October 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm our understanding during the negotiations with respect to the provisions of Article X of the National Agreement concerning the elimination of cabooses. It was the intention in referring to the number of cars in a train to avoid disputes, recognizing that the number of cars in a given train varies from day to day and from point to point on the same day as cars are added or set out. The number of cars stated in the Agreement refers to the usual number of cars in the train. As cars are added or subtracted en route, it is not intended that there be disputes over the exact number of cars so long as the flexibility to add and subtract cars en route is exercised in line with normal operating practices and does not go beyond the intent of the Agreement or this letter.
It was further understood that the provisions of Article X shall not be cited by either party with respect to any negotiations concerning crew consist.
The purpose of the provision in the Agreement requiring a carrier to give notice describing the train or type of trains constituting the assignments on which it intends to eliminate cabooses is so that the General Chairman (or Chairmen) will be adequately informed in advance of any discussions with respect to this matter. Such other details as may be appropriate can, of course, be developed during such discussions. For example, we agreed that adequate notice would be one that stated that it was a carrier’s intention to eliminate cabooses on all local freights operating between two specified points. On the other hand, where only certain trains in a common territory with other trains are identified, sufficient information would be given to identify the types of runs or assignments involved.
Finally, it is understood that the appropriate General Chairmen will be provided on a periodic basis relevant information concerning the number of cabooses the carrier has eliminated. If disputes arise concerning the propriety of the elimination of a caboose from any particular train, run, or assignment, the carrier shall provide the information it relied upon in making its decision to eliminate such caboose.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. 1. Hopkins, Jr.
I concurs
October 1982
Hr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm our discussions during the negotiations of the National Agreement concerning the continuation of the Joint Interpretation Committee, which was informally established following the execution of the August 25, 1978 National Agreement.
Through utilization of the Joint Interpretation Committee, numerous questions concerning the application of that Agreement were resolved and the invocation of formal dispute procedures avoided.
Accordingly, with the view of continuing the success in this regard insofar as disputes involving the 1978 National Agreement are concerned, and with the expectation that the same results can be achieved relative to disputes which may arise under the National Agreement, the Joint Interpretation Committee previously established shall continue to function through the term of the National Agreement and is authorized to consider questions of application of its provisions that may arise for the purpose of providing a uniform application of such provisions.
In particular, the parties have established a procedure providing for the elimination of cabooses in a good-faith effort to follow the recommendations of Emergency Board No. 195. This procedure envisions a process that will be carried out on an individual railroad basis in accordance with the guidelines and procedures established under the National Agreement. In order that the intent of this provision be fulfilled, the Joint Interpretation Committee will review and attempt to resolve any issues that may arise concerning the implementation of this provision.
The Joint Committee shall consist of representatives appointed by the organization and representatives appointed by the National Carriers’ Conference Committee.
If the above conforms with your understanding, please indicate by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
October 1982
Mr. Fred A, Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm our understanding that, for purposes of Article XII of the National Agreement dated ________, any employee qualifying for the lump-sum payment shall receive $30.00 if the employee’s first service performed on or after January 1, 1982 was as a locomotive engineer and the organization signatory hereto represented the craft of locomotive engineers as of that date.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. L. Hopkins, Jr.
I concur:
October 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr, Hardin:
This will confirm the understanding reached during the negotiations of the National Agreement that the Joint Labor-Management Committee on Physical Disqualification Procedures, established pursuant to the provisions of Article XIV of the August 25, 1978 National Agreement, shall be continued through the term of the National Agreement.
Very truly yours,
C. I. Hopkins, Jr.
October 1982
Mr, Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr, Hardin:
This will confirm our understanding reached in current negotiations that the moratorium provisions of the Agreement do not preclude the serving of local notices to correct conditions with respect to suitable lodging accommodations as provided in individual agreements; provided, however, that no such local notices will be served for the purpose of changing the amount of allowance being paid in lieu of lodging, nor the qualifying conditions for eligibility for away-from-home expenses.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
October 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This confirms our understanding that, to the extent possible, employees eligible for an additional week of vacation in 1982 because of the revisions provided for in Article III of this Agreement should be granted such additional vacation prior to the end of this calendar year. However, if the carrier is unable to grant this additional vacation benefit during the balance of this year, such employees shall be paid in lieu of that additional week of vacation.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
T. I. Hopkins, Jr.
October 1982
Mr, Fred A, Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This confirms our understanding reached during negotiations leading to the 1982 National Agreement that the carriers’ withdrawal of their proposal with respect to entry rates is in recognition of the parties’ understanding that the subject of entry rates is covered by the subject matters submitted to the Study Commission established pursuant to Article XI of this Agreement.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
October 1982
Mr, Fred A, Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This confirms our understanding that the salary and expenses of the Chairman of the Study Commission, as provided for in Article XI of the 1982 National Agreement, will be shared equally by the parties. Furthermore, it is agreed that this understanding will not constitute any precedent concerning the payment of neutrals by the parties for any other purpose.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
October 1982
Mr, Fred A, Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
In accordance with our understanding, this is to confirm that the carriers will make their best efforts to provide the retroactive wage increases in a single, separate check no later than sixty (60) days following ratification. If a carrier finds it impossible to make the retroactive payments within sixty days, it is understood that such carrier will notify the General Chairmen in writing as to why such payments have not been made and indicate when it will be possible to make such retroactive payments.
It is further understood that such retroactive wage increases are due only to employees who (a) have performed service during the period covered by the retroactive wage increases and (b) have continued their employment relationship up to the date of this Agreement or have in the meantime either retired or died.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
October 1982
Mr, Fred A, Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This is to confirm our understanding that the provisions of Article XIII of the 1982 National Agreement are not applicable to pending notices, or new notices which may be served, seeking to adjust compensation with respect to compensation relationships between train crews or firemen and engineers where compensation, regardless of how derived, has been changed for engineers because of a crew consist agreement.
Any organization notice served which meets these conditions may be progressed within, but not beyond, the specific procedures for peacefully resolving disputes which are provided for in the Railway Labor Act, as amended.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
October 1982
Mr, Fred A, Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
A committee shall be established by the Joint Policyholders consisting of an equal number of organization and carrier representatives for the purpose of continuing exploration of ways to contain or decrease the costs of maintaining the National Health and Welfare Plan without decreasing the benefits or services that the Plan provides. In pursuing cost containment measures, the committee will be authorized to obtain and/or develop whatever information is necessary in order to determine where the Plan is incurring unnecessary or excessive expenses. The committee shall make such recommendations as it deems appropriate for implementing any of its findings.
The committee is also authorized to investigate and recommend the implementation of new experimental programs on a community or other basis for the purpose of determining whether existing benefits can be provided in ways which may reduce costs to the Plan while at the same time preserving them.
In addition, the committee may consider alternatives to the current Joint Policyholder arrangement, and consider submitting the Plan to competitive bidding; and in this process, identify insurers that are fit and able to provide the services necessary in connection with the Plan, the selection criteria, and the bid specifications.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
October 1982
Mr, Fred A, Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This confirms our understanding that upon notification of ratification of the tentative national settlement reached today, the parties will take such steps as necessary to withdraw without prejudice Civil Action No. 82-0278, Atchison, Topeka and Santa Fe Railway Company v. United Transportation Union, currently pending before the United States District Court for the District of Columbia.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
October 1982
Mr, Fred A, Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm our understanding that Article XII of the National Agreement dated October 15, 1982, providing a lump-sum payment in lieu of personal leave days, does not affect any local agreement on the subject of personal leave days.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I concur:
EXHIBIT A
RAILROADS REPRESENTED BY THE NATIONAL CARRIERS’ CONFERENCE COMMITTEE — IN CONNECTION WITH NOTICES, DATED ON OR ABOUT FEBRUARY 2, 1981, OF DESIRE TO CHANGE EXISTING AGREEMENTS IN ACCORDANCE WITH PROPOSITION IDENTIFIED AS UTU — ATTACHMENT 1 (WAGES AND RULES), AND NOTICES, DATED ON OR ABOUT FEBRUARY 2, 1981, OF DESIRE TO CHANGE EXISTING AGREEMENTS IN ACCORDANCE WITH PROPOSITION IDENTIFIED AS UTU — ATTACHMENT 2 (HEALTH AND WELFARE), SERVED ON RAILROADS GENERALLY BY THE GENERAL CHAIRMEN, OR OTHER RECOGNIZED REPRESENTATIVES, OF THE UNITED TRANSPORTATION UNION (E), (C), (T) AND/OR (S), AND PROPOSALS SERVED BY THE CARRIERS FOR CONCURRENT HANDLING THEREWITH.
Subject to indicated footnotes, this authorization is co-extensive with notices filed and with provisions of current schedule agreements applicable to employees represented by the United Transportation Union (E), (C), (T) and/or (S), as indicated by an “A” in the appropriate column(s) below:
| Railroad | WfM) | (T) | (S) |
|---|---|---|---|
| Akron & Barberton Belt Railroad Company | x | X | |
| Akron, Canton and Youngstown Railroad Company | X | x | |
| Alameda Belt Line | x | X | |
| Alton & Southern Railway Company | X | x | |
| Atchison, Topeka and Santa Fe Railway Company | X | X | x |
| Atlanta & Saint Andrews Bay Railway Company | Kx | #-x | |
| Belt Railway Company of Chicago | x | ||
| Bessemer and Lake Erie Railroad Company | Yx | YX | |
| Boston and Maine Corporation | 1-x | ||
| Brooklyn Eastern District Terminal | #-x | ||
| Burlington Northern Railroad Company | it | It | X |
| Butte, Anaconda & Pacific Railway Company | x | x | |
| Camas Prairie Railroad Company | X | X | x |
| Canadian National Railways – Great Lakes Region, Lines in the United States | x | ||
| Canadian National Railways – St. Lawrence Region, Lines in the United States | X | ||
| Canadian Pacific Limited | #-x | ||
| Central of Georgia Railroad Company | X | X | X |
| Central Vermont Railway, Inc. | #-x | #-x | |
| Baltimore and Ohio Railroad Company (Chessie System) | 2-z | 3-x | 4-x |
| Baltimore and Ohio Chicago Terminal Railroad Company | x | X | |
| Chesapeake and Ohio Railway Company | it | X | X |
| Chicago South Shore and South Bend Railroad | x | X | |
| Staten Island Railroad Corporation | x | ||
| Western Maryland Railway Company | x | x | x |
| Chicago & Illinois Midland Railway Company | X | X | |
| Chicago and North Western Transportation Company | X | X | X |
| Chicago and Western Indiana Railroad Company | X | X | |
| Chicago, Milwaukee, St. Paul & Pacific Railroad Company – Lines East | X | x | x |
| Chicago Union Station Company | x | ||
| Chicago, West Pullman & Southern Railroad Company | X | x | |
| Colorado and Southern Railway Company | it | X | |
| Columbia & Cowlitz Railway Company | x | X | |
| Davenport, Rock Island and North Western Railway Company | x | x |
image:
——-
EXHIBIT A
page 2
| No. | Railroad | (EV) | (C) | (T) | (S) |
|---|---|---|---|---|---|
| 1 | Denver and Rio Grandi Western Railroad Company | IL | IL | x | IL |
| 2 | Des Moines Union Railway Company | IL | IL | ||
| 3 | Detroit and Mackinac Railway Company | IL | IL | IL | |
| 4 | Detroit & Toledo Shore Line Railroad Company | IL | IL | IL | |
| 5 | Detroit, Toledo and Ironton Railroad Company | IL | IL | ||
| 6 | Duluth, Missabe and Iron Range Railway Company | @-X | @-X | @-X | |
| 7 | Duluth, Winnipeg & Pacific Railway Company | IL | x | ||
| 8 | Elgin, Joliet and Eastern RailwaX Company | ||||
| 9 | Seaboard Coast Line Railroad Company | IL | IL | x | |
| 10 | Gainesville Midland Railroad Company | #-x | |||
| 11 | Louisville and Nashville Railroad Company | IL | Z | X | |
| 12 | Clinchfield Railroad Company | IL | x | IL | IL |
| 13 | Georgia Railroad | IL | It | ||
| 14 | Atlanta and West Point Railroad Company | IL | IL | ||
| 15 | The Western Railway of Alabama | x | IL | ||
| 16 | Atlanta Joint Terminals | X | |||
| 17 | Fort Worth and Denver Railway Company | IL | IL | ||
| 18 | Galveston, Houston and Henderson Railroad Company | IL | IL | ||
| 19 | Grand Trunk Western Railroad Company | IL | x | ||
| 20 | Green Bay and Western Railroad Company | @-x | @-X | ||
| 21 | Houston Belt and Terminal Railway Company | IL | |||
| 22 | Illinois Central Gulf Railroad | X | X | IL | |
| 23 | Illinol”s-Terminal Railroad Company | x | IL | ||
| 24 | Joint Texas Division of CRI&P-FW&D Railway Company | X | IL | x | |
| 25 | Kansas City Southern Railway Company | Z | it | ||
| 26 | Kansas City Terminal Railway Company | IL | IL | x | |
| 27 | Kentucky & Indiana Terminal Railroad Company | IL | IL | ||
| 28 | Lake Erie, Franklin & Clarion Railroad Company | #-x | #-x | ||
| 29 | Lake Superior Terminal & Transfer Railway Company | x | IL | ||
| 30 | Lake Terminal Railroad Company | @-1-X | 01-1 | ||
| 31 | Longview, Portland & Northern Railway Company | IL | |||
| 32 | Los Angeles Junction Railway Company | X | IL | ||
| 33 | Louisiana & Arkansas Railway Company | 5-x | IL | IL | |
| 34 | Maine Central Railroad Company | it | It | IL | |
| 35 | Portland Terminal Company | IL | IL | ||
| 36 | Manufacturers Railway Company | IL | x | ||
| 37 | McKeesport Connecting Railroad Company | Vx | |||
| 38 | Meridian & Bigbee Railroad | #-x | |||
| 39 | Minneapolis, Northfield and Southern Railway, Inc. | IL | x | ||
| 40 | Minnesota, Dakota & Western Railway Company | #-X | #-x | ||
| 41 | Minnesota Transfer Railway Company | It | |||
| 42 | Mississippi Export Railroad Company | IF | IL | #-x | |
| 43 | Missouri-Kansas-Texas Railroad Company | I | IL | ||
| 44 | Missouri Pacific Railroad Company | it | it | X. | |
| 45 | Monongahela Railway Company | IL | IL | ||
| 46 | Montour Railroad Company | x | IL | ||
| 47 | Newburgh and South Shore Railway Company | @-1-X | @.I. | ||
| 48 | New Orleans Public Belt Railroad | IL | IL | ||
| 49 | New York Dock Railway | #-x |
EXHIBIT A page 3
| Railroad Company | (E) | (C) | (T) | (S) |
|---|---|---|---|---|
| Norfolk and Portsmouth Belt Line Railroad Company | IC | |||
| Norfolk and Western Railway Company | IC | IC | IC | |
| Northwestern Pacific Railroad Company | IC | x | ||
| Oakland Terminal Railway | x | |||
| Ogden Union Railway and Depot Company | IC | |||
| Peoria and Pekin Union Railway Company | IC | IC | ||
| Pittsburg & Shawmut Railroad Company | IC | IC | ||
| Pittsburgh & Lake Erie Railroad | IC | |||
| Pittsburgh, Chartiers & Youghiogheny Railway Company | IC | IC | ||
| Portland Terminal Railroad Company | IL | |||
| Port Terminal Railroad Association | IC | IC | ||
| Richmond, Fredericksburg and Potomac Railroad Company | Nx | 6-x | ||
| Sacramento Northern8ailway | IC | |||
| St. Joseph Terminal Railroad | IC | it | IC | |
| St. Louis Southwestern Railway Company | IC | |||
| Soo Line Railroad Company | X | x | ||
| Southern Pacific Transportation Company – Western Lines | 7=x | IC | IC | 8″x |
| Southern Pacific Transportation Company – Eastern Lines | IC | IC | IC | x |
| Southern Railway Company | X | IC | X | |
| Alabama Great Southern Railroad Company | x | IC | IC | x |
| Cincinnati, New Orleans and Texas Pacific Railway Company | it | it | IC | |
| Georgia Southern and Florida Railway Company | IC | it | IC | |
| New Orleans Terminal Company | X | IC | ||
| St. Johns River Terminal Company | IC | IC | ||
| East St. Louis Terminal Company | IC | IC | ||
| Spokane International Railroad Company | IC | IC | IC | |
| Terminal Railroad Association of St. Louis | IC | x | ||
| Texas Mexican Railway Company | x | x | ||
| Toledo, Peoria & Western Railroad Company | IC | IC | ||
| Toledo Terminal Railroad Company | IC | |||
| Union Pacific Railroad Company | IC | X | IC | |
| Walla Walla Valley Railway Company | IC | |||
| Waterloo Railroad Company | IC | |||
| Western Pacific Railroad Company | it | X | IC | |
| Wichita Terminal Association | IC | x | ||
| Yakima Valley Transportation Company | IC | |||
| Youngstown & Southern Railway Company | x |
NOTES:
EXHIBIT A page 4
NOTES:
@ – Authorization excludes negotiation of the organization’s notice dated February 2, 1981 of desire to change existing agreements to the extent indicated in Attachment 2 thereto, and such proposals as were served by the carrier for concurrent handling therewith.
I – Authorization covering Attachment 1 of the organization’s notice dated February 2, 1981 and the carrier proposals is qualified to the extent they are prohibited by Arbitration Award No. 387.
FOR THE CARRIERS:
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UNITED TRANSPORTATION UNION:
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Washington, D.C.
September 15, 1982
