Guarantee

E-013-22-16
E-013-CMS-E

AGREEMENT
between
UNION PACIFIC RAILROAD COMPANY-EASTERN DISTRICT
and
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
GUARANTEED ENGINEER’S EXTRA BOARD
EASTERN DISTRICT

A guaranteed engineer’s extra board may be established at locations as agreed to by separate individual implementing agreements, and will be governed as follows:

  1. OPERATION. The engineer’s guaranteed extra board will operate on a rotary basis. Any engineer displacing on or marking up for service will be placed at the bottom of the board at the time of such displacement or mark-up. Engineers returned to the board after working will be placed at bottom of the extra board per tie-up time. If more than one tie-up at the same time, previous board standing will govern.
  2. GUARANTEE. Engineers assigned to the extra board shall receive a semi-monthly guarantee equivalent to 1800 miles per pay period at the standard basic daily through freight rate applicable to the weight-on-drivers bracket, 950,000 and less than 1,000,000 pounds at the January 1, 1984 rate of $1.0819 per mile. “This rate is subject to future general wage adjustments including COLA. The guarantee shall be computed on a daily basis and shall not apply to any calendar day the extra engineer lays off or otherwise becomes not available for service or any following calendar day which an extra engineer continues to lay off or to be unavailable past 12:00 Noon.

NOTE: See “Attachment A” for various examples.
All earnings received by extra engineers assigned to the extra board will be used in computing such guarantee. Extra engineers laying off on call, missing call or not available for call account tied up for extra rest will have their guarantee reduced by the amount they would have earned had they not laid off on call or missed call, with a minimum of a guaranteed day. Extra engineers missing call when other than first-out will have their guarantee reduced by one dav only. Extra engineers unavailable more than two (2) occurrences per pay period, or being unavailable more than 72 combined hours per pay period, will have their guarantee suspended for such pav period. This will include any unavailable status including extra rest, but will exclude layoffs for Company business and local chairman, legislative representative, vice local chairman, secretary treasurer or division president who must lay off for union business.

Engineers added to the extra board will be paid guarantee for the day added provided they meet the avail-ability requirements of this agreement and all earnings made on the day added will be included in the computation of guarantee. Guarantee will not be paid to an engineer on the day reduced from the extra board.

NOTE: See “Attachment A” for examples of guarantee payment.

  1. LAYING OFF OTHER THAN ON CALL (AT HOME TERMINAL). An extra engineer laying off for anv reason and at any time other than on call will not be permitted to mark-up for twelve (12) hours from the time he laid off. He must mark-up to resume service.
  2. LAYING OFF (ON CALL) AT HOME TERMINAL. An extra engineer laying off on call will be held in until the tie-up of the respondent or twelve (12) hours from the time of the lay-off, whichever is later, and he must mark-up to resume duty. It is understood that this provision does not estop the Carrier from administering such discipline as it deems proper for a missed call.
  3. MISSING CALL (AT HOME TERMINAL). An extra engi-neer missing call will He automatically marked to the bottom of the extra board at the time of such miss call.
  4. MISSED CALL (AT FAR TERMINAL). For guarantee purposes, an extra engineer missing a call or laying off at the far terminal will be treated the same as an extra engineer laying off on call at the home terminal and will not be returned to the extra board until tie-up of the assignment he missed call for.
  5. OUTLYING VACANCY. An extra engineer who misses a call, lays off on call or ties-up for extra rest when he stood for an outlying vacancy will, upon reporting for service, be required to relieve the engineer who accepted the call if he is still occupying the outlying vacancy. His guarantee will be reduced by the amount he would have earned.
  6. TYING UP FOR EXTRA REST. An extra engineer tying up for extra rest will retain his position on the extra board. If he becomes first-out and thus not available for service, he will be held in until the tie-up of the respondent or twelve (12) hours from the time of miss call, whichever is later. He must mark-up to resume service.
  7. REGULATION. The number of employees assigned to the extra board shall be determined by the Carrier. Assignments to the guaranteed extra board shall be made in accordance with Schedule Rule 92 and modifications thereto. Any changes in the number of engineers assigned to the extra board shall be made at times agreed to by the Local Chairman and the designated Carrier Officer. Engineers added to the extra board shall not be removed therefrom for a period of 7 days but may bid off or be displaced sooner.

EXAMPLE: Extra board is added to on May 1. Engineer assigned to the extra board on May 1 may not be removed until May 8.

  1. DEADHEADING. Deadheading which results from the regulation of the extra board will not be paid for.
  2. SHORT TURNAROUNDS. Extra engineers making a short turnaround trip out of the hone terminal of assignment will be placed at the bottom of the extra board.
  3. CONFLICTING AGREEMENTS. This agreement in no way conflicts with Rule 67, “TIE UP FOR EXTRA REST”, and the separate seniority district union business agreements; however, all other agreements in conflict with this agreement are hereby superseded while this agreement is in effect.
  4. PENALTY CLAIMS. The Company will not be penalized in any way in the application” of this agreement.
  5. TERMINATION. This agreement will automatically terminate ten (10) days after service of written notice of desire to so terminate by either party upon the other.

Dated at Omaha, Nebraska, this 25th day of October, 1985.

FOR THE BROTHERHOOD OF FOR THE UNION PACIFIC
LOCOMOTIVE ENGINEERS: RAILROAD COMPANY:
General Chairman Director-Labor Relations/ED

“ATTACHMENT A”

EXAMPLES FOR PAYMENT OF GUARANTEE
An extra engineer:

    1. WHEN FIRST-OUT (LAYING OFF AND MISSING A CALL).
      1. Lays off or lays off on call; at 10:30 P.M. January 3 and marks up at 12:00 Noon January 4. The extra engineer will lose guarantee or the amount he would have earned for the calendar day January 3. If the extra engineer had not marked up until 12:01 P.M. January 4 he would have lost guarantee or the amount he would have earned for the calendar days January 3 and 4. If the extra engineer continues to lay off greater than 72 hours, he will have his guarantee suspended for that half.
      2. Lavs off; at 1:00 A.M. January 3 and marks up at 1:00 P.M. January 3. The extra engineer will lose guarantee for the calendar day January 3.
      3. Misses a call; at 11:00 A.M. January 3. The extra engineer will lose guarantee for January 3 or the amount he would have earned for January 3.
    2. WHEN SECOND-OUT (MISSING A CALL).
      1. Misses one call at the home terminal at 11:00 A.M. January 3. He will lose one day’s guarantee.
      2. Misses two calls at the home terminal: at 11:00 A.M. January 3 and misses another call at 4:00 P.M. January 3 when first-out. The extra engineer will lose guarantee or the amount he would have earned for January 3.
      3. Misses three calls at the home terminal! at 11:00 A.M. January 3 when second out, misses a second call at 4:00 P.M. January 3, and misses another call at 10:00 P.M. January 3. The engineer will lose his guarantee for the first-half pay period of January.

NOTE: In the examples l(c) and 2(a)(b)(c) above, the extra engineer automatically drops to the bottom of the extra board at the time of the miss call.