MERGER IMPLEMENTING AGREEMENT PORTLAND HUB — ZONES 2 & 3
QUESTIONS AND ANSWERS
ARTICLE II — SENIORITY INTEGRATION AND CONSOLIDATION
Q1: Article II, A and B, provides that new seniority districts, zones and rosters will be “created.” When will the new seniority rosters be available to the UTU and the affected employees?
A1: All seniority rosters will be developed and furnished to the UTU for revision and correction prior to implementation of Zones 2 and 3. The new Zone 2 and 3 rosters will be made available to the affected employees for their use a minimum 10 days prior to implementation.
Q2: How long will prior rights be in effect?
A2: As long as the employees holding such rights are still working.
Q3: Are full time union officers/representatives, Company officers, employees on medical leaves and those on leave working for government agencies, etc., covered under Article II, Section E?
A3: Yes.
Q4: If a Zone 3 employee is assigned to a position in the Salt Lake Hub, what work may the said employee perform?
A4: The working conditions, including the work or service such employee may perform while assigned to a position in the Salt Lake Hub, will be governed by applicable provisions of the UP Eastern District collective bargaining agreement, subject to the provisions set forth in this Agreement.
Q5: In conjunction with Q&A 4 above, what service can a Zone 3 employee perform at Elko?
A5: The Zone 3 employee can be required to perform service consistent with requirements of his or her assignment and applicable provisions of the UP Eastern District collective bargaining agreement. The Zone 3 employee assigned in the Salt Lake Hub will be subject to the provisions of Article II, Section B, Paragraph 4 of this Agreement.
Q6: In applying Article II, Section B, Paragraph 4.b., is an employee assigned to a Reserve Board position in Zone 3 considered as holding an assignment in Zone 3?
A6: Yes.
Q7: Employee A, whose name is listed on Attachment “A,” is assigned to a “Nampa” position in the LaGrande – Nampa pool. Can Employee A reclaim the position if displaced later?
A7: Yes, provided Employee A’s name has not been removed from Attachment “A,” he or she possesses sufficient seniority, and a “Nampa” pool position is available under applicable ratios.
Q8: Employee B is removed from a “Nampa” pool position and later displaced. Can Employee B reclaim the pool position?
A8: Yes, provided Employee B’s name remains on Attachment “A,” sufficient seniority exists, and a “Nampa” pool position is available.
Q9: How will Zone 1 trainmen who elect to remain in Zone 2 be placed on Zone 2 rosters?
A9: They will be placed on the Zone 2 master seniority roster and the Hinkle-East sub-zone roster with transferred seniority dates.
Q10: How will a Zone 2 employee with pre-December 17, 1996 seniority be treated if working in another sub-zone?
A10: The employee will retain prior rights in the original sub-zone and rights in the new sub-zone based on post-December 16, 1996 seniority.
Q11: Are Zone 3 employees relocating to Zone 2 considered pre-December 17, 1996 employees?
A11: Yes, if they established and retain a Zone 3 seniority date on or before December 16, 1996.
ARTICLE III – THROUGH FREIGHT POOL OPERATIONS
Q12: Are operating parameters altered by this Agreement?
A12: No, except as specifically provided in this Agreement.
Q13: Does this Agreement alter Zone 3 home terminal boundaries?
A13: No, unless specifically modified by this Agreement.
Q14: Does this Agreement alter miles paid for through freight runs?
A14: No, subject to Article VI, Section D.
ARTICLE VI — AGREEMENT COVERAGE
Q15: How will arbitraries and rates of pay be handled for Zone 3 employees?
A15: They will be governed by the UP Eastern District collective bargaining agreement and applicable National Agreements.
Q16: What happens to existing claims filed under former agreements?
A16: Existing claims will continue under prior agreements; no new claims may be filed after time limits expire.
Q17: How is compensation handled for crews receiving trains beyond terminal limits?
A17: An additional one-half basic day plus district miles, with overtime applied if service exceeds four hours.
Q18: How is time within the 25-mile Zone calculated?
A18: Actual time from departure to return within terminal limits.
Q19: Can you provide an example of application?
A19: Payment includes one-half basic day, road miles, and applicable overtime calculations.
Q20: Are post-October 31, 1985 trainmen paid the same?
A20: No, overtime rules differ under National Agreements.
Q21: How are crews handled if released early for non-emergency reasons?
A21: Crews are deadheaded to the far terminal and compensated accordingly.
Q22: How are crews handled if released due to emergency?
A22: Paid a basic day, placed first out, and compensated for Zone service.
Q23: What if a crew spends more than eight hours in the Zone?
A23: Overtime applies beyond eight hours.
Q24: Is it intended to use trainmen beyond the 25-mile Zone?
A24: No.
Q25: Can inbound crews be used beyond destination terminals?
A25: No.
Q26: Is the half-day payment a duplicate or special allowance?
A26: No, it is subject to future wage adjustments.
Q27: How is initial terminal delay determined?
A27: Governed by applicable collective bargaining agreements.
Q28: Can Salt Lake Hub crews be used in Pocatello zones?
A28: No.
Q29: Where do 25-mile Zones start?
A29: From applicable switching limits.
Q30: Where do 25-mile Zones start at Hinkle?
A30: At Hinkle switching limits as defined by mileposts.
Q31: How will vacations for 2001 be handled?
A31: Under the CBA covering them at the beginning of the year.
Q32: Will copies of District Agreements be provided?
A32: Yes, following review by both parties.
Q33: How much call time will Walla Walla crews receive?
A33: Approximately two and one-half hours before reporting.
ARTICLE VII – PROTECTION
Q34: What is automatic certification?
A34: Protection provided without proof of adverse effect.
Q35: What if a trainman already has protection?
A35: They may elect which protection applies, without duplicate benefits.
Q36: How are reductions calculated?
A36: Based on New York Dock or ID provisions as elected.
Q37: Why different dollar amounts for homeowners and non-homeowners?
A37: Reflects different New York Dock provisions.
Q38: Why one price for loss on sale?
A38: It is an in-lieu-of amount.
Q39: What is loss on sale for less than fair value?
A39: Loss caused directly by merger impact.
Q40: What if parties disagree on fair value?
A40: Appraisal panel determines value.
Q41: What if home is sold to a family member?
A41: Not a bona fide sale; no payment allowed.
Q42: What is the most difficult part of New York Dock?
A42: Determining pre-merger home value.
Q43: Who must relocate to qualify?
A43: Trainmen unable to hold a position due to merger.
Q44: When must one be a homeowner to qualify?
A44: Prior to May 1, 2000.
Q45: Will temporary lodging be provided?
A45: Yes, up to thirty consecutive days.
Q46: Are there routing restrictions?
A46: No.
Q47: How will Union Officer TPAs be established?
A47: By averaging surrounding comparable TPAs.
ARTICLE VIII — CREW CONSIST
Q48: Does omission change intent of Northwest crew consist provisions?
A48: No.
Q49: Does omission change Idaho crew consist provisions?
A49: No.
Q50: Do crew consist references include side letters?
A50: Yes.
ARTICLE IX — FAMILIARIZATION
Q51: Are there different familiarization methods?
A51: Yes.
ARTICLE X — IMPLEMENTATION
Q52: How will Local Chairmen be compensated for implementation work?
A52: Carrier will reimburse lost time and reasonable expenses.
