 21, 1989, and the Conductor Only Crew Consist Agreement effective January 16, 1992? 

Q 18.Do the seniority dates used in holding extra boards (Article IV, F) become effective on day of implementation?  

A 18. Yes. 

Q19.        How will extra board employees be handled upon consolidation of their boards as provided for in Article IV, A, B and C? 

A 19.       The "new" dovetail/consolidated seniority dates shall be utilized for all movement to/from extra boards effective with implementation of consolidation of each individual board. Employees who may be holding an extra board using a different seniority date at the time of consolidation will continue to hold the board until displaced or exercising seniority to another position. 

Q20.        Upon consolidation of extra boards, will employees assigned to those boards prior to consolidation be required to remain on the new boards upon implementation? 

A20.        Yes, except employees may move to/from these boards via application process and request for assignment change in keeping with applicable provisions of the governing CBA. 

Q21.        Article IV, D, provides that any Zone 1 location not listed shall be covered by the nearest Zone 1 extra board. Will the UP 2nd District Road Traveling Switcher at Bend (Redmond), OR., currently protected by The Dalles extra board, be covered by the Oakridge Conductor/Brakeman extra board once it is established? 

A21. No, The Dalles extra board, will continue to cover/protect the Bend (Redmond) UP 2ndDistrict Road Traveling Switcher. 


Q 22.       Are "road/yard Zones" as set forth by the various National Agreements covering yard crews measured from the new terminal limits where the yard assignment goes on duty? 

A22.        No. The road yard Zones are still figured from the previous limits; however, crews that go on duty at Brooklyn will now be able to go north and east from Portland and those going on duty in a former UP area of the Portland (Albina) Terminal will now be able to go south from Portland.

Q23.        Where are foreign interchanges within the UP Portland (Albina) terminal permissible? 

A23.        The National Agreements permit train crews to receive trains from or deliver trains to a foreign carrier, even if outside the home carrier's "terminal limits". There is a larger "terminal" at interchange points that includes the trackage of connecting Carriers at terminal locations such as Portland. A crew may receive and/or deliver a train to any interchange location where permissible prior to the merger by either the SP or UP at Portland. 


Q24.        When the governing CBA becomes effective what happens to existing claims filed under the other collective bargaining agreements that formerly existed in the Portland Hub? 

A24.        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. 

Q25.        When the Portland-Oakridge run is implemented, under what conditions will it operate? 

A25.        The miles of the run will be paid and all the basic conditions that exist in the Portland-Hinkle pool agreement, to which UP 2' District pool crews are entitled will apply to employees working the Portland-Oakridge pool, eligibility dependent on the employees seniority date in the same manner as applied to the UP employees. 

Q26.        Article VI, A, 2, provides that the Carrier shall designate the on/off duty point for crews. Rule 49 of the Oregon UTU CBA has certain provisions covering the on and off duty point. Does this provision amend that rule? 

A26.        No. Where governing agreement rules cover the on and off duty point of certain

                 crews, then those provisions will prevail.


Q27. Article VI, E, 1 , refers to hours of service relief being performed at home terminals by pool crews. Does this rule require that pool crews be called before or after extra board crews are called?  

A27.        The extra board will provide Hours of Service relief and if exhausted, agreement vacancy procedures will apply. 

Q28.        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? 

A28.        The extra board rule governs when the extra board is called and the pool rules govern when a pool crew is used. 

Q29.        Can the separate 2nd and 3rd District extra boards be used on both sides of Hinkle upon implementation of this agreement? 

A29.        No. Until Zone two is covered by an agreement/award the Hinkle extra boards will not be used on both sides. However, if the 2nd District extra board is filled by 3rd District employees then the employees on that extra board can go West of Hinkle. 

Q30.        When can extra boards at Portland perform this service in any direction? 

A30.        When the 1 "and 2nd District road extra boards are combined they can cover both of their former areas and when the SP is combined with the UP 1 $'and 2nd district consolidated extra board then the remaining consolidated board can go in all directions. If an extra yard assignment is called in accordance with road/yard provisions then that assignment if called off the consolidated yard extra board can go in all directions as it is a Portland (Albina) Terminal Yard job/assignment. 

Q31.        How far can an extra board go in performing this service? 

A31.        The existing limitations for extra boards as set forth in the governing CBA and this implementing document will be used 

Q32.        How is a crew, which received their train twenty-five (25) miles on the far side of the terminal as contemplated by Article VI, D, 2, compensated? 

A32.        When so used, the crew shall be paid an additional one-half (1/2) basic day for this service in addition to the district miles of the run. If the time spent beyond the terminal is greater than four (4) hours, they shall be paid on a minute basis at the basic pro rate through freight rate. Miles within the Zone are not added to the district miles of the run. Time spent within the Zone does not factor into the computation of overtime. 

Q33.        Can you give an example as to how this will be applied? 

A33.        A pre October 31, 1985 trainman is transported to his/her train 10 miles south of Oakridge and takes the train to Portland. 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 24 minutes for an overtime payment of 2 hours 6 minutes) 

Q34.        Would a post October 31, 1985 trainman be paid the same? 

A34.        No. The National Disputes Committee has determined that post October 31, 1985 trainmen 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 trainman would not receive the overtime in C above but receivethe payments in A & B.

Q35.        How is time consumed by a crew within a Twenty--Five Mile Zone to be calculated? 

A35.        The Actual time consumed from the time it departs terminal limits, as shown in Article V, section A of this agreement, (road/yard demarcation) until return to terminal limits.

Q36.        If a crew used within a 25 mile Zone is released prior to arrival at their far terminal for any reason other than a bona fide emergency, i.e., hours of service, managerial decision, etc., how will the crew be handled and compensated? 

A36.       Except in cases of emergency, the crew will be deadheaded on through to the far terminal in a "combined with service" basis and allowed a minimum of four (4) hours at the pro rata rate or actual time (whichever is greater) for their 25 mile Zone service in addition to District miles as provided for by the governing CBA or time as applicable for the service combined with deadhead and any other allowances due such as special/lD meal allowances, etc. 

Q37.        In cases where a crew used within a 25 mile Zone is released as referenced in Q&A 36 above due to a bona fide emergency, i.e., Act of God, derailment, etc., how will the crew be handled and compensated? 

A37.       If the crew cannot be deadheaded on through to the far terminal of their assignment due to conditions as referenced above, they will be released at the original terminal, paid a basic day, placed first out and allowed four (4) hours at the pro rata rate or actual time (whichever is greater) for their 25 mile Zone service. 

Q38.        What happens if a crew in the twenty-five (25) mile Zone is delayed and spends more than eight (8) hours in the Zone before returning to the original terminal? 

A38.        If a crew spends more than eight (8) hours in the twenty-five (25) mile Zone, overtime would apply for all such time in excess of eight (8) hours in the Zone. 

Q39.        Is it the intent of this agreement to use trainmen beyond the 25-mile Zone? 

A39.        No. 

Q40.        May the twenty-five (25) mile Zone be used for inbound road crews to operate up to 25 miles past their destination terminal? 

A40.       No, the 25-mile Zone provisions apply to outbound crews at their terminal of origin only, and under no circumstances do such provisions apply to crews arriving at their destination terminal. 

Q41.        Article VI, D, 1, provides a one‑half (1/2) basic day for service performed within the 25 mile Zone as established by this agreement. Is this considered a duplicate payment or special allowance? 

A41.       No, it is subject to all future wage adjustments and is not considered a duplicate payment or special allowance. This payment will be made in addition to all other earnings received by employees. 

Q42.        Does the 25 mile Zone in Article VI, D, 1, start from MP 17 on the UP main line? 

A42.        No, it starts from the same point as the road/yard Zone which is 12.25 (Graham) and 14.5 (Kenton). 

Q43.        If a road Crew receives a train in interchange from the BNSF at Vancouver is it considered in the 25 mile Zone? 

A43.        No, this is an interchange movement that is permitted even if the 25 mile Zone provisions did not exist and shall be treated under the rules of interchange. 

Q44.        What are the miles paid if a Trainman goes to the BNSF at Vancouver to get a train received in interchange to go to Oakridge? 

A44.        The additional miles to/from the BNSF facility to the Albina yard office shall be paid whether getting and/or leaving a train in interchange. 

Q45.        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? 

A45.        Yes, since it is outside the UP terminal and was not received in interchange from a foreign Carrier. 

Q46.        How will initial terminal delay be determined when performing service as outlined herein? 

A46.        Initial terminal delay for crews entitled to such payments will be governed by the applicable collective bargaining agreement and will not again 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. 

Q47.        How will vacations for the remainder of 1998 be handled? 

A47.        They will continue to be handled under the CBA that covered them at the beginning of the year. Vacations for 1999 will be scheduled under the provisions of the Oregon Agreement. 

Q48.        Will the Carrier provide copies of the Oregon Agreement as currently printed? 

A48.        Yes, in addition the parties will meet and review the current printing and prepare a list of amendments to that CBA. 


Q49.       What is automatic certification? 

A49.        An understanding reached by the parties that an employee will be provided the benefits of the applicable labor protective conditions (New York Dock) without having to prove he was adversely affected as a result of implementation of this Agreement. 

Q50.        What rights does a trainman have if he/she is already covered under labor protection provisions resulting from another transaction? 

A50.        Section 3 of New York Dock permits trainmen to elect which labor protection they wish to be protected under. By agreement between the parties, if a trainman has three years remaining due to the previous implementation of Interdivisional Service the trainmen 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 trainman 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. 

Q51.        How will reductions from protection be calculated? 

A51.        Employees coming under New York Dock protection as a result of this Agreement shall have deductions based on New York Dock provisions. UP employees electing to retain previous ID protection shall have deductions based on the provisions of those ID agreements and SP employees who elect to retain SP West modification/Siskiyou protection shall have deductions based on the provisions outlined in those agreements. 

052.         Why are there different dollar amounts for non‑home owners and homeowners? 

A52.        New York Dock has two provisions covering relocating. One is Article 1. 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. 

Q53.        Why is there one price on loss on sale of home? 

A53.        It is an in lieu of amount. Trainmen 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. 

Q54.        What is loss on sale of home for less than fair value? 

A54.        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.  

Q55.        If the parties cannot agree on the loss of fair value what happens? 

A55.        New York Dock Article 1, 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. 

Q56.        What happens if a trainman sells the home for $20,000 to a family member? 

A56.        That is not a bona fide sale and the trainman would not be entitled to either an in lieu of payment or a New York Dock payment for the difference below the fair value. 

Q57.        What is the most difficult part of New York Dock in the sale transaction? 

A57.        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. 

Q58.        Who is required to relocate and thus eligible for the allowance? 

A58.        A trainman 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 trainmen who are borrow outs or forced inside the Hub and released and employees 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 Portland and the employee reduced from the pool cannot hold in Portland and displaces to the Seattle extra board. This is a seniority move not caused by a merger transaction and the employee is not eligible for a merger relocation. 

Q59.        Are there any seniority moves that will be treated as required to relocate? 

A59.        Yes, at Eugene, when pool and extra board positions are moved to Portland for the Portland‑Oakridge service, senior employees 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. An employee at Salem could not bid in the assignment and be eligible for the relocation because no work was moved from their location. 

Example 2:              Ten pool and three extra board positions are moved to Portland from Eugene. Twelve Eugene employees 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 employees would be eligible for the relocation allowance. 

Example 3:              Ten pool and three extra board positions are moved to Portland from Eugene. Twelve Eugene employees 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. An employee at Salem bids on the Portland positions. Since no work was relocated from Salem that bid will be treated as a seniority move and no relocation will be allowed. 

Example 5:              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. Three months later one of the employees who relocated retires. Another employee at Eugene is forced or makes application for the vacancy. This is a seniority move and the employee is not eligible for a relocation allowance under this agreement. 

Q60.        Are there mileage components that govern the eligibility for an allowance? 

A60.        Yes, the trainman 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. 

Q61.        When did the person need to be a homeowner to qualify as one for relocation purposes? 

A61.        New York Dock protects homeowners due to loss on sale of home that are caused by the merger. A person who 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, however they may qualify as a non-home owner for relocations purposes. 

Q62.        Will trainmen be allowed temporary lodging when relocating? 

A62.        Trainmen entitled to a relocation allowance shall be given temporary lodging for thirty (30) consecutive days as long as they are marked up. 

Q63.        Are there any restrictions on routing of traffic or combining assignments? 

A63.        There are no restrictions on the routing of traffic in Zone 1 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. 

Q64.        Will the Carrier offer separation allowances? 

A64.        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. 

Q65.        When will reserve boards be established and under what conditions will they be governed? 

A65.        Depending on manpower needs there may be trainmen 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 trainmen not entitled to reserve board positions must be complied with prior to the Carrier opening new reserve board positions. The reserve board provisions of the governing CBA will govern its operation. 

Q66.        What period will be used for the TPA? 

A66.        1997. 

Q67.        How will Union Officers TPA's be established? 

A67.        The Carrier will average the two above and two below in the same service, if greater than their regular TPA it shall be used. Trainmen with unusually high or low TPA's will not be considered. 

Article VIll - CREW CONSIST  

Q68‑        The Oregon Crew Consist provisions are contained in several different documents and not fully discussed in this document. Does this change the intent of those crew consist provisions? 

A68.        Any omissions of Crew Consist provisions does not prevent eligible employees from enjoying same. 

Q69.        Will the Zone 1 productivity fund be given a plug when a former SP position is worked by a common employee or a UP prior right employee? 

A69.        No, those assignments do not contribute to the fund and who works that assignment does not alter that provision, except as is provided under provisions of Article 11, K. If such assignment is a part of the UP prior right (80%) quotient it will be credited. 

Q70.        Will the Zone 1 productivity fund be given a plug when an assignment that was a former UP assignment is worked by a former SP employee? 

A70.        Yes, it is the assignment that determines whether the fund receives a payment not who works the assignment. 

Q71.        Will UP trainmen eligible for a productivity fund distribution be given credit when working a non-contributing productivity fund assignment. 

A71.        Yes since there is only one Zone 1 fund, they will receive credit wherever they work in Zone 1. 


Q72.        Are there different ways employees can be familiarized on new territory? 

A72.        Yes, the parties have tried different methods on different territories and finds that several methods work. This has included using an observation car with several employees on board, using a hyrail, riding with another crew, using a pilot and/or having a company officer onboard. 


Q73.        On implementation will all trainmen be contacted concerning job placement? 

A73.        No, the implementation process will be phased in and trainmen will remain on their assignments unless abolished or combined and then they may place on another assignment. When the Carrier posts the notice on pool changes and increases and decreases in extra boards Local Chairman will assist in handling the bidding, application and placement process at that time and trainmen may be contacted for placement if insufficient bids are received. The new seniority rosters will be available for use by trainmen who have a displacement. 

Q74.        If Local Chairmen are required to lose time or to incur expense in connection with the bulletin/assignment periods referenced in Q&A #73 (above), and/or as described in Article 111, B and C and the Note thereto, how will Carrier handle compensation for such lost time and expense? 

A74.        Reimbursement of all lost time and expense will be the Carrier's responsibility. 

Q75.        Will employees have a displacement right to the newly designated yard assignments under the provisions of Article 11, upon implementation? 

A75.        No, initially, only prior right designations for yard assignments will change as necessary. All employees will remain on their respective assignments, utilizing whichever seniority date may be applicable; i.e., a UP employee will remain on a job newly designated as SP utilizing his/her" common/ dovetail" roster seniority until such time as he/she is displaced or bids off the assignment. 

Q76.        If all yard assignments are filled and the Carrier abolishes an assignment, what is the bumping process? 

A76.        In most cases the actual assignment abolished will not be held by the junior crew. The local chairman will designate when required another assignment in accordance with the chart attached to this Agreement and employees will have displacement rights to those positions with their prior right designations and all common employees. 



May 1, 1998

Side Letter No. 1  

Dear Sirs: 

This will confirm our discussions concerning finalization of the "Merger Implementing Agreement" for Zone 1 of the Portland Hub. During our discussions concerning Protection, we discussed the issue of a pool employee taking a single day paid absence such as a Personal Leave day or single day vacation and the impact it will have on his/her protection. In an effort to simplify the process and to provide the pool employee with an alternative, the parties agree that a pool employee shall have one of the following options: 

(1) Elect to utilize a minimum of two- (2) consecutive paid personal leave and/or single vacation days per each paid absence period. If the minimum number of consecutive days are met for each round trip, then no deduction will be made in their protection. 

(2) Elect to utilize a single paid personal leave or vacation day resulting in payment of a single day with a corresponding deduction from protection of what the employee would have earned. 

The option must be selected by the employee at the time the personal leave or vacation day is granted. 

Yours truly,


W. S. Hinckley
General Director Labor Relations 




General Chairperson UTU


General Chairperson UTU


General Chairperson UTU


General Chairperson UTU






May 1, 1998

Side Letter No. 2  

Dear Sirs:

This will confirm our discussions, concerning finalization of the "Merger Implementing Agreement" for Zone 1 of the Portland Hub. 

Within Zone 1, the parties have created a "30 mile Zone" measured from the terminal limits of Portland as set forth in the Note to Article V, A. The purpose of this 30 mile Zone is to establish the limits that "prior right" employees can be forced to assignments that were not part of their pre-merger seniority district (Article 11, G, 1. Questions have been raised as to how or why 30 miles was used in establishing this Zone. 

Thirty miles has to date historically been the basic number of miles used in determining whether an employee is required to relocate when unable to hold a position at his/her old reporting point as a result of a transaction as addressed in New York Dock. Both New York Dock and Interdivisional Service protection refers to "required" to relocate. In Article XIII Section 9 of the January 27, 1972 National UTU Agreement, reference is made to "Protection" as provided in the Washington Job Agreement and further states that "Change of residence shall not be considered 'required' if the reporting point to which the employee is changed is not more than 30 miles from his former reporting point.” 

The required change of residence is also found in Section 6 (D) of New York Dock where it refers to an employee being offered comparable employment in another craft when unable to hold in his/her own craft. Several arbitration decisions have been rendered covering the obligations of employees to relocate and if not relocated whether they lost their protection allowances due to not relocating. These decisions have often referenced 30 miles as a standard. 

In this Agreement the parties negotiated certain benefits that exceeded regular New York Dock which included certification of protection and certain restrictions on being forced to other assignments without loss of protection. In so doing the parties took into account the uniqueness of the operating territory involved, the common terminal of Portland to SP crews and UP First and Second District crews and the end to end nature of the merger in this part of the UP system. In establishing this Zone the parties used the thirty-mile limit that is found in the various protection documents as evidenced above. 

Yours truly,


W. S. Hinckley

General Director Labor Relations





General Chairperson UTU


General Chairperson UTU


General Chairperson UTU


General Chairperson UTU







May 1, 1998

Side Letter No. 3  

Mr. J. Previsich

General Chairperson UTU

1860 El Camino Real, suite 201

Burlingame, CA 94010


Dear Sir: 

In Article 11, B, 8 of the Portland Hub Zone 1 Agreement the parties agreed to set forth the rights and obligations of the System Hostlers currently working at Eugene, or System Hostlers who are inactive but whose last service was as a System Hostler on the Portland Seniority District. As you are aware, plans are currently underway to relocate some hostling work from Eugene to other locations. The question has been raised as to the status of the aforementioned System Hostlers, who do not hold seniority in other crafts. Until the implementation of the Roseville Hub they currently hold full system seniority and could relocate to other System Hostler positions. 

As Hubs are implemented, system Seniority will disappear and System Hostlers will have seniority in only one Hub. One of the issues in transferring Hostler work is the current rebuilding plan at several locations, that results in the current need for the employees at Eugene. As a result the parties have not been fully able to address the impact on all concerned. 

Therefore, it is agreed that the system Hostlers on the Portland Seniority District will be permitted to exercise their current System Seniority to Roseville, West Colton, Los Angeles, El Paso or Tucson. They will be placed at the new location in accordance with their standing on the Hostler's System Seniority Roster. 

The window for relocation shall extend for ninety days from the date of implementation of the Portland Zone 1 Hub Agreement. In that time period the system Hostlers may elect to relocate and if so elected they must give to the Director of Labor Relations a thirty-day notice of electing to move. At the end of the thirty-day period they shall not be permitted to work in Eugene and must within two weeks of that time report to the new location. If they do not serve notice to relocate as set forth above they must wait until the work at Eugene is abolished and they can no longer hold a position as a System Hostler at that location, after which time they shall be permitted to displace to a location as forth above. System hostlers; who relocate under the provisions of this letter shall be treated as required to relocate and the relocation provisions, including the "in lieu of NYD" provisions of the Portland Zone I Hub agreement shall be applicable to them.

Relocation under the terms of this letter shall not affect the System Hostlers' SP West modification protection with the exception that if they relocate to another Hub after the Hub has been implemented then for the length of protection they shall be treated the same as system hostlers in the Hub to which transferred. 

Yours truly,


W.S. Hinckley



General Chairperson UTU‑E