UTU Local 1637 Home Page
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.
Case No. A-11471
MEDIATION AGREEMENT
THIS AGREEMENT, made this 31st day of
October, 1985 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:
IT IS HEREBY AGREED:
ARTICLE I - GENERAL WAGE INCREASES
Section 1 - First General Wage Increase
(for other 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
(separate computation covering five-day
rates and other than five-day rates)
Section 2 - Second General Wage Increase
(for other than Dining Car Stewards and Yardmasters)
Effective January 1, 1986, all standard basic daily
rates of pay (excluding cost-of-living allowance) in effect on
December 31, 1985 for employees represented by the United Transportation
Union shall be increased by two (2) percent, computed and applied
for enginemen in the manner prescribed in Section 1 above.
Section 3 - Third General Wage Increase
(for other than Dining Car Stewards and Yardmasters)
Effective July 1, 1986, all standard basic daily
rates of pay (excluding cost-of-living allowance) in effect on
June 30, 1986 for employees represented by the United Transportation
Union shall be increased by one and one-half (1.5) percent, computed
and applied for enginemen ln the manner prescribed in Section
1 above.
Section 4 - Fourth General Wage Increase
(for other than Dining Car Stewards and Yardmasters)
Effective January 1, 1987, all standard basic daily
rates of pay (excluding cost-of-living allowance) in effect on
December 31, 1986 for employees represented by the United Transportation
Union shall be increased by two and one-quarter (2.25) percent,
computed and applied for enginemen in the manner prescribed in
Section 1 above.
Section 5 - Fifth General Wage Increase
(for other than Dining Car Stewards and Yardmasters)
Effective July 1, 1987, all standard basic daily
rates of pay (excluding cost-of-living allowance) in effect on
June 30, 1987 for employees represented by the United Transportation
Union shall be increased by one and one-half (1.5) percent, computed
and applied for enginemen in the manner prescribed in Section
1 above.
Section 6 - Sixth General Wage Increase
(for other than Dining Car Stewards and Yardmasters)
Effective January 1, 1988, all standard basic daily
rates of pay (excluding cost-of-living allowance) in effect on
December 31, 1987 for employees represented by the United Transportation
Union shall be increased by two and one-quarter (2.25) percent,
computed and applied for enginemen in the manner prescribed in
Section 1 above.
Section 7 - Standard Rates
(for other than Dining car Stewards and Yardmasters)
The standard basic daily rates of pay (excluding
cost-of living allowance) produced by application of the increases
provided for in this Article are set forth in Appendix 1, which
is a part of this Agreement.
Section 8 - Application of Wage Increases
ARTICLE II - COST-OF-LIVING ADJUSTMENTS
Section I - Amount and Effective Dates of Cost-of-Living
Adjustments
Measurement Periods Effective Date
Base
Month Measurement Month of Adjustment
September 1984 March 1985 November 1,
1985
March 1985 September 1985 January 1,
1986
September 1985 March 1986 July 1, 1986
March 1986 September 1986 January 1,
1987
September 1986 March 1987 July 1, 1987
March 1987 September 1987 January 1,
1988
Effective Date Maximum C.P.I. Increase
of
Adjustment Which May Be Taken
into Account
November 1, 1985 4% of September 1984
CPI
January 1, 1986 8% of September 1984
CPI, less
the increase from September
1984 to March 1985
July 1, 1986 4% of September 1985 CPI
January 1, 1987 8% of September 1985
CPI, less
the increase from September
1985 to March 1986
July 1, 1987 4% of September 1986 CPI
January 1, 1988 8~ of September 1986
CPI, less the
increase from September 1986 to
March 1987
(ii) If the increase in the BLS Consumer Price Index
from exceeds 4% of the September base index, the measurement month
of March 1985, exceeds 4% of the September base index, the measurement
period which will be used for determining the cost-of-living adjustment
to be effective the following January will be the twelve-month
period from such base month of September; 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 September
base index, and the maximum increase in that portion of the index
which may be taken into account will be 8% of such September 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 (f) below in calculation of the cost-of-living
adjustment which will have become effective July 1 during such
measurement period.
Section 2 - Application of Cost-of-Living Adjustments
In application of the cost-of-living adjustments
provided for by Section 1 of this Article II, the cost-of-living
allowance will not become part of basic rates of pay except as
provided in Section 1(d). Such allowance will be applied as follows:
ARTICLE III - LUMP SUM PAYMENT
A lump sum payment, calculated as described below,
will be paid to each employee subject to this Agreement who established
an employment relationship prior to the date of this Agreement
and has retained that relationship or has retired or died.
Employees with 2,150 or more straight time hours
paid for (not including any such hours reported to the Interstate
Commerce Commission as constructive allowances except vacations
and holidays) during the period July 1, 1984 through July 31,
1985 will be paid $565.00. Those employees with fewer straight
time hours paid for will be paid an amount derived by multiplying
$565.00 by the number of straight time hours (including vacations
and holidays, as described above) paid for during that period
divided by 2,150.
ARTICLE IV - PAY RULES
Section 1 - Mileage Rates
this provision.
Section 2 - Miles in Basic Day and Overtime Divisor
Through Freight Service Through Passenger
of Change
Miles in Basic Overtime Miles in Basic
Overtime
Day Divisor Day* Divisor
(Effective Date of Change)
November 1, 1985
102 12.75 153-102 20.4
July 1, 1986
104 13.0 156-104 20.8
July 1, 1987
106 13.25 159-106 21.2
June 30, 1988
108 13.5 162-108 21.6
- The higher mileage numbers apply to conductors
and brakemen and the lower mileage numbers apply to engineers
and firemen.
Section 3 - Conversion to Local Rate
When employees in through freight service become
entitled to the local rate of pay under applicable conversion
rules, the daily local freight differential (56¢) for conductors
and engineers and 43¢ for brakemen and firemen under national
agreements) will be added to their basic daily rate and the combined
rate will be used as the basis for calculating hourly rates, including
overtime. The local freight mileage differential (.56¢ per
mile for conductors and engineers and .43¢ for brakemen and
firemen under national agreements) will be added to the through
freight mileage rates, and miles in excess of the number encompassed
in the basic day in through freight service will be paid at the
combined rate.
Section 4 - Engine Exchange (Including Adding
and Subtracting of Units) And Other Related Arbitraries
Section 5 - Duplicate Time Payments
Section 6 - Rate Progression - New Hires
In any class of service or job classification, rates
of pay, additives, and other applicable elements of compensation
for an employee whose seniority in train or engine service is
established after the date of this Agreement will be 75~ of the
rate for present employees and will increase in increments of
5 percentage points for each year of active service until the
new employee's rate is equal to that of present employees. A year
of active service shall consist of
a period of 365 calendar days in which the employee
performs a total of 80 or more tours of duty.
Section 1 - Computation of Time
In freight service all time, in excess of 60 minutes,
computed from the time engine reaches switch, or signal governing
same, used in entering final terminal yard track where train is
to be left or yarded, until finally relieved from duty, shall
be paid for as final terminal delay; provided, that if a train
is deliberately delayed between the last siding or station and
such switch or signal, the time held at such point will be added
to any time calculated as final terminal delay.
Section 2 - Extension of Time
Where mileage is allowed between the point where
final terminal delay time begins and the point where finally relieved,
each mile so allowed will extend the 60 minute period after which
final terminal delay payment begins by the number of minutes equal
to 60 divided by the applicable overtime divisor (60/12.5 = 4.8;
60/12.75 = 4.7; 60/13 = 4.6; 60/13.25 = 4.5; 60/13.5 = 4.4, etc.).
Section 3 - Payment Computation
All final terminal delay, computed as provided for
in this Article, shall be paid for, on the minute basis, at one-eighth
(1/8th) of the basic daily rate in effect as of October
31, 1985, according to class of service and engine used, in addition
to full mileage of the trip, with the understanding that the actual
time consumed in the performance of service in the final terminal
for which an arbitrary allowance of any kind is paid shall be
deducted from the final terminal time under this Article. The
rate of pay for final terminal delay allowance shall not be subject
to increases of any kind.
After road overtime commences, final terminal delay
shall not apply and road overtime shall be paid until finally
relieved from duty.
NOTE: The phrase relieved from duty as used in this
Article includes time required to make inspection, complete all
necessary reports and/or register off duty.
Section 4 - Multiple Trips
When a tour of duty is composed of a series of trips,
final terminal delay will be computed on only the last trip of
the tour of duty.
Section 5 - Exceptions
This Article shall not apply to pusher, helper, mine
run,
shifter, roustabout, transfer, belt line, work, wreck,
construction, road switcher or district run service. This Article
shall not apply to circus train service where special rates or
allowances are paid for such service.
NOTE: The question as to what particular service
is covered by the designations used in Section 5 shall be determined
on each individual railroad in accordance with the rules and practices
in effect thereon.
Section 6 - Local Freight Service
In local freight service, time consumed in switching
at final terminal shall not be included in the computation of
final terminal delay time.
This Article shall become effective November 1, 1985
except on such carriers as may elect to preserve existing rules
or practices and so notify the authorized employee representatives
on or before such date.
ARTICLE VI - DEADHEADING
Existing rules covering deadheading are revised as
follows:
Section 1 - Payment When Deadheading and Service
Are Combined
Section 2 - Payment For Deadheading Separate From Service
When deadheading is paid for separate and apart from
service:
(a) For Present Employees*
A minimum day, at the basic rate applicable to the
class of service in connection with which deadheading is performed,
shall be allowed for the deadheading, unless actual time consumed
is greater, in which event the latter amount shall be allowed.
(b) For New Employees**
Compensation on a minute basis, at the basic rate
applicable to the class of service in connection with which deadheading
is performed, shall be allowed. However, if service after deadheading
to other than the employee's home terminal does not begin within
16 hours after completion of deadhead, a minimum of a basic day
at such rate will be paid. If deadheading from service at other
than the employee's home terminal does not commence within 16
hours of completion of service, a minimum of a basic day at such
rate will be paid.
A minimum of a basic day also will be allowed where
two separate deadhead trips, the second of which is out of other
than the home terminal, are made with no intervening service performed.
Non-service payments such as held-away-from-home terminal allowance
will count toward the minimum of a basic day provided in this
Section 2(b).
- Employees whose seniority date in a craft covered
by this Agreement precedes the date of this Agreement.
** Employees whose earliest seniority date in a craft
covered by this Agreement is established after the date of this
Agreement.
Section 3 - Application
Deadheading will not be paid where not paid under
existing rules.
- - - - - - - - - -
This Article shall become effective November 1, 1985
except on such carriers as may elect to preserve existing rules
or practices and so notify the authorized employee representatives
on or before such date.
ARTICLE VII - ROAD SWITCHERS ETC.
Section 1 - Reduction ln Work Week
Section 2 - New Road Switcher Agreement
ARTICLE VIII - ROAD, YARD AND INCIDENTAL WORK
Section 1 - Road Crews
Road crews may perform the following work in connection
with their own trains without additional compensation:
Section 2 - Yard Crews
Yard crews may perform the following work outside
of switching limits without additional compensation except as
provided below:
Section 3 - Incidental Work
Section 4 - Construction of Article
Nothing in this Article is intended to restrict any
of the existing rights of a carrier.
- - - - - - - - - -
This Article shall become effective November 1, 1985
except on such carriers as may elect to preserve existing rules
or practices and so notify the authorized employee representatives
on or before such date.
ARTICLE IX - INTERDIVISIONAL SERVICE
NOTE: As used in this Agreement, the term interdivisional
service includes interdivisional, interseniority district, intradivisional
and/or intraseniority district service.
An individual carrier may establish interdivisional
service, in freight or passenger service, subject to the following
procedure.
Section 1 - Notice
An individual carrier seeking to establish interdivisional
service shall give at least twenty days' written notice to the
organization of its desire to establish service, specify the service
it proposes to establish and the conditions, if any, which it
proposes shall govern the establishment of such service.
Section 2 - Conditions
Reasonable and practical conditions shall govern
the establishment of the runs described, including but not limited
to the following:
Note: Suitable transportation includes carrier owned
or provided passenger carrying motor vehicles or taxi, but excludes
other forms of public transportation.
Section 3 - Procedure
Upon the serving of a notice under Section 1, the
parties will discuss the details of operation and working conditions
of the proposed runs during a period of 20 days following the
date of the notice. If they are unable to agree, at the end of
the 20-day period, with respect to runs which do not operate through
a home terminal or home terminals of previously existing runs
which are to be extended, such run or runs will be operated on
a trial basis until completion of the procedures referred to in
Section 4. This trial basis operation will not be applicable to
runs which operate through home terminals.
Section 4 - Arbitration
Section 5 - Existing Interdivisional Service
Interdivisional service in effect on the date of
this Agreement is not affected by this Article.
Section 6 - Construction of Article ~ ~
The foregoing provisions are not intended to impose
restrictions with respect to establishing interdivisional service
where restrictions did not exist prior to the date of this Agreement.
Section 7 - Protection
The provisions of Article XIII of the January 27,
1972 - Agreement shall apply to employees adversely affected by
the application of this Article.
- - - - - - - - - - -
This Article shall become effective November 1, 1985
except on such carriers as may elect to preserve existing rules
or practices and so notify the authorized employee representatives
on or before such date. Article XII of the January 27, 1972 Agreement
shall not apply on any carrier on which this Article becomes effective.
ARTICLE X - CABOOSES
Section 1 - Unit And Intermodal Trains
Section 2 - Run-Through Service
In run-through service, a caboose which meets the
basic minimum standards of the railroad on which lt originated
will be considered as meeting the basic minimum standards of the
other railroad or railroads on which it is operated.
ARTICLE XI - LOCOMOTIVE STANDARDS
In run-through service, a locomotive which meets
the basic minimum standards of the home railroad or section of
the home railroad may be operated on any part of the home railroad
or any other railroad.
ARTICLE XII - TERMINATION OF SENIORITY
The seniority of any employee whose seniority in
train or engine service is established after the date of this
Agreement and who is furloughed for 365 consecutive days will
be terminated if such employee has less than three (3) years of
seniority.
ARTICLE XIII - FIREMEN
The craft or class of firemen (helpers) shall be
eliminated through attrition except to the extent necessary to
provide the source of supply for engineers and for designated
passenger firemen, hostler and hostler helper positions. Trainmen
shall become the source of supply for these positions as hereinafter
provided.
Section 1 - Amendments to Fireman Manning Agreement
of July 19, 1972
Passenger service
Total hours paid for multiplied by the number of
miles encompassed in a minimum day divided by the
,
number of hours encompassed in a minimum day.
Freight Service
Total hours paid for plus one-half overtime hours,
multiplied by the number of miles encompassed in
a ,
Yard service
Total hours paid for plus one-half overtime hours,
!
divided by 8.
The results thus obtained shall be divided
by the maximum applicable regulating factor as provided in paragraph
(a) of this Section 3. The sum of employees thus determined will
be increased by 10% to cover vacations and layoffs.
NOTE: As used in this paragraph, the
term 'total hours paid for' includes all straight time hours paid
for including hours paid for while working during scheduled vacation
periods and the basic day's paid for holidays as such, all overtime
hours paid for including overtime paid for working on holidays,
and the hourly equivalent of arbitraries and special allowances
provided for in the schedule agreements. The term does not include
the hourly equivalent of vacation allowances or allowances in
lieu of vacations, or payments arising out of violations of the
schedule agreement."
The exercise of seniority under this Article will
be subject to the advertisement, bidding, assignment, displacement
and mileage rules on the individual carriers.
NOTE: As to any carrier not subject to the National
Diesel Agreement of 1950 on January 24, 1964, the term 'the rules
in effect on January 24, 1964 respecting assignments (other than
hostling assignments) to be manned by firemen (helpers)' shall
be substituted in this Article for the term 'the National Diesel
Agreement of 1950.''
Section 1.5 - Firemen (helpers) whose seniority as
such is established on or after November 1, 1985 will have the
right to exercise seniority limited to designated positions of
passenger fireman, hostler or hostler helper. The seniority rights
of such firemen are subject to the following exceptions:
This will not preclude the carrier from requiring
firemen to maintain proficiency as engineer and familiarity with
operations and territories by working specified assignments.
on an extra list as required in Section
3 above exists -
on their seniority district, subject
to Section 5 of I -
this Article."
"Section 4(b) - Firemen whose seniority
as such is ~; |
established on or after November 1, 1985
may be
furloughed when not utilized pursuant
to Section 1.5 of this Article."
"ARTICLE VIII - RESERVE FIREMEN
The carrier shall have the right to offer 'Reserve
Fireman' status to any number of active firemen, working as such,
with seniority as firemen prior to November 1, 1985 (who are subject
to work as locomotive engineers). Where applied, Reserve Fireman
status shall be granted in seniority order on a seniority district
or home zone basis under the terms listed below:
Health and Welfare Plans
that are applicable to firemen (helpers) ln active service.
Section 2 - Establishing Brakeman Seniority
Section 3 - Retention of Seniority
Section 4 - Promotion
The following principles will govern in the selection
and promotion to engine service and conductor/foreman:
Section 5 - Application
Any conflict between the changes set forth herein
and the provisions of the July 19, 1972 Manning Agreement, as
revised, shall be resolved in accordance with the provisions of
this Agreement.
ARTICLE XIV - EXPENSES AWAY FROM HOME
Effective November 1, 1985, the meal allowance provided
for in Article II, Section 2 of the June 25, 1964 National Agreement,
as amended, is increased from $3.85 to $4.15.
ARTICLE XV - BENEFITS PROVIDED UNDER THE RAILROAD
EMPLOYEES NATIONAL
HEALTH AND WELFARE PLAN
Section I - Continuation of Plan
Except as provided in this Article, the benefits
and other provisions under the Railroad Employees National Health
and Welfare Plan will be continued. 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 GA-23000, 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.
Section 2 - Benefit Changes
The following changes in benefits provided under
the Plan and in matters related to such benefits will be made:
Section 3 - Special Committee
ARTICLE XVI - JOINT INTERPRETATION COMMITTEE
Disputes arising over the application or interpretation
of this agreement will, in the absence of a contrary provision,
be referred to a Joint Interpretation Committee consisting
of an equal number of representatives of both parties.
If the Committee is unable to resolve a dispute,
it may consider submitting the dispute to arbitration on
a national basis for the purpose of ensuring a uniform
application of the provisions of this Agreement.