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.
APPENDIX D
Document "A"
IT IS HEREBY AGREED:
ARTICLE I - WAGES
Section 1 - First General Wage Increase (for other
than Dining Car Stewards)
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 - Signing Bonus
On the date of this Agreement, each employee will
be paid a signing bonus of one (1) percent of the employee's compensation
for 1994, including pay for miles run in excess of the number
of miles comprising a basic day ("overmiles") but excluding
pay elements not subject to general wage increases under Section
8 of this Article and lump sums.
Section 3 - First Lump Sum Payment
On July 1, 1996, each employee will be paid a lump
sum equal to the excess of (i) three (3) percent of the employee's
compensation for 1995, including pay for overmiles but excluding
pay elements not subject to general wage increases under Section
8 of this Article and lump sums, over (ii) the lesser of (x) one-half
of the amount described in clause (i) above and (y) two times
one-quarter of the amount, if any, by which the carriers' payment
rate for 1996 for foreign-to-occupation health benefits under
The Railroad Employees National Health and Welfare Plan (Plan)
exceeds such payment rate for 1995.
Section 4 - Second General Wage Increase (for other
than Dining Car Stewards)
Effective July 1, 1997, all standard basic daily
rates of pay in effect on June 30, 1997 for employees represented
by the United Transportation Union shall be increased by three-and-one-half
(3-1/2) percent, computed and applied in the same manner prescribed
in Section 1 above.
Section 5 - Second Lump Sum Payment
On July 1, 1998, each employee will be paid a lump
sum equal to the excess of (i) three-and-one-half (3-1/2) percent
of the employee's compensation for 1997, including pay for overmiles
but excluding pay elements not subject to general wage increases
under Section 8 of this Article and lump sums, over (ii) the lesser
of (x) one-half of the amount described in clause (i) above and
(y) one-and-one-half times one-quarter of the amount, if any,
by which the carriers' payment rate for 1998 for foreign-to-occupation
health benefits under the Plan exceeds such payment rate for 1995.
Section 6 - Third General Wage Increase (for other
than Dining Car Stewards)
Effective July 1, 1999, all standard basic daily
rates of pay in effect on June 30, 1999 for employees represented
by the United Transportation Union shall be increased by three-and-one-half
(3-1/2) percent, computed and applied in the same manner prescribed
in Section 1 above.
Section 7 - Standard Rates
The standard basic daily rates of pay 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
Section 9 - General Wage Increases for Dining Car Stewards
Section 10 - Definitions
The carriers' payment rate for any year for foreign-to-occupation
health benefits under the Plan shall mean twelve (12) times the
payment made by the carriers to the Plan per month (in such year)
per employee who is fully covered for employee health benefits
under the Plan. Carrier payments to the Plan for these purposes
shall not include the amounts per such employee per month (in
such year) taken from the Special Account, or from any other special
account, fund or trust maintained in connection with the Plan,
to pay or provide for current Plan benefits, or any amounts paid
by remaining carriers to make up the unpaid contributions of terminating
carriers pursuant to Article III, Part A, Section 1, of the UTU
Implementing Document of November 1, 1991, Document A.
Section 11 - Eligibility for Receipt of Signing
Bonus, Lump Sum Payments
The signing bonus and lump sum payments provided
for in this Article will be paid to each employee subject to this
Agreement who has an employment relationship as of the date such
payments are payable, or has retired or died subsequent to the
beginning of the applicable calendar year used to determine the
amount of such payment. There shall be no duplication of the signing
bonus or lump sum payments by virtue of employment under another
agreement nor will such payments be used to offset, construct
or increase guarantees in protective agreements or arrangements.
Section 12 - Calculation of Vacation Pay
The signing bonus and lump sum payments provided
for in Sections 2, 3 and 5 of this Article will be included in
the earnings of an employee in the determination of vacation allowances
due in the year subsequent to their payment.
ARTICLE II - COST-OF-LIVING PAYMENTS
Part A - Cost-of-Living Payments Under National
Implementing Document Dated November 7, 1991
The nine-cent cost-of-living allowance in effect
beginning July 1, 1995 pursuant to Article II, Part B of the UTU
Implementing Document of November 1, 1991, Document A, shall be
rolled in to basic rates of pay on November 30, 1995 and such
Article II, Part B shall be eliminated at that time. Any amounts
paid from January 1, 1996 under the aforementioned COLA provision
(effective January 1, 1996) shall be deducted from amounts payable
under Article I of this Agreement.
Part B - Cost-of-Living Allowance Through January
1, 2000 and Effective Date of Adjustment
Measurement Periods
Effective Date
Base Month
Measurement Month of Adjustment
March 1995 March 1996
plus
March 1997 March 1998 Dec. 31, 1999
The number of points change in the CPI during each
of these measurement periods shall be added together before making
the calculation described in Part C, Section 1(e) of this Article.
©(i) Floor. The minimum increase in the
CPI that shall be taken into account shall be as follows:
Effective Date
Minimum CPI Increase That of Adjustment Shall
Be Taken Into Account
Dec. 31, 1999 4% of March 1995 CPI
(ii) Cap. The maximum increase in the CPI
that shall be taken into account shall be as follows:
Effective Date
Maximum CPI Increase of Adjustment That Shall
Be Taken Into Account
Dec. 31, 1999 6% of March 1995 CPI
Measurement Periods
Effective Date
Base Month
Measurement Month of Adjustment
September 1999 March 2000 July 1, 2000
March 2000 September 2000 January 1,
2001
Measurement Periods and Effective Dates conforming
to the above schedule shall be applicable to periods subsequent
to those specified above during which this Article is in effect.
(d)(i) Cap. In calculations under paragraph
(e), the maximum increase in the CPI that shall be taken into
account shall be as follows:
Effective Date
Maximum CPI Increase That of Adjustment May Be
Taken Into Account
July 1, 2000 3% of September 1999 CPI
January 1, 2001 6% of September 1999
CPI, less the increase from September 1999 to March 2000
Effective Dates of Adjustment and Maximum CPI Increases
conforming to the above schedule shall be applicable to periods
subsequent to those specified above during which this Article
is in effect.
(ii) Limitation. In calculations under paragraph
(e), only fifty (50) percent of the increase in the CPI in any
measurement period shall be considered.
Section 2 - Payment of Cost-of-Living Allowances
Section 3 - Application of Cost-of-Living Allowances
The cost-of-living allowance provided for by Section
1 of this Part C will not become part of basic rates of pay. Such
allowance will be applied as follows:
Section 4 - Continuation of Part C
The arrangements set forth in Part C of this Article
shall remain in effect according to the terms thereof until revised
by the parties pursuant to the Railway Labor Act.
ARTICLE III - DENTAL BENEFITS
Section 1 - Continuation of Plan
The benefits now provided under the Railroad Employees
National Dental Plan (Dental Plan), modified as provided in Section
2 below, will be continued subject to the provisions of the Railway
Labor Act, as amended.
Section 2 - Eligibility
Existing eligibility requirements under the Dental
Plan are amended, effective June 1, 1996, to provide that in order
for an employee and his eligible dependents to be covered for
Covered Dental Expenses (as defined in the Dental Plan) during
any calendar month by virtue of rendering compensated service
or receiving vacation pay in the immediately preceding calendar
month (the "qualifying month"), such employee must have
rendered compensated service on, or received vacation pay for,
an aggregate of at least seven (7) calendar days during the applicable
qualifying month. Any calendar day on which an employee assigned
to an extra list is available for service but does not perform
service shall be deemed a day of compensated service solely for
purposes of this Section. Existing Dental Plan provisions pertaining
to eligibility for and termination of coverage not specifically
amended by this Section shall continue in effect.
Section 3 - Benefit Changes
The following changes will be made effective as of
January 1, 1999.
ARTICLE IV - VISION CARE
Section 1 - Establishment and Effective Date
The railroads will establish a Vision Care Plan to
provide specified vision care benefits to employees and their
dependents, to become effective January 1, 1999 and to continue
thereafter subject to provisions of the Railway Labor Act, as
amended, according to the following provisions:
Plan Benefit
|
In-Network
|
Other Than
In-Network
|
One vision examination per 12-month period.
|
100% of reasonable and customary charges
|
100% of reasonable and customary charges up to a $35 maximum
|
One set of frames of any kind per 24-month period
|
100% of reasonable and customary charges
|
100% of reasonable and customary charges up to a $35 maximum
|
One set of two lenses of any kind, including contact lenses, per 24-month period.
|
100% of reasonable and customary charges
|
100% of reasonable and customary charges up to the following maximums:
up to $25 for single vision lenses
up to $40 for bifocals
up to $55 for trifocals
up to $80 for lenticulars
up to $210 for medically necessary contact lenses
up to $105 for contact lenses that are not medically necessary
|
Where the employee or dependent requires only one lens
|
100% of reasonable and customary charges 2/
|
100% of reasonable and customary charges up to a maximum of one-half of the maximum benefit payable for a set of two lenses of the same kind
|
Section 2 - Administration
The Vision Care Plan will be administered by the National Carriers'
Conference Committee, which will bear the same responsibilities
and perform the same functions as it does with respect to The
Railroad Employees National Dental Plan, including the development
of detailed plan language describing the Plan's eligibility, coverage,
benefit and other provisions.
ARTICLE V - BENEFITS ELIGIBILITY
Section 1 - Health and Welfare Plan
The Railroad Employees National Health and Welfare
Plan ("the Plan") is amended, effective June 1, 1996,
as provided in this Section. In order for an Eligible Employee
(as defined by the Plan) to continue to be covered by the Plan
during any calendar month by virtue of rendering compensated service
or receiving vacation pay in the immediately preceding calendar
month (the "qualifying month"), such employee must have
rendered compensated service on, or received vacation pay for,
an aggregate of at least seven (7) calendar days during the applicable
qualifying month. Any calendar day on which an employee assigned
to an extra list is available for service but does not perform
service shall be deemed a day of compensated service solely for
purposes of this Section. Existing Plan provisions pertaining
to eligibility for and termination of coverage not specifically
amended by this Section shall continue in effect.
Section 2 - Vacation Benefits
Existing rules governing vacations are amended as
follows effective January 1, 1997:
Section 3
This Article is not intended to restrict any of the
existing rights of a carrier except as specifically provided herein.
ARTICLE VI - FLOWBACK
Section 1
Upon written request of the organization's authorized
representative(s), the carrier shall meet to discuss establishment
of a procedure under which any employee who holds train service
seniority and is holding a regularly assigned position as a locomotive
engineer may exercise his train service seniority rights. Any
such procedures that are established shall be on an individual
railroad basis and shall be in accordance with the guidelines
set forth in Section 2.
Section 2
Section 3
Section 4
This Article shall become effective June 1, 1996
and is not intended to restrict any of the existing rights of
a carrier except as specifically provided herein.
ARTICLE VII - ENHANCED EMPLOYMENT OPPORTUNITIES
Section 1
In the event that a carrier sells or leases its interest
in one or more rail lines to a non-carrier pursuant to a transaction
authorized under 49 U.S.C. §10901 (or any successor provision)
as to which labor protective conditions have not been imposed
by any governmental authority, any employee represented by the
organization signatory hereto who (i) as a result of that transaction
is deprived of employment with the carrier because of the abolition
of his position, and (ii) does not accept employment with the
purchaser shall be entitled to the benefits set forth in Section
2.
Section 2
Section 3
In the case of any transaction authorized under 49
U.S.C. §10901 (or any successor provision), the arrangements
provided for under this Article shall be deemed to fulfill all
of the parties' bargaining obligations that may exist under any
applicable statute, agreement or other authority with respect
to such transaction, and shall also be deemed to satisfy the standards
for the protection of the interests of employees who may be affected
by such transaction described in 49 U.S.C. §10901(e).
Section 4
This Article shall become effective June 1, 1996
and is not intended to restrict any of the existing rights of
a carrier except as specifically provided herein.
ARTICLE VIII - RATE PROGRESSION ADJUSTMENT FOR PROMOTION
Section 1
Section 2
Local rate progression rules applicable on a carrier
that is not covered by the aforementioned Article IV, Section
5 are hereby amended in the same manner as provided in Section
1.
Section 3
This Article shall become effective June 1, 1996
and is not intended to restrict any of the existing rights of
a carrier except as specifically provided herein.
ARTICLE IX - SENIORITY ACCUMULATION
Section 1
Section 2
On any carrier on which there are arrangements between
the carrier and the UTU on the date of this Agreement that require
train service employees to pay full monthly dues to the UTU to
accumulate additional seniority as conductor, trainman, hostler
or hostler helper while working as a locomotive engineer, such
arrangements shall be terminated as follows:
Section 3
This Article shall become effective June 1, 1996
and is not intended to restrict any of the existing rights of
a carrier except as specifically provided herein.
ARTICLE X - TERMINAL COMPANIES
Section 1
Section 2
Section 3
This Article shall become effective June 1, 1996
and is not intended to restrict any of the existing rights of
a carrier except as specifically provided herein.
ARTICLE XI - ENHANCED CUSTOMER SERVICE
Article VIII - Special Relief, Customer Service -
Yard Crews of the UTU Implementing Document of November 1, 1991,
Document A, is amended to read as follows and furthermore shall
be applicable to all carriers party to this Agreement:
Section 1
Section 2
This Article shall become effective June 1, 1996
and is not intended to restrict any of the existing rights of
a carrier.
ARTICLE XII - DISPLACEMENT
Section 1
Section 2
This Article shall become effective June 1, 1996
and is not intended to restrict any of the existing rights of
a carrier.
ARTICLE XIII - NATIONAL WAGE AND RULES PANEL
Section 1
Section 2
The Panel is authorized to comprehensively examine
the following subjects:
- System for compensation and related alternatives
- Quality of Work Life
- Inter-craft pay relationships
- Claim and Grievance Handling
- Flowback
- Eating en route for road service employees
- Use of Surplus Employees
- Employee Utilization
- Common Extra Boards
- Standardized Calling Rules
- Yard Starting Times
- Runarounds
- Road/Yard
- Entry Rates
Section 3
The Panel shall promptly establish its operating
procedures, which shall be designed to review and evaluate the
facts regarding the aforementioned subjects and to expedite and
enhance the opportunity to reach joint voluntary solutions to
matters in dispute between the parties with respect to those subjects.
The Panel may, by unanimous vote of the members and with the consent
of the respective carrier(s) and General Committee(s) involved,
develop and implement pilot projects and similar initiatives that
would permit the Panel to test and evaluate, on a limited basis,
potential alternatives to existing arrangements that would resolve
issues of concern to the parties.
Section 4
ARTICLE XIV - GENERAL PROVISIONS
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
and any pending notices which propose such matters
are hereby withdrawn.
____________________
John B. Criswell
Chairman of Arbitration Board
____________________ ____________________
Preston J. Moore Robert O. Harris
Member of Arbitration Board Member of
Arbitration Board
May 8, 1996
#1
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding with respect to the
general wage increase provided for in Article I, Section 1, and
the signing bonus provided for in Article I, Section 2, of Document
"A" of the Agreement of this date.
The carriers will make all reasonable efforts to
pay the retroactive portion of such general wage increase and
the signing bonus as soon as possible and no later than sixty
(60) days after the date of this Agreement.
If a carrier finds it impossible to make such payments
within that specified time period, such carrier shall notify you
in writing explaining why such payments have not been made and
indicating when the payments will be made.
Very truly yours,
Robert F. Allen
May 8, 1996
#2
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This refers to the increase in wages provided for
in Section 1 of Article I of Document "A" of the Agreement
of this date.
It is understood that the retroactive portion of
that wage increase shall be applied only to employees who have
an employment relationship with a carrier on the date of this
Agreement or who retired or died subsequent to December 1, 1995.
Please acknowledge your agreement by signing your
name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#3
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding regarding Article I - Wages of
Document "A" of the Agreement of this date.
Solely for the purpose of concluding this Agreement, the carriers
have agreed to apply the general wage increases provided for therein
to mileage rates of pay for miles run in excess of the number
of miles comprising a basic day (overmiles) and to compute the
lump sums provided for therein without excluding overmiles.
Our agreement to include language providing for such applications
shall not be considered as precedent for how such issues should
be addressed in the future and is without prejudice to our position
that this component of the pay system is inappropriate.
Please acknowledge your agreement by signing your name in the
space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#4
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This refers to the Lump Sum Payments provided for in Article I
of Document "A" of the Agreement of this date.
Sections 3 and 5 of Article I are structured so as to provide
payments that are essentially based on the compensation earned
by an employee during a specified calendar year. Section 11 provides
that all of these payments are payable to an employee who has
an employment relationship as of the dates such payments are made
or has retired or died subsequent to the beginning of the applicable
calendar year used to determine the amount of such payments. Thus,
for example, under Section 3 of Article I, except for an employee
who has retired or died, the Agreement requires that an employee
have an employment relationship on July 1, 1996 in order to receive
that lump sum payment.
The intervals between the close of the measurement periods and
the actual payments established in the 1991 National Implementing
Documents were in large measure a convenience to the carriers
in order that there be adequate time to make the necessary calculations.
In recognition of this, we again confirm the understanding that
an individual having an employment relationship with a carrier
on the last day of a particular calendar year used to determine
the amount of a payment under Section 3 and 5 of Article I will
not be disqualified from receiving the payment provided for in
the event his employment relationship is terminated following
the last day of such calendar year but prior to the payment due
date.
Yours very truly,
Robert F. Allen
May 8, 1996
#5
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding that the provisions of Article
I, Section 8(a)(ii) and Article II, Part C, Section 1(b) of Document
"A" of the Agreement of this date relating to the application
of wage increases and cost-of-living allowances to duplicate time
payments shall not apply to special allowances expressed in time,
miles or fixed amounts of money contained in existing local crew
consist agreements that contain moratorium provisions prohibiting
changes in such payments.
Please acknowledge your agreement by signing your name in the
space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#6
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding regarding Article V - Benefits
Eligibility of Document "A" of the Agreement of this
date.
This will confirm our understanding that eligibility criteria
in effect on December 31, 1995 governing coverage by The Railroad
Employees National Health and Welfare Plan shall continue to apply
to employees represented by the organization who hold positions
as working General Chairmen, Local Chairmen, and state legislative
directors ("local officials"). In other words, the changes
in eligibility as set forth in Article V, Section 1 are not intended
to revise eligibility conditions for local officials. It is further
understood that by providing this exclusion it is not intended
that the total number of such officials covered be expanded.
Please acknowledge your agreement by signing your name in the
space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#7
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding regarding Article V - Benefits
Eligibility of Document "A" of the Agreement of this
date.
This will confirm our understanding that vacation qualification
criteria in effect on the date of this Agreement shall continue
to apply to employees represented by the organization who hold
positions as working General Chairmen, Local Chairmen, and state
legislative directors ("local officials"). In other
words, the changes in qualification as set forth in Article V,
Section 2 are not intended to revise vacation qualification conditions
for such local officials. It is further understood that by providing
this exclusion it is not intended that the total number of such
officials covered be expanded.
Please acknowledge your agreement by signing your name in the
space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#8
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
During the negotiations which led to the Agreement of this date,
the parties had numerous discussions about the relationship between
time worked and benefits received. The carriers were concerned
that certain employees were not making themselves sufficiently
available for work, but due to the then current eligibility requirements
such employees remained eligible for health and welfare benefits.
As a result of these discussions, the parties agreed to tighten
one eligibility requirement from any compensated service in a
month to seven calendar days compensated service in a month (the
"seven-day rule"). However, it was not the intent of
the parties to affect employees by this change where such employees
have made themselves available for work and would have satisfied
the seven-day rule but for an Act of God, an assignment of work
which did not permit satisfaction of the seven-day rule, or because
monthly mileage limitations, monthly earnings limitations and/or
maximum monthly trip provisions prevented an employee from satisfying
that rule.
Also, where employees return to work from furlough, suspension,
dismissal, or disability (including pregnancy), or commence work
as new hires, at a time during a month when there is not opportunity
to render compensated service on at least seven calendar days
during that month, such employees will be deemed to have satisfied
the seven-day rule, provided that they are available or actually
work every available work opportunity.
However, in no case will an employee be deemed eligible for benefits
under the new eligibility requirement if such employee would not
have been eligible under the old requirements.
Please acknowledge your agreement by signing your name in the
space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#9
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding with respect to Article VI - Flowback
of Document "A" of the Agreement of this date.
The parties recognize that provisions of this Article may be in
conflict with provisions contained in, or address matters governed
by, existing collective bargaining agreements between the carriers
party to this Agreement and other organizations that represent
the craft and class of engineers.
Accordingly, we are in agreement that implementation of this Article
is expressly contingent upon resolution of such concerns in a
manner satisfactory to the carriers. The carriers further agree
to make all reasonable efforts to resolve those concerns as expeditiously
as possible. Periodically and at any time upon request by the
organization, the carriers will report on the status and progress
of such efforts.
Please acknowledge your agreement by signing your name in the
space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#10
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understandings regarding Article
VIII - Rate Progression Adjustment For Promotion of Document "A"
of the Agreement of this date.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#11
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding regarding Article
XI - Enhanced Customer Service of Document "A" of the
Agreement of this date.
In recent years the rail freight sector of the transportation
market place has taken steps toward a more competitive discipline
which, if successful, could point the rail industry toward more
growth. The parties to this Agreement are intent on nurturing
these improvements. In this respect we mutually recognize that
an important reason underlying the recent improvement has been
enhanced focus on customer needs and improved service as the framework
for working conditions. Increased employee productivity and more
immediate responses to customer needs by railroad employees at
all levels have been and will continue to be at the very heart
of this effort.
In order to continue these recent improvements, the
parties intend to respond to customers' needs with even greater
efforts. In Article XI, we have developed a framework for achieving
our mutual goal of retaining existing customers and attracting
new business by providing more efficient and expedient service,
including relaxation of work rules specified therein where and
to the extent necessary for those purposes. We are also in accord
that these undertakings should appropriately recognize the interests
of affected employees in fair and equitable working conditions.
This will confirm our understanding that the NCCC
Chairman and the UTU President shall promptly confer on any carrier
proposal under Article XI that the UTU President deems to be egregiously
inconsistent with our mutual intent. Such proposal shall be held
in abeyance pending conference and shall not be implemented until
adjusted by agreement of the parties or, absent such agreement,
resolved by expedited, party paid arbitration as set forth in
the attachment hereto.
Please acknowledge your agreement by signing your
name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#12
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding with respect to Document
"A" of the Agreement of this date.
The parties exchanged various proposals and drafts
antecedent to adoption of the various Articles that appear in
this Agreement. It is our mutual understanding that none of such
antecedent proposals and drafts will be used by any party for
any purpose and that the provisions of this Agreement will be
interpreted and applied as though such proposals and drafts had
not been used or exchanged in the negotiation.
Please acknowledge your agreement by signing your
name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
Document "B"
(Yardmasters)
IT IS HEREBY AGREED:
ARTICLE I - WAGES
Section 1 - First General Wage Increase
Effective on December 1, 1995, all standard basic
daily rates of pay for employees covered by this Agreement in
effect on the preceding day shall be increased by three-and-one-half
(3-1/2) percent.
Section 2 - Signing Bonus
On the date of this Agreement, each employee will
be paid a signing bonus of one (1) percent of the employee's compensation
for 1994, excluding pay elements not subject to general wage increases
under Section 7 of this Article and lump sums.
Section 3 - First Lump Sum Payment
On July 1, 1996, each employee will be paid a lump
sum equal to the excess of (i) three (3) percent of the employee's
compensation for 1995, excluding pay elements not subject to general
wage increases under Section 7 of this Article and lump sums,
over (ii) the lesser of (x) one-half of the amount described in
clause (i) above and (y) two times one-quarter of the amount,
if any, by which the carriers' payment rate for 1996 for foreign-to-occupation
health benefits under The Railroad Employees National Health and
Welfare Plan (Plan) exceeds such payment rate for 1995.
Section 4 - Second General Wage Increase
Effective July 1, 1997, all standard basic daily
rates of pay in effect on June 30, 1997 for employees covered
by this Agreement shall be increased by three-and-one-half (3-1/2)
percent, computed and applied in the same manner prescribed in
Section 1 above.
Section 5 - Second Lump Sum Payment
On July 1, 1998, each employee will be paid a lump
sum equal to the excess of (i) three-and-one-half (3-1/2) percent
of the employee's compensation for 1997, excluding pay elements
not subject to general wage increases under Section 7 of this
Article and lump sums, over (ii) the lesser of (x) one-half of
the amount described in clause (i) above and (y) one-and-one-half
times one-quarter of the amount, if any, by which the carriers'
payment rate for 1998 for foreign-to-occupation health benefits
under The Railroad Employees National Health and Welfare Plan
(Plan) exceeds such payment rate for 1995.
Section 6 - Third General Wage Increase
Effective July 1, 1999, all standard basic daily
rates of pay in effect on June 30, 1999 for employees covered
by this Agreement shall be increased by three-and-one-half (3-1/2)
percent, computed and applied in the same manner prescribed in
Section 1 above.
Section 7 - Application of Wage Increases
Special allowances not included in fixed daily, weekly
or monthly rates of pay for all services rendered, and arbitraries
representing duplicate time payments will not be increased.
Section 8 - Definitions
The carriers' payment rate for any year for foreign-to-occupation
health benefits under the Plan shall mean twelve (12) times the
payment made by the carriers to the Plan per month (in such year)
per employee who is fully covered for employee health benefits
under the Plan. Carrier payments to the Plan for these purposes
shall not include the amounts per such employee per month (in
such year) taken from the Special Account, or from any other special
account, fund or trust maintained in connection with the Plan,
to pay or provide for current Plan benefits, or any amounts paid
by remaining carriers to make up the unpaid contributions of terminating
carriers pursuant to Article III, Part A, Section 1, of the UTU
Implementing Document of November 1, 1991, Document B.
Section 9 - Eligibility for Receipt of Ratification
Bonus, Lump Sum Payments
The ratification bonus and lump sum payments provided
for in this Article will be paid to each employee subject to this
Agreement who has an employment relationship as of the date such
payments are payable, or has retired or died subsequent to the
beginning of the applicable calendar year used to determine the
amount of such payment. There shall be no duplication of the ratification
bonus or lump sum payments by virtue of employment under another
agreement nor will such payments be used to offset, construct
or increase guarantees in protective agreements or arrangements.
ARTICLE II - COST-OF-LIVING PAYMENTS
Part A - Cost-of-Living Payments Under National
Implementing Document Dated November 7, 1991
The nine-cent cost-of-living allowance in effect
beginning July 1, 1995 pursuant to Article II, Part B of the UTU
Implementing Document of November 1, 1991, Document B, shall be
rolled in to basic rates of pay on November 30, 1995 and such
Article II, Part B shall be eliminated at that time. Any amounts
paid from January 1, 1996 under the aforementioned COLA provision
(effective January 1, 1996) shall be deducted from amounts payable
under Article I of this Agreement.
Part B - Cost-of-Living Allowance Through January
1, 2000 and Effective Date of Adjustment
Effective Date
Base Month
Measurement Month of Adjustment
March 1995 March 1996
plus
March 1997 March 1998 Dec. 31, 1999
The number of points change in the CPI during each
of these measurement periods shall be added together before making
the calculation described in Part C, Section 1(e) of this Article.
©(i) Floor. The minimum increase in the
CPI that shall be taken into account shall be as follows:
Effective Date
Minimum CPI Increase That of Adjustment Shall
Be Taken Into Account
Dec. 31, 1999 4% of March 1995 CPI
plus
4% of March 1997 CPI
(ii) Cap. The maximum increase in the CPI
that shall be taken into account shall be as follows:
Effective Date
Maximum CPI Increase That of Adjustment Shall
Be Taken Into Account
Dec. 31, 1999 6% of March 1995 CPI
Effective Date
Base Month
Measurement Month of Adjustment
September 1999 March 2000 July 1, 2000
March 2000 September 2000 January 1,
2001
Measurement Periods and Effective Dates conforming
to the above schedule shall be applicable to periods subsequent
to those specified above during which this Article is in effect.
(d)(i) Cap. In calculations under paragraph
(e), the maximum increase in the CPI that shall be taken into
account shall be as follows:
Effective Date
Maximum CPI Increase That of Adjustment May Be
Taken Into Account
July 1, 2000 3% of September 1999 CPI
January 1, 2001 6% of September 1999
CPI, less the increase from September 1999 to March 2000
Effective Dates of Adjustment and Maximum CPI Increases
conforming to the above schedule shall be applicable to periods
subsequent to those specified above during which this Article
is in effect.
(ii) Limitation. In calculations under paragraph
(e), only fifty (50) percent of the increase in the CPI in any
measurement period shall be considered.
Section 2 - Payment of Cost-of-Living Allowances
Section 3 - Application of Cost-of-Living Allowances
The cost-of-living allowance provided for by Section
1 of this Part C will not become part of basic rates of pay. Each
one cent per hour of cost-of-living allowance will be applied
to basic monthly rates of pay produced by application of the general
wage increase provisions of Article I on each railroad in the
same manner as used in applying the cost-of-living adjustment
provisions of the June 15, 1987 National Agreement.
ARTICLE III - DENTAL BENEFITS
Section 1 - Continuation of Plan
The benefits now provided under the Railroad Employees
National Dental Plan (Dental Plan), modified as provided in Section
2 below, will be continued subject to the provisions of the Railway
Labor Act, as amended.
Section 2 - Eligibility
Existing eligibility requirements under the Dental
Plan are amended, effective June 1, 1996, to provide that in order
for an employee and his eligible dependents to be covered for
Covered Dental Expenses (as defined in the Dental Plan) during
any calendar month by virtue of rendering compensated service
or receiving vacation pay in the immediately preceding calendar
month (the "qualifying month"), such employee must have
rendered compensated service on, or received vacation pay for,
an aggregate of at least seven (7) calendar days during the applicable
qualifying month. Any calendar day on which an employee assigned
to an extra list is available for service but does not perform
service shall be deemed a day of compensated service solely for
purposes of this Section. Existing Dental Plan provisions pertaining
to eligibility for and termination of coverage not specifically
amended by this Section shall continue in effect.
Section 3 - Benefit Changes
The following changes will be made effective as of
the first day of the first full calendar month immediately following
the date of this Agreement.
ARTICLE IV - VISION CARE
Section 1 - Establishment and Effective Date
The railroads will establish a Vision Care Plan to
provide specified vision care benefits to employees and their
dependents, to become effective January 1, 1999 and to continue
thereafter subject to provisions of the Railway Labor Act, as
amended, according to the following provisions:
Plan Benefit
|
In-Network
|
Other Than
In-Network
|
One vision examination per 12-month period.
|
100% of reasonable and customary charges
|
100% of reasonable and customary charges up to a $35 maximum
|
One set of frames of any kind per 24-month period
|
100% of reasonable and customary charges
|
100% of reasonable and customary charges up to a $35 maximum
|
One set of two lenses of any kind, including contact lenses, per 24-month period.
|
100% of reasonable and customary charges
|
100% of reasonable and customary charges up to the following maximums:
up to $25 for single vision lenses
up to $40 for bifocals
up to $55 for trifocals
up to $80 for lenticulars
up to $210 for medically necessary contact lenses
up to $105 for contact lenses that are not medically necessary
|
Where the employee or dependent requires only one lens
|
100% of reasonable and customary charges 4/
|
100% of reasonable and customary charges up to a maximum of one-half of the maximum benefit payable for a set of two lenses of the same kind
|
Section 2 - Administration
The Vision Care Plan will be administered by the National Carriers'
Conference Committee, which will bear the same responsibilities
and perform the same functions as it does with respect to The
Railroad Employees National Dental Plan, including the development
of detailed plan language describing the Plan's eligibility, coverage,
benefit and other provisions.
ARTICLE V - BENEFITS ELIGIBILITY
Section 1 - Health and Welfare Plan
The Railroad Employees National Health and Welfare Plan ("the
Plan") is amended, effective June 1, 1996, as provided in
this Section. In order for an Eligible Employee (as defined by
the Plan) to continue to be covered by the Plan during any calendar
month by virtue of rendering compensated service or receiving
vacation pay in the immediately preceding calendar month (the
"qualifying month"), such employee must have rendered
compensated service on, or received vacation pay for, an aggregate
of at least seven (7) calendar days during the applicable qualifying
month. Any calendar day on which an employee assigned to an extra
list is available for service but does not perform service shall
be deemed a day of compensated service solely for purposes of
this Section. Existing Plan provisions pertaining to eligibility
for and termination of coverage not specifically amended by this
Section shall continue in effect.
Section 2 - Vacation Benefits
Existing rules governing vacations are amended, effective January
1, 1997, to provide that an employee may take up to one week of
his annual vacation in single day increments.
Section 3
This Article is not intended to restrict any of the existing rights
of a carrier except as specifically provided herein.
ARTICLE VI - RATE PROGRESSION ADJUSTMENT FOR PROMOTION
Section 1
Section 2
Local rate progression rules applicable on a carrier
that is not covered by the aforementioned Article III are hereby
amended in the same manner as provided in Section 1.
Section 3
This Article shall become effective June 1, 1996
and is not intended to restrict any of the existing rights of
a carrier except as specifically provided herein.
ARTICLE VII - SUPPLEMENTAL SICKNESS
The October 31, 1978 Supplemental Sickness Benefit
Agreement, as subsequently amended effective July 29, 1991 (Sickness
Agreement), shall be further amended as provided in this Article.
Section 1 - Adjustment of Plan Benefits
Section 2 - Adjustment of Plan Benefits During
Agreement Term
Effective December 31, 1999, the benefits provided
under the Plan shall be adjusted so as to restore the same ratio
of benefits to rates of pay as existed on the effective date of
this Article.
ARTICLE VIII - GENERAL PROVISIONS
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
DATED THIS 8th DAY OF MAY, 1996, AT OKLAHOMA
CITY, OK.
____________________
John B. Criswell
Chairman of Arbitration Board
___________________ ____________________
Preston J. Moore Robert O. Harris
Member of Arbitration Board Member of
Arbitration Board
May 8, 1996
#1
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding that Side Letter
Nos. 1, 2, 4 and 12 of Document "A" of the Agreement
of this date are hereby incorporated as part of this Document.
Please acknowledge your agreement by signing your
name in the space provided below.
Very truly yours,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#2
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding reached as part of
Document "B" of the Agreement of this date.
During conferences, the organization asserted that
recent changes in operations on a number of carriers, including
technological and work process improvements, have affected yardmaster
working conditions on those carriers and warrant consideration
of agreement changes for those yardmasters. The involved carriers
dispute the organization's assertions, but agree that the assertions
raise sufficient concerns that deserve a more careful investigation
of the facts and circumstances on each of those particular carriers
than was possible in the multiemployer conferences resulting in
the Agreement of this date.
We have agreed that the discussions which have begun
on these subjects shall continue as a priority item on each of
those respective carriers in an expedited manner. The facts should
be developed promptly for joint review by the involved parties.
The conferences should be further designed to expedite and enhance
the opportunity to reach joint voluntary solutions to these matters
in dispute where necessary and warranted. If either union group
or carrier believes that the assistance of the Chairman of the
National Carriers' Conference Committee or the President of the
organization would help the parties reach solutions, we agreed
to assist those parties to the fullest extent.
Please acknowledge your agreement by signing your
name in the space provided below.
Very truly yours,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#3
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding that the provisions
of Document B of the Agreement of this date will also be applied
to yardmasters who are represented by the United Transportation
Union but not represented by its Yardmasters Department.
Please acknowledge your agreement by signing your
name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#4
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding that during preparation
of final contract language of the 1996 National Agreement of this
date, the parties agreed that Articles VII and X and Side Letter
Nos. 6 and 8 of Document "A" shall be considered incorporated
into Document "B".
Please acknowledge your agreement by signing your
name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
ATTACHMENT A
TERMINAL COMPANIES SUBJECT TO ARTICLE X
_ _ _ _ _ _ _ _ _
NOTE:
UTU
CARRIERS REPRESENTED BY THE NATIONAL CARRIERS'
CONFERENCE COMMITTEE IN CONNECTION WITH NOTICES DATED NOVEMBER
1, 1994 OF DESIRE TO REVISE AND SUPPLEMENT EXISTING AGREEMENTS
IN ACCORDANCE THEREWITH, SERVED BY AND ON BEHALF OF SUCH CARRIERS
UPON THE UNITED TRANSPORTATION UNION, AND NOTICES DATED ON OR
SUBSEQUENT TO NOVEMBER 1, 1994 AND SERVED ON SUCH CARRIERS BY
THE GENERAL CHAIRMEN, OR OTHER RECOGNIZED REPRESENTATIVES OF THE
UNITED TRANSPORTATION UNION FOR CONCURRENT HANDLING THEREWITH.
Subject to indicated footnotes, this authorization
is co-extensive 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:
R A I L R O A D S UTU
(E) © (T) (S)
_________________________________________________________________Alameda
Belt Line Railway X X
Alton & Southern Railway X X
Atchison, Topeka and Santa Fe X X X X
_________________________________________________________________Bangor
and Aroostook R.R. Co. X-2 X-2
The Belt Railway Co. of Chicago X-2
Burlington Northern Railroad Company
X X X X
_________________________________________________________________Camas
Prairie Railroad Company X X X X
Central California Traction X
Chicago and North Western Ry. Co. X X
X
Consolidated Rail Corporation X X X
_________________________________________________________________CSX
Transportation, Inc.:
The Baltimore and Ohio Chicago T. Co.
X X
The Baltimore and Ohio R.R. Co. X X X
The Chesapeake and Ohio Ry Co. (former)
X X X X
Chicago & East. Ill. R.R. Co. (former)
X X
Gainesville Midland Railroad Company
X X
The Hocking Valley Ry. Co. (former) X
X X X
Louisville & Nashville R.R. Co. (former)
X X
Monon Railroad (former) X
The Nashville, Chattanooga & St.
Louis X
Ry. Co. (former)
Pere Marquette Railway Company (former)
X X X X
Richmond, Fred. & Potomac Ry. Co.
X X
Seaboard Coast Line R.R. Co. (former)
X X X
R A I L R O A D S UTU
(E) © (T) (S)
_________________________________________________________________Toledo
Terminal R.R. Co. (former) X
Western Maryland Ry. Co. (former) X X
X
Western Railway of Alabama X X
_________________________________________________________________Galveston,
Houston and Henderson R.R. X X
Houston Belt and Terminal Railway X
The Kansas City Southern Ry. Co.
CP-Kansas City Southern Joint Agency
X X X X
_________________________________________________________________Lake
Superior & Ishpeming R.R. Co. X-1 X-1
Los Angeles Junction Railroad Company
X X
Manufacturers Railway Company X
_________________________________________________________________Meridian
& Bigbee R.R. X-3 X-3 X-3
Missouri-Kansas-Texas Railroad X X X
Missouri Pacific Railroad
Oklahoma, Kansas & Texas Railroad
X X X X
_________________________________________________________________New
Orleans Public Belt Railroad X-2 X-2
Norfolk and Ports. Belt Line R.R. Co.
X X
Norfolk Southern Railway Company
The Alabama Great Sou. R.R. Co. X X X
X
Atlantic & East Car. Ry. Co. X X
X X
Central of Georgia R.R. Co. X X X X
The Cinn., N.O. & Texas Pac. Ry.
Co. X X X X
Georgia Sou. and Fla. Ry. Co. X X X X
Norfolk & Western Railway Company
X X X X
Tenn., Ala. and Georgia Ry. Co. X X X
X
Tennessee Railway Company X X X X
Northeast Ill. Reg. Commuter R.R. X-2
X-2 X-2
North. Ind. Commuter Transp. District
X-2 X-2 X-2
_________________________________________________________________Oakland
Terminal Railway X X
Ogden Union Ry. & Depot Co. X
Peoria and Pekin Union Ry. Co. X X
The Pitts., Chart., & Yough. Ry.
Co. X X X
Port Terminal Railroad Association X
X
Portland Terminal Railroad Company X
_________________________________________________________________Sacramento
Northern Railway X
Spokane International Railroad X X X
Terminal Railroad Assoc. of St. Louis
X X
R A I L R O A D S UTU
(E) © (T) (S)
_________________________________________________________________Union
Pacific Railroad X X X X
Utah Railway Company X X
Western Pacific Railroad X X
Wichita Terminal Association X X
Winston Salem Southbound Railway Company
X X
_________________________________________________________________
NOTES:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _
FOR THE CARRIERS: FOR THE UNITED
TRANSPORTATION UNION:
_______________________ ________________________
Oklahoma City, OK.
Exhibit B
(UTU - Ymstrs.)
CARRIERS REPRESENTED BY THE NATIONAL CARRIERS'
CONFERENCE COMMITTEE IN CONNECTION WITH NOTICES DATED NOVEMBER
1, 1994 OF DESIRE TO REVISE AND SUPPLEMENT EXISTING AGREEMENTS
IN ACCORDANCE THEREWITH, SERVED BY AND ON BEHALF OF SUCH CARRIERS
UPON THE UNITED TRANSPORTATION UNION, AND NOTICES DATED ON OR
SUBSEQUENT TO NOVEMBER 1, 1994 AND SERVED ON SUCH CARRIERS BY
THE GENERAL CHAIRMEN, OR OTHER RECOGNIZED REPRESENTATIVES OF THE
YARDMASTERS DEPARTMENT - UNITED TRANSPORTATION UNION FOR CONCURRENT
HANDLING THEREWITH.
Subject to indicated footnotes, this authorization
is co-extensive with notices filed and with provisions of current
schedule agreements applicable to