Notice! This document is for the information of UTU members. If there is any discrepancy between this version of our collective agreement and the current printed version issued to our members the printed version will be considered correct.
Section 1.
The basic crew consist for all crews shall be one (1) conductor/foreman and one (1) brakeman/helper, except as otherwise provided in this Agreement.
Crews on through freight trains (including hours of service relief crews and crews on trains which convert to the local rate under existing rules) may be conductoronly crews; however, such conductoronly crews may only make straight pickups and setouts between the initial and final terminal of the crew. (A conductoronly crew picking up, setting out, or exchanging one or more locomotives and setting out a bad order car is permissible under this Agreement at any time or location during the tour of duty.) At the initial and final terminals of the crew, where yard crews are employed and on duty, conductoronly crews may only perform up to three (3) moves in connection with their own train, and each of the moves may be any one of those prescribed by Presidential Emergency Board 219: pickups, setouts, getting or leaving the train on multiple tracks, interchanging with foreign railroads, transferring cars within a switching limit, and spotting and pulling cars at industries. At initial and final terminals of the crew, where yard crews are not on duty, work performed by the conductoronly crew will be governed by applicable rules.
The Carrier is not restricted by this Agreement from establishing or continuing assignments which have been single-position assignments such as but not limited to pilots, skatemen and car retarder operators.
There shall be no car count or train length limitations in the operation of trains with crews provided for in this agreement.
Conductor pools shall protect pool freight service. When a brakeman is needed for pool freight service, the brakeman will be called from the appropriate extra board. Brakemen used in pool freight service shall be independent from the conductor at the away from home terminal and shall make the return trip only when called by the Carrier.
In connection with the provisions of this Article, no Carrier Supervisor, Official or noncraft employees (including yardmasters) shall be used to supplant or substitute in the exclusive work of any train or yard employee.
Section 1.
Employees in reserve status will be governed by the following provisions:
Notwithstanding the other provisions of this Article, when the total number of employees receiving reserve board payments under this Article on Seniority Districts 15, combined, drops below 600 on two (2) consecutive payroll periods, employees in active service may displace junior employees in reserve status on the same subdivided seniority district according to the procedures set forth in Attachment lA to this agreement. Employees in reserve status will thereafter be governed by the conditions set forth in Attachment lA.
An employee exercising seniority placement to the reserve board will be compensated at 75% of the basic five (5) day yard helper rate.
Except as provided in Section 12 of this Article, no other payments shall be made to or on behalf of an employee in reserve status except for payment of premiums under applicable health and welfare plans. (This will not preclude an employee on the reserve board from receiving payments on time claims. Time claim payments due, if any, will be paid in addition to the pay for reserve status.) No deductions from pay should be made on behalf of an employee in reserve status except for deductions of income, employment, or payroll taxes (including railroad retirement taxes) pursuant to federal, state or local law, deductions of dues pursuant to an applicable union shop agreement, and any other deductions legally required or authorized by agreement. Employees in reserve status shall be eligible for the Carrier's Tuition Refund Program on the same terms as employees in active service.
Other employment while in reserve status is permissible so long as there is no conflict of interest. There shall be no offset for outside earnings.
Employees in reserve status are not eligible for Holiday pay, Bereavement Leave or Jury Duty pay.
Employees in reserve status are covered by Health and Welfare plans, Union Shop, Dues Checkoff, Discipline Rules and the Grievance Procedures that are applicable to employees in active service.
Reserve board employees will be permitted to make application for emergency work and pay for compensated service (including pay for emergency engine service) will be made in addition to reserve board pay, and without reduction thereof. Monthly employee protective benefits will not be offset by emergency earnings of reserve board employees under these conditions. Those desiring emergency work must make application to the appropriate Carrier officer, after which they will be placed upon a list with other employees requesting emergency work. When emergency work arises, the Carrier will call employees from this list and once used, an employee's name will be placed at the bottom of the list until all others have been called and given an opportunity to work. When contacted for emergency work, if the employee refuses the service, the employee's name will be removed from the list, and he will not be entitled to request that his name be added to the list for thirty (30) days.
Nothing in this Article shall be construed as depriving any employee of any rights or benefits or eliminating any obligations which such employee may have under any existing job security or other protective conditions or arrangement; provided, that there shall be no duplication or pyramiding of benefits to any employees, and, provided further, that the benefits under this Article, or any other arrangement, shall be construed to include the conditions, responsibilities and obligations accompanying such benefits.
Section l.
There shall be no duplication or pyramiding of benefits to any employees under this Article and/or other agreements or rules.
There will be no change in existing practices or agreements in the regulation of the number of turns (crews) in chain gang freight pools except where existing mileage regulation agreement provisions for pool service contain a maximum limit, such agreements will be modified by increasing the maximum limit according to the principles set forth in Attachment 3 to this Agreement.
To be eligible for volunteer surplus status under the terms of this Article, an employee must have rendered prior compensated train or yard service under the collective bargaining agreements between the parties hereto and retain an employment relationship on the effective date of this Agreement.
On each subdivided seniority district where the Carrier determines that it will have surplus trainmen/yardmen due to the implementation of the provisions of this Agreement, the Carrier will offer the opportunity for employees in active service as trainmen or yardmen on that subdivided seniority district to select volunteer surplus status. Employees making application for volunteer surplus status will be assigned in order of their relative seniority.
Employees applying for and assigned to volunteer surplus status must remain in that status until they are recalled to active service according to the terms of this Agreement or they retire, resign, die or are dismissed from service for cause. Employees in volunteer surplus status on a subdivided seniority district will not be recalled to active service until all employees in reserve status on the subdivided seniority district under Article II of this Agreement have been recalled to active service. Employees assigned to volunteer surplus status will be recalled to active service according to the provisions of Attachments 1 or lA to this Agreement.
Employees applying for and assigned to volunteer surplus status are covered by Health and Welfare plans, Union Shop, and Dues Checkoff as long as they are receiving pay under this Article.
No other payments shall be made to or on behalf of an employee in volunteer surplus status except for payment of premiums under applicable health and welfare plans. (This will not preclude an employee in volunteer surplus status from receiving payments on time claims. Time claim payments due, if any, will be paid in addition to the pay for volunteer surplus status.) No deductions from pay should be made on behalf of an employee in volunteer surplus status except for deductions of income, employment, or payroll taxes (including railroad retirement taxes) pursuant to Federal, state or local law, deductions of dues pursuant to an applicable union shop agreement and any other deductions legally required or authorized by agreement. Employees in volunteer surplus status shall be eligible for the Carrier's Tuition Refund Program on the same terms as employees in active service.
Other employment while in volunteer surplus status is permissible so long as there is no conflict of interest. There shall be no offset for outside earnings.
Employees in volunteer surplus status are not eligible for Vacation pay, Holiday pay, Bereavement Leave or Jury Duty pay.
Employees applying for and assigned to volunteer surplus status will be treated as being on a voluntary leave of absence for purposes of determining entitlement to benefits under any existing job security or other protective conditions or arrangement. Therefore, an employee applying for and assigned to volunteer surplus status will, upon responding to recall and returning to active service, be subject at that time to any remaining rights, benefits or obligations under any such existing job security or other protective conditions or arrangement.
Section 1.
To expedite attrition, the Carrier may offer the opportunity for voluntary early separation. Except as provided by Section 2 of this Article, the Carrier shall determine the number, conditions and timing of any offers made.
Elected General Grievance Committee officers of the UTU (C,T&Y) who have seniority on one of the Seniority Districts 15 may apply for separations offered by the Carrier under this Article.
This Article does not apply to any separation offers the Carrier may make for the purpose of reducing guarantee payments under labor protective arrangements, whether pursuant to a collective bargaining agreement or imposed by the ICC, or for any other purpose not related to this Agreement.
(IMPLEMENTATION)
Positions that may be reduced according to the provisions of Article I of this Agreement will not be reduced until the period for applying for voluntary separation and volunteer surplus status has closed. Thereafter, the Carrier may reduce those positions and the applications for voluntary separations and volunteer surplus status will be processed. Employees who are unable to hold assignments may revert to reserve board status according to the provisions of this Agreement.
In order to assure an orderly implementation of this Agreement, all employees in active service as trainmen/yardmen on the effective date of this Agreement (excluding those who elect voluntary separation) will remain in active service, or will be assigned to volunteer surplus status or reserve status, during the initial implementation of this agreement (and extending for a period of six (6) months following the effective date of this Agreement).
Section 1.
On the effective date of this Agreement, the Carrier will cease making productivity payments to the productivity funds established under the Crew Consist Agreement effective 12/5/80, and the monies accumulated in those funds shall be distributed to eligible employees in the same manner as a normal distribution would be made.
The following provisions will thereafter be substituted for Article 17 of the Crew Consist Agreement effective 12/5/80. The existing particular road and yard seniority district productivity accounts will be retained, and the year for applying the provisions to all accounts will be November 1 through October 31.
Amount credited to Account at the end of year $482,500.00
Number of protected employees 200
Total number of road freight service
$482,500.00 divided by 52,000 = $9.28 per share
Each protected employee receives $9.28 x the number of his trips or tours of duty.
The protected employee earns $27,000 for service performed. His Productivity Allowance payment could not exceed $9,000 (1/3 of $27,000).
Monies paid under the provisions of the Crew Consist Agreement effective 12/5/80 pertaining to special allowance and productivity payments will not be counted as earnings in calculating make up pay due under Merger Protective Agreements or any other existing or future monetary guarantees. Bulletins issued estimating the earnings of assignments for guarantee purposes will not include any payments anticipated under the provisions of the Crew Consist Agreement effective 12/5/80 pertaining to special allowance and productivity payments.
Road freight service trips and yard tours of duty credited to each Protected Employee shall be shown on his detail of earnings. Any dispute as to the number of trips or tours of duty credited must be appealed by or on behalf of the employee to the Company's Director of Disbursement Accounting within sixty (60) days of the date the detail of earnings are distributed. If no appeals are received, the count of trips or tours shown on the detail of earnings will be binding. The Company shall advise the employees of the disposition of their appeals within sixty (60) days of the date submitted. If the dispute is not resolved, it will be barred unless appealed by the General Chairmen to the Assistant Vice PresidentLabor Relations within sixty (60) days thereafter.
The UTU may, at its discretion, arrange for an audit of the productivity accounts before distributions of the funds are made. The Carrier will cooperate with the auditor selected by the UTU during the audit of the fund by providing access to payroll records necessary to complete the audit. The fees charged by the auditor selected by the UTU, and any related expenses in connections with the audit, will be paid from the funds before the fund is distributed, and the distributions will be reduced accordingly by the amount. The UTU will give the Carrier written authorization to make the payments to the auditor and for related expenses, and the Carrier will make those payments, and the related reductions in the funds to be distributed, before the funds are distributed.
The Special Allowance contained in Article 16 of the December 5, 1980 Crew Consist Agreement (now $8.11, based upon the 3% GWI effective 7/1/91 applied under the recommendations of PEB 219) is revised to provide that:
Utility Yardman is a single position assignment working within switching limits compensated at the yard foreman rate of pay.
The duties of the Utility Yardman may include:
If a Utility Yardman is required to assist one or more yard or
road crews (other than simply lining switches for inbound/outbound
trains or yard transfer movements) pursuant to paragraph 2 (e)
above, or to fill a vacated position on a yard crew pursuant to
paragraph 2 (f) above, he will be paid the special allowance provided
in paragraph (b) of Article IX of this Agreement for that tour
of duty.
A portable radio will be furnished the Utility Yardman. The conditions and specifications for the use of a portable radio will be governed by Article 14 of the December 5, 1980 Crew Consist Agreement.
(APPLICATION)
Article XII of the October 31, 1985 National Agreement will only apply to employees who establish seniority in train/yard service after the effective date of this Agreement.
Section 1.
Document "A" of the "Implementing Documents"
dated November 1, 1991 is applicable to all employees of the Carrier
who are represented by the United Transportation Union and who
are working in train or yard service.
Section 2.
On the effective date of this Agreement, all provisions of Document
"A" of the "Implementing Documents" dated
November 1, 1991 which have not already been implemented systemwide
on the Carrier's system will be implemented. (The Carrier will
make every effort to pay, as soon as possible after the effective
date of this Agreement, any lump sum payments provided for in
Document "A" that were payable prior to the effective
date of this Agreement and that have not already been paid by
the Carrier.)
Section 3.
Any claims involving the applicability of Document "A"
of the "Implementing Documents" dated November 1, 1991
arising between July 29, 1991 and the effective date of this Agreement
will be resolved on the basis that Document "A" of the
"Implementing Documents" dated November 1, 1991 was
effective July 29, 1991 systemwide on the Carrier's system.
Section 1.
Upon notification that this Agreement has been formally ratified, each employee who has rendered prior compensated train or yard service under the collective bargaining agreements between the parties hereto and is in active service on the effective date of this Agreement, will receive a one time lump sum payment in the gross amount of $5,000.00, within thirty days of the date the Agreement becomes effective.
Employees who have rendered prior compensated train or yard service under the collective bargaining agreements between the parties hereto but do not qualify under Section 1 because they are on an approved leave of absence, furloughed or are out of service for discipline reasons, will, upon returning to active service as trainmen/yardmen or being assigned to a reserve board, be entitled to receive the payment provided under the terms of this Article upon completing sixty (60) days in active service as a trainman/yardman or in reserve board status, or a combination thereof.
Employees, who retain trainman/yardman seniority and may be working in other crafts for this Carrier, will be entitled to receive the "payment" upon completing sixty (60) days in active service as a trainman/yardman or in reserve board status, or a combination thereof.
Signed at St. Paul, Minnesota this 20th day of May, 1993.
FOR: FOR:
BURLINGTON NORTHERN RAILROAD UNITED TRANSPORTATION UNION
/s/ James B. Dagnon
/s/ D.B. Snyder Jr.
/s/ Joseph C. Hilly
/s/ R.L. Marceau
/s/ R.E Cassity
/s/ Daniel J. Kozak
/s/ J.D. Fitzgerald
/s/ G.L. Shire
/s/ M.M. Winter
APPROVED
/s/ Lloyd W. Swert
The provisions of this Attachment apply until the total number of employees receiving reserve board payments under Article II, on Seniority Districts 15 combined, drops below 600 on two (2) consecutive payroll periods (see Article II, Section 3).
Reserve boards will be established and maintained on each subdivided seniority district for train/yard service where there are employees who are otherwise eligible for reserve status and are unable to hold assignments in active service due to the changes in Crew Consist set forth in Article 1 of this Agreement.
An eligible employee who is unable to hold a position in active service on his subdivided seniority district may exercise his seniority to any position he can hold on his seniority district or he may request reserve status. If he requests reserve status, and is otherwise qualified for that status, he will be placed on the reserve board list for that subdivided seniority district. Thereafter, he will be subject to recall to active service according to the provisions set forth below.
Except as provided in Sections 4 and 5 below, when additional employees are needed in active service on a subdivided seniority district, employees will be recalled to active service in the following order:
This pattern will be followed at the next closest sources of supply on the seniority district until an employee is recalled to active service and exercises seniority on the subdivided seniority district needing trainmen/yardmen.
Employees on reserve boards who wish to be recalled to service for outlying assignments on their subdivided seniority district must advise the appropriate Carrier officer in writing. When it is necessary to recall an employee from reserve status to fill an outlying assignment, the senior employee on the reserve board requesting recall for outlying assignments will be recalled. If there are no employees on the reserve board requesting recall for outlying assignments, the junior employee on the reserve board will be recalled and assigned.
An employee who is forced to an outlying assignment on his subdivided seniority district may request assignment to the reserve board for that subdivided seniority district if there are employees assigned to that reserve board. When an employee makes such a request, the senior employee assigned to the reserve board who has requested recall for outlying assignments will be recalled and assigned to the outlying assignment; provided, however, that the employee recalled will not be entitled to the payments provided in Article II, section 5 (b) of this Agreement for responding to recall "immediately". The employee who was originally forced to the outlying assignment must remain on the assignment until the employee recalled from the reserve board reports for active service .
Employees who are on approved leaves of absence, or who are out of service for discipline reasons, will upon returning to service, be required to exercise seniority on the subdivided seniority district on which they last performed service as a trainman/yardman. If they are unable to hold a position in active service on that subdivided seniority district, they may exercise their seniority to any position they can hold on their seniority district or they may request reserve status. If they request reserve status, and they are otherwise qualified for that status, they will be placed on the reserve board list for that subdivided seniority district.
Employees who have seniority in other crafts on the Carrier will not be eligible for reserve status so long as they are required to be working in the other craft.
As provided in Article II, Section 2 of this Agreement, no employee
may remain in reserve status who would have been unable to hold
a position in active service under the Crew Consist rules in effect
immediately prior to the effective date of this Agreement if all
employees assigned to reserve status or "volunteer surplus
status" were recalled to active service .
The provisions of this Attachment apply after the total number of employees receiving reserve board payments under Article II, on Seniority Districts 15 combined, drops below 600 on two (2) consecutive payroll periods (see Article II, Section 3).
Reserve boards will be established and maintained on each subdivided seniority district for train/yard service where there are more employees than are needed in active service, who are otherwise eligible for reserve status (excluding employees in volunteer surplus status under Article V of this Agreement) due to the changes in Crew Consist set forth in Article 1 of this Agreement.
i The senior
employee in reserve status on that subdivided seniority district
with a written request on file for recall to active service will
be recalled.
ii If there
is no employee in reserve status on that subdivided seniority
district with a request for recall in seniority order on file,
then the junior employee in reserve status on that subdivided
seniority district will be recalled.
iii If additional employees are needed on a subdivided seniority district where there are no employees reserve status, the junior employee in volunteer surplus status under Article VI of this Agreement from that subdivided seniority district will be recalled to active service.
iv If there
is no employee in volunteer surplus status 29 from that subdivided
seniority district, then the junior employee on the reserve board
at the nearest location on the same seniority district by highway
miles will be recalled and exercise seniority, subject to any
existing prior rights restrictions, on the subdivided seniority
district needing trainmen/yardmen.
v If there is
no employee on that reserve board, (nearest location by highway
miles), who is subject to recall, then the junior employee in
volunteer surplus status from that subdivided seniority district
will be recalled, and upon reporting he may exercise seniority
on that subdivided seniority district if his seniority will allow,
and the junior employee in active service on that subdivided seniority
district will exercise seniority on the subdivided seniority district
needing trainmen/yardmen.
vi If the recalled
employee is not able to exercise seniority on his subdivided seniority
district, he will exercise seniority on the subdivided seniority
district needing trainmen/yardmen.
This pattern will be followed at the next closest sources
of supply on the seniority district until an employee is recalled
to active service and exercises seniority on the subdivided seniority
district needing trainmen/yardmen.
Employees on reserve boards who wish to be recalled to service for outlying assignments on their subdivided seniority district must advise the appropriate Carrier officer in writing. When it is necessary to recall an employee from reserve status to fill an outlying assignment, the senior employee on the reserve board requesting recall for outlying assignments will be recalled. If there are no employees on the reserve board requesting recall for outlying assignments, the junior employee on the reserve board will be recalled and assigned.
An employee who is forced to an outlying assignment on his subdivided seniority district may request assignment to the reserve board for that subdivided seniority district if there are employees assigned to that reserve board. When an employee makes such a request, the senior employee assigned to the reserve board who has requested recall for outlying assignments will be recalled and assigned to the outlying 30 assignment; provided, however, that the employee recalled will not be entitled to the payments provided in Article II, Section 5 (b) of this Agreement for responding to recall "immediately". The employee who was originally forced to the outlying assignment must remain on the assignment until the employee recalled from the reserve board reports for active service.
Employees who are on approved leaves of absence, or who are out of service for discipline reasons, will upon returning to service, be required to exercise seniority on the subdivided seniority district on which they last performed service as a trainman/yardman. If they are unable to hold a position in active service on that subdivided seniority district, they may exercise their seniority to any position they can hold on their seniority district or they may request reserve status. If they request reserve status, and they are otherwise qualified for that status, they will be placed on the reserve board list for that subdivided seniority district.
Employees who have seniority in other crafts on the Carrier will not be eligible for reserve status so long as they are required to be working in the other craft.
As provided in Article II, Section 2 of this Agreement, no employee may remain in reserve status who would have been unable to hold a position in active service under the Crew Consist rules in effect immediately prior to the effective date of this Agreement if all employees assigned to reserve status or "volunteer surplus status" were recalled to active service.
(NOTE: Employees in volunteer surplus status are not considered
employees in active service.)
Section 1.
The "equivalent daily rate" based upon the five (5) day yard rate will be 75% of the basic daily rate for a five (5) day yard helper. This amount will be subject to general wage increases .
The "equivalent daily rate" based upon an employee's earnings during the twelve full calendar month period immediately preceding the effective date of this agreement will be calculated as follows:
The employee's earnings for the twelve full calendar month period will be divided by fiftytwo (52) to arrive at a weekly rate. The weekly rate will be divided by five ( 5) to arrive at a daily rate. The daily rate will be multiplied by 75% to arrive at the "equivalent daily rate."
All earnings for actual service rendered in train or yard service during the twelve month period will be included in the employee's earnings in computing the "equivalent daily rate" under this paragraph 2. This amount will not be subject to general wage increases.
Employees who were absent from available service for extended periods of time during any month in the twelve (12) month period will have the earnings for that month excluded from the period, and the period will be extended back an additional month to obtain another month's earnings. Any employee who feels that an adjustment should be made, must request the adjustment within sixty (60) days of the date upon which the employee first reverts to reserve status. Thereafter, the Carrier will review the request, and if an adjustment is justified, it will be made and the employees reserve pay will be adjusted back to the first day of reserve status. Should the adjustment request be rejected, the employee's claim may be pursued as provided by the prevailing schedule agreement.
Employees who were on approved leaves of absence, or who are out of service for discipline reasons, during the entire twelve (12) month period immediately preceding the effective date of this Agreement will have their "equivalent daily rate" under item 2 above calculated by taking the average of the employees immediately senior and immediately junior to them working in the same class of service.
Time lost by an employee for union business will be included in
computing an employee's earnings in the twelve (12) month period.
The UTU will provide the Carrier the necessary information to
determine an employee's time lost for union business during the
twelve (12) month period.
Section 1.
The intent of this attachment is to provide guidelines for adjusting the maximum limits of existing mileage regulation agreement provisions to offset the mileage miles lost per trip due to the increase in the miles in a basic day over 100. This adjustment will be made on a local basis upon the request by the appropriate UTU local chairman to the appropriate local officer.
The increase in the mileage maximum will be in proportion to the decrease in the mileage miles earned in the normal terminaltoterminal trip by a crew in the particular pool compared to the line miles of such normal terminaltoterminal trip. Following is an illustrative example.
For pool "X", the existing mileage regulation provisions provide that the pool be regulated to provide average mileage in the range of 3200 to 3800 miles, so that the maximum limit is 3800 miles.
The pool protects service between points "A" and "B", and these points are 200 rail miles apart. Based upon a 3800 mile maximum, and a 200 mile trip, a crew in the pool would have averaged 19 trips per month if it was regulated at the maximum limit.
The lost mileage miles per trip due to the increase in the miles in a basic day over 100 when the miles in a basic day are 114 would be 14 mileage miles per trip. The lost mileage miles per month would be 266 (14 lost mileage miles per trip x 19 trips per month).
Under this Attachment, the maximum mileage regulation limit would be increased by 266 miles, from 3800 miles to 4066.
The increase in the mileage maximums pursuant to the principles set forth in this Attachment is only intended to adjust the mileage regulation ranges, and does not affect the other procedures in the mileage regulation provisions.
Existing "start tables" will be adjusted according to
the principles above.
Rosters will be prepared for Seniority Districts 1 through 5, listing, in seniority order, each employee who has seniority as Trainman/Yardman, but not as conductor.
Trainmen/Yardmen who established seniority on or after November 1, 1985 and who stand for promotion under the terms of the Memorandum of Agreement effective February 1, 1982 as amended by Memorandum of Agreement BN 8/28/87, OPS 1187, effective September l, 1987 will complete promotion under the terms of those agreements and when promoted, will assume rank as conductor in the same order shown on the roster described in Section 1 of this attachment.
Employees who established Trainmen/Yardmen seniority prior to November 1, 1985; but who previously declined to promote to conductor or who voluntarily surrendered conductor seniority will be afforded the opportunity to promote to conductor under the following conditions:
Section 5. Employees with conductor seniority will not be barred from exercising their seniority rights as Trainmen/Yardmen. Such exercise of seniority as trainmen/yardmen will not disturb, extinguish or otherwise modify such employee's seniority rights or rank as conductor.
Section 6.
All schedule rules, agreements and practices which conflict with
the forgoing are modified to the extent necessary to permit the
changes described in this attachment.
SIDE LETTER #l ADDRESSED
TO L. W. SWERT
Dear Mr. Swert:
This refers to the Agreement signed this date concerning Crew Consist.
As we discussed, the guaranteed extra board provisions in the agreement contemplate rotating extra boards. Presently there are seniority yard extra boards at various points of the Carrier's system.
We agreed that local union committees could elect to retain the seniority yard extra boards. If they elect to do so, then the provisions of Article III of the Crew Consist Agreement signed this date will not apply to such yard extra boards. However, the Carrier will endeavor as near as practicable to adjust such yard extra boards so that employees assigned thereto will have ten days of available work per pay period on the average. It is understood that this is not intended to be, and will not be considered a guarantee.
If the local union committee does not elect to retain existing seniority yard extra boards, then Article III of the Crew Consist Agreement signed this date will apply. In applying it to a daily markup yard, vacancies will first be filled by regular yardmen who are not marked up on regular assignments when the board is marked. Thereafter, vacancies and extra work will be filled by extra board employees assigned to the yard guaranteed extra board on a first in, first out basis.
If the above correctly reflects our understanding, please sign this letter in the space provided below.
Sincerely, AGREED:
/s/ D.B. Snyder Jr.
/s/ G.L. Marceau
/s/ M.M. Winter
/s/ J.D. Fitzgerald
/s/ Lloyd W. Swert
Dear Mr. Swert:
This refers to the Agreement signed this date concerning Crew Consist.
During negotiations leading to that Agreement, we discussed the application of the Crew Consist Agreement effective 12/5/80 and the Agreement signed this date to employees working in yard service subject to the Schedule Agreement between the former SUNA and the former GN. We agreed that the Crew Consist Agreement effective 12/5/80 and the Agreement signed this date would be applied to those employees in the same manner that they would have applied if the Crew Consist Agreement effective 12/5/80 had applied at the outset (on 12/5/80) to the Schedule Agreement between the former SUNA and the former GN.
Therefore, for example, employees with seniority dates on or before 12/5/80 will, when working in yard service subject to the Schedule Agreement between the former SUNA and the former GN, participate in the productivity payments provided in the Crew Consist Agreement effective 12/5/80, as amended by the Agreement signed this date.
If this correctly reflects our understanding, please sign this letter in the space provided below.
Sincerely, AGREED:
/s/ D.B. Snyder Jr.
/s/ G.L. Marceau
/s/ M.M. Winter
/s/ J.D. Fitzgerald
/s/ Lloyd W. Swert
Dear Mr. Swert:
This refers to the Agreement signed this date concerning Crew Consist.
During our discussions, you were advised that the Carrier intends to offer separations pursuant to Article VI of that Agreement to expedite attrition of surplus trainmen. We discussed the fact that normally elected General Grievance Committee officers of the UTU (C,T&Y) who hold seniority on a BN train service seniority roster are replaced by employees from the trainmen's ranks when they retire or resign from their fulltime positions with the UTU. Therefore, if we extend the separation offer to such elected General Grievance Committee officers of the UTU (C,T&Y) who hold seniority on a BN train service seniority roster onone of the Seniority Districts 15, the acceptance of such an offer would be likely to cause the elimination of a surplus trainmen, consistent with the Carrier's overall objective in this regard.
Therefore, based upon the above, we agreed to extend the eligibility for the initial offer of separations under the Agreement signed this date to elected General Grievance Committee officers of the UTU (C,T&Y) who hold seniority on a BN train service seniority roster.
Sincerely, AGREED:
/s/ D.B. Snyder Jr.
/s/ G.L. Marceau
/s/ M.M. Winter
/s/ J.D. Fitzgerald
/s/ Lloyd W. Swert
Dear Mr. Swert:
This refers to the Agreement signed this date concerning Crew Consist.
This will serve to confirm that I agreed that a ground service employee removed from his assignment to protect "emergency" engine service will be entitled to receive no less compensation than would have been earned had the employee remained on his regular assignment.
Sincerely, AGREED:
/s/ D.B. Snyder Jr.
/s/ G.L. Marceau
/s/ M.M. Winter
/s/ J.D. Fitzgerald
/s/ Lloyd W. Swert
Dear Mr. Swert:
This refers to the Agreement signed this date concerning Crew Consist.
This refers to the Agreement signed this date, and particularly your concern that it does not adequately provide for the continuation of the moratorium in the Crew Consist Agreement effective 12/5/80.
This is to advise you that inasmuch as the Agreement signed this date purported only to change certain elements of the Crew Consist Agreement, and did not purport to change the terms of the moratorium, the terms of the moratorium remain in effect, except to the extent certain elements covered by the moratorium are modified by the terms of the Agreement signed this date.
Sincerely, AGREED:
/s/ D.B. Snyder Jr.
/s/ G.L. Marceau
/s/ M.M. Winter
/s/ J.D. Fitzgerald
/s/ Lloyd W. Swert
Dear Mr. Swert:
This refers to the Agreement signed this date concerning Crew Consist.
We discussed the possibility that the Carrier would establish interdivisional service through a home terminal during a period while employees were in reserve status or voluntary surplus status at that location. I advised you that, in such circumstance, those employees assigned to the reserve status or volunteer surplus status at the location of the terminal that was run through would be entitled to the moving benefits associated with the establishment of interdivisional service, (Article XIII of the UTU 1/27/72 National Agreement) including comparable housingallowances if appropriate, if they are recalled to service at another terminal on the seniority district.
I further advised that, employees who were in reserve status or voluntary surplus status at the location of a terminal that was affected under the situations contemplated in Article II, Section 1, (d) of the Agreement would be entitled to such benefits when they are recalled to service at another terminal on the seniority district.
Sincerely, AGREED:
/s/ D.B. Snyder Jr.
/s/ G.L. Marceau
/s/ M.M. Winter
/s/ J.D. Fitzgerald
/s/ Lloyd W. Swert
Dear Mr. Swert:
This refers to the Agreement signed this date concerning Crew Consist.
During those discussions, we explored the possibility of establishing a formal conductor/foreman training program. We agreed to continue to explore this subject in an effort to agree upon the establishment of such a program.
Sincerely, AGREED:
/s/ D.B. Snyder Jr.
/s/ G.L. Marceau
/s/ M.M. Winter
/s/ J.D. Fitzgerald
/s/ Lloyd W. Swert
Dear Mr. Swert:
This refers to the Agreement signed this date concerning Crew Consist, and particularly Article XII Of that Agreement dealing with the application of the recommendations of PEB 219.
Article V of Document "A" of the "Implementing Documents" dated November 1, 1991 provides that all trainmen must accept promotion to conductor when offered by the Carrier. You expressed concern for employees who established train service seniority prior to November 1, 1985. In our discussions, you requested that BN agree not to require such employees to accept promotion to conductor as long as they are not needed to fulfill the Carrier's conductor needs.
This is to advise you that BN Will agree that the Carrier will not require employees who established train service seniority prior to November 1, 1985 to accept promotion to conductor so long as there are sufficient promoted employees With seniority in train service on or before the effective date of the Agreement to meet the Carrier's needs. If there are not sufficient promoted employees with seniority in train service on or before the effective date of the Agreement to meet the Carrier's needs, employees who established train service seniority prior to November 1, 1985 will be required to accept promotion to conductor in reverse seniority order on the subdivided seniority district where additional conductors are needed. If the employee is unable to qualify as a conductor, he will then be subject to the provisions set forth in the third and fourth paragraphs of Side Letter #9 attached to Document "A" of the "Implementing Documents" dated November 1, 1991.
Please indicate your agreement by signing your name in the space provided below.
Sincerely, AGREED:
/s/ D.B. Snyder Jr.
/s/ G.L. Marceau
/s/ M.M. Winter
/s/ J.D. Fitzgerald
/s/ Lloyd W. Swert
Dear Mr. Swert:
Burlington Northern is involved in a total overhaul and centralization of its Crew Calling system.
We invite the United Transportation Union to designate an individual to participate with the task force responsible for the development of the new crew calling operation, to share UTU input into development of the best possible crew calling operation.
In the new crew calling center, Burlington Northern will install equipment to determine the number of calls abandoned, the number of rings before a call is answered and the number of times an incoming call received a busy signal. BN will also install equipment capable of recording all telephone conversations between train service employees and crew callers. It will retain such recorded conversations for 90 days.
Burlington Northern will discuss with the UTU the issue of access to crew calling information when we have a better idea of exactly what the capabilities of the new crew calling center will be. In the interim, the UTU representative participating with the task force in the development of the new crew calling system can give the task force his input on the issue of UTU access to the information.
When the crew calling center is fully operational BN and the UTU will make arrangements to meet for the purpose of agreeing on proper, standardized calling procedures and access to crew calling information (including electronic access by duly authorized UTU representatives).
In the interim, the Carrier will make every effort
to continue furnishing information presently furnished the Local
Chairmen and/or General Chairmen.
Sincerely, AGREED:
/s/ D.B. Snyder Jr.
/s/ G.L. Marceau
/s/ M.M. Winter
/s/ J.D. Fitzgerald
/s/ Lloyd W. Swert
Section 1. The provisions of Article I, Section 3 of the Manning Agreement dated July 19, 1972 dealing with quarterly and yearly calculations in connection with determinations for fireman needs are eliminated.
Section 2. The provisions of Article III, Section 5 of the Manning Agreement dated July 19, 1972 dealing with decline in business calculations are eliminated.
Section 3. Any firemen (helpers) whose seniority as such was established prior to November 1, 1985 who are furloughed under the provisions of Article III, Section 5 of the Manning Agreement dated July 19, 1972 on the effective date of this Agreement will be recalled to active service.
Section 1. On the effective date of this Agreement, all hostler rates of pay are eliminated, and employees working as hostlers will be paid at the 5day yard foreman rate of pay.
Section 2. A hostler whose seniority as such was established prior to November 1, 1985 will not be used to fill a temporary vacancy on a hostler position if there is a qualified yard service employee available to fill the vacancy at the straight time rate.
Section 1. On the effective date of this Agreement, the minimum pay per calendar week for employees entering the engineer training program (Article VI, paragraph A of the Training Agreement dated July 19, 1972) will be $612.00 per calendar week (a prorated daily rate of $ 102.00).
Section 2. The entry rate
provisions of the National Agreements will apply to this rate
for employees who establish seniority in train service on or after
the effective date of this agreement.
Section 1. Document "A" of the "Implementing Documents" dated November 1, 1991 is applicable to all employees of the Carrier who are represented by the United Transportation Union and who are working in engine service.
Section 2. On the effective date of this Agreement, all provisions of Document "A" of the "Implementing Documents" dated November 1, 1991 which have not already been implemented system wide on the Carrier's system will be implemented. (The carrier will make every effort to pay, as soon as possible after the effective date of this Agreement, any lump sum payments provided for in Document "A" that were payable prior to the effective date of this Agreement and that have not already been paid by the Carrier.)
Section 3. Any claims involving the applicability of Document "A" of the "Implementing Documents" dated November 1, 1991 arising between July 29, 1991 and the effective date of the Agreement will be resolved on the basis that Document "A" of the "Implementing Documents" dated November 1, 1991 was effective July 29, 1991 systemwide on the Carrier's system.
Signed at St. Paul, Minnesota this 20th
day of May, 1993.
FOR: FOR:
BURLINGTON NORTHERN RAILROAD UNITED TRANSPORTATION UNION
Sincerely, AGREED:
/s/ James B. Dagnon
/S/ G.L. Hubbell
/s/ Joseph C. Hilly
/s/ G.L. Marceau
/s/ R.E. Cassity
/s/ Daniel J. Kozak
/s/ G.L. Shire
/s/ Lloyd W. Swert