Notice! This document is for the information of UTU members. If there is any discrepancy between this version of our collective agreement and the current printed version issued to our members the printed version will be considered correct.
THIS AGREEMENT, made this 15th day of October, 1982 by and between the participating carriers listed in Exhibit A, attached hereto and made a part hereof, and represented by the National Carriers' Conference Committee, and the employees of such carriers shown thereon and represented by the United Transportation Union, witnesseth:
Section 1 First General Wage Increase (for others than Dining Car Stewards and Yardmasters)
Passenger 600,000 and less than 650,000 pounds
Freight 950,000 and less than 1,000,000 pounds
(through freight rates)
Yard Engineers Less than 500,000 pounds
Yard Firemen Less than 500,000 pounds
effect on September 30, 1981 will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase are set forth in Appendix 2, which is a part of this Agreement.
Section 3 Third General Wage Increase (for others than Dining Car Stewards and Yardmasters)
Effective July 1, 1982, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on June 30, 1982, shall be increased by an amount equal to 3 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The costofliving allowance of $1.25 per hour in effect on June 30, 1982 will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase are set forth in Appendix 3, which is a part of this Agreement.
Section 4 Fourth General Wage Increase (for others than Dining Car Stewards and Yardmasters)
Effective July 1, 1983, all standard basic daily and mileage rates of pay of employees represented by the United Transportation Union in effect on June 30, 1983, shall be increased by an amount equal to 3 percent, computed and applied for enginemen in the manner prescribed in Section 1 above. The amount of the costofliving allowance which will be in effect on June 30, 1983 will not be included with basic rates in computing the amount of this increase. The standard basic daily and mileage rates of pay produced by application of this increase are set forth in Appendix 4, which is a part of this Agreement.
Effective April 1, 1981 all basic monthly rates of pay of dining car stewards and yardmasters represented by the United Transportation Union in effect on March 31, 1981 shall be increased by 2 percent. The costofliving allowance of 58¢ per hour in effect on March 31, 1981 will not be included with basic rates in computing the amount of this increase.
The rates produced by such increase shall be further increased as follows:
Effective October 1, 1981 - 3%
Effective July 1, 1982 - 3%
Effective July 1, 1983 - 3%
Rates of pay resulting from the increases provided
for in this Section 6, and Section 1(g) of Article II, will not
be reduced under Article II.
Measurement Periods Effective Date
Base Month Measurement Month of Adjustment
(1) (2) (3)
March 1982 September 1982 January 1, 1983
September 1982 March 1983 July 1, 1983
March 1983 September 1983 January 1, 1984
Effective Date Maximum C.P.I. Increase
of Adjustment Which May Be Taken into Account
January 1, 1983 4% of March 1982 CPI
July 1, 1983 8% of March 1982 CPI, less the increase from March,
1982 to September, 1982.
January 1, 1984 4% of March 1983 CPI
(ii) If the increase in the BLS Consumer Price Index from the base month of March 1982 to the measurement month of September 1982, exceeds 4% of the March base index, the measurement period which will be used for determining the costofliving adjustment to be effective the following July I will be the twelvemonth period from such base month of March; the increase in the index which will be taken into account will be limited to that portion of increase which is in excess of 4% of such March base index, and the maximum increase in that portion of the index which may be taken into account will be 8% of such March base index less the 4% mentioned in the preceding clause, to which will be added any residual
tenths of points which had been dropped under paragraph (i) below in calculation of the costofliving adjustment which will have become effective January 1 during such measurement period.
The same procedure will be followed in applying subsequent adjustments.
In application of the costofliving adjustments provided for by Section 1 of this Article II, the costofliving allowance will not become part of basic rates of pay except as provided in Section 1(g). Such allowance will be applied as follows:
Insofar as applicable to employees represented by the United Transportation Union, the Vacation Agreement dated April 29, 1949, as amended, is further amended effective January 1, 1982, by substituting the following Section 1©, 1(d) and 1(h) for the corresponding provisions contained in Section 1, as previously amended:
© Effective January 1, 1982, each employee, subject to the scope of schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement, having eight or more years of continuous service with employing carrier will be qualified for an annual vacation of three weeks with pay, or pay in lieu thereof, if during the preceding calendar year the employee renders service under schedule agreements held by the organizations signatory to the April 29, 1949 Vacation Agreement amounting to one hundred sixty (160) basic days in miles or hours paid for as provided in individual schedules and during the said eight or more years of continuous service renders service of not less than one thousand two hundred and eighty (1280) basic days in miles or hours paid for as provided in individual schedules.
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1© each basic day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE below.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1© each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)
basic days in miles or hours paid for as provided in individual schedules and during the said seventeen or more years of continuous service renders service of not less than two thousand seven hundred and twenty (2720) basic days in miles or hours paid for as provided in individual schedules.
Beginning with the effective date of the provisions of Article 3 of Agreement "A" dated September 25, 1950, May 25, 1951 or May 23, 1952, on an individual carrier, but not earlier than the year 1960, in the application of this Section 1(d) each basis day in yard service performed by a yard service employee or by an employee having interchangeable road and yard rights shall be computed as 1.6 days, and each basic day in all other services shall be computed as 1.3 days, for purposes of determining qualifications for vacations. (This is the equivalent of 100 qualifying days in a calendar year in yard service and 120 qualifying days in a calendar year in road service.) (See NOTE below.)
Beginning with the year 1960 on all other carriers, in the application of this Section 1(d) each basic day in all classes of service shall be computed as 1.3 days for purposes of determining qualifications for vacation. (This is the equivalent of 120 qualifying days.) (See NOTE below.)
(The NOTE referred to in Sections 1(e) and 1(d) above reads as follows:
"NOTE: In the application of Section 1(a), (b), ©, (d)
and (e), qualifying years accumulated, also qualifying requirements
for years accumulated, prior to the effective date of the respective
provisions hereof, for extended vacations shall not be changed.")
(h) Where an employee is discharged from service and thereafter
restored to service during the same calendar year with seniority
unimpaired, service performed prior to discharge and subsequent
to reinstatement during that year shall be included in the determination
of qualification for vacation during the following year.
Where an employee is discharged from service and
thereafter restored to service with seniority unimpaired, service
before and after such discharge and restoration shall be included
in computing three hundred twenty (320) basic days under Section
1(b), one thousand two hundred and eighty (1280) basic days under
Section 1©, two thousand seven hundred and twenty (2720)
basic days under Section 1(d), and four thousand (4000) basic
days under Section 1(e).
Effective January 1, 1983, the national holiday provisions will be revised to add the day after Thanksgiving Day and to substitute New Year's Eve (the day before New Year's Day is observed) for Veterans Day.
The holiday pay qualifications for Christmas Eve Christmas shall also be applicable to the Thanksgiving Day day after Thanksgiving Day and the New Year's Eve New 'Year's Day holidays.
Section 1. Continuation of Plan
The benefits now provided under The Railroad Employees National Health and Welfare Plan, modified as provided below, will be continued subject to the provisions of the Railway Labor Act, as amended. Contributions to the Plan will be offset by the expeditious use of such amounts as may at any time be in Special Account A or in one or more special accounts or funds maintained by the insurer in connection with Group Policy Contract GA23000, and by the use of funds held in trust that are not otherwise needed to pay claims, premiums or administrative expenses which are payable from trust. Detailed contract language effectuating all changes in the Plan called for by this Agreement will be worked out by the joint Policyholder Committee with the insurer.
Section 2. Benefit Changes
The following benefit changes will be made effective on the first day of the month after the month in which this Agreement becomes effective:
1. Breast Surgery 7. Gall Bladder Operations
2. Bunion Surgery 8. Knee Surgery
3. Cataract Surgery 9. Prostate Operations
4. Hemorrhoid Operations 10. Rhinoplasty
5. Hernia Repairs 11. Tonsillectomy & Adenoidectomy
6. Hysterectomy 12. Varicose Vein Operations
Section 3. Eligibility
The provision under which a new employee becomes a Qualifying Employee, and may become covered and eligible for benefits, on the first day of the first calendar month starting after such employee has completed 60 continuous days during which he has maintained an employment relationship, will be changed to provide that a new employee (employed on or after the first day of the calendar month following the month in which this agreement is executed) will become a Qualifying Employee on the first day of the first calendar month starting after the day on which such employee first performs compensated service; provided, however, that no employee or dependent health benefits described in Article VII of Group Policy Contract GA23000, other than the major medical benefits described in Part J thereof, will be payable to or on behalf of an employee until the expiration of twelve months after the month during which he first performs compensated service.
Section 4. Coverage for Dependents Health Benefits
If an employee is covered immediately prior to his death with respect to an eligible dependent's health benefits described in Article VII of Group Policy Contract GA23000, such coverage will continue with respect to those benefits until the end of the fourth month following the month in which the employee's death occurred.
Section 5. Suspended and Dismissed Employees
An employee who is suspended or dismissed from service
and is thereafter awarded full back pay for all time lost as a
result of such suspension or dismissal will be covered under the
Plan as if he or she had not been suspended or dismissed in the
first place.
Section 1. Continuation of Plan
The benefits now provided under The Railroad Employees National Dental Plan, modified as provided below, will be continued subject to the provisions of the Railway Labor Act, as amended. Detailed contract language effectuating all changes in the Plan called for by this Agreement will be worked out by the National Carriers' Conference Committee with the insurer.
Section 2. Benefit Changes
The following benefit changes will be made effective on the first day of the month after the month in which this Agreement becomes effective:
Section 1. Continuation of Plan
The benefits now provided under The Railroad Employees National Early Retirement Major Medical Benefit Plan, modified as provided below, will be continued subject to the provisions of the Railway Labor Act, as amended. Detailed contract language effectuating all changes in the Plan called for by this Agreement will be worked out by the National Carriers' Conference Committee with the insurer.
Section 2. Benefit Changes
The following benefit change will be made effective on the first day of the month after the month in which this Agreement becomes effective: The maximum amount payable with respect to any retired or disabled employee covered by the Plan or to any eligible dependent of such a retired or disabled employee will be increased from $50,000 to $75,000.
In the event that national health legislation should be enacted, benefits provided under The Railroad Employees National Health and Welfare Plan, The Railroad Employees National Early Retirement Major Medical Benefit Plan, and The Railroad Employees National Dental Plan with respect to a type of expense which is a covered expense under such legislation will be integrated so as to avoid duplication, and the parties will agree upon the disposition of any resulting savings.
Effective December 1, 1982, the meal allowance provided for in Article II, Section 2, of the June 25, 1964 National Agreement, as amended, is increased from $2.75 to $3.85.
Pursuant to the recommendations of Emergency Board No. 195, the elimination of requirements for or affecting the utilization of cabooses, as proposed by the carriers in their notice served on or about February 2, 1981, will be handled on an individual railroad basis in accordance with the following agreed upon procedures and guidelines.
Cabooses may be eliminated from trains or assignments in any or all classes of service by agreement of the parties.
Cabooses in all classes of service other than through
freight service are subject to elimination by agreement or, if
necessary, by Arbitration.
In through freight service, cabooses on all trains are subject to consideration in the negotiation of trains that may be operated without cabooses and there is no limit on the number that can be eliminated by agreement. However, there shall be a 25% limitation on the elimination of cabooses in through freight (including converted through freight) service, except by agreement. If arbitration becomes necessary to achieve the 25 percent of cabooses that may be eliminated in through freight service it shall be handled as hereinafter provided.
Section 1. Procedures
Section 2. Guidelines
The parties to this Agreement adopt the recommendations of Emergency Board No. 195 that the elimination of cabooses should be an ongoing national program and that this program can be most effectively implemented by agreements negotiated on the local properties by the representatives of the carriers and the organization most intimately acquainted with the complexities of individual situations.
In determining whether cabooses are to be eliminated, the following factors shall be considered:
Section 3. Conditions
Pursuant to the guidelines described in Section 2, the following conditions shall be adhered to in an arbitration determination providing for operations without cabooses:
Section 4. Through Freight Service
Section 5. Purchase and Maintenance of Cabooses
In addition to the foregoing, a carrier shall not be required to purchase or place into service any new cabooses. A carrier shall not be required to send cabooses in its existing fleet through existing major overhaul programs nor shall damaged cabooses be required to undergo major repairs. However, all cabooses that remain in use must be properly maintained and serviced.
Section 6. Subsequent Notices
A carrier cannot again seek to eliminate a caboose on a train, run or assignment where the request has been denied in arbitration unless there has been a change in conditions warranting such resubmission. Conversely, where a carrier has eliminated a caboose on a train, run or assignment and the characteristics of that train, run or assignment are subsequently changed in a way that the General Chairman believes cause it to depart from the guidelines, he may propose restoration of the caboose and, if necessary, invoke binding arbitration.
Section 7. Penalty
If a train or yard ground crew has been furnished
a caboose in accordance with existing agreement or practice on
a train or assignment prior to the date of this Agreement and
such train or assignment is operated without a caboose other than
in accordance with the provisions of this Article or other local
agreement or practice, the members of the train or yard ground
crew will be allowed two hours' pay at the minimum basic rate
of the assignment for which called in addition to all other earnings.
Section 8. Restrictions
The foregoing provisions are not intended to impose
restrictions with respect to the elimination of cabooses or in
connection with operations conducted without cabooses where restrictions
did not exist prior to the date of this Agreement.
This Article shall become effective fifteen (15) days after the date of this Agreement.
Section 1. Pursuant to the recommendations of Emergency
Board No. 195 the parties signatory to this Agreement hereby establish
a Study Commission consisting of three partisan members representing
the carriers, three partisan members representing the United Transportation
Union and a neutral member who shall be Chairman. The Chairman
shall be selected by the partisan members within 30 days from
the date of this Agreement. If the partisan members of the Commission
cannot agree on the Chairman within such 30 days, the partisan
members shall request the National Mediation Board to confer with
the members and within 15 days of such request select a Chairman.
Section 2. The Commission is authorized and directed to
investigate and consider in accordance with the recommendations
of Emergency Board No. 195 the subject matters listed below:
Principles and procedures for stabilizing the pay structure of
the operating crafts in response to earnings adjustments arising
from crew consist agreements.
Section 3. The Commission shall promptly establish its
operating procedures, including the formulation of a schedule
designed to expedite and enhance the opportunity to reach agreement
on all issues at the earliest possible date. The Chairman shall
have authority to resolve any differences between the members
with respect to determining the procedures under which it will
operate, scheduling meetings and the priorities for consideration
of the issues. In the event the Chairman is unable to continue
his assignment or the partisan members unanimously concur that
a successor should be appointed, the procedures set forth above
shall be followed in selecting a replacement.
Section 4. In consultation with the members, the Chairman
shall promptly establish a time table for negotiations between
the parties on the issues submitted to the Commission. If, after
90 days from the date such negotiations begin, the parties have
failed to reach agreement or demonstrate evidence of substantial
progress in resolving the issues, the Chairman shall convene hearings
on the matters in dispute and formulate substantive guidelines
to further advance negotiations. The parties shall then negotiate
within these guidelines for a period not to exceed 60 days.
Section 5. If, at the end of such 60 day period, agreement
has not been reached on all issues, the Chairman shall make recommendations
to the parties for disposing of all unresolved issues not later
than December 1, 1983. While the recommendations of the Chairman
shall not be considered final and binding, the parties affirm
their good faith intentions to give, full consideration to ouch
recommendations as a means of resolving such matters.
Section 6. The Study Commission shall terminate, unless
otherwise agreed to by the parties, 30 days from the date the
recommendations have been made.
Section 7. If the parties are unable to resolve all of
the issues covered thereby, either party may serve proposals within
the framework of any such recommendations in accordance with the
Railway Labor Act and the provisions of Article XIII, Section
2© of this Agreement.
In lieu of personal leave days, a lumpsum payment of $200.00 shall be made no later than the first payroll period ending in July, 1983 to employees covered by this Agreement who (a) have had an employment relationship with their employing carrier under the Agreement with the organization signatory hereto as of April 1, 1981, (b) have continued such employment relationship up to December 31, 1982 and © have performed compensated service under such Agreement during the period from April 1, 1981 to December 31, 1982.
There shall be no duplication of lumpsum payments by virtue of employment under an agreement with another organization.
An employee who otherwise meets all of the qualifications outlined above except that he did not have an employment relationship as of the dates specified above because he had been dismissed from service and such employee subsequently is or has been reinstated with seniority unimpaired will be considered eligible to receive the lumpsum payment.
The receipt of the lumpsum payment by an employee
will not be considered a factor in connection with nor trigger
any other benefit or compensation provided by agreement, such
as health and welfare, vacations and guarantees.
Section 1 Court Approval
This Agreement is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.
Section 2 Effect of this Agreement
(1) this Agreement,
and any pending notices which propose such matters are hereby withdrawn.
SIGNED AT WASHINGTON, D.C. THIS 15th DAY OF OCTOBER, 1982.
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES REPRESENTED BY
LISTED IN EXHIBIT A: THE UNITED TRANSPORTATION UNION:
Charles I. Hopkins, Jr. Fred A. Harden
Chairman
C. F. Burch C. F. Christiansen
W. R. Denton G. Thomas DuBose
A. E. Egbers H. G. Kenyon
F. L. Elterman C. E. Wible
P. C. Jordan L. J. Wotaszak
C. E.Mervine, Jr.
T. C. Sheller
R. C. Steele, Jr.
Robert E. Upton
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm our understanding during the negotiations with respect to the provisions of Article X of the October 15, 1982 National Agreement concerning the elimination of cabooses.
It was the intention in referring to the number of cars in a train to avoid disputes, recognizing that the number of cars in a given train varies from day to day and from point to point on the same day as cars are added or set out. The number of cars stated in the Agreement refers to the usual number of cars in the train. As cars are added or subtracted en route it is not intended that there be disputes over the exact number of cars so long as the flexibility to add and subtract cars en route is exercised in line with normal operating practices and does not go beyond the intent of the Agreement or this letter.
It was further understood that the provisions of Article X shall not be cited by either party with respect to any negotiations concerning crew consist.
The purpose of the provision in the Agreement requiring
a carrier to give notice describing the train or type of trains
constituting the assignments on which it intends to eliminate
cabooses is so that the General Chairman (or Chairmen) will be
adequately informed in advance of any discussions with respect
to this matter. Such other details as may be appropriate can,
of course, be developed during such discussions. For example,
we agreed that adequate notice would be one that stated that it
was a carrier's intention to eliminate cabooses on all local freights
operating between two specified points. On the other hand, where
only certain trains in a common territory with other trains are
identified, sufficient information would be given to identify
the types of runs or assignments involved.
Finally, it is understood that the appropriate General Chairmen will be provided on a periodic basis relevant information concerning the number of cabooses the carrier has eliminated. If disputes arise concerning the propriety of the elimination of a caboose from any particular train, run or assignment, the carrier shall provide the information it relied upon in making its decision to eliminate such caboose.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm our discussions during the negotiations of the October 15, 1982 National Agreement concerning the continuation of the Joint Interpretation Committee which was informally established following the execution of the August 25, 1978 National Agreement.
Through utilization of the Joint Interpretation Committee numerous questions concerning the application of that Agreement were resolved and the invocation of formal disputes procedures avoided.
Accordingly, with the view of continuing the success in this regard insofar as disputes involving the 1978 National Agreement are concerned and with the expectation that the same results can be achieved relative to disputes which may arise under the October 15, 1982 National Agreement, the Joint Interpretation Committee previously established shall continue to function through the term of the October 15, 1982 National Agreement and is authorized to consider questions of application of its provisions that may arise for the purpose of providing a uniform application of such provisions.
In particular, the parties have established a procedure
providing for the elimination of cabooses in a goodfaith
effort to follow the recommendations of Emergency Board No. 195.
This procedure envisions a process that will be carried out on
an individual railroad basis in accordance with the guidelines
and procedures established under the National Agreement. In order
that the intent of this provision be fulfilled, the Joint Interpretation
Committee will review and attempt to resolve any issues that may
arise concerning the implementation of this provision.
The Joint Committee shall consist of two representatives appointed by the organization and two representatives appointed by the National Carriers' Conference Committee.
If the above conforms with your understanding, please
indicate by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm our understanding that, for purposes of Article XII of the National Agreement dated October 15, 1982, any employee qualifying for the lumpsum payment shall receive $230.00 if the employee's first service performed on or after January 1, was as a locomotive engineer and the organization signatory hereto represented the craft of locomotive engineers as of that date.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm the understanding reached during
the negotiations of the October 15, 1982 National Agreement that
the Joint LaborManagement Committee on Physical Disqualification
Procedures established pursuant to the provisions of Article XIV
of the August 25, 1978 National Agreement shall be continued through
the term of the October 15, 1982 National Agreement.
Very truly yours,
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm our understanding reached in current negotiations that the moratorium provisions of the Agreement do not preclude the serving of local notices to correct conditions with respect to suitable lodging accommodations as provided in individual agreements; provided, however, that no such local notices will be served for the purpose of changing the amount of allowance being paid in lieu of lodging, nor the qualifying conditions for eligibility for away from home expenses.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This confirms our understanding that to the extent possible employees eligible for an additional week of vacation in 1982 because of the revisions provided for in Article III of this Agreement should be granted such additional vacation prior to the end of this calendar year. However, if the carrier is unable to grant this additional vacation benefit during the balance of this year, such employees shall be paid in lieu of that additional week of vacation.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This confirms our understanding reached during negotiations leading to the October 15, 1982 National Agreement that the carriers' withdrawal of their proposal with respect to entry rates is in recognition of the parties' understanding that the subject of entry rates is covered by the subject matters submitted to the Study Commission established pursuant to Article XI of this Agreement.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This confirms our understanding that the salary and expenses of the Chairman of the Study Commission, as provided for in Article XI, of the October 15, 1982 National Agreement, will be shared equally by the parties. Furthermore, it is agreed that this understanding will not constitute any precedent concerning the payment of neutrals by the parties for any other purpose.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
In accordance with our understanding, this is to confirm that the carriers will make their best efforts to provide the retroactive wage increases in a single, separate check no later than sixty (60) days following ratification.
If a carrier finds it impossible to make the retroactive payments within sixty days, it is understood that such carrier will notify the General Chairmen in writing as to why such payments have not been made and indicate when it will be possible to make such retroactive payments.
It is further understood that such retroactive wage increases are due only to employees who (a) have performed service during the period covered by the retroactive wage increases and (b) have continued their employment relationship up to the date of this Agreement or have in the meantime either retired or died.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This is to confirm our understanding that the provisions of Article XIII of the October 15, 1982 National Agreement are not applicable to pending notices, or new notices which may be served, seeking to adjust compensation with respect to compensation relationships between train crews or firemen and engineers where compensation, regardless of how derived, has been changed for engineers because of a crew consist agreement.
Any organization notice served which meets these conditions may be progressed within, but not beyond, the specific procedures for peacefully resolving disputes which are provided for in the Railway Labor Act, as amended.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
A committee shall be established by the Joint Policyholders consisting of an equal number of organization and carrier representatives for the purpose of continuing exploration of ways to contain or decrease the costs of maintaining the National Health and Welfare Plan without decreasing the benefits or services that the plan provides. In pursuing cost containment measures the committee will be authorized to obtain and/or develop whatever information is necessary in order to determine where the Plan is incurring unnecessary or excessive expenses. The committee shall make such recommendations as it deems appropriate for implementing any of its findings.
The committee is also authorized to investigate and recommend the implementation of new experimental programs on a community or other basis for the purpose of determining whether existing benefits can be provided in ways which may reduce costs to the Plan while at the same time preserving the services currently provided.
In addition, the committee may consider alternatives to the current Joint Policyholder arrangement, and consider submitting the Plan to competitive bidding; and in this process identify insurers that are fit and able to provide the services necessary in connection with the Plan, the selection criteria and the bid specifications.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This confirms our understanding that upon notification of ratification of the tentative national settlement reached today the parties will take such steps as necessary to withdraw without prejudice Civil Action No. 820278, Atchison, Topeka and Santa Fe Railway Company v. United Transportation Union, currently pending before the United States District Court for the District of Columbia.
Please indicate your concurrence by affixing your
signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
NATIONAL RAILWAY LABOR CONFERENCE LETTERHEAD
October 15, 1982
Mr. Fred A. Hardin
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Hardin:
This will confirm our understanding that Article XII of the National Agreement dated October 15, 1982, providing a lumpsum payment in lieu of personal leave days, does not affect any local agreement on the subject of personal leave days.
Please indicate your concurrence by affixing your signature in the space provided below.
Very truly yours,
I concur:
/s/ Fred A. Hardin
EXHIBIT A
RAILROADS REPRESENTED BY THE NATIONAL CARRIERS' C0NFERENCE COMMITTEE IN CONNECTION WITH NOTICES, DATED ON OR ABOUT FEBRUARY 2, 1981, OF DESIRE TO CHANGE EXISTING AGREEMENTS IN ACCORDANCE WITH PROPOSITION IDENTIFIED AS UTU ATTACHMENT 1 (WAGES AND RULES), AND NOTICES, DATED ON OR ABOUT FEBRUARY 2, 1981, OF DESIRE TO CHANGE EXISTING AGREEMENTS IN ACCORDANCE WITH PROPOSITION IDENTIFIED AS UTU ATTACHMENT 2 (HEALTH AND WELFARE), SERVED ON RAILROADS GENERALLY BY THE GENERAL CHAIRMEN, OR OTHER RECOGNIZED REPRESENTATIVES, OF THE UNITED TRANSPORTATION UNION (E), ©, (T) AND/OR (S), AND PROPOSALS SERVED BY THE CARRIERS FOR CONCURRENT HANDLING THEREWITH.
Subject to indicated footnotes, this authorization is coextensive with notices filed and with provisions of current schedule agreements applicable to employees represented by the United Transportation Union (E), ©, (T) and/or (S), as indicated by an "x" in the appropriate column(s) below:
UNITED TRANSPORTATION UNION
RAILROADS (E) © (T) (S)
Akron and Barberton Belt Railroad Company x x
Akron, Canton and Youngstown Railroad Company x x
Alameda Belt Line x x
Alton and Southern Railway x x
Atchison, Topeka and Santa Fe Railway Company x x x
Atlanta & Saint Andrews Bay Railway Company #-x #-x
Belt Railway Company of Chicago x
Bessemer and Lake Erie Railroad @-x @-x
*Boston and Maine Corporation !-x
Brooklyn Eastern District Terminal #-x
Burlington Northern, Inc. x x x x
Butte, Anaconda and Pacific RY x x
Camas Prairie Railroad Company x x x x
Canadian National Railways -
Great Lakes Region, Lines in the United States x
St. Lawrence Region, Lines in the United States x
Canadian Pacific Limited #-x #-x
Central of Georgia Railway Company x x x x
Central Vermont Railway, Inc. #-x #-x
THE CHESSIE SYSTEM
Baltimore and Ohio Railroad Company 2x 3x 4x
Baltimore and Ohio Chicago Terminal Railroad Company x x
Chesapeake and Ohio Railway Company x x x
Chicago South Shore and South Bend Railroad x x
Staten Island Railroad Corporation x
Western Maryland Railway Company x x x
Chicago and Illinois Midland Railway Company x x
Chicago and North Western Transportation Company x x x
Chicago and Western Indiana Railroad Company x x
Chicago, Milwaukee, St. Paul and Pacific Railroad, LE x x x
Chicago Union Station Company x
Chicago, West Pullman and Southern Railroad Company x x
Colorado and Southern Railway Company x x
Columbia and Cowlitz Railway Company x x
Davenport, Rock Island and North Western Railway
Co. x x
PAGE 2 EXHIBIT A
UNITED TRANSPORTATION UNION
RAILROADS (E) © (T) (S)
Denver and Rio Grande Western Railroad Company x x x x
Des Moines Union Railway Company x x
Detroit and Toledo Shore Line Railway Company x x x
Detroit, Toledo and Ironton Railroad Company x x
Duluth, Missabe and Iron Range Railway Company @-x @x @-x
Duluth, Winnipeg and Pacific Railway Company x x
Elgin, Joliet and Eastern Railway Company @-x
THE FAMILY LINES
Seaboard Coast Line Railroad Company x x x
Gainesville Midland Railroad Company #-x
Louisville and Nashville Railroad Company x x x
Clinchfield Railroad Company x x x x
Georgia Railroad x x
Atlanta and West Point Railroad Company x x
The Western Railway of Alabama x x
Atlanta Joint Terminals x
Fort Worth and Denver Railway Company x x
Galveston, Houston and Henderson Railroad Company x x
Grand Trunk Western Railroad Company x x
Green Bay and Western Railroad Company @-x @-x
Houston Belt and Terminal Railway Company x
Illinois Central Gulf Railroad x x x
Illinois Terminal Railroad Company x x
Joint Texas Division of CRI&PFW&D Railway Company x x x
Kansas City Southern Railway Company x x
Kansas City Terminal Railway Company x x x
Kentucky and Indiana Terminal Railroad Company x x
Lake Erie, Franklin & Clarion Railroad Company #-x #-x
Lake Superior Terminal and Transfer Railway Company x x
Lake Terminal Railroad Company @-1-x @-1-x
Longview, Portland and Northern Railway Company x
Los Angeles Junction Railway Company x x
Louisiana and Arkansas Railway Company 5-x x x
Maine Central Railroad Company x x x
Portland Terminal Company x x
Manufacturers Railway Company x x
McKeesport Connecting Railroad Company @-x
Meridian & Bigbee Railroad Company #-x #-x
Minneapolis, Northfield and Southern Railway, Inc. x x
Minnesota, Dakota and Western Railway Company #x #-x
Minnesota Transfer Railway Company x x
Mississippi Export Railroad Company #x #-x
MissouriKansasTexas Railroad Company x x x
Missouri Pacific Railroad Company x x x x
Monongahela Railway Company x x
Montour Railroad Company x x
Newburgh and South Shore Railway Company @-1-x @-1-x
New Orleans Public Belt Railroad Company x x
New York Dock Railway #-x
PAGE 3 EXHIBIT A
UNITED TRANSPORTATION UNION
RAILROADS (E) © (T) (S)
Norfolk and Portsmouth Belt Line Railroad Company x
Norfolk and Western Railway Company x x x
Northwestern Pacific Railroad Company x x
Oakland Terminal Railway x
Ogden Union Railway and Depot Company x
Peoria and Pekin Union Railway Company x x
Pittsburgh & Shawmut Railroad Company x x
Pittsburgh and Lake Erie Railroad Company x
Pittsburgh Chartiers & Youghiogheny Railway Company x x
Portland Terminal Railroad Company x
Port Terminal Railroad Association x x
Richmond, Fredericksburg and Potomac Railroad Company 6-x 6-x
St. Joseph Terminal Railroad x x x
St. Louis Southwestern Railway Company x
Soo Line Railroad Company x x x
Southern Pacific Transportation Company -
Western Lines 7x x x 8x
Eastern Lines x x x x
Southern Railway Company x x x
Alabama Great Southern Railroad x x x x
Cincinnati, New Orleans and Texas
Pacific Railway Company x x x
Georgia Southern and Florida Railway Company x x x
New Orleans Terminal Company x x
St. Johns River Terminal Company x x
East St. Louis Terminal Company x x
Spokane International Railroad Company x x x
Terminal RR Association of St. Louis x x
Texas Mexican Railway Company x x
Toledo, Peoria and Western Railroad Company x x
Toledo Terminal Railroad Company x
Union Pacific Railroad Company x x x
Walla Walla Valley Railway Company x
Waterloo Railroad Company x
Western Pacific Railroad Company x x x
Wichita Terminal Association x x
Yakima Valley Transportation Company x
Youngstown and Southern Railroad x
Youngstown and Southern Railway x
NOTES:
* - Subject to approval of the Courts.
# Authorization excludes negotiation of the organization's notice dated
February 2, 1981 of desire to change existing agreements to the extent
indicated in Attachment I thereto, and such proposals as were served by
the carrier for concurrent handling therewith.
Page 4 EXHIBIT A
NOTES:
@ Authorization excludes negotiation of the organization's notice dated
February 2, 1981 of desire to change existing agreements to the extent
indicated in Attachment 2 thereto, and such proposals as were served by
the carrier for concurrent handling therewith.
! Authorization covering Attachment 1 of the organization's notice dated
February 2, 1981 and the carrier proposals is qualified to the extent they
are prohibited by Arbitration Award No. 387.
1 Authorization excludes negotiation of Item IX Early Retirement Major
Medical Expense Benefit of Attachment 1 served by the organization on
February 2, 1981.
2 Authorization also covers former BR&P Territory, former Strouds Creek &
Muddlety Territory and Curtis Bay Railroad.
3 Authorization also covers former BR&P Territory and former Strouds Creek &
Muddlety Territory.
4 Authorization also covers former BR&P
Territory and Curtis Bay Railroad.
5 Authorization excludes Hostlers at Deramus
Yard, Louisiana.
6 Authorization excludes negotiation of Item VI Personal Leave of
Attachment 1 served by the organization on February 2, 1981.
7 Authorization also includes the former El Paso and Southwestern System and
Nogales, Arizona, Yard.
8 Authorization also includes the former El
Paso and Southwestern System.
FOR FOR THE
THE CARRIERS: UNITED TRANSPORTATION UNION:
/s/ C. I. Hopkins, Jr. /s/ Fred A. Hardin
Washington, D.C.
September 15, 1982