MR G A EICKMANN
GENERAL CHAIRMAN
UTU(C&T
2933 WOODSIDE DRIVE F
TOP E K A K C 6 6 6 1 4
Side Letter No. 1
Dear Sir:
This refers to our discussions concerning Article III, Section 2 of the Modified Crew Consist Agreement effective February 1, 1992 amending the Crew Consist Agreement of June 29. 1984.
Section 2 refers to “Employees who are in engine service” who return to train service and provides certain benefits to those employee. A question has arisen as to which “engine service” employee are being referred to.
Article XIII, Section 2, of the October 31, 1985 UTU National Agreement provides for the establishing of Brakeman’s seniority for engine service employee who did not hold it on November 1, 1985, and those who entered engine service after that date who had not first established seniority as a trainman. The Agreement states further:
“… such employe shall not, by such placement, be given any “present or protected employe” rights under present crew consist agreements or any negotiated in the future ”
Based on this language it was agreed that Article III, Section 2, of the February 1, 1992, Agreement referred to brakemen who had crew consist rights prior to entering engine service or were post October 31, 1985, employee who were in train service prior to entering engine service and would have been covered by this Agreement had they not done so. In any event it does not refer to engine service employee who obtained train service dates under Article XIII, Section 2, of the October 31, 1985 Agreement.
Yours truly,
AGREED:
– ~ 5
W. S. HINCKLEY /
General Chairman. UTU‑
C&]
DIRECTOR ‑ LABOR R~T.A~ T
ON~
Side Letter No. 2
Dear Sir:
This is to confirm our discussions of the Agreement effective February 1, 1992, amending the Crew Consist Agreement of June 29, 1984.
It was agreed that in the computation of guarantee for reserve board and separation allowance payments, UTU union officers will have union compensation added to their railroad earnings.
This refers to our discussions concerning Article VII of the Modified Crew Consist agreement effective February 1, 1992, amending the Crew Consist Agreement for June 29, 1984.
Article VII provides for offsets based on the number of employee on Tier II Reserve Boards. Since the Tier II Reserve Boards overlap the Productivity Fund accounts, the parties agreed as follows:
Side Letter No. 3
( Zone 100 ~
Dear Sir:
During our negotiations of the Modified Crew Consist Agreement effective February 1, 1992, the issue of whether there would be an opportunity for employee to exercise so called “Sadie‑Hawkins” rights to and from the Reserve Boards was discussed. It was understood that such rights were intended and they would be implemented as follows:
Side Letter No. 4
( Zone 200 ~
Dear Sir:
During our negotiations of the Modified Crew Consist Agreement effective February 1, 1992, the issue of whether there would be an opportunity for employee to exercise so called “Sadie‑Hawkins” rights to and from the Reserve Boards was discussed. It was understood that such rights were intended and they would be implemented as follows:
March 9, 1992
Side Letter 5
Dear Sir:
This refers to the provisions of Article III Reserve Boards that provide for the use of an employe’s W‑2 earnings for the year 1990 or 1991 in establishing the 70% or 85% rate to be used while ran the annl i cab1 e reserve hoarc1s
A question has been raised as to whether the use of W‑~ earnings properly reflects the proper rate for employee who suffered on‑duty injuries and lost time during 1990 or 1991 as E result of the on‑duty injury. In reviewing this matter it was agreed:
(1) Employes who have lost time in 1990 or 1991 due to an on‑duty injury will have their rate adjusted as f o l l oT.7s ‑
Mr. G. A. Eickmann
March 9, 1992
Page Two
File: 380.10‑7
Side Letter No. 6
(2) It will be the responsibility of the employe in~ured on duty to provide necessary information concerninq lost time and non‑lost time months.
AGREED:
March 9, 1992
Side Letter #7. zone 2nn
Dear Sir:
This refers to the provisions of Article III Reserye Boards that provide for the use of an employe’s W‑2 earnings for the year 1990 or 1991 in establishing the 70% or 85% rate to be used while on the applicable reserve boards.
A question has been raised as to whether the use of W‑2 earnings properly reflects the proper rate for employee who suffered on‑duty injuries and lost time during 1990 or 1991 as a result of the on‑duty injury. In reviewing this matter it was agreed:
This refers to the provisions of Article III Reserye Boards that provide for the use of an employe’s W‑2 earnings for the year 1990 or 1991 in establishing the 70% or 85% rate to be used while on the applicable reserve boards.
A question has been raised as to whether the use of W‑2 earnings properly reflects the proper rate for employee who suffered on‑duty injuries and lost time during 1990 or 1991 as a result of the on‑duty injury. In reviewing this matter it was agreed:
Mr. G. A. Eickmann
March 9, 1992
Page Two
File: 380.10‑7
Side Letter #7
(2) It will be the responsibility of the employe injured on duty to provide necessary information concerning lost time and non‑lost time months.
May 18, 1992
Side Letter No. 8
This refers to our discussions concerning the procedures to be used when yardmen make app1 ication to other yards .
Under present schedule rules, the only time that yardmen were allowed to bid to regular jobs in another yard was when “closeo yards” existed on the Eastern District. Then, a bulletin was issued division wide, advertising a permanent yard vacancy within the “closed yard” under the provisions of yard Rule 12(K)(4)(A) ano were only advertised to employee outside of the “closed yard.’ Presently, there are no “closed yards” left on the Eastern ni stri ct. .
Regular yardmen in “open yards” can transfer to another yaro under the provisions of Yard Rule 12(K)(3) (A) only in case of permanent vacancies or when additional permanent positions are added . They cannot bans f er to an extra board except as provided by the April 28, 1987 Modification which allows a yardman who had been furloughed at his home terminal and transferred to another yard to return to his home terminal to either a regular position or the extra board i f he does so at the f irst opportunity.
Extra yardmen can transfer to either a regular position or the extra board under the provisions of Yard Rule 12(K)t3)(B); however, the rule requires that he obtain a release before ef fecting the transfer. The rule does not specify a set time period imposed on the Carrier to effect the release.
F\a s ed on ~ h e a bove
Mr. G. A. Eickmann
May 18, 1992
Page Two
File: 380.10‑7
Side Letter No. 8
(2) Under Yard Rule 12(K)(3)(B), extra employee may make application to a regular position, a permanent vacancy or the extra board at another location; however, before being allowed to transfer he muu~:t obtain a releasc~
(3) If the Tier I Reserve Board or the Ready Reserve Board at the location where the employe is transferring from is exhaustec and the employe is the junior employe who is forced back to the same location under Article V of the 1991 Modified Crew Consist Agreement, the employe will be notified and their application to transfer will be rejected.
Should the above properly reflect the proper interpretation of the rules cited, please sign below and return one copy to this
eF p; _~
Yours truly
Side Letter No.9
May 29, 1992
380. 10‑7
cone 1 On
Dear Sir:
This refers to your letter dated April 22, 1992, requesting c modification of the 1991 Crew Consist Modification to permit at employs recalled from a reserve board an exercise of seniority.
A review of other crew consist agreements reveals that many of them have adopted language to permit an exercise of seniority. Recognizing that the assignments that have gone no bid are usually the least desirable as to location or hours worked, the other agreements have permitted the exercise to limit movement after a recall has taken olace.
Therefore, the Carrier proposes as follows:
(1) Article V, Section 2 of the December 19, 1991, Modified Crew Consist Agreement shall have a new paragraph (f) added which states ~
above shall be permitted to displace a junior employs in road or yard service so long as the employs has not marked up on the assignment for which recalled and the recall period or Article ITI Section 9 has not lapsed.”
Either party may cancel this side letter upon 10 days’ written notice to the other party.
Side Letter No. 10
May 29, 1992
Dear Sir:
This refers to your letter dated April 22, 1992, requesting a modification of the 1991 Crew Consist Modification to permit an employe recalled from a reserve board an exercise of seniority.
A reyiew of other crew consist agreements reveals that many of them have adopted language to permit an exercise of seniority. Recognizing that the assignments that have gone no bid are usually the least desirable as to location or hours worked, the other agreements have permitted the exercise to limit movement after a recall has taken place.
Therefore, the Carrier proposes as follows:
(1) Article V, Section 2 of the December 19, 1991, Modified Crew Consist Agreement shall have a new paragraph (f) added whic}
s+ a~es .
“Employee recalled in (a) through (c) above shall be permitted to displace a junior employe in road or yard service so long as the employe has not marked up on the assignment for which recalled and the recall period of Article III Section 9 has not lapsed.”
Either party may cancel this side letter upon 10 days’ written notice to the other party.
