12th District Crew Consist

AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY
and the
UNITED TRANSPORTATION UNION (C&T)

Effective December 1, 1986, it is agreed the basic Crew Consist Agreement between the parties dated June 29, 1984, is amended as follows for the 12th Seniority District of the Eastern District:

ARTICLE I
CREW CONSIST

  1. The basic crew consist for all crews operated on the 12th Seniority District shall be one (1) conductor/ foreman and (1) brakeman/helper.
  2. There shall be no car count or train length limitations in the operations of trains with crews of one conductor/foreman and one brakeman/helper.

ARTICLE II
SEPARATION ALLOWANCE

  1. The Company will solicit voluntary separation requests from eligible employees. The amount of the separation allowance shall be an amount equal to the employee’s earnings during the period November 1, 1985 through October 31, 1986, subject to all applicable taxes. There shall be a $15,000 minimum (subject to all applicable taxes) separation allowance.
  2. Under this Article II, an eligible employee is defined as an employee who held seniority on the 12th Seniority District on October 14, 1986.
  3. Eligible employees wishing to apply for a voluntary separation allowance must apply to the designated Company officer no later than November 20, 1986. Employees shall be given the option of receiving their separation allowance before December 15, 1986 or after January 1, 1987.


ARTICLE III
GUARANTEED EXTRA BOARD

  1. Guaranteed Extra Boards shall replace existing extra boards in the following manner:
    1. Conductor’s Guaranteed Extra Boards shall protect all conductor vacancies.
    2. Brakemen’s/Switchmen’s Guaranteed Extra Boards shall protect all brakeman/switchman vacancies.
  2. The guaranteed mileage on these Guaranteed Extra Boards shall be as follows:
    1. Conductor’s – 3850 miles at the conductor’s basic zone local (5-day) rate of pay.
    2. Brakemen’s/Switchmen’s – 3850 miles at the brakemen’s basic freight rate of pay.
  3. Payment of the guarantee shall be made in the payroll half following the payroll half in which the guarantee payment was incurred.
  4. The Company will not eliminate the Guaranteed Extra Boards at Denver and Oakley provided for in this Agreement. The Reserve Board will not be used to supplement or replace the Guaranteed Extra Board.
  5. The Carrier shall regulate the number of employees on the Guaranteed Extra Boards, but the Company shall ensure that a sufficient number of employees are on the Board to maintain the average mileage between 3850 and 4200 for the Conductor’s Guaranteed Extra Boards and between 2800 and 3200 for the Brake-men’s/Switchmen’ s Guaranteed Extra Boards.

ARTICLE IV
RESERVE BOARD

  1. The Carrier shall establish a Reserve Board for eligible employees working on the 12th Seniority District subject to the following conditions:
    1. An employee on the Reserve Board shall be paid whichever is the greater of the following two options:
      1. 70% of the basic yard helper’s rate for five days per week; or,
      2. 80% of the employee’s earnings during the period November 1, 1985 through October 31, 1986 for the employee’s first year on the Reserve Board; 70% of the employee’s earnings during the period November 1, 1985 through October 31, 1986 for the employee’s second year on the Reserve Board; and 60% of the employee’s earnings during the period November 1, 1985 through October 31, 1986 for the employee’s third year and all succeeding years on the Reserve Board. No other payments shall be made to or on behalf of an employee on the Reserve Board except for payment of premiums under applicable health and welfare plans. No deductions from pay should be made on behalf of a Reserve Brakeman/Switchman except for deductions of income, employment or payroll taxes (including railroad retirement taxes) pursuant to federal, state or local law, deductions of dues pursuant to an applicable union shop agreement and any other deductions authorized by agreement, and any other legally required deduction. Employees assigned to the Reserve Board shall be eligible for the Carrier’s Tuition Aid Program.
    2. An employee placed on the Reserve Board shall remain in that status until:
      1. The employee is discharged from employment by the Carrier.
      2. The employee resigns from the Carrier’s employment.
      3. The employee is recalled to active service. Such recall shall be in reverse seniority order.
      4. The employee is placed in a furlough status because of a reduction of assignments. For example, if the number of jobs is reduced from 10 to 9, the two employees whose assignment is reduced shall have a free exercise of seniority. Seniority displacements shall continue until the two junior employees are furloughed.
    3. Employees on the Reserve Board must maintain their work proficiencies while in such status, including successfully completing any retraining or refresher programs the Carrier may require and passing any tests or examinations (including physical examinations) administered for purposes of determining whether such proficiencies have been maintained. Employees on the Reserve Board must hold themselves available for return to service upon thirty (30) days’ notice (Reserve pay shall continue for only seven (7) days) and must return to service in compliance with such thirty (30) days’ notice. Failure to comply with any of these requirements will result in forfeiture of all seniority rights. Employees will be recalled from the Reserve Board to protect their Seniority District only and will not be forced to other Seniority Districts.
    4. Other non-railroad employment while on the Reserve Board is permissible so long as there is no conflict of interest. There shall be no offset for outside earnings.
    5. Vacation pay received while on the Reserve Board will offset pay received under Paragraph 1(a). Time spent in reserve status will not count toward determining whether the employee is eligible for vacation in succeeding years. It will count in determining the length of vacation to which an employee, otherwise eligible, is entitled.
    6. Employees on the Reserve Board are not eligible for Holiday Pay, Bereavement Leave, Jury Pay, and all other similar special allowances.
    7. Employees on the Reserve Board are covered by Health and Welfare Plans, Union Shop, Dues Checkoff, Discipline Rules and the Grievance Procedures that are applicable to employees in active service.
    8. An employee on the Reserve Board who is eligible for a full annuity under the Railroad Retirement Act shall continue to be eligible for the Reserve Board except that in addition to other authorized deductions there also shall be deducted the amounts the employee could have received from Railroad Retirement.
    9. Under this Article IV, an eligible employee is defined as an employee holding a regular assignment, including extra board assignments, on October 14, 1986.
    10. It is understood that furloughed employees who are “protected” employees under the basic Crew Consist Agreement shall be eligible to place on this Reserve Board upon recall.

ARTICLE V
PRODUCTIVITY FUND/SPECIAL ALLOWANCE

  1. For each tour of duty or trip operated on the 12th Seniority District with a crew consist of one conductor/foreman and one brakeman/helper over the number of employees on the Reserve Board, the Company will pay into the Employee’s Productivity Fund the sum of $48.25. For example, if there were 20 pool turns, local assignments and yard jobs and 20 employees on the Reserve Board, no payments would be made. If there were 20 pool turns, local assignments and yard jobs and 15 employees on the Reserve Board, payments would be made into the Employee’s Productivity Fund for 5 pool turns, local assignments and yard jobs on a tour of duty/trip basis in accordance with the basic Crew Consist Agreement.
  2. This payment will be made in accordance with the basic Crew Consist Agreement.
  3. The Special Allowance payments provided for in the basic Crew Consist Agreement shall apply to crews operated with one conductor/foreman and one brakeman/helper under this Agreement.

ARTICLE VI
IMPLEMENTATION

  1. Prior to December 1, 1986, the Carrier shall bulletin to all eligible employees on the 12th Seniority District the opportunity to select one of the following options: separation allowance, regular job, guaranteed extra board, or reserve board.
  2. Under this Article VI, an eligible employee is defined as an employee holding a regular job, including extra boards, on the 12th Seniority District on October 14, 1986.
  3. Assignments to these options shall be made by seniority preference. It is understood that all regular jobs and guaranteed extra board positions must be filled initially by eligible employees.
  4. Eligible employees shall not be furloughed as a result of the implementation of this Agreement. Eligible employees may be furloughed as a result of a subsequent reduction in the number of regular jobs and guaranteed extra board positions.
  5. When permanent vacancies occur on a regular job, guaranteed extra board position or reserve board, employees on a regular job, on a guaranteed extra board or on a reserve board may elect, by seniority option, to fill the vacancy. If the vacancy is not filled, it will be filled by the recall of a furloughed employee. If the vacancy is filled, the resulting vacancy will be processed immediately following the above-described procedure. This process will continue until a furloughed employee is recalled. The application process, rather than bulletins, shall be used to fill these vacancies.
  6. For eligible employees on the 12th Seniority District, there shall be a so-called “Sadie Hawkins Day” each June 1 and December 1. Positions involved in the “Sadie Hawkins Day” will be regular jobs, guaranteed extra board positions, and the Reserve Board.
  7. It is understood that the Reserve Board will not operate when all employees on the appropriate Seniority Roster on the date of this Agreement are placed on either a guaranteed extra board position or a regular job.