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The FRA HOS Interpretation
The Q&A's
starts around page 15, this is not considered the final rule on the Q&A.
There will be more coming as additional questions are answered.
http://utu386.org/fra/HSInterpsPosted2009-15026.pdf
Memorandum
of Understanding (Ebb and Flow of Engineers)
This office has
been getting numerous calls concerning the recent
Memorandum of
Understanding addressing Ebb and Flow of engineers, specifically
Side letter 1. The memorandum is not an agreement but an interpretation
addressing movement of engineers at locations under the jurisdiction of
this office.
The BLET Primary Recall agreement does permit engineers
to self demote, however the United Transportation Union was never party
to that agreement. The UTU has exclusive jurisdiction on how seniority
movement will be made for ground service employees.
Article XIII,
Section 3(3) of the 1985 UTU National Agreement states:
“(3) An employee who has established seniority as conductor
(foreman), trainman (brakeman-yardman), hostler or hostler helper
(but without seniority as a locomotive fireman) who is selected for
engine service shall retain his seniority standing and all other
rights in train and/or yard or hostling service. However, such
employee shall be permitted to exercise such rights only in the
event he or she is unable to hold any position or assignment in
engine service as engineer, fireman on a designated position in
passenger service, hostler or hostler helper.”
Side Letter 1
addresses engineers that did not exercise seniority under the provision
of Article XIII, Section 3(3) of the 1985 UTU National Agreement.
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