This agreement made and entered into this 22nd day of May, 1972 by and between UNION PACIFIC RAILROAD COMPANY‑EASTERN DISTRICT (hereinafter called “Company”)and the UNITED TRANSPORTATION UNION (C)(T) (hereinafter called “UTU”)pursuant to Article XII, Interdivisional Service” of the National Agreement dated January 27, 1972.
It is mutually agreed by and between the parties hereto as follows:
NOTE: For the purpose of this agreement, Seniority Districts are identified by District Number as follows:
| District Number | Territory |
|---|---|
| 1 | Omaha to Grand Island and branches, including Beatrice. |
| 2 | Grand Island to North Platte and branches, to but not including Hastings. |
| 3 | North Platte to Sidney and North Platte branch, including Yoder and South Torrington. |
| 4 | Sidney to Cheyenne and North Platte Cut-Off to Gering and South Torrington. |
| 5 | Cheyenne to Laramie and branches. |
| 6 | Laramie to Rawlins and branches. |
| 7 | Rawlins to Green River and branches. |
| 8 | Green River to Ogden and branches. |
| 9 | Kansas City to Junction City and branch to but not including Beatrice. |
| 10 | Junction City to Ellis and branches to Plainville. |
| 11 | St. Joseph to Marysville and Marysville to Grand Island and/or Hastings. |
| 12 | Ellis to Cheyenne and/or Laramie via Denver and branches including Julesburg and Plainville branch from Oakley to Plainville. |
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Section 1. In accordance with Sections 1 and 2 of Article XII
of the National Agreement dated January 27, 1972 and subject to the provisions of . of this Part I, the Company may establish interdivisional service as set forth below:
For the purposes of this agreement the phrase “Interdivisional Service” means “Interdivisional, Interseniority District, Intradivisional and/or Intraseniority District Service” (Freight or Passenger) as used in Article XII of the National Agreement dated January 27, 1972,
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Section 1. In interdivisional service all miles run over one hundred (100) shall be paid for at the mileage rate established by the basic, rate of pay for the first one hundred (100) miles or less.
Section 2. The Superintendent of the Company and Local Chairmen of the UTU will meet periodically for the purpose of making whatever adjustments are necessary to maintain a proper equalization of mileage between the affected districts.
On and after the effective date of written notice served pursuant to Section 2. Part I, of this agreement the following rules changes will be effective only for employes actually engaged in interdivisional service established pursuant to such written notice:
Section 1. Employes on affected seniority districts may,at the Company’s option, be given an opportunity to resign and accept a retirement allowance. The amount of the retirement allowance will be based upon the age of the employe as of his nearest birthday on the date such allowance is offered. The amount of the allowance will be:
| Age at Nearest Birthday | Allowance |
|---|---|
| 64 and under | 12 months’ pay |
| 65 | 10 months’ pay |
| 66 | 8 months’ pay |
| 67 | 6 months’ pay |
| 68 and over | 4 months’ pay |
In determining retirement allowances, the appropriate number of months’ pay will correspond with the earnings in the same number of months in which compensated service was performed immediately preceding the last day of compensated service.
For the purpose of this agreement, the ages and birth dates of employes will be those shown in the records of the Company.
Section 2. The acceptance of the retirement allowance shall be at the option of the eligible employe to whom offered. Acceptance shall be in writing, shall be irrevocable and shall be received by the officer offering the allowance within fifteen (15) calendar days of receipt of such offer.
Section 3. An eligible employe who elects to accept and is awarded an allowance shall thereupon terminate his employment relationship with the Carrier, and the effective date of such termination shall be that date so specified by the Company and such date shall be within thirty (30) days of the date of the offer unless otherwise agreed by the parties hereto. A minimum of fifteen (15) calendar days’ advance notice of the date of termination of employment shall be given the employe offered a retirement allowance.
Section 4. The allowance provided in this Part IV shall be paid within sixty (60) calendar days of the date of the termination of employment relationship of the eligible employe except at the option of the eligible employe the allowance may be paid in two (2) or three (3) annual installments on the anniversary date of termination.
Section 5. The retirement allowance herein provided for will be in addition to any vacation allowance to which an employe accepting such retirement allowance is entitled as of the date of his retirement.
Section 1. Each employe adversely affected by the application of this agreement will be covered by, and be subject to, the provisions of Article XIII “Protection of Employes” of the National Agreement dated January 27, 1972 except that an employe, who is required to change his place of residence because of the implementation of this agreement and who qualifies for the benefits provided in Section 9 of said Article XIII, shall be allowed a total lump sum of $1,000,00 in lieu of both the maximum of five (5) working days and the $400.00 transfer allowance provided for in said Section 9 of Article XIII. Other than as specifically provided herein benefits available under said Article XIII are not altered by this Section 1.
Section 2. Each employe, who is required to change his place of residence because of the implementation of this agreement and who qualifies for the $1,000.00 lump sum payment provided for in Section 1 of this Part V, and who is also a “Home Owner” as defined herein shall also be allowed:
NOTE: “Home owner” as used herein means an employe who, on the date of the written notice referred to in Section 2, Part I of this agreement own.‑, his own home or who is purchasing his own home under a land contract and who, as a result of the application of this agreement, is required to change his place of residence within the meaning of Section 9 of Article XIII of the National Agreement dated January 27, 1972.
Section 4. After establishment of interdivisional service on any of the territories listed in Section 1, Part I, of this agreement, the protected period for displaced employes will commence on the effective date of the written notice referred to in Section 2, Part I, of this agreement, and the Company will, on request of any such displaced employe or his representative, furnish within a reasonable time figures representing his “average monthly compensation” and “average monthly time paid for” as those terms are used in Section 3(b) of Article XIII of the National Agreement dated January 27, 1972.
Section 1. Employes in interdivisional service will be allowed a $2.00 meal allowance after 4 hours at the away‑from‑home terminal and another $2.00 allowance after being held an additional 8 hours.
Section 2. In order to expedite the movement of interdivisional runs, crews on runs of 100 miles or less ‑m7ill not stop to eat except in cases of emergency or unusual delays‑ For crews on runs of more than 100 miles, the Company shall determine the conditions under which such crews may stop to eat. When crews on runs of more than 100 miles are not permitted to stop to eat, members of such crews shall be paid an allowance of $1.50 for the trip.,
Section 3. Suitable lodgings will be provided for employes in interdivisional service in accordance with the provision of Article II of the June 25, 1964 Agreement which lodgings will be equivalent to the existing lodging facilities now provided, Also, suitable transportation to and from lodging point will be provided for employes in interdivisional service where the designated lodging facility is not within one mile of the register point.
NOTE: Suitable transportation includes carrier owned or provided passenger carrier motor vehicles or taxi, but excludes other forms of public transportation,At North Platte, while the existing lack of public transportation persists, the Company will there provide shuttle service at regular intervals for employes engaged in interdivisional service between the register point and the designated lodging facility. In the event public transportation becomes available at North Platte the provisions of the first paragraph of this Section 3 will apply.
Section 4. When an employe engaged in interdivisional service 1.9 required tO deadhead to his far terminal. to attend a disciplinary hearing as provided for by Section 5, Part VIII of this agreement such employe may use the designated lodging facility while required to remain at the far terminal incident to attending such investigation.
Section 1. Irregular and unassigned non‑interdivisional service, including dog‑catching, shall be protected and manned by extra employes from the seniority district over which such service operates.
Section 2. Vacancies in interdivisional service occurring at the far terminal of the turn will be protected and manned by extra employes from the home terminal of the turn, If such extra employes cannot be made available at calling time of such turn at the far terminal the vacancy will be protected and manned in accordance with the provisions of the supplemental agreement dated October 7, 1970 entitled “Brakemen Used Off Assignment” and in that event, the extra employe called from the home terminal will protect the resulting vacancies for which such extra employes are available at the far terminal.
Section 3. Dog‑catching in interdivisional service in territories having two home terminals shall be protected and manned by extra employes from the seniority district over which such service operates.
Section 1. When an employe engaged in interdivisional service is required to report for duty or is relieved from duty at a point other than the on and off duty points fixed for the service established hereunder, the Company shall authorize and provide suitable transportation for the employe,
Section 2. An employe returning to active service as a conductor or brakeman from leave of absence, discipline, promotion to an official position with the Company or full time assignment as a representative of the UTU will be given the options and resulting benefits provided for in this agreement to the extent he qualifies therefor, with time limitations contained herein running from the date of his return to active service,
Section 3. Non‑interdivisional service will continue to be manned by employes from the seniority district over which such non-interdivisional service operates.
Section 4. Employes called for interdivisional service and not used shall be allowed 50 miles and stand first out; and if held on duty to exceed four hours, such employe shall be allowed 100 miles and stand first out and shall be restored to his same relative position on the pool board at first opportunity.
Section 5. Disciplinary hearings involving an employe who is engaged in interdivisional service will be held at the employe’s home terminal, except when the majority of the crew lives elsewhere. If attendance at an investigation requires an employe to travel over any portion of the interdivisional territory, he will be allowed deadhead miles over that portion of the territory where he holds no primary rights.
EXAMPLE ‑ A Fourth District employe is required to travel from Cheyenne to North Platte for an investigation. He will be allowed deadhead miles from Sidney to North Platte to Sidney.
Section 6. Except in case of wrecks, floods, washouts and storms, employes manning interdivisional service will not be tied up enroute under the Hours of Service Act and held at such intermediate point and then required to resume their trip after obtaining legal rest. In the event of non‑compliance with this Section 6 the held employe will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to his same relative position on the board.
Section 7. An employe in interdivisional service having time to work under the Hours of Service Act will not be required to exchange trains with an employe who is on short time under the Hours of Service Act., In the event of non‑compliance with this Section 7 the employes who are required to exchange trains will be allowed a penalty payment of 100 miles and will be restored at the first opportunity to their same relative position on the board.
Section 8. It is understood that the road mileage figures set forth in Part I, Section 1, of this agreement are intended to represent the actual distances between the designated departure point at the initial terminal of the run and the designated arrival point at the final terminal of the run. if such mileage figures are proved to be other than as listed, such figures will be adjusted accordingly.
Section 1. Notices referred to in Section 2, Part I of this agreement may be served by the Company on or after 12:01 AM, May 22, 1972.
Section 2. When a notice is served pursuant to Section 2, Part I of this agreement establishing interdivisional service on a district or territory having two home terminals, the parties will meet within 7 days of the date of service of such notice attempt, to agree upon how employes from the interdivisional pools at each of these home terminals will be used for such interdivisional service. Unless otherwise agreed to by the effective date of the interdivisional service as specified in the notice, the following procedures will apply.
Section 3. Subject to the provisions of section 4 of this Part I) when a notice is served pursuant to Section 2, Part I of this agreement establishing interdivisional service on a district or territory having only one home terminal, a single inter- pool will be established and maintained at the home terminal and employes will operate in interdivisional service on a first-in, first-out basis from that interdivisional pool.
Section 4. Nothing in this agreement shall be construed as modifying or amending any of the “Blue Print Board” agreements in effect between the Company and the UTU.
The receipt of benefits by an employe under Parts IV and V of this agreement shall constitute a waiver of any right of such employe to claim or receive the same or any similar benefits under any other agreement to which the Union Pacific is a party.
Nothing herein contained shall be construed as modifying or amending any of the provisions of the Schedule Agreement between the Company and the UTU, except as herein provided.
This agreement shall, become effective May 22, 1972 and will remain in full force and effect until changed in accordance with the provisions of the Railway Labor Act, as amended.
Dated at Omaha, Nebraska this 22nd day of May, 1972.
UNITED TRANSPORTATION UNION (C)
V. K. Tatum
General Chairman
UNITED TRANSPORTATION UNION (T)
J. R. Dennis
General Chairman
UNION PACIFIC RAILROAD COMPANY
J. H. Kenny
Director of Labor Relations
