Article 21 Article 21
Article 21
Crew Consist
Section 1 - Road And Yard Crews
A. The consist of all road freight and yard crews, except as otherwise provided in this Article, will not be less than one conductor/foreman and
one trainman/yardman.
B. Nothing in this Article shall prohibit the Carrier from electing to use a service employee in addition to the conductor/foreman and one
trainman/yardman on a crew in road or yard service.
1. Any position established pursuant to this Section above may be discontinued.
2. If the Carrier elects to operate a crew in assigned road or yard service with a crew consist in excess of that required by this Article and the
excess position is filled for five (5) consecutive days in road service or three (3) consecutive days in yard service, thereafter the senior
employee making application for the position will be assigned if the position is to be continued. The position may be abolished at any time
pursuant to the usual notice requirements.
C. There shall be no car count or train length limitation in the operation of any Carrier train.
D. 1. All employees holding a seniority date on road trainman and/or yard seniority rosters on December 5, 1991 will be known and
designated as "protected employees". Any such employee in a dismissed or suspended status as of December 5, 1991, or thereafter, who
is subsequently reinstated with seniority rights unimpaired will also be a protected employee.
2. Trainmen/yardmen establishing seniority after December 5, 1991 will be known and designated as "non-protected employees" and will not
have the right to exercise seniority to or otherwise be used on blanked or blankable trainmen or yardmen positions, except as provided in this
Article.
Section 2 - Operation With Less Than A Two-Member Crew
A. The Carrier may continue to operate conductor-only service pursuant to agreements signed before December 5, 1991. Nothing in this
Article is intended to restrict the existing rights of the Parties.
B. In addition to Section 2 A of this article, effective January 1, 1992, the Carrier may operate 50% of through-freight assignments conductor-
only on a seniority district basis. This percentage may increase by 10% each year. Additional through-freight conductor-only assignments
operated pursuant to agreements signed prior to December 5, 1991 will count toward the percentage figure. Conductor-only service will be
operated in accordance with schedule agreements.
C. Employees hired after December 5, 1991 can only exercise seniority to conductor/foreman positions, trainman/yardman positions
advertised by the Carrier as must-fills, including Extra Board positions, to which their seniority would entitle them.
D. 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.
E. The Carrier may create single assignment positions to expedite and/or assist efficient operations. These positions will be paid applicable
rates in accordance with schedule rules. Utility positions will be paid yard foreman’s rate in the yard and conductor’s short local rate on the
road. His duties may include operation of a Carrier provided motor vehicle.
F. Effective December 5, 1991, the crew consist for all Carrier crews other than through-freight shall be one conductor/foreman and one
blankable trainman/yardman position, with the exception of those assignments which are presently operated by agreement with a conductor
or single employee only.
1. Employees with a seniority date of December 5, 1991, will have full seniority rights to these blankable positions, including the normal
exercise of seniority to permanent and temporary vacancies.
2. In the event that no bids on blankable positions are received from employees with a seniority date on or before December 5, 1991, the
positions may be blanked and worked with a conductor/foreman only.
3. In the event that a position cannot be filled under existing Schedule rules, as amended, and the Reserve Board is vacant, an employee may
be forced, in reverse seniority order, to a must-fill position (including an Extra Board position) from a designated blankable position; however,
he will receive no less compensation than he would have received on his former assignment. Such difference in earnings will cease in the
event his former blankable position is abolished or subsequently designated by the Carrier as a must-fill position.
Note: Difference in earnings is calculated and paid on a payroll-period basis.
(a) The former assignment of an employee forced under this provision will be blanked unless subsequently designated by the Carrier as a
must-fill position.
(b) A position on the Extra Board is considered to be a must-fill position in applying these election articles governing permanent vacancies.
Section 3 - Miscellaneous
A Conductors and trainmen (foreman/helpers) may be required to affix and remove end-of-train or similar devices without restriction or
penalty.
B. Except for the standard yard lunch rule (Article 44, Section 8) all lunch rules and practices are eliminated with the exception of locals and
road switchers.
C. The territory of the former WLE will become part of the former NKP and be governed by former NKP schedule rules except the application
of vacation request and the Toledo extra board calling cycle.
D. Assignment of the vacation schedule will be allocated for the entire calendar year in December and vacation assignments will be made
prior to January 1 of the applicable year.
Section 4 - Extra Boards
A At locations where extra boards exist under present schedule rules the Carrier will establish for each craft a guaranteed extra board for
employees with seniority on or before December 5, 1991.
1. The Carrier will regulate the number of employees assigned to extra boards.
2. Any practices and/or agreements previously in effect providing for extra board guarantees are hereby eliminated.
3. Where road and yard extra lists are maintained separately, those boards will continue to be regulated separately.
B. The guarantee for employees with seniority on or before December 5, 1991 assigned to guaranteed road or combination road/yard extra
boards will be a gross monetary amount of $1,653.00; and for employees with seniority on or before December 5, 1991 assigned to yard
extra boards will be a gross monetary amount of $1,351.95 for each semi-monthly payroll period (both amounts subject to future general
wage and cost-of-living increases). The current rate to be used for reduction for unavailability and for pro-rating less than a full period will be
one-fourteenth of the applicable bi-weekly guarantee. (See Article 10 for rates of pay.)
1. All earnings, with the exception of special allowance payments, during the pay period will apply against the guarantee. The guarantees of
employees who are on the extra board for part of a month will be prorated. Penalty payments will be offset against guarantee in the period of
occurrence.
2. If an employee is suspended as a result of a disciplinary action, lays off at his own request, misses a call, or is not available for the full
twenty-four (24) hours, the greater of the prorated amount shown in B. above or earnings lost as a result of the absence will be deducted from
the guarantee.
3. The guarantee of a train service employee who voluntarily exercises seniority to the extra board will commence at 12:01 a.m. on the date
following the date he marks up as available for service. A train service employee displaced from the extra board will be credited with a full
calendar day of availability with respect to the guarantee for the date displaced.
4. A train service employee exercising seniority off an extra board will not be credited with a full calendar day of availability with respect to the
guarantee for that date. A train service employee forced to an extra board will be credited with a full calendar day of availability with respect to
that date.
5. Employees may be required to file for any payments due on forms supplied by the Carrier and paid currently.
6. In order to prevent an employee from holding the first out position for long periods of time, at 12:01 p.m. each date, the first out employee
will be placed at the bottom of the board.
Note: Section 4 B 6 only applies to employees with a seniority date on or before December 5, 1991.
Section 5 - Reserve Boards
A. The Carrier will establish Reserve Board positions at locations where extra boards exist. These Boards will consist of employees hired on
or before December 5, 1991 who are not holding a regular assignment or the guaranteed extra board position.
1. Each employee on a Reserve Board will be guaranteed a gross amount of $1,209.58 for each full semi-monthly pay period, subject to
future wage and cost-of-living increases. The guarantee for employees added to or removed from the Reserve Board on dates other than the
first day of the month will be reduced by 1/15th for each full calendar day they are not on the Reserve Board. (See Article 10 for rates of pay.)
2. Positions established initially on the Reserve Board, and subsequent vacancies, will be advertised in accordance with applicable schedule
rules.
3. No deductions from the pay of a Reserve Board employee will be made except for deductions of income, employment or payroll taxes
(including Railroad Retirement taxes) required by law; amounts required or permitted by an applicable dues deduction agreement; and other
amounts as authorized by this or any other agreement required by law. Reserve Board employees may engage in outside non-railroad
employment which is not in conflict with the Carrier's interests without any offset of earnings.
B. The Carrier will create additional extra and/or Reserve Board positions before furloughing an employee who would have stood for service
under application of the September 1, 1984 Crew Consist Agreement.
C. Reserve Board employees may be called and used to supplement the guaranteed Extra Boards when they are exhausted if they can be
contacted. Employees making written request for emergency work will be marked up in seniority order and called first-in, first-out.
1. Such employees are not required to remain available for call, cannot be required to respond to such calls, and will not be censured or
disciplined for failing to do so.
2. No offset will be made against any guarantee when he declines such a call.
3. In the event that a Reserve Board employee accepts the call, he will receive all of the earnings of the trip for which called in addition to the
Reserve Board pay for that day or days.
D. Any employee who is assigned to the Reserve Board must remain in that status for at least 28 days (two bi-weekly payroll periods) unless
he is: displaced by a senior employee; recalled for active service; discharged from employment by the Carrier for good cause; he resigns
from employment of the Carrier; or he retires on an annuity (including a disability annuity) under the Railroad Retirement Act. At the end of 28
days (two bi-weekly payroll periods) an employee in Reserve Board status may elect to have his Reserve Board assignment advertised, and
at the end of the advertisement period he may displace any junior employee.
E. Employees in Reserve Board status may not be displaced therefrom except as provided below:
1. A senior employee in active service may displace the junior employee on the Reserve Board by giving notice on or before the end of a
payroll period. The displacement will be allowed as of 12:01 a.m. on the first day of the second payroll period following the payroll period in
which notice is given.
EXAMPLE: An employee gives notice during or at the end of payroll period 1. The employee giving notice will continue to work during payroll
period 2 and will be placed on the Reserve Board at 12:01 a.m. on the first day of payroll period 3.
2. A displaced employee desiring to be placed on the Reserve Board may do so as outlined in E 1. above; however, this will not prevent or
relieve the employee from exercising his seniority between the time displaced and the time the employee is entitled to be placed on the
Reserve Board.
3. Employees recalled, displaced or exercising seniority from the Reserve Board will be entitled to an unrestricted exercise of seniority to any
assignment to which their seniority entitles them.
4. Employees displaced as a result of this Article will have forty-eight hours within which to exercise their seniority after notification.
F. The Carrier will continue to make payment of premiums under applicable health and welfare plans for employees in reserve status.
G. Reserve employees must maintain their train service proficiency while in such status.
1. "Maintaining proficiency" includes successfully completing any retraining or refresher programs that the Carrier may require and passing
any tests or examinations (including physical examination) administered for purposes of determining whether such proficiency have been
maintained.
2. Reserve Board employees must hold themselves available for return to service upon seven (7) days' notice. Reserve Board pay will
continue for seven (7) days from date of notification in addition to other earnings.
(a) Employees will be recalled from service from their respective boards in reverse order of seniority unless recalled for service as an
engineer.
(b) Failure to comply with this seven (7) days' notice will result in forfeiture of all seniority subject to scheduled rules.
Section 6 - Special Allowance
A. Employees who have a seniority date in train service on or before December 5, 1991 will receive a special allowance of $15.00 when
working on a conductor/foreman only crew. This allowance is not subject to any future wage or cost-of-living increase.
B. 1. Employees who have a seniority date in train service on or before December 5, 1991 will receive a special allowance of $8.11 when
they perform service on an assignment with a crew consisting of a conductor/foreman and one trainman/yardman, except as provided in B 2.
below.
2. Conductors and trainmen who have a seniority date in train service on or before December 5, 1991 will receive a special allowance of
$11.40 when they perform service on a road assignment, handling over 120 cars.
3. These allowances will be subject to regular wage increases until they reach or exceed the sum of $15.00. At that time the special
allowance will be frozen at $15.00, and will not be subject to future wage or cost-of-living increases.
Section 7 - Definitions
A. The terms "foreman", "trainman", and "yardman" as used in this Article serve the purpose of identifying a craft or class and are not
intended to denote gender.
B. The term "must-fill" positions are all positions covered by agreements between the Carrier and the UTU, except first trainman/yardman
positions in road and yard service which may be blanked pursuant to this Article.
C. The term "blankable" position refers to a first trainman or yardman position on a crew which is filled by a protected employee and which,
under certain specified conditions, can be operated as a "conductor/foreman only crew" in the absence of the first trainman/yardman.
D. The term "blanked" position refers to a trainman or yardman position on a crew which is not filled and works as a conductor/foreman only
crew.
E. A "furloughed" employee is an employee whose seniority does not entitle him to hold a position, regular or extra, on his seniority district
F. A "cut off" employee is an employee who does not stand for a position, or extra, at the yard or road terminal where last displaced and has
elected not to exercise seniority on a position for which he stands at another yard or road terminal.
G. A "reduced crew" is a crew that operates with a conductor/foreman only.
Section 8 - Restrictions On The Carrier
A Employees will not be required to operate with less than the required crew consist specified in this Article, nor will they be censured or
disciplined in any manner for refusal to do so.
B. No Carrier supervisor, yardmaster, official, engine or non-craft employee will be used to supplement, supplant or substitute in the work of
any train or yard crew working under UTU Agreements.
Section 9 - Stepping Up Trainmen/Yardmen (Temporary Vacancies)
A No trainman/yardman will be moved from a must fill trainman/yardman position to a crew of a conductor/foreman only in order to make such
crew a conductor/foreman, and one trainman/yardman. If a trainman/yardman is required, the first out trainman/yardman will be called from the
applicable Extra Board, or if the Extra Board is exhausted in accordance with schedule rules.
B. In the event the conductor member of a road crew lays off at the away-from-home terminal or fails to report having been properly called
before departure of his train from the away-from-home terminal, present practices will be followed in filling the conductor vacancy.
Section 10 - Permanent Must-Fill Vacancies
Permanent must-fill vacancies which are not filled voluntarily in the usual manner or assigned under applicable rules, will be filled by assigning
the most junior trainmen/yardmen on the respective Extra Boards. If non-protected employees are assigned (either by choice or if forced) to a
must fill position, an equal number of protected employees electing to remain on or go to the Extra Board will, in reverse order of seniority,
lose their status as a protected employee in filling blankable positions and qualifying for an Extra Board guarantee so long as non-protected
employees are holding must-fill positions. However, a protected employee on the Extra Board so affected will be permitted to exercise his
seniority.
Section 11 - Seniority Rights
A. Protected trainmen/yardmen on an Extra Board will be used on blankable and must fill trainmen/yardmen vacancies, except as provided in
Section 10 above.
B. Non-protected trainmen/yardmen on an Extra Board will be used only on must-fill vacancies and shall have no claim if run around by a
protected trainman/yardman used on a blankable vacancy.
Section 12 - Yardmen's Extra Board
A. All Extra Board yardmen will continue to be confined to five straight time eight hour shifts in their work week under the Five Day Work
Week Article. Road service work is not to be considered.
B. After all available Extra Board yardmen have worked their allotted number of shifts, or there are no extra yardmen rested and therefore
unavailable, must-fill temporary vacancies will be offered in seniority order to protected helpers assigned to work that day on blankable
positions in the same starting time bracket in which the vacancies exist and at the same point If none of the protected helpers contacted
desires the vacancy, the junior protected helper contacted at that point will be assigned to work that day, and those assigned will receive no
less compensation that they would have earned on their own assignment. Protected helpers occupying blankable jobs who do not desire to
be called, when they do not stand to be assigned, will so notify the appropriate officer of the Company in writing with a copy to the Local
Chairperson. Such written notification may be revoked in the same manner.
In the event there are no available protected yard helpers holding blankable positions in the same starting time bracket in which the vacancies
exist, at the same point, said vacancies will be filled in accordance with the riles or practices in effect prior to this Agreement.
NOTE: The phrase at the same point' as used herein means assignments that go on and off duty at the same yard in terminals where yard
crews are assigned to report at more than one yard or location in the same yard or terminal.
Section 13 - Maintaining Sufficient Employees
The Carrier will maintain, through recall of furloughed trainmen/yardmen and/or hiring of new employees, a sufficient number of regular and
extra employees to permit reasonable lay-off privileges and to protect must-fill vacancies, vacations, personal leave days and other extended
vacancies.
Section 14 - Failure To Report
A. Yard
1. Must-Fill Position: In the event a regular member of a yard crew, or an extra employee properly called fails to report for duty at the assigned
reporting time for a must fill position, the remaining crew member may be required to work but not in excess of 120 minutes from starting time
and a yardman will be called to fill the vacancy. In such cases the yardmaster or other Carrier supervisor will have the option of staring the
crew to work, or instructing them not to work until arrival of the extra yardman. If the crew is required to work, such yardman will be paid the
foreman's rate of pay and the Special Allowance of $15.00, if applicable.
2. Blankable Position: In the event a regular member of a yard crew, or an extra employee properly called, fails to report for duty at the
assigned reporting time for a blankable position, the remaining crew member may be required to work but not in excess of 120 minutes from
stating time and a protected yardman will be called to fill the vacancy. In such cases the yardmaster or other Carrier supervisor will have the
option of staring the crew to work, or instructing them not to work until arrival of the extra yardman. If the crew is required to work, such
yardman will be paid the foreman's rate of pay and the Special Allowance of $15.00, if applicable. If there are no protected yardmen available
on the Extra Board the position may be blanked and the foreman paid accordingly.
B. Road-Home Terminal
1. In the event a regular assigned trainman of a road crew, or an extra trainman properly called, fails to report before departure of his train
from the home terminal, the train may be operated conductor only to and from the away-from-home terminal or in turnaround service, provided
the trainman's position is a blankable position.
2. In the event a conductor of a road train properly called fails to report before departure of his train from the home terminal, past practice will
apply.
3. If an employee is given less than the required advance call, the train will be held not to exceed the amount of time the call was short.
C. Road - Away-From-Home Terminal
1. In the event a trainman of a road crew or an extra employee properly called is unavailable for reasons of his own, including marking off, at
the away-from-home terminal, the remaining crew members may be required to work back to their home terminal or in turnaround service for
one trip and the conductor will receive the Special Allowance of $15.00, if applicable.
2. In the event a conductor of a road train properly called fails to report before departure of his train from the away-from-home terminal, past
practice will apply.
3. If an employee is given less than the required advance call, the train will be held not to exceed the amount of time the call was short.
Section 15 - Premature Discontinuance Of Duty - Yard
1. Must-fill Position: In the event that a member of a yard crew protecting a must fill position discontinues duty before the completion of the
crew's tour of duty and a replacement is called the remaining crew members may be required to work not to exceed sixty minutes from the
time of discontinuance and receive foreman's rate of pay and the Special Allowance of $15.00, if applicable, or the Carrier may elect to tie
the crew up.
2. Blankable Position: In the event that a member of a yard crew protecting a blankable position discontinues duty before the completion of
the crew's tour of duty and a protected yardman will be called, the remaining crew members may be required to work not to exceed sixty
minutes from the time of discontinuance and receive foreman's rate of pay and the Special Allowance of $15.00, if applicable, or the Carrier
may elect to tie the crew up. If there are no protected yardmen available on the Extra Board the position may be blanked and the foreman
paid accordingly.
Section 16 - Non-Revenue Trains
A All non-revenue trains, such as snowplows, work or wreck trains (including handling of solid wreck trains terminal-to-terminal), may be
operated with a crew of not less than one (1) conductor/foreman and one (1) blankable trainmen/yardmen when protected by Extra Boards or
by crews exclusively assigned to such service.
B. Where service referred to in Section 16 A. above is operated either regular assigned or extra, blankable vacancies will be filled by
available protected Extra Board employees.
C. An Hours of Service relief road crew that relieves a road crew may be operated conductor only.
Section 17 - Personal leave days
(a) All train service employees in road freight service not covered by the National Paid Holiday Rules will be entitled to personal leave day(s)
in each calendar year on the following graduated basis subject to the limitation contained in Paragraph (b), below:
Years of Service Personal Leave Days
Less than 5 years 3 days
Five years and less than 10 years 5 days
Ten years and less than 15 years 7 days
Fifteen years and less than 20 years 9 days
Twenty years or more 11 days
(b) The number of personal leave day(s) each road freight service employee is entitled to shall be reduced by the number of paid holidays (or
pay in lieu thereof) received in covered road service or in the exercise of dual road and yard seniority rights. Once an employee has reached
the maximum of 11 days, he will not be entitled to any additional paid holidays or personal leave day(s) in that calendar year.
If an employee takes any of his personal leave days before his service anniversary date, in a year in which his entitlement will increase, he
may take up to the number of leave days he is entitled to prior to his anniversary date and then take the additional days that he is entitled to
after his service anniversary date.
(c) Personal leave day(s) may be taken upon 24 hours' advance request to an appropriate Carrier Officer and shall be granted consistent with
the requirements of the service. The Carrier bas the option of granting personal leave days with less than 24 hours' notice. The employee will
be paid one basic day at the rate of the last service performed for each personal leave day(s). Should the Carrier refuse an employee's
request for personal day(s), those leave days will be carried over, but must be requested and granted prior to May 1 of the following year. Any
personal leave days not taken during the calendar year because of failure to the employee to make timely request therefore shall not be
carried over.
(d) Personal leave day or days will not be scheduled to start on other than a workday of the employee's position. Personal leave days for extra
board employees and those in pool freight service will begin when they otherwise would have been called. When a member of a crew is on
his personal leave day(s), if his position is not a must-fill position, it may be blanked. Personal leave days paid for will be counted as
qualifying days for vacation purposes.
(e) At the conclusion of twelve (12) months from the effective date of this Agreement, Carrier's Highest Designated Officer and the General
Chairman will meet to evaluate the results of the personal leave day application issue to make whatever adjustments may be necessary
relative to personal leave day requests and scheduling.
QUESTIONS AND ANSWERS
Question # 1:
If an employee with more than five years and less than ten years of service, who is entitled to five personal leave days a year (receives or
could have received 6 paid holidays but did not qualify due to unavailability on qualifying day or days), goes to road service, which does not
qualify for holiday pay, would he be entitled to five personal leave days?
Answer:
Yes, but he could not get more than eleven personal leave days and holidays through the combination of the two.
Question #2:
In the event the same employee, who qualified for and who is entitled to five personal leave days, works a yard job or a road job qualifying for
holiday pay and earns seven paid holidays and then takes a job that does not qualify for holiday pay, how many personal leave days would he
then be entitled to?
Answer:
Four.
Question #3:
In the case of a 20-year trainman working the first part of the year on freight trains not covered by holiday pay, and during such time uses all
eleven days of his "personal leave," then goes to a road freight run covered by Holiday Pay Rules, or yard service covered by Holiday Pay
Rules, what is his eligibility for holiday pay?
Answer:
He would not be eligible for holiday pay, as he used his maximum eleven days for the year, and no more holiday-pay days would be due;
similarly, if he used five days of personal leave, he would only be eligible for the six holiday-pay opportunities the remainder of the year, i.e., in
no event can a man accrue more than eleven days' personal leave or holiday pay in combination.
Question #4:
If a passenger service employee, where no holiday pay applies, or a yard service employee, goes into freight service where the personal
leave days apply, is he eligible for such days when in freight service?
Answer:
Yes, after the employee has made one or more trips in freight service.
Question #5:
An employee has five years of service as of December 28, 1982, has taken no personal leave days prior to that date and is then entitled to
five personal leave days, but there are only four days remaining in the year. After taking four personal leave days, may he then carry the fifth
day over into the next year?
Answer:
No.
Question #6:
An employee who will have five years of service on August 1, 1982, takes two personal leave days prior to that date: Is he entitled to an
additional three personal leave days after August 1, 1982?
Answer:
Yes:
Question #7:
Can an employee on a combination road-yard extra board take personal leave days?
Answer:
Yes, but he cannot get more than 11 personal leave/holidays through a combination of the two.
Question #8:
When personal leave days have begun, how will they be computed?
Answer:
Consecutively on calendar-day basis.
Question #9:
Does this Article 21 preclude the payment of time and one-half for service actually performed on a holiday by an employee who has
previously taken a combination of eleven (11) holiday/personal leave days?
Answer:
No, provided he is otherwise qualified for time and one-half payment for service performed on a holiday under the National Holiday Rule.
Question # 10:
If an employee carries over personal leave days as provided by Article 21(c), will such employee be permitted to take his personal leave days
even though he is holding, at that time, an assignment covered by the National Paid Holiday Rules?
Answer:
Yes:
Question # 11:
If a brakeman first-out on the extra board takes personal leave days will the second-out protected brakeman be called for the blankable
vacancy for which the first-out brakeman stood?
Answer.
Yes, provided he has not made his 1000 miles that week.
Question # 12:
Will the vacancy of a regularly assigned brakeman, who stepped up or used off his position to brakeman to fill the vacancy of a conductor who
is taking a personal leave day, be filled?
Answer:
Yes, provided there are protected brakeman on the extra board available to fill the vacancy.
Question # 13:
A personal leave vacancy is a "blankable" vacancy. Does this mean such vacancy is not to be filled?
Answer:
The vacancy need not be filled unless it is a "must-fill" vacancy.
Section 18 - Voluntary Early Separation
To expedite attrition, an individual protected employee may request or may be offered by the Carrier in seniority order an opportunity for
voluntary early separation and accept a lump sum separation allowance and other considerations in lieu of all other benefits and protection
provided in this Article. Such employee will be given an opportunity to elect hospital-surgical coverage for himself and his dependents in lieu
of a portion or all of the severance allowance agreed upon, if he so desires.
Such request or offer for early voluntary separation will be in writing and subject to the approval and option of both the individual employee
and the Carrier's Highest Designated officer.
Section 19 - General
The parties hereto recognize the complexities involved in this Article and, in keeping with its intent and purpose and the rights and
responsibilities of the parties thereunder, arrangements will be made for periodic conferences for the purpose of agreeing on interpretations.
A. This Article supersedes all other agreements, rules and/or understandings which are in conflict herewith. Any conflict between the changes
set forth in this Article and the provisions of existing agreements shall be resolved in accordance with the provisions of this Article.
B. The parties to this Article will not serve or progress, prior to the attrition of all protected employees, any notice or proposal for changing the
specific provisions of this Article, governing, pure attrition, protected employees, special allowance payments to reduced crew members,
employee productivity fund, guaranteed Extra Boards, Reserve Boards and the administration thereof. This will not bar the parties from
making changes in the above provisions by mutual agreement.
C. 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 arrangements provided that there shall be no duplication
or pyramiding of benefits to any employee.
Section 20
Nothing in this Article shall be construed as depriving my employees of my rights or benefits or eliminating any obligations that crew consist
protected employees my have under existing job security or other protective conditions or arrangements provided that there shall be no
duplication or pyramiding of benefits to my employees.
Section 21 - Moratorium
Items contained in Section 19 B of this Article are exempt from further handling and cannot be altered or changed by presidential Emergency
Boards or any other tribunals which settle wage and rules negotiations.
QUESTIONS AND ANSWERS
(Applicable to Section 1 - Road and Yard Crews)
Question # 1:
Does this Article change in any manner Agreement rules and practices pertaining to the filling of conductor/foreman vacancies?
Answer:
No.
Question # 2:
Can a trainman/yardman who is in furloughed status at a yard or road terminal be forced to a must-fill position at another yard or road terminal
within his seniority district?
Answer:
Only to the extent he could have been required to do so under the existing Agreements in effect prior to December 5, 1991.
Question # 3:
Will blankable trainmen/yardmen positions continue to be bulletined?
Answer:
Yes, where articles now require; however, when no bids are received, the positions may be blanked until such time as a protected employee
exercises seniority thereto in accordance with applicable rules. A protected employee who does not have an exercise of seniority may claim
such blanked position by giving 24 hours advance notice.
Question # 4:
When there is a change in the consist of crews as a result of this Article (position changes from blanked to blankable or vice versa), may the
employees assigned thereto elect to exercise their seniority?
Answer:
Yes, this would be considered a change in conditions and the employees may exercise seniority in accordance with applicable rules.
Question # 5:
Does the amended crew consist agreement change the order of placement on the respective seniority roster for those trainmen who
previously chose not to be promoted either through the normal opportunity or through the "special promotion" process?
Answer:
No, those employees will be placed behind those who have not declined promotion on their respective seniority roster in the same relative
standing as their brakeman seniority.
QUESTIONS AND ANSWERS
(Applicable to Section 2 - Operation With Less Than A Two-Member Crew)
Question # 1:
When the Reserve Board is exhausted, will the Carrier designate blankable positions prior to forcing?
Answer:
Yes.
Question # 2:
Will an employee forced to a must-fill position have an exercise of seniority?
Answer:
Yes.
Question # 3:
Does the Article eliminate prior rights?
Answer:
No.
Question # 4:
Will utility positions be filled from the trainman's craft?
Answer:
Yes.
Question # 5:
Can a trainman/yardman be held off his assignment for a later assignment?
Answer:
No.
Question # 6:
Does a road utility position get paid miles operated with a minimum of a basic day?
Answer:
Yes.
Question # 7:
Is a yard utility position restricted to the geographical limits to the same extent as yard assignments?
Answer:
Yes.
Question # 8:
What work can a utility position perform?
Answer:
A yard or road utility position can perform any work normally permitted of yard or road employees respectively.
Question # 9:
Where shall single assignment positions go on and off duty?
Answer:
Single assignment positions must go on and off duty at the same location.
Question # 10:
Will employees hired on or before December 5, 1991 be run-around on guaranteed extra list?
Answer:
No.
Question # 11:
Will an employee be able to displace to a blanked position which is blanked because an employee is forced to a must-fill position?
Answer:
Only if he is a protected employee and senior to the forced employee.
Question # 12:
Will an assignment be blanked when a trainman takes a personal leave day?
Answer:
The position may be blanked if no employee with a train service seniority date on or before December 5, 1991 is available from the Extra
Board.
Question # 13:
How will conductor positions in the freight pool be assigned?
Answer:
Positions will be assigned to the senior bidder. if no bids are received, the junior conductor on the respective extra board will be assigned.
Question # 14:
Can a senior emergency conductor now be permitted to work as a brakeman in the pool in which a junior man is working regularly as a
conductor?
Answer:
Yes. All assignments regular and extra will be filled by the senior employee properly submitting a bid for the assignment.
QUESTIONS AND ANSWERS
(Applicable to Section 4 - Extra Boards)
Question # 1:
What jobs can be filled from the guaranteed extra board?
Answer:
Any job that normally accrues to that board.
Question # 2:
What vacancies will be filled from the guaranteed extra board, and how will the vacancies be filled?
Answer:
All vacancies (conductor and brakeman) will be filled first-in, first-out.
Question # 3:
How will road conductor vacancies be filled from the extra board?
Answer:
The first-out available conductor will be used.
Question # 4:
How will conductor vacancies at out-lying points be filled if the extra board is exhausted?
Answer:
Present rules require vacancies to be filled by the senior emergency conductor at the Division home terminal, except that if there is an
emergency conductor at the point where the vacancy exists who is senior to all available emergency conductors at the Division home
terminal, he shall be used.
Question # 5:
How will conductor vacancies in the freight pools be filled when the guaranteed extra board is exhausted?
Answer:
Vacancies will continue to be filled in the same manner as described in Q & A No. 4.
Question # 6:
Does "currently" as used in Section 4 B. 5 of this Article mean it will be paid in the following half?
Answer:
Yes.
Question # 7:
If an employee marks off at 11:50 p.m. and marks back up approximately one hour later at 1:00 a.m., how will he be treated for guarantee
purposes and his placement on the Board?
Answer:
Two days lost.
Question # 8:
If an extra employee misses a call for an 11:00 p.m. assignment, how will he be treated for guarantee purposes and his placement on the
Board?
Answer:
He loses a guarantee day (the day of the missed call) and any subsequent days he is not available the entire calendar day or earnings lost, if
greater. He will be marked up at the bottom of the extra list.
Question # 9:
Does the Article change existing starting time rules (or practices) for guaranteed extra boards?
Answer:
No.
Question # 10:
Does this Article change the yard five-day work week?
Answer:
No.
Question # 11:
When a yard assignment is annulled on other than a holiday, for one or more days, can the yardman on the assignment annulled place on an
Extra Board for the day or days and receive a guarantee day or days?
Answer:
Yes.
Question # 12:
How will earnings from paid personal leave days, holiday pay, vacation pay, jury duty, and bereavement leave be treated for the purpose of
calculating Extra Board guarantees?
Answer:
An employee's semi-monthly guarantee will be reduced by one day under Section 4 B for each calendar day such payment is claimed.
QUESTIONS AND ANSWERS
(Applicable to Section 5 - Reserve Boards)
Question # 1:
Will employees be furloughed as a result of this Article?
Answer:
Only employees who would be furloughed under agreements in effect prior to December 5, 1991 could be furloughed.
Question # 2:
Will Reserve Board employees be allowed to utilize payroll deductions to the same extent that active duty employees are allowed to do so?
Answer:
Yes
Question # 3:
May an employee on Reserve Board take vacation?
Answer:
The employee has the option of taking vacation pay in lieu of reserve board pay or saving the vacation until he returns to active service.
Question # 4:
Will Reserve Board employees be credited with days of service for the purpose of qualifying for vacation?
Answer:
Employees will not accrue qualifying days of service while on the Reserve Board. However, time spent on the Reserve Board will count
toward years of continuous service.
Question # 5:
What standards will apply to Reserve Board employees for rules exam and physicals?
Answer:
The same standard or tests that apply to active employees.
Question # 6:
How will reserve board employees, who have made a written request to be used, supplement the guaranteed extra board?
Answer:
They will be placed on the request list in seniority order, and they will be called first-in, first-out. If those Reserve Board employees are not in a
position to receive or accept the call, they will be placed at the bottom of the request list.
Question # 7:
Are employees, who were hired after the October 31, 1985 UTU National Agreement, affected by this agreement when they are assigned to
the Reserve Board and subsequently selected to attend Locomotive Engineer Training?
Answer:
The amended crew consist agreement does not alter or amend LET requirements.
Question # 8:
Is a Reserve Board employee required to keep the Carrier advised of his current address?
Answer:
Yes.
Question # 9:
How will Reserve Board employees be recalled to active service?
Answer:
By certified mail.
Question # 10:
What seniority will an employee use to bid in the Reserve Board?
Answer:
His trainman date for a road Reserve Board and his switchman date for a yard Reserve Board.
Question # 11:
Does unrestricted exercise of seniority under Section 5 E 3. mean that an employee returning from a Reserve Board must displace the junior
employee in the pool or group of runs to which he is exercising seniority.
Answer:
Yes.
Question # 12:
May an employee on a Reserve Board take vacation?
Answer:
The employee has the option of taking vacation pay in lieu of Reserve Board pay or saving the vacation until he returns to active service.
QUESTIONS AND ANSWERS
(Applicable to Section 6 - Special Allowance)
Question # 1:
Will an employee operating conductor only receive the $8.73 ($12.29 for trains over 120 cars) special allowance in addition to the $15.00
special allowance referred to in Section 6?
Answer:
No.
QUESTIONS AND ANSWERS
(Applicable to Section 10 - Permanent Must-Fill Vacancies)
Question # 1:
Will the junior protected employee be notified when a non-protected employee takes (or is forced to) a must-fill position?
Answer:
Yes.
Question # 2:
When must a protected employee elect to exercise his seniority or remain on the Extra Board under this Article?
Answer:
When notified that a non-protected employee has been assigned to a must fill position, the protected employee must exercise seniority within
24 hours or remain on the Extra Board.
Question # 3:
Do protected employees who lose their status as such, due to non-protected employees holding must-fill positions, lose their trip credits
toward the distribution of the Productivity Fund, where applicable, during the period of time they are considered non-protected?
Answer:
No.
QUESTIONS AND ANSWERS
(Applicable to Section 12 - Yardmen's Extra Board)
Question # 1:
Does the wording in Section 12 B, reading "same starting time bracket" mean the time periods referred to in existing starting time rules?
Answer:
Yes.
Question # 2:
Will a time and one-half tour of duty in yard service (other than working on a holiday) be counted as a day against a yardman on the yard Extra
Board under the provisions of Section 12 A?
Answer:
No.
Question # 3:
Does Section 12 A set aside application of schedule rules which require payment at time and one-half?
Answer:
No.
Question # 4:
When a yard assignment is annulled on other than a holiday, for one or more days, can the yardman on the assignment annulled place on an
extra board for the day or days and receive a guarantee day or days?
Answer:
Yes.
QUESTIONS AND ANSWERS
(Applicable to Section 14 - Failure to Report)
Question # 1:
Give some examples of what would constitute "work" as that word is used in the phrase "required to work"?
Answer:
Switching moves, bleeding air and setting hand brakes would be some examples of "work", but it is understood the securing of switch list or
receiving instructions by the yard foreman is not "work" for the purpose of this Article.
QUESTIONS AND ANSWERS
(Applicable to Section 15 - Premature Discontinuance of Duty)
Question # 1:
Do the provisions of Section 15 change in any manner the current policy regarding payment to employees who discontinue duty before the
completion of a tour of duty as a result of an on-duty injury?
Answer:
No.
QUESTIONS AND ANSWERS
(Applicable to Section 16 - Non-Revenue Trains)
Question # 1:
Does this Article change in any manner the Articles pertaining to yard crews operating in combination road-yard service zones?
Answer:
No.
Section 22 - Productivity Fund
A Effective on December 1, 1991, any requirement that Carrier accrue monies to an employee productivity fund as a result of operating
reduced crews is eliminated.
1. The provisions of Paragraph B of this Article below will govern.
B. Conductors and trainmen (foremen/yardmen) in active service as such on November 1, 1991, who have a seniority date in train service
prior to September 1, 1984, will receive two lump sum payments, subject to normal payroll taxes and other usual employee deductions to be
distributed in the following manner.
$20,000 in December of 1991
$40,000 at retirement, death or resignation
NOTE: In the event of an employee's death, the lump sum productivity payment will revert to the employee's estate.
1. As used in Section 22 B, the term "trainmen" includes flagmen and brakemen in road service; the term "yardmen" includes switchmen and
yard helpers in yard service; and the term "conductors" includes conductors in road service and foremen in yard service.
2. "Active service" includes those employees who return to service as trainmen or conductors (foremen/yardmen) from illness, furlough, injury,
suspension or dismissal. The amounts they receive will be equal to the amounts they would have received on the Agreement allocation date.
3. In the event that an employee resigns from Carrier's service prior to the allocation of the lump sum payments to which he is entitled, he will
receive his full entitlement at the time of his executed resignation.
4. No employee will be entitled to receive more than one total payment ($20,000/$40,000) regardless of the number of funds in which he has
seniority to participate on this or any affiliated carrier. Once an employee elects to receive this payment, he will not thereafter be eligible to
receive payments from any other productivity fund from this or any affiliated carrier.
Article 21
Crew Consist
Section 1 - Road And Yard Crews
A. The consist of all road freight and yard crews, except as otherwise provided in this Article, will not be less than one conductor/foreman and
one trainman/yardman.
B. Nothing in this Article shall prohibit the Carrier from electing to use a service employee in addition to the conductor/foreman and one
trainman/yardman on a crew in road or yard service.
1. Any position established pursuant to this Section above may be discontinued.
2. If the Carrier elects to operate a crew in assigned road or yard service with a crew consist in excess of that required by this Article and the
excess position is filled for five (5) consecutive days in road service or three (3) consecutive days in yard service, thereafter the senior
employee making application for the position will be assigned if the position is to be continued. The position may be abolished at any time
pursuant to the usual notice requirements.
C. There shall be no car count or train length limitation in the operation of any Carrier train.
D. 1. All employees holding a seniority date on road trainman and/or yard seniority rosters on December 5, 1991 will be known and
designated as "protected employees". Any such employee in a dismissed or suspended status as of December 5, 1991, or thereafter, who
is subsequently reinstated with seniority rights unimpaired will also be a protected employee.
2. Trainmen/yardmen establishing seniority after December 5, 1991 will be known and designated as "non-protected employees" and will not
have the right to exercise seniority to or otherwise be used on blanked or blankable trainmen or yardmen positions, except as provided in this
Article.
Section 2 - Operation With Less Than A Two-Member Crew
A. The Carrier may continue to operate conductor-only service pursuant to agreements signed before December 5, 1991. Nothing in this
Article is intended to restrict the existing rights of the Parties.
B. In addition to Section 2 A of this article, effective January 1, 1992, the Carrier may operate 50% of through-freight assignments conductor-
only on a seniority district basis. This percentage may increase by 10% each year. Additional through-freight conductor-only assignments
operated pursuant to agreements signed prior to December 5, 1991 will count toward the percentage figure. Conductor-only service will be
operated in accordance with schedule agreements.
C. Employees hired after December 5, 1991 can only exercise seniority to conductor/foreman positions, trainman/yardman positions
advertised by the Carrier as must-fills, including Extra Board positions, to which their seniority would entitle them.
D. 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.
E. The Carrier may create single assignment positions to expedite and/or assist efficient operations. These positions will be paid applicable
rates in accordance with schedule rules. Utility positions will be paid yard foreman’s rate in the yard and conductor’s short local rate on the
road. His duties may include operation of a Carrier provided motor vehicle.
F. Effective December 5, 1991, the crew consist for all Carrier crews other than through-freight shall be one conductor/foreman and one
blankable trainman/yardman position, with the exception of those assignments which are presently operated by agreement with a conductor
or single employee only.
1. Employees with a seniority date of December 5, 1991, will have full seniority rights to these blankable positions, including the normal
exercise of seniority to permanent and temporary vacancies.
2. In the event that no bids on blankable positions are received from employees with a seniority date on or before December 5, 1991, the
positions may be blanked and worked with a conductor/foreman only.
3. In the event that a position cannot be filled under existing Schedule rules, as amended, and the Reserve Board is vacant, an employee may
be forced, in reverse seniority order, to a must-fill position (including an Extra Board position) from a designated blankable position; however,
he will receive no less compensation than he would have received on his former assignment. Such difference in earnings will cease in the
event his former blankable position is abolished or subsequently designated by the Carrier as a must-fill position.
Note: Difference in earnings is calculated and paid on a payroll-period basis.
(a) The former assignment of an employee forced under this provision will be blanked unless subsequently designated by the Carrier as a
must-fill position.
(b) A position on the Extra Board is considered to be a must-fill position in applying these election articles governing permanent vacancies.
Section 3 - Miscellaneous
A Conductors and trainmen (foreman/helpers) may be required to affix and remove end-of-train or similar devices without restriction or
penalty.
B. Except for the standard yard lunch rule (Article 44, Section 8) all lunch rules and practices are eliminated with the exception of locals and
road switchers.
C. The territory of the former WLE will become part of the former NKP and be governed by former NKP schedule rules except the application
of vacation request and the Toledo extra board calling cycle.
D. Assignment of the vacation schedule will be allocated for the entire calendar year in December and vacation assignments will be made
prior to January 1 of the applicable year.
Section 4 - Extra Boards
A At locations where extra boards exist under present schedule rules the Carrier will establish for each craft a guaranteed extra board for
employees with seniority on or before December 5, 1991.
1. The Carrier will regulate the number of employees assigned to extra boards.
2. Any practices and/or agreements previously in effect providing for extra board guarantees are hereby eliminated.
3. Where road and yard extra lists are maintained separately, those boards will continue to be regulated separately.
B. The guarantee for employees with seniority on or before December 5, 1991 assigned to guaranteed road or combination road/yard extra
boards will be a gross monetary amount of $1,653.00; and for employees with seniority on or before December 5, 1991 assigned to yard
extra boards will be a gross monetary amount of $1,351.95 for each semi-monthly payroll period (both amounts subject to future general
wage and cost-of-living increases). The current rate to be used for reduction for unavailability and for pro-rating less than a full period will be
one-fourteenth of the applicable bi-weekly guarantee. (See Article 10 for rates of pay.)
1. All earnings, with the exception of special allowance payments, during the pay period will apply against the guarantee. The guarantees of
employees who are on the extra board for part of a month will be prorated. Penalty payments will be offset against guarantee in the period of
occurrence.
2. If an employee is suspended as a result of a disciplinary action, lays off at his own request, misses a call, or is not available for the full
twenty-four (24) hours, the greater of the prorated amount shown in B. above or earnings lost as a result of the absence will be deducted from
the guarantee.
3. The guarantee of a train service employee who voluntarily exercises seniority to the extra board will commence at 12:01 a.m. on the date
following the date he marks up as available for service. A train service employee displaced from the extra board will be credited with a full
calendar day of availability with respect to the guarantee for the date displaced.
4. A train service employee exercising seniority off an extra board will not be credited with a full calendar day of availability with respect to the
guarantee for that date. A train service employee forced to an extra board will be credited with a full calendar day of availability with respect to
that date.
5. Employees may be required to file for any payments due on forms supplied by the Carrier and paid currently.
6. In order to prevent an employee from holding the first out position for long periods of time, at 12:01 p.m. each date, the first out employee
will be placed at the bottom of the board.
Note: Section 4 B 6 only applies to employees with a seniority date on or before December 5, 1991.
Section 5 - Reserve Boards
A. The Carrier will establish Reserve Board positions at locations where extra boards exist. These Boards will consist of employees hired on
or before December 5, 1991 who are not holding a regular assignment or the guaranteed extra board position.
1. Each employee on a Reserve Board will be guaranteed a gross amount of $1,209.58 for each full semi-monthly pay period, subject to
future wage and cost-of-living increases. The guarantee for employees added to or removed from the Reserve Board on dates other than the
first day of the month will be reduced by 1/15th for each full calendar day they are not on the Reserve Board. (See Article 10 for rates of pay.)
2. Positions established initially on the Reserve Board, and subsequent vacancies, will be advertised in accordance with applicable schedule
rules.
3. No deductions from the pay of a Reserve Board employee will be made except for deductions of income, employment or payroll taxes
(including Railroad Retirement taxes) required by law; amounts required or permitted by an applicable dues deduction agreement; and other
amounts as authorized by this or any other agreement required by law. Reserve Board employees may engage in outside non-railroad
employment which is not in conflict with the Carrier's interests without any offset of earnings.
B. The Carrier will create additional extra and/or Reserve Board positions before furloughing an employee who would have stood for service
under application of the September 1, 1984 Crew Consist Agreement.
C. Reserve Board employees may be called and used to supplement the guaranteed Extra Boards when they are exhausted if they can be
contacted. Employees making written request for emergency work will be marked up in seniority order and called first-in, first-out.
1. Such employees are not required to remain available for call, cannot be required to respond to such calls, and will not be censured or
disciplined for failing to do so.
2. No offset will be made against any guarantee when he declines such a call.
3. In the event that a Reserve Board employee accepts the call, he will receive all of the earnings of the trip for which called in addition to the
Reserve Board pay for that day or days.
D. Any employee who is assigned to the Reserve Board must remain in that status for at least 28 days (two bi-weekly payroll periods) unless
he is: displaced by a senior employee; recalled for active service; discharged from employment by the Carrier for good cause; he resigns
from employment of the Carrier; or he retires on an annuity (including a disability annuity) under the Railroad Retirement Act. At the end of 28
days (two bi-weekly payroll periods) an employee in Reserve Board status may elect to have his Reserve Board assignment advertised, and
at the end of the advertisement period he may displace any junior employee.
E. Employees in Reserve Board status may not be displaced therefrom except as provided below:
1. A senior employee in active service may displace the junior employee on the Reserve Board by giving notice on or before the end of a
payroll period. The displacement will be allowed as of 12:01 a.m. on the first day of the second payroll period following the payroll period in
which notice is given.
EXAMPLE: An employee gives notice during or at the end of payroll period 1. The employee giving notice will continue to work during payroll
period 2 and will be placed on the Reserve Board at 12:01 a.m. on the first day of payroll period 3.
2. A displaced employee desiring to be placed on the Reserve Board may do so as outlined in E 1. above; however, this will not prevent or
relieve the employee from exercising his seniority between the time displaced and the time the employee is entitled to be placed on the
Reserve Board.
3. Employees recalled, displaced or exercising seniority from the Reserve Board will be entitled to an unrestricted exercise of seniority to any
assignment to which their seniority entitles them.
4. Employees displaced as a result of this Article will have forty-eight hours within which to exercise their seniority after notification.
F. The Carrier will continue to make payment of premiums under applicable health and welfare plans for employees in reserve status.
G. Reserve employees must maintain their train service proficiency while in such status.
1. "Maintaining proficiency" includes successfully completing any retraining or refresher programs that the Carrier may require and passing
any tests or examinations (including physical examination) administered for purposes of determining whether such proficiency have been
maintained.
2. Reserve Board employees must hold themselves available for return to service upon seven (7) days' notice. Reserve Board pay will
continue for seven (7) days from date of notification in addition to other earnings.
(a) Employees will be recalled from service from their respective boards in reverse order of seniority unless recalled for service as an
engineer.
(b) Failure to comply with this seven (7) days' notice will result in forfeiture of all seniority subject to scheduled rules.
Section 6 - Special Allowance
A. Employees who have a seniority date in train service on or before December 5, 1991 will receive a special allowance of $15.00 when
working on a conductor/foreman only crew. This allowance is not subject to any future wage or cost-of-living increase.
B. 1. Employees who have a seniority date in train service on or before December 5, 1991 will receive a special allowance of $8.11 when
they perform service on an assignment with a crew consisting of a conductor/foreman and one trainman/yardman, except as provided in B 2.
below.
2. Conductors and trainmen who have a seniority date in train service on or before December 5, 1991 will receive a special allowance of
$11.40 when they perform service on a road assignment, handling over 120 cars.
3. These allowances will be subject to regular wage increases until they reach or exceed the sum of $15.00. At that time the special
allowance will be frozen at $15.00, and will not be subject to future wage or cost-of-living increases.
Section 7 - Definitions
A. The terms "foreman", "trainman", and "yardman" as used in this Article serve the purpose of identifying a craft or class and are not
intended to denote gender.
B. The term "must-fill" positions are all positions covered by agreements between the Carrier and the UTU, except first trainman/yardman
positions in road and yard service which may be blanked pursuant to this Article.
C. The term "blankable" position refers to a first trainman or yardman position on a crew which is filled by a protected employee and which,
under certain specified conditions, can be operated as a "conductor/foreman only crew" in the absence of the first trainman/yardman.
D. The term "blanked" position refers to a trainman or yardman position on a crew which is not filled and works as a conductor/foreman only
crew.
E. A "furloughed" employee is an employee whose seniority does not entitle him to hold a position, regular or extra, on his seniority district
F. A "cut off" employee is an employee who does not stand for a position, or extra, at the yard or road terminal where last displaced and has
elected not to exercise seniority on a position for which he stands at another yard or road terminal.
G. A "reduced crew" is a crew that operates with a conductor/foreman only.
Section 8 - Restrictions On The Carrier
A Employees will not be required to operate with less than the required crew consist specified in this Article, nor will they be censured or
disciplined in any manner for refusal to do so.
B. No Carrier supervisor, yardmaster, official, engine or non-craft employee will be used to supplement, supplant or substitute in the work of
any train or yard crew working under UTU Agreements.
Section 9 - Stepping Up Trainmen/Yardmen (Temporary Vacancies)
A No trainman/yardman will be moved from a must fill trainman/yardman position to a crew of a conductor/foreman only in order to make such
crew a conductor/foreman, and one trainman/yardman. If a trainman/yardman is required, the first out trainman/yardman will be called from the
applicable Extra Board, or if the Extra Board is exhausted in accordance with schedule rules.
B. In the event the conductor member of a road crew lays off at the away-from-home terminal or fails to report having been properly called
before departure of his train from the away-from-home terminal, present practices will be followed in filling the conductor vacancy.
Section 10 - Permanent Must-Fill Vacancies
Permanent must-fill vacancies which are not filled voluntarily in the usual manner or assigned under applicable rules, will be filled by assigning
the most junior trainmen/yardmen on the respective Extra Boards. If non-protected employees are assigned (either by choice or if forced) to a
must fill position, an equal number of protected employees electing to remain on or go to the Extra Board will, in reverse order of seniority,
lose their status as a protected employee in filling blankable positions and qualifying for an Extra Board guarantee so long as non-protected
employees are holding must-fill positions. However, a protected employee on the Extra Board so affected will be permitted to exercise his
seniority.
Section 11 - Seniority Rights
A. Protected trainmen/yardmen on an Extra Board will be used on blankable and must fill trainmen/yardmen vacancies, except as provided in
Section 10 above.
B. Non-protected trainmen/yardmen on an Extra Board will be used only on must-fill vacancies and shall have no claim if run around by a
protected trainman/yardman used on a blankable vacancy.
Section 12 - Yardmen's Extra Board
A. All Extra Board yardmen will continue to be confined to five straight time eight hour shifts in their work week under the Five Day Work
Week Article. Road service work is not to be considered.
B. After all available Extra Board yardmen have worked their allotted number of shifts, or there are no extra yardmen rested and therefore
unavailable, must-fill temporary vacancies will be offered in seniority order to protected helpers assigned to work that day on blankable
positions in the same starting time bracket in which the vacancies exist and at the same point If none of the protected helpers contacted
desires the vacancy, the junior protected helper contacted at that point will be assigned to work that day, and those assigned will receive no
less compensation that they would have earned on their own assignment. Protected helpers occupying blankable jobs who do not desire to
be called, when they do not stand to be assigned, will so notify the appropriate officer of the Company in writing with a copy to the Local
Chairperson. Such written notification may be revoked in the same manner.
In the event there are no available protected yard helpers holding blankable positions in the same starting time bracket in which the vacancies
exist, at the same point, said vacancies will be filled in accordance with the riles or practices in effect prior to this Agreement.
NOTE: The phrase at the same point' as used herein means assignments that go on and off duty at the same yard in terminals where yard
crews are assigned to report at more than one yard or location in the same yard or terminal.
Section 13 - Maintaining Sufficient Employees
The Carrier will maintain, through recall of furloughed trainmen/yardmen and/or hiring of new employees, a sufficient number of regular and
extra employees to permit reasonable lay-off privileges and to protect must-fill vacancies, vacations, personal leave days and other extended
vacancies.
Section 14 - Failure To Report
A. Yard
1. Must-Fill Position: In the event a regular member of a yard crew, or an extra employee properly called fails to report for duty at the assigned
reporting time for a must fill position, the remaining crew member may be required to work but not in excess of 120 minutes from starting time
and a yardman will be called to fill the vacancy. In such cases the yardmaster or other Carrier supervisor will have the option of staring the
crew to work, or instructing them not to work until arrival of the extra yardman. If the crew is required to work, such yardman will be paid the
foreman's rate of pay and the Special Allowance of $15.00, if applicable.
2. Blankable Position: In the event a regular member of a yard crew, or an extra employee properly called, fails to report for duty at the
assigned reporting time for a blankable position, the remaining crew member may be required to work but not in excess of 120 minutes from
stating time and a protected yardman will be called to fill the vacancy. In such cases the yardmaster or other Carrier supervisor will have the
option of staring the crew to work, or instructing them not to work until arrival of the extra yardman. If the crew is required to work, such
yardman will be paid the foreman's rate of pay and the Special Allowance of $15.00, if applicable. If there are no protected yardmen available
on the Extra Board the position may be blanked and the foreman paid accordingly.
B. Road-Home Terminal
1. In the event a regular assigned trainman of a road crew, or an extra trainman properly called, fails to report before departure of his train
from the home terminal, the train may be operated conductor only to and from the away-from-home terminal or in turnaround service, provided
the trainman's position is a blankable position.
2. In the event a conductor of a road train properly called fails to report before departure of his train from the home terminal, past practice will
apply.
3. If an employee is given less than the required advance call, the train will be held not to exceed the amount of time the call was short.
C. Road - Away-From-Home Terminal
1. In the event a trainman of a road crew or an extra employee properly called is unavailable for reasons of his own, including marking off, at
the away-from-home terminal, the remaining crew members may be required to work back to their home terminal or in turnaround service for
one trip and the conductor will receive the Special Allowance of $15.00, if applicable.
2. In the event a conductor of a road train properly called fails to report before departure of his train from the away-from-home terminal, past
practice will apply.
3. If an employee is given less than the required advance call, the train will be held not to exceed the amount of time the call was short.
Section 15 - Premature Discontinuance Of Duty - Yard
1. Must-fill Position: In the event that a member of a yard crew protecting a must fill position discontinues duty before the completion of the
crew's tour of duty and a replacement is called the remaining crew members may be required to work not to exceed sixty minutes from the
time of discontinuance and receive foreman's rate of pay and the Special Allowance of $15.00, if applicable, or the Carrier may elect to tie
the crew up.
2. Blankable Position: In the event that a member of a yard crew protecting a blankable position discontinues duty before the completion of
the crew's tour of duty and a protected yardman will be called, the remaining crew members may be required to work not to exceed sixty
minutes from the time of discontinuance and receive foreman's rate of pay and the Special Allowance of $15.00, if applicable, or the Carrier
may elect to tie the crew up. If there are no protected yardmen available on the Extra Board the position may be blanked and the foreman
paid accordingly.
Section 16 - Non-Revenue Trains
A All non-revenue trains, such as snowplows, work or wreck trains (including handling of solid wreck trains terminal-to-terminal), may be
operated with a crew of not less than one (1) conductor/foreman and one (1) blankable trainmen/yardmen when protected by Extra Boards or
by crews exclusively assigned to such service.
B. Where service referred to in Section 16 A. above is operated either regular assigned or extra, blankable vacancies will be filled by
available protected Extra Board employees.
C. An Hours of Service relief road crew that relieves a road crew may be operated conductor only.
Section 17 - Personal leave days
(a) All train service employees in road freight service not covered by the National Paid Holiday Rules will be entitled to personal leave day(s)
in each calendar year on the following graduated basis subject to the limitation contained in Paragraph (b), below:
Years of Service Personal Leave Days
Less than 5 years 3 days
Five years and less than 10 years 5 days
Ten years and less than 15 years 7 days
Fifteen years and less than 20 years 9 days
Twenty years or more 11 days
(b) The number of personal leave day(s) each road freight service employee is entitled to shall be reduced by the number of paid holidays (or
pay in lieu thereof) received in covered road service or in the exercise of dual road and yard seniority rights. Once an employee has reached
the maximum of 11 days, he will not be entitled to any additional paid holidays or personal leave day(s) in that calendar year.
If an employee takes any of his personal leave days before his service anniversary date, in a year in which his entitlement will increase, he
may take up to the number of leave days he is entitled to prior to his anniversary date and then take the additional days that he is entitled to
after his service anniversary date.
(c) Personal leave day(s) may be taken upon 24 hours' advance request to an appropriate Carrier Officer and shall be granted consistent with
the requirements of the service. The Carrier bas the option of granting personal leave days with less than 24 hours' notice. The employee will
be paid one basic day at the rate of the last service performed for each personal leave day(s). Should the Carrier refuse an employee's
request for personal day(s), those leave days will be carried over, but must be requested and granted prior to May 1 of the following year. Any
personal leave days not taken during the calendar year because of failure to the employee to make timely request therefore shall not be
carried over.
(d) Personal leave day or days will not be scheduled to start on other than a workday of the employee's position. Personal leave days for extra
board employees and those in pool freight service will begin when they otherwise would have been called. When a member of a crew is on
his personal leave day(s), if his position is not a must-fill position, it may be blanked. Personal leave days paid for will be counted as
qualifying days for vacation purposes.
(e) At the conclusion of twelve (12) months from the effective date of this Agreement, Carrier's Highest Designated Officer and the General
Chairman will meet to evaluate the results of the personal leave day application issue to make whatever adjustments may be necessary
relative to personal leave day requests and scheduling.
QUESTIONS AND ANSWERS
Question # 1:
If an employee with more than five years and less than ten years of service, who is entitled to five personal leave days a year (receives or
could have received 6 paid holidays but did not qualify due to unavailability on qualifying day or days), goes to road service, which does not
qualify for holiday pay, would he be entitled to five personal leave days?
Answer:
Yes, but he could not get more than eleven personal leave days and holidays through the combination of the two.
Question #2:
In the event the same employee, who qualified for and who is entitled to five personal leave days, works a yard job or a road job qualifying for
holiday pay and earns seven paid holidays and then takes a job that does not qualify for holiday pay, how many personal leave days would he
then be entitled to?
Answer:
Four.
Question #3:
In the case of a 20-year trainman working the first part of the year on freight trains not covered by holiday pay, and during such time uses all
eleven days of his "personal leave," then goes to a road freight run covered by Holiday Pay Rules, or yard service covered by Holiday Pay
Rules, what is his eligibility for holiday pay?
Answer:
He would not be eligible for holiday pay, as he used his maximum eleven days for the year, and no more holiday-pay days would be due;
similarly, if he used five days of personal leave, he would only be eligible for the six holiday-pay opportunities the remainder of the year, i.e., in
no event can a man accrue more than eleven days' personal leave or holiday pay in combination.
Question #4:
If a passenger service employee, where no holiday pay applies, or a yard service employee, goes into freight service where the personal
leave days apply, is he eligible for such days when in freight service?
Answer:
Yes, after the employee has made one or more trips in freight service.
Question #5:
An employee has five years of service as of December 28, 1982, has taken no personal leave days prior to that date and is then entitled to
five personal leave days, but there are only four days remaining in the year. After taking four personal leave days, may he then carry the fifth
day over into the next year?
Answer:
No.
Question #6:
An employee who will have five years of service on August 1, 1982, takes two personal leave days prior to that date: Is he entitled to an
additional three personal leave days after August 1, 1982?
Answer:
Yes:
Question #7:
Can an employee on a combination road-yard extra board take personal leave days?
Answer:
Yes, but he cannot get more than 11 personal leave/holidays through a combination of the two.
Question #8:
When personal leave days have begun, how will they be computed?
Answer:
Consecutively on calendar-day basis.
Question #9:
Does this Article 21 preclude the payment of time and one-half for service actually performed on a holiday by an employee who has
previously taken a combination of eleven (11) holiday/personal leave days?
Answer:
No, provided he is otherwise qualified for time and one-half payment for service performed on a holiday under the National Holiday Rule.
Question # 10:
If an employee carries over personal leave days as provided by Article 21(c), will such employee be permitted to take his personal leave days
even though he is holding, at that time, an assignment covered by the National Paid Holiday Rules?
Answer:
Yes:
Question # 11:
If a brakeman first-out on the extra board takes personal leave days will the second-out protected brakeman be called for the blankable
vacancy for which the first-out brakeman stood?
Answer.
Yes, provided he has not made his 1000 miles that week.
Question # 12:
Will the vacancy of a regularly assigned brakeman, who stepped up or used off his position to brakeman to fill the vacancy of a conductor who
is taking a personal leave day, be filled?
Answer:
Yes, provided there are protected brakeman on the extra board available to fill the vacancy.
Question # 13:
A personal leave vacancy is a "blankable" vacancy. Does this mean such vacancy is not to be filled?
Answer:
The vacancy need not be filled unless it is a "must-fill" vacancy.
Section 18 - Voluntary Early Separation
To expedite attrition, an individual protected employee may request or may be offered by the Carrier in seniority order an opportunity for
voluntary early separation and accept a lump sum separation allowance and other considerations in lieu of all other benefits and protection
provided in this Article. Such employee will be given an opportunity to elect hospital-surgical coverage for himself and his dependents in lieu
of a portion or all of the severance allowance agreed upon, if he so desires.
Such request or offer for early voluntary separation will be in writing and subject to the approval and option of both the individual employee
and the Carrier's Highest Designated officer.
Section 19 - General
The parties hereto recognize the complexities involved in this Article and, in keeping with its intent and purpose and the rights and
responsibilities of the parties thereunder, arrangements will be made for periodic conferences for the purpose of agreeing on interpretations.
A. This Article supersedes all other agreements, rules and/or understandings which are in conflict herewith. Any conflict between the changes
set forth in this Article and the provisions of existing agreements shall be resolved in accordance with the provisions of this Article.
B. The parties to this Article will not serve or progress, prior to the attrition of all protected employees, any notice or proposal for changing the
specific provisions of this Article, governing, pure attrition, protected employees, special allowance payments to reduced crew members,
employee productivity fund, guaranteed Extra Boards, Reserve Boards and the administration thereof. This will not bar the parties from
making changes in the above provisions by mutual agreement.
C. 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 arrangements provided that there shall be no duplication
or pyramiding of benefits to any employee.
Section 20
Nothing in this Article shall be construed as depriving my employees of my rights or benefits or eliminating any obligations that crew consist
protected employees my have under existing job security or other protective conditions or arrangements provided that there shall be no
duplication or pyramiding of benefits to my employees.
Section 21 - Moratorium
Items contained in Section 19 B of this Article are exempt from further handling and cannot be altered or changed by presidential Emergency
Boards or any other tribunals which settle wage and rules negotiations.
QUESTIONS AND ANSWERS
(Applicable to Section 1 - Road and Yard Crews)
Question # 1:
Does this Article change in any manner Agreement rules and practices pertaining to the filling of conductor/foreman vacancies?
Answer:
No.
Question # 2:
Can a trainman/yardman who is in furloughed status at a yard or road terminal be forced to a must-fill position at another yard or road terminal
within his seniority district?
Answer:
Only to the extent he could have been required to do so under the existing Agreements in effect prior to December 5, 1991.
Question # 3:
Will blankable trainmen/yardmen positions continue to be bulletined?
Answer:
Yes, where articles now require; however, when no bids are received, the positions may be blanked until such time as a protected employee
exercises seniority thereto in accordance with applicable rules. A protected employee who does not have an exercise of seniority may claim
such blanked position by giving 24 hours advance notice.
Question # 4:
When there is a change in the consist of crews as a result of this Article (position changes from blanked to blankable or vice versa), may the
employees assigned thereto elect to exercise their seniority?
Answer:
Yes, this would be considered a change in conditions and the employees may exercise seniority in accordance with applicable rules.
Question # 5:
Does the amended crew consist agreement change the order of placement on the respective seniority roster for those trainmen who
previously chose not to be promoted either through the normal opportunity or through the "special promotion" process?
Answer:
No, those employees will be placed behind those who have not declined promotion on their respective seniority roster in the same relative
standing as their brakeman seniority.
QUESTIONS AND ANSWERS
(Applicable to Section 2 - Operation With Less Than A Two-Member Crew)
Question # 1:
When the Reserve Board is exhausted, will the Carrier designate blankable positions prior to forcing?
Answer:
Yes.
Question # 2:
Will an employee forced to a must-fill position have an exercise of seniority?
Answer:
Yes.
Question # 3:
Does the Article eliminate prior rights?
Answer:
No.
Question # 4:
Will utility positions be filled from the trainman's craft?
Answer:
Yes.
Question # 5:
Can a trainman/yardman be held off his assignment for a later assignment?
Answer:
No.
Question # 6:
Does a road utility position get paid miles operated with a minimum of a basic day?
Answer:
Yes.
Question # 7:
Is a yard utility position restricted to the geographical limits to the same extent as yard assignments?
Answer:
Yes.
Question # 8:
What work can a utility position perform?
Answer:
A yard or road utility position can perform any work normally permitted of yard or road employees respectively.
Question # 9:
Where shall single assignment positions go on and off duty?
Answer:
Single assignment positions must go on and off duty at the same location.
Question # 10:
Will employees hired on or before December 5, 1991 be run-around on guaranteed extra list?
Answer:
No.
Question # 11:
Will an employee be able to displace to a blanked position which is blanked because an employee is forced to a must-fill position?
Answer:
Only if he is a protected employee and senior to the forced employee.
Question # 12:
Will an assignment be blanked when a trainman takes a personal leave day?
Answer:
The position may be blanked if no employee with a train service seniority date on or before December 5, 1991 is available from the Extra
Board.
Question # 13:
How will conductor positions in the freight pool be assigned?
Answer:
Positions will be assigned to the senior bidder. if no bids are received, the junior conductor on the respective extra board will be assigned.
Question # 14:
Can a senior emergency conductor now be permitted to work as a brakeman in the pool in which a junior man is working regularly as a
conductor?
Answer:
Yes. All assignments regular and extra will be filled by the senior employee properly submitting a bid for the assignment.
QUESTIONS AND ANSWERS
(Applicable to Section 4 - Extra Boards)
Question # 1:
What jobs can be filled from the guaranteed extra board?
Answer:
Any job that normally accrues to that board.
Question # 2:
What vacancies will be filled from the guaranteed extra board, and how will the vacancies be filled?
Answer:
All vacancies (conductor and brakeman) will be filled first-in, first-out.
Question # 3:
How will road conductor vacancies be filled from the extra board?
Answer:
The first-out available conductor will be used.
Question # 4:
How will conductor vacancies at out-lying points be filled if the extra board is exhausted?
Answer:
Present rules require vacancies to be filled by the senior emergency conductor at the Division home terminal, except that if there is an
emergency conductor at the point where the vacancy exists who is senior to all available emergency conductors at the Division home
terminal, he shall be used.
Question # 5:
How will conductor vacancies in the freight pools be filled when the guaranteed extra board is exhausted?
Answer:
Vacancies will continue to be filled in the same manner as described in Q & A No. 4.
Question # 6:
Does "currently" as used in Section 4 B. 5 of this Article mean it will be paid in the following half?
Answer:
Yes.
Question # 7:
If an employee marks off at 11:50 p.m. and marks back up approximately one hour later at 1:00 a.m., how will he be treated for guarantee
purposes and his placement on the Board?
Answer:
Two days lost.
Question # 8:
If an extra employee misses a call for an 11:00 p.m. assignment, how will he be treated for guarantee purposes and his placement on the
Board?
Answer:
He loses a guarantee day (the day of the missed call) and any subsequent days he is not available the entire calendar day or earnings lost, if
greater. He will be marked up at the bottom of the extra list.
Question # 9:
Does the Article change existing starting time rules (or practices) for guaranteed extra boards?
Answer:
No.
Question # 10:
Does this Article change the yard five-day work week?
Answer:
No.
Question # 11:
When a yard assignment is annulled on other than a holiday, for one or more days, can the yardman on the assignment annulled place on an
Extra Board for the day or days and receive a guarantee day or days?
Answer:
Yes.
Question # 12:
How will earnings from paid personal leave days, holiday pay, vacation pay, jury duty, and bereavement leave be treated for the purpose of
calculating Extra Board guarantees?
Answer:
An employee's semi-monthly guarantee will be reduced by one day under Section 4 B for each calendar day such payment is claimed.
QUESTIONS AND ANSWERS
(Applicable to Section 5 - Reserve Boards)
Question # 1:
Will employees be furloughed as a result of this Article?
Answer:
Only employees who would be furloughed under agreements in effect prior to December 5, 1991 could be furloughed.
Question # 2:
Will Reserve Board employees be allowed to utilize payroll deductions to the same extent that active duty employees are allowed to do so?
Answer:
Yes
Question # 3:
May an employee on Reserve Board take vacation?
Answer:
The employee has the option of taking vacation pay in lieu of reserve board pay or saving the vacation until he returns to active service.
Question # 4:
Will Reserve Board employees be credited with days of service for the purpose of qualifying for vacation?
Answer:
Employees will not accrue qualifying days of service while on the Reserve Board. However, time spent on the Reserve Board will count
toward years of continuous service.
Question # 5:
What standards will apply to Reserve Board employees for rules exam and physicals?
Answer:
The same standard or tests that apply to active employees.
Question # 6:
How will reserve board employees, who have made a written request to be used, supplement the guaranteed extra board?
Answer:
They will be placed on the request list in seniority order, and they will be called first-in, first-out. If those Reserve Board employees are not in a
position to receive or accept the call, they will be placed at the bottom of the request list.
Question # 7:
Are employees, who were hired after the October 31, 1985 UTU National Agreement, affected by this agreement when they are assigned to
the Reserve Board and subsequently selected to attend Locomotive Engineer Training?
Answer:
The amended crew consist agreement does not alter or amend LET requirements.
Question # 8:
Is a Reserve Board employee required to keep the Carrier advised of his current address?
Answer:
Yes.
Question # 9:
How will Reserve Board employees be recalled to active service?
Answer:
By certified mail.
Question # 10:
What seniority will an employee use to bid in the Reserve Board?
Answer:
His trainman date for a road Reserve Board and his switchman date for a yard Reserve Board.
Question # 11:
Does unrestricted exercise of seniority under Section 5 E 3. mean that an employee returning from a Reserve Board must displace the junior
employee in the pool or group of runs to which he is exercising seniority.
Answer:
Yes.
Question # 12:
May an employee on a Reserve Board take vacation?
Answer:
The employee has the option of taking vacation pay in lieu of Reserve Board pay or saving the vacation until he returns to active service.
QUESTIONS AND ANSWERS
(Applicable to Section 6 - Special Allowance)
Question # 1:
Will an employee operating conductor only receive the $8.73 ($12.29 for trains over 120 cars) special allowance in addition to the $15.00
special allowance referred to in Section 6?
Answer:
No.
QUESTIONS AND ANSWERS
(Applicable to Section 10 - Permanent Must-Fill Vacancies)
Question # 1:
Will the junior protected employee be notified when a non-protected employee takes (or is forced to) a must-fill position?
Answer:
Yes.
Question # 2:
When must a protected employee elect to exercise his seniority or remain on the Extra Board under this Article?
Answer:
When notified that a non-protected employee has been assigned to a must fill position, the protected employee must exercise seniority within
24 hours or remain on the Extra Board.
Question # 3:
Do protected employees who lose their status as such, due to non-protected employees holding must-fill positions, lose their trip credits
toward the distribution of the Productivity Fund, where applicable, during the period of time they are considered non-protected?
Answer:
No.
QUESTIONS AND ANSWERS
(Applicable to Section 12 - Yardmen's Extra Board)
Question # 1:
Does the wording in Section 12 B, reading "same starting time bracket" mean the time periods referred to in existing starting time rules?
Answer:
Yes.
Question # 2:
Will a time and one-half tour of duty in yard service (other than working on a holiday) be counted as a day against a yardman on the yard Extra
Board under the provisions of Section 12 A?
Answer:
No.
Question # 3:
Does Section 12 A set aside application of schedule rules which require payment at time and one-half?
Answer:
No.
Question # 4:
When a yard assignment is annulled on other than a holiday, for one or more days, can the yardman on the assignment annulled place on an
extra board for the day or days and receive a guarantee day or days?
Answer:
Yes.
QUESTIONS AND ANSWERS
(Applicable to Section 14 - Failure to Report)
Question # 1:
Give some examples of what would constitute "work" as that word is used in the phrase "required to work"?
Answer:
Switching moves, bleeding air and setting hand brakes would be some examples of "work", but it is understood the securing of switch list or
receiving instructions by the yard foreman is not "work" for the purpose of this Article.
QUESTIONS AND ANSWERS
(Applicable to Section 15 - Premature Discontinuance of Duty)
Question # 1:
Do the provisions of Section 15 change in any manner the current policy regarding payment to employees who discontinue duty before the
completion of a tour of duty as a result of an on-duty injury?
Answer:
No.
QUESTIONS AND ANSWERS
(Applicable to Section 16 - Non-Revenue Trains)
Question # 1:
Does this Article change in any manner the Articles pertaining to yard crews operating in combination road-yard service zones?
Answer:
No.
Section 22 - Productivity Fund
A Effective on December 1, 1991, any requirement that Carrier accrue monies to an employee productivity fund as a result of operating
reduced crews is eliminated.
1. The provisions of Paragraph B of this Article below will govern.
B. Conductors and trainmen (foremen/yardmen) in active service as such on November 1, 1991, who have a seniority date in train service
prior to September 1, 1984, will receive two lump sum payments, subject to normal payroll taxes and other usual employee deductions to be
distributed in the following manner.
$20,000 in December of 1991
$40,000 at retirement, death or resignation
NOTE: In the event of an employee's death, the lump sum productivity payment will revert to the employee's estate.
1. As used in Section 22 B, the term "trainmen" includes flagmen and brakemen in road service; the term "yardmen" includes switchmen and
yard helpers in yard service; and the term "conductors" includes conductors in road service and foremen in yard service.
2. "Active service" includes those employees who return to service as trainmen or conductors (foremen/yardmen) from illness, furlough, injury,
suspension or dismissal. The amounts they receive will be equal to the amounts they would have received on the Agreement allocation date.
3. In the event that an employee resigns from Carrier's service prior to the allocation of the lump sum payments to which he is entitled, he will
receive his full entitlement at the time of his executed resignation.
4. No employee will be entitled to receive more than one total payment ($20,000/$40,000) regardless of the number of funds in which he has
seniority to participate on this or any affiliated carrier. Once an employee elects to receive this payment, he will not thereafter be eligible to
receive payments from any other productivity fund from this or any affiliated carrier.
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