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THIS IMPLEMENTING DOCUMENT identified as Document
"A", made this 1st day of November, 1991
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 (other
than Yardmasters) of such carriers shown thereon and represented
by the United Transportation Union, witnesseth:
Each employee subject to this Implementing Document who rendered compensated service on a sufficient number of days during the calendar year 1990 to qualify for an annual vacation in the calendar year 1991 will be paid $2,000. Those employees who rendered compensated service on an insufficient number of days during the calendar year 1990 to qualify for an annual vacation in the calendar year 1991 will be paid a proportional share of that amount. This Section shall be applicable solely to those employees subject to this Implementing Document who had an employment relationship as of July 29, 1991 or who have retired or died subsequent to January 1, 1990. There shall be no duplication of lump sum payments by virtue of employment under an agreement with another organization.
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)
Stewards)
Effective July 1, 1993, all standard basic daily rates of pay in effect on June 30, 1993 for employees represented by the United Transportation Union shall be increased by three (3) percent, computed and applied in the same manner prescribed in Section 2 above.
Stewards)
Effective July 1, 1994, all standard basic daily rates of pay in effect on June 30, 1994 for employees represented by the United Transportation Union shall be increased by four (4) percent, computed and applied in the same manner prescribed in Section 2 above.
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 Implementing Document.
Subject to Sections 6 and 7, employees with 2,000 or more straight time hours paid for (not including any such hours reported to the Interstate Commerce Commission as constructive allowances except vacations, holidays and guarantees in protective agreements or arrangements) during the period April 1, 1991 through March 31, 1992, will receive a lump sum payment on July 1, 1992 of $1,287.00.
Subject to Sections 6 and 7, employees with 1,000 or more straight time hours paid for (not including any such hours reported to the ICC as constructive allowances except vacations, holidays and guarantees in protective agreements or arrangements) during the period April 1, 1992 through September 30, 1992, will receive a lump sum payment on January 1, 1993 equal to the difference between (i) $1,273.00, and (ii) the lesser of $636.50 and one quarter of the amount, if any, by which the carriers' 1993 payment rate for foreign-to-occupation health benefits under the Railroad Employees National Health and Welfare Plan (the "Plan") exceeds the sum of (a) the amount of such payment rate for 1992 and (b) the amount per covered employee that will be taken during 1993 from that certain special account maintained at The Travelers Insurance Company known as the "Special Account Held in Connection with the Amount for the Close-Out Period" (the ("Special Account") to pay or provide for Plan foreign-to-occupation health benefits.
Subject to Sections 6 and 7, employees with 2,000 or more straight time hours paid for (not including any such hours reported to the ICC as constructive allowances except vacations, holidays and guarantees in protective agreements or arrangements) during the period October 1, 1992 through September 30, 1993, will receive a lump sum payment on January 1, 1994 equal to the difference between (i) $1,297.00, and (ii) the lesser of $648.50 and one quarter of the amount, if any, by which the carriers' 1994 payment rate for foreign-to-occupation health benefits under the Plan exceeds the sum of (a) the amount of such payment rate for 1993 and (b) the amount per covered employee that will be taken during 1994 from the Special Account to pay or provide for Plan foreign-to-occupation health benefits.
Subject to Sections 6 and 7, employees with 2,000 or more straight time hours paid for (not including any such hours reported to the ICC as constructive allowances except vacations, holidays and guarantees in protective agreements or arrangements) during the period October 1, 1993 through September 30, 1994, will receive a lump sum payment on January 1, 1995 equal to the difference between (i) $890.00, and (ii) the lesser of $445.00 and one quarter of the amount, if any, by which the carriers' 1995 payment rate for foreign-to-occupation health benefits under the Plan exceeds the amount of such payment rate for 1994.
Section 5 - Definition of Payment Rate for Foreign-to-Occupation Health Benefits
The carrier's payment rate for any year for foreign-to-occupation health benefits under the Plan shall mean twelve 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 hereof.
For employees who have fewer straight time hours (as defined) paid for in any of the respective periods described in Sections 1 through 4 than the minimum number set forth therein, the dollar amounts specified in clause (i) thereof shall be adjusted by multiplying such amounts by the number of straight time hours (including vacations, holidays and guarantees in protective agreements or arrangements) for which the employee was paid during the applicable measurement period divided by the defined minimum hours. For any such employee, the dollar amounts described in clause (ii) of such Sections shall not exceed one-half of the dollar amounts specified in clause (i) thereof, as adjusted pursuant to this Section.
In the case of any employee subject to wage progression or entry rates, the dollar amounts specified in clause (i) of Sections 1 through 4 shall be adjusted by multiplying such amounts by the weighted average entry rate percentage applicable to wages earned during the specified determination period. For any such employee, the dollar amounts described in clause (ii) of such Sections shall not exceed one-half of the dollar amounts specified in clause (i) thereof, as adjusted pursuant to this Section.
The lump sum cost-of-living payments provided for
in this Article will be payable to each employee subject to this
Implementing Document 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 base period used to determine
the amount of such payments. There shall be no duplication of
lump sum payments by virtue of employment under an agreement with
another organization.
PART B - Cost-of-Living Allowance and Adjustments Thereto After January 1, 1995
Section 1 - Cost-of-Living Allowance and Effective Dates of Adjustments Thereto
Base Month
Measurement Month of Adjustment
September 1994 March 1995 July 1, 1995
March 1995 September 1995 January 1,
1996
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.
Effective Date
Maximum CPI Increase That of Adjustment May Be
Taken Into Account
July 1, 1995 3% of September 1994 CPI
January 1, 1996 6% of September 1994
CPI, less the increase from September 1994 to March 1995
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 BLS CPI in any measurement period shall be considered.
The cost-of-living allowance provided for in this Part will not become part of basic rates of pay. Such allowance will be applied as follows:
The arrangements set forth in Part B 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 - HEALTH AND WELFARE PLAN AND EARLY RETIREMENT MAJOR MEDICAL BENEFIT PLAN
The Railroad Employees National Health and Welfare
Plan (the "Plan"), modified as provided in this Part,
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 any insurer, third party administrator or other entity in connection
with the Plan and by the use of funds held in trust that are not
otherwise needed to pay claims, premiums, or administrative expenses
that are payable from funds held in trust; provided, however,
that such amounts as may at any time be in that certain special
account maintained at The Travelers Insurance Company, known as
the "Special Account Held in Connection with the Amount for
the Close-Out Period," relating to the obligations of the
Plan to pay, among other things, benefits incurred but not paid
at the time of termination of the Plan in the event such termination
should occur, shall be used to pay or provide for Plan benefits
as follows: one-third of the balance in such special account as
of January 1, 1992, shall be used to pay or provide for benefits
that become due and payable during 1992. One-half of the balance
in such special account as of January 1, 1993, shall be used
to pay or provide for benefits that become due and payable during
1993. All of the balance in such special account in excess of
$25 million as of January 1, 1994, shall be used to pay or
provide for benefits that become due and payable during 1994.
The $25 million referred to in the preceding sentence shall be
maintained by the Plan as a cash reserve to protect against adverse
claims experience from year to year.
In the event that a carrier participating in the Plan defaults for any reason, including but not limited to bankruptcy, on its obligation to contribute to the Plan, and the carrier's participation in the Plan terminates, the carriers remaining in the Plan shall be liable for any Plan contribution that was required of the terminating carrier prior to the effective date of its termination, but not paid by it. The remaining carriers shall be obligated to make up in a timely fashion such unpaid contribution of the terminating carrier in pro rated amounts based upon their shares of Plan contributions for the month immediately prior to such default.
Except for life insurance, accidental death and dismemberment insurance, and all benefits for residents of Canada, the Plan will be wholly self-insured and administered, under an administrative services only arrangement, by an insurance company or third party administrator.
The Joint Policyholder Committee shall be renamed the Joint Plan Committee. This change in name shall not in any way change the functions and responsibilities of the Committee.
A neutral shall be retained by and at the expense of the Plan for the duration of this Implementing Document to consider and vote on any matter brought before the Joint Plan Committee (formerly the Joint Policyholder Committee), arising out of the interpretation, application or administration (including investment policy) of the Plan, but only if the Committee is deadlocked with respect to the matter. A deadlock shall occur whenever the carrier members of the Committee, who shall have a total of one vote regardless of their number, and the organization members of the Committee, who shall also have a total of one vote regardless of their number, do not resolve a matter by a vote of two to nil and either side declares a deadlock.
If the members of the Joint Plan Committee cannot agree upon a neutral within 30 days of the date this Implementing Document becomes effective, either side may request the National Mediation Board to provide a list of seven persons from which the neutral shall be selected by the procedure of alternate striking. Joint Plan Committee members and the neutral shall, to the extent required by ERISA, be bonded at the expense of the Plan. The Joint Plan Committee shall have the power to create such subcommittees as it deems appropriate and to choose a neutral chairman for such subcommittees, if desired.
Managed care networks that meet standards developed by the Joint Plan Committee, or a subcommittee thereof, concerning quality of care, access to health care providers, and cost-effectiveness, shall be established wherever feasible as soon as practicable. Until a managed care network is established in a given geographical area, individuals in that area who are covered by the Plan will have the comprehensive health care benefit coverage described in Section 5 of this Part A. Each employee in a given geographical area who is a Plan participant at the time a managed care network is established in that area will be enrolled in the network (along with his or her covered dependents) unless the employee provides timely written notice to his or her employer of an election to have (along with his or her covered dependents) the comprehensive health care benefit coverage rather than to be enrolled in the network. Any such employee who provides such timely written notice shall have an annual opportunity to revoke his or her election by providing a written notice of revocation to his or her employer at least sixty days prior to January 1 of the calendar year for which such revocation shall first become effective. Similarly, each employee in a given geographical area who is a Plan participant at the time a managed care network is established in that area and is thereafter enrolled in the network (along with his or her covered dependents) shall have an annual opportunity to elect to have (along with his or her covered dependents) the comprehensive health care benefit coverage rather than continue to be enrolled in the network. This election may be made by such an employee by providing written notice thereof to his or her employer at least sixty days prior to January 1 of the calendar year for which the election shall first become effective. Each employee hired after a managed care network is established in his or her geographic area (and his or her covered dependents) will be enrolled in the network and may not thereafter elect to be covered by the comprehensive benefits until the January 1 which falls on or after the first anniversary of his or her initial date of eligibility for Plan coverage. Employees who return to eligibility for Plan coverage within 24 months of loss of eligibility for Plan coverage and whose employment relationship has not terminated at any time prior to such return will be enrolled in the program of Plan benefits in which they were enrolled when their eligibility for Plan coverage was lost, and shall thereafter have the same rights of election as other employees whose eligibility for Plan coverage was not lost.
Covered individuals enrolled in a managed care network
will have a point of service option allowing them to choose an
out-of-network provider to perform any covered health care service
that they need. The benefits provided by the Plan when a service
is performed by an in-network provider and the benefits provided
by the Plan when the service is performed by an out-of-network
provider will be as described in the table below:
PLAN FEATURE
IN-NETWORK OUT-OF-NETWORK†
Primary Care Physician Yes No
Required
Individual None $100
Family None $300
Plan/Employee Coinsurance 100%/0% 75%/25%
Individual None $1,500
Family None $3,000
Maximum Lifetime Benefit None $1,000,000 ($5,000
annual restoration)
Special Maximum Lifetime None $100,000 lifetime
Benefit for Mental Health ($500 annual
restoration)
Hospital Charges (inpatient 100% 75%*
and outpatient)
Ambulatory Surgery 100% 75%*
Emergency Room 100% after $15 75%
employee copayment
Hospital 100% 75%¨
Alternative Care -- 100% 75%¨
Outpatient Mental Health & 100% after $15 75%¨
Substance Abuse employee copayment
per visit
Surgery/Anesthesia 100% 75%*
Hospital Visits 100% 75%*
Office Visits 100% after $15 75%**
employee copayment
Diagnostic Tests 100% 75%*
Routine Physical 100% after $15 Not Covered
employee copayment
Well Baby Care 100% after $15 Not Covered
employee copayment
Skilled Nursing Facility 100% 75%*
Care
Hospice Care 100% 75%*
Home Health Care 100% 75%*
Temporomandibular Joint 100% 75%*
Syndrome
Birth Center 100% 75%*
Prescription Drugs 100% after $5 75%**
(other than by employee copayment
mail order) for brand name
($3 for generic)
Mail Order Prescription 100% after $5 100% (not subject to
Drugs (60-90 day supply employee copayment regular deductible)
of maintenance drugs after $5 employee co-
only) payment (not counted
toward regular
deductible)**
Claim System Paperless Forms Required
Approval by Utilization Physician-initiated; Required. If approval
Review/Large Case included in network not given, benefits
Management management reduced by 20% (except
for mental health and
substance abuse care
where benefits reduced
by 50%) both before and
after annual out-of-
pocket maximum is
reached, and amount of
reduction is not counted
toward that maximum.
† The medically necessary health care services for which out-of-network benefits will be paid are those listed in subparagraphs 1 through 7 of Part A, Section 5, of this Implementing Document.
** Benefits not generally subject to
utilization review program but may be reviewable in specific circumstances
with advance notice to the employee; in such cases, benefits reduced
by 20% if care not approved by utilization review program.
At any time after the expiration of two
years from the effective date of implementation of the first managed
care network, either the carriers or the organizations may bring
before the Joint Plan Committee for consideration a proposal to
change the Plan's in-network or out-of-network benefits for the
purpose of promoting an increase in the use of in-network providers
by Plan participants.
Section 5 - Comprehensive
Health Care Benefits
The comprehensive health care benefits provided under the Plan in geographical areas where managed care networks are not available to Plan participants and their dependents, and in cases where a Plan participant has elected to be covered, along with his or her dependents, by such comprehensive benefits rather than to be enrolled in a managed care network, shall be as described below. Terms used in such description shall have the same meaning as they have in the Plan.
After satisfaction of an annual deductible of $100 per covered individual or $300 per family unit of three or more, the Plan will pay 85%, and the covered individual 15%, of certain health care expenses, up to an annual out-of-pocket maximum (which shall not include the deductible) of $1,500 per covered individual or $3,000 per family. The expenses counted toward the $3,000 annual family out-of-pocket maximum will include those, which are otherwise eligible, incurred on behalf of a covered employee and each of his or her covered dependents regardless of whether the employee or dependent has reached the $1,500 individual annual out-of-pocket maximum. Once the applicable annual out-of-pocket maximum has been reached, the Plan will pay 100% of such reasonable charges up to an overall lifetime maximum of $1 million per covered individual, restorable at a rate of $5,000 per year; provided, however, that there shall be a separate lifetime maximum of $100,000 per covered individual, restorable at a rate of $500 per year, for Plan benefits for the treatment of mental and/or nervous conditions and substance abuse. (Benefits counted for purposes of determining whether or not a lifetime maximum has been reached are all benefits paid under the Plan as amended by this Implementing Document and all Major Medical Expense Benefits paid under the Plan prior to such amendments.) The Plan will pay 85% of the reasonable charges for medically necessary health care services as follows:
The Plan will provide the same benefits to all employees eligible for Plan coverage, including those in their first year of such eligibility and those eligible for extended Plan coverage because of disability.
The Plan's comprehensive health care benefits will include, where permissible under applicable law, a mail order prescription drug benefit that will reimburse a covered individual, after he or she pays $5.00 per prescription, 100% of the cost of prescriptions covering a 60-to-90 day supply of maintenance drugs for such individual. This benefit will not be subject to, and the covered individual's $5.00 co-payment will not be counted against, the Plan's regular $100/$300 deductible and will be included only upon execution of appropriate contracts with vendors.
Section 6 - Strengthened Utilization Review and Case Management
The Plan's current utilization review/case management contractor, and any successor, shall henceforth require that its prior approval be secured for the following services to the extent that benefits with respect to them are payable under the Plan: (a) all non-emergency confinements, and all lengths of stay, in any facility, (b) all home health care, and © all in-patient and out-patient procedures and treatment, except for any care where, pursuant to standards developed by the Joint Plan Committee, prior approval is not feasible or would not be cost-efficient. Approval may be withheld if the utilization review/case management contractor determines that a less intensive or more appropriate diagnostic or treatment alternative could be used.
If an individual covered by the Plan incurs expenses without the requisite approval of the Plan's utilization review/case management contractor, such benefits as the Plan would otherwise pay will be reduced by one-fifth; provided, however, that if such unapproved expenses are incurred for the treatment of mental or nervous conditions or substance abuse, such benefits as the Plan would otherwise pay will be reduced by one-half. These reductions will continue to apply after the out-of-pocket maximum is reached, i.e., the 100% benefit will become 80% (or 50%, as the case may be) if approval by the utilization review/case management contractor is not obtained.
When there is disagreement between an attending physician and the utilization review/case management contractor, the patient and/or attending physician, after all opportunities for appeal have been exhausted within the utilization review/case management contractor's organization, shall be afforded an opportunity to obtain a review (including if necessary, an examination) by an independent specialist physician. This independent physician, who shall be conveniently located and board certified in the appropriate specialty, shall be designated by a physician appointed for this purpose by the Joint Plan Committee. Neither physician may be an employee of or under contract to the utilization review/case management contractor. In the event of an appeal to a specialist described above, the utilization review/case management contractor shall bear the burden of convincing the specialist that the utilization review/case management contractor's determination was correct.
The Plan's coordination of benefit rules shall be changed so that the Plan will pay no benefit to any covered individual that would cause the sum of the benefits paid by the Plan and by any other plan with which the Plan coordinates benefits to exceed (a) the maximum benefit available under the more generous of the Plan and such other plan, or (b) with respect only to spouses who are both covered as employees under the Plan (and the Dependents of such spouses), and to spouses one of whom is covered as an employee under the Plan and the other as a retired railroad employee under the Railroad Employees National Early Retirement Major Medical Benefit Plan (and the Dependents of such spouses), 100% of the reasonable charges for services the expense of which is covered by the Plan.
Active employees currently covered by Medicare Part B and those who elect to enroll in Medicare Part B when they become eligible shall not be reimbursed for premiums they pay for such Part B Medicare participation unless Medicare is their primary payor of medical benefits.
Section 9 - Solicitation of Bids
As promptly as practicable, the Joint Plan Committee will solicit bids from qualified entities for the performance of (a) all managed care functions under the Plan, including without limitation the establishing and/or arranging for the use by individuals covered by the Plan of managed networks of health care providers in those geographical areas where it is feasible to do so, and (b) all utilization review/case management functions under the Plan, including specialized utilization review/case management functions for mental health and substance abuse to assure expert determination of medical necessity and appropriateness of treatment and provider. The Committee will select one or more contractors, from among those that the Committee determines are likely to provide high-quality, cost-effective services, to perform such functions on behalf of the Plan. In the meantime, the Plan's current utilization review/case management contractor will continue to perform those functions. Hospital associations shall be incorporated into the managed care networks wherever appropriate.
Upon the expiration of three years from the effective
date of this Implementing Document, the Joint Plan Committee will
solicit bids for all of the services involved in the administration
of the Plan, including the utilization review/case management
and/or managed care functions, unless the Committee unanimously
determines not to seek bids for any one or more of the services
involved in the administration of the Plan.
Part B - Early Retirement
Major Medical Benefit Plan
Section 1 - Continuation
of Plan
The Railroad Employees Early Retirement Major Medical Benefit Plan ("ERMA"), modified as provided in this Part, will be continued subject to the provisions of the Railway Labor Act, as amended. Contributions to ERMA will be offset by the expeditious use of such amounts as may at any time be in one or more special accounts or funds maintained by any insurer, third party administrator or other entity in connection with ERMA and by the use of funds held in trust that are not otherwise needed to pay claims, premiums, or administrative expenses that are payable from funds held in trust; provided, however, that such amounts as may at any time be in the special account maintained at The Travelers Insurance Company in connection with the obligations of ERMA to pay benefits incurred but not paid at the time of termination of ERMA, in the event such termination should occur, shall be used to pay or provide for Plan benefits as follows: one-third of the balance in such special account as of January 1, 1992, shall be used to pay or provide for benefits that become due and payable during 1992. One-half of the balance in such special account as of January 1, 1993, shall be used to pay or provide for benefits that become due and payable during 1993. All of the balance in such special account in excess of $1 million as of January 1, 1994, shall be used to pay or provide for benefits that become due and payable during 1994. The $1 million referred to in the preceding sentence shall be maintained by the Plan as a cash reserve to protect against adverse claims experience from year to year.
Section 2 - Change to Self-Insurance
ERMA will be wholly self-insured. It will be administered, under an administrative services only arrangement, by an insurance company or third party administrator.
Section 3 - Coordination of Benefits
ERMA's coordination of benefit rules shall be changed so that ERMA will pay no benefit to any covered individual that would cause the sum of the benefits paid by ERMA and by any other plan with which ERMA coordinates benefits to exceed (a) the maximum benefit available under the more generous of ERMA and such other plan, or (b) with respect only to spouses who are both covered as retired railroad employees under ERMA (and the Dependents of such spouses), and to spouses one of whom is covered as a retired railroad employee under ERMA and the other as an employee under the Railroad Employees National Health and Welfare Plan (and the Dependents of such spouses), 100% of the reasonable charges for services the expense of which is covered by ERMA.
ERMA's current utilization review/case management contractor, and any successor, shall henceforth require that its prior approval be secured for the following services to the extent that benefits with respect to them are payable under ERMA: (a) all non-emergency confinements, and all lengths of stay, in any facility, (b) all home health care, and © all in-patient and out-patient procedures and treatment, except for any care where prior approval is not feasible or would not be cost-efficient. Approval may be withheld if the utilization review/case management contractor determines that a less intensive or more appropriate diagnostic or treatment alternative could be used.
If an individual covered by ERMA incurs expenses without the requisite approval of ERMA's utilization review/case management contractor, such benefits as ERMA would otherwise pay will be reduced by one-fifth; provided, however, that if such unapproved expenses are incurred for the treatment of mental or nervous conditions or substance abuse, such benefits as ERMA would otherwise pay will be reduced by one-half.
When there is disagreement between an attending physician and the utilization review/case management contractor, the patient and/or attending physician, after all opportunities for appeal have been exhausted within the utilization review/case management contractor's organization, shall be afforded an opportunity to obtain a review (including if necessary, an examination) by an independent specialist physician. This independent physician, who shall be conveniently located and board certified in the appropriate specialty, shall be designated by a physician appointed for this purpose by mutual agreement between the Chairman of the Health and Welfare Committee, Cooperating Railway Labor Organization and of the National Carriers' Conference Committee. Neither physician may be an employee of or under contract to the utilization review/case management contractor. In the event of an appeal to a specialist described above, the utilization review/case management contractor shall bear the burden of convincing the specialist that the utilization review/case management contractor's determination was correct.
The standards developed by the Joint Plan Committee for determining whether or not prior approval is feasible and cost-efficient under the Health and Welfare Plan shall be applied by the National Carriers' Conference Committee under ERMA, and the utilization review/case management contractor(s) selected by the Joint Plan Committee under the Health and Welfare Plan shall be selected by the National Carriers' Conference Committee under ERMA.
The Plan's benefits will include, where permissible under applicable law, a mail order prescription drug benefit that will reimburse a covered individual, after he or she pays $5 per prescription, 100% of the cost of each prescription covering a 60-90 day supply of maintenance drugs for such individual. This benefit will not be subject to, and the covered individual's $5.00 co-payment will not be counted against, the Plan's regular $100 deductible, and will be included only upon execution of appropriate contracts with vendors.
As promptly as practicable, the National Carriers' Conference Committee will solicit bids from qualified entities for the performance of all utilization review/case management functions under the Plan, including specialized utilization review/case management functions for mental health and substance abuse to assure expert determination of medical necessity and appropriateness of treatment and provider. The Committee will select one or more contractors, from among those that the Committee determines are likely to provide high-quality, cost-effective services, to perform such functions on behalf of the Plan. In the meantime, the Plan's current utilization review/case management contractor will continue to perform those functions.
Upon the expiration of three years from the date
of this Implementing Document, the National Carriers' Conference
Committee will solicit bids for all of the services involved in
the administration of the Plan, including the utilization review/case
management function, unless the Committee determines not to seek
bids for any one or more of the services involved in the administration
of the Plan.
Effective Date Through Freight Service Through Passenger Service of Change
Miles in Basic Overtime Miles in Basic Overtime
Day Divisor Day* Divisor
July 29, 1991 114 14.25 171-114 22.8
January 1, 1992 118 14.75 177-118 23.6
January 1, 1993 122 15.25 183-122 24.4
January 1, 1994 126 15.75 189-126 25.2
January 1, 1995 130 16.25 195-130 26.0
_________________
When employees in through freight service become entitled to the local rate of pay under applicable conversion rules, the daily local freight differential (56 cents for conductors and engineers and 43 cents for brakemen and firemen under national agreements) will be added to their basic daily rates and the combined rate will be used as the basis for calculating hourly rates, including overtime. The local freight mileage differential (.56 cents per mile for conductors and engineers and .43 cents 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.
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 on or after November 1, 1985, 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.
All trainmen must accept promotion to conductor/foreman when offered by the railroad. Once promoted, trainmen, including those already promoted, will not be permitted to voluntarily relinquish conductor/foreman rights.
Except as modified hereby, existing rules and practices
governing promotion continue in effect.
Effective November 1, 1991, the meal allowance provided
for in Article II, Section 2, of the June 25, 1964 National Agreement,
as amended, is increased from $4.15 to $5.00. Effective November
1, 1994, such meal allowance shall be increased to $6.00.
interchange.
- - - - - - - -
Nothing in this Article is intended to restrict any of the existing rights of a carrier.
This Article shall become effective ten days from the date of this Implementing Document 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 of the October 31, 1985 Agreement, is amended as follows:
Section 4(b) of Article IX is renumbered Section 4© and a new Section 4(b) is hereby adopted:
(b) The carrier and the organization mutually commit
themselves to the expedited processing of negotiations concerning
interdivisional runs, including those involving running through
home terminals, and mutually commit themselves to request the
prompt appointment by the National Mediation Board of an arbitrator
when agreement cannot be reached.
This Implementing Document is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.
and any pending notices which propose such matters are hereby withdrawn.
SIGNED AT WASHINGTON, D.C., THIS 1st DAY
OF NOVEMBER, 1991.
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES REPRESENTED BY
LISTED IN EXHIBIT A: THE UNITED TRANSPORTATION
UNION:
______________________________ _______________________________
Chairman Assistant President
______________________________ _______________________________
______________________________ _______________________________
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES REPRESENTED BY
LISTED IN EXHIBIT A: (Con't) THE UNITED
TRANSPORTATION UNION:
______________________________ _______________________________
______________________________
______________________________
______________________________
______________________________
______________________________
______________________________
______________________________
November 1, 1991
#1
Mr. L. W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This confirms our understanding with respect to the effective date of various provisions of the Implementing Document of this date. Except where specifically stated otherwise, the Articles and Side Letters comprising this Implementing Document are considered in effect as of July 29, 1991, the date the Report and Recommendations of the Presidential Emergency Board, as clarified and modified, were imposed upon the parties as if reached through agreement under the Railway Labor Act.
Yours very truly,
C. I. Hopkins, Jr.
November 1, 1991
#2
Mr. L.W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This refers to the $2,000 lump sum payment provided for in Article I, Section 1 of this Implementing Document.
In the case of an employee who was recalled from reserve status and performed active military service during 1990 as a result of the Persian Gulf crisis, such employee will be credited with 5 days of compensated service for each week of such military service for purposes of calculating eligibility for the lump sum amount provided he would otherwise have been in active service for the carrier.
Very truly yours,
C. I. Hopkins, Jr.
November 1, 1991
#3
Mr. L.W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This refers to the Lump Sum Payment provided for in Article I, Section 1 of this Implementing Document.
This confirms our understanding that days during the year 1990 for which employees in a furloughed status received compensation pursuant to guarantees in protective agreements or arrangements shall be included in determining qualifications for the Lump Sum Payment.
Please indicate your agreement by signing your name in the space provided below.
Very truly yours,
I agree:
________________________
November 1, 1991
#4
Mr. L.W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This refers to the increase in wages provided for in Section 2 of Article I of this Implementing Document.
It is understood that the retroactive portion of that wage increase shall be applied only to employees who continued their employment relationship up to July 29, 1991 or who retired or died subsequent to July 1, 1991.
Please indicate your agreement by signing your name in the space provided below.
Very truly yours,
I agree:
______________________________
November 1, 1991
#5
Mr. L.W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This refers to the Lump Sum Payments provided in Articles I and II of this Implementing Document.
All of the lump sum payments provided for in Article II are based in part on the number of straight time hours paid for that are credited to an employee for a particular period. However, the number of straight time hours so credited does not include any such hours reported to the ICC as constructive allowances except vacations, holidays, paid sick leave and guarantees in protective agreements or arrangements.
The inclusion of the term "guarantees in protective agreements or arrangements" in Article II means that an employee receiving such a guarantee will have included in the straight time hours used in calculating his lump sum payments under this Article all such hours paid for under any protective agreement or allowance provided, however, that in order to receive credit for such hours an employee must not be voluntarily absent from work, meaning that hours are not counted if an employee does not accept calls to report for work.
It is understood that any lump sum payment provided in Articles
I and II will not be used to offset, construct or increase guarantees
in protective agreements or arrangements.
Please indicate your agreement by signing your name in the space provided below.
Very truly yours,
I agree:
___________________________
November 1, 1991
#6
Mr. L. W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This refers to the lump sum payments provided for in Article II of this Implementing Document.
Sections 1 to 4, inclusive, of Part A of Article II - Cost-of-Living Payments are structured so as to provide lump sum payments that are essentially based on the number of straight time hours credited to an employee during a specified 12-month base period. Section 8 provides that all of these lump sum 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 base period used to determine the amount of such payment. Thus, for example, under Section 1 of Part A of Article II, except for an employee who has retired or died, the agreement requires that an employee have an employment relationship as of July 1, 1992 in order to receive a lump sum payment which will be based essentially on the number of straight time hours credited to such employee during a period running from April 1, 1991 through March 31, 1992.
The intervals between the close of the measurement periods and the actual payments established in the 1985-86 National Agreements were in large part 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 measurement period will not be disqualified from receiving the lump sum (or portion thereof) provided for in the event his employment relationship is terminated following the last day of the measurement period but prior to the payment due date.
Very truly yours,
November 1, 1991
#7
Mr. L. W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This confirms our discussions with respect to the calculations of straight time hours in connection with the lump sum payments provided for in Article II of this Implementing Document.
It is understood that the straight time equivalent number of hours paid for at the overtime rate of pay for employees engaged in yard service or on runs the miles of which are not in excess of the number of miles encompassed in the basic day shall be included in such calculations.
Please indicate your agreement by signing your name in the space provided below.
Very truly yours,
I agree:
_________________________
November 1, 1991
#8
Negotiating Committee
Dear Mr. Swert:
This refers to Article III Part A of this Implementing Document dealing with the Railroad Employees National Health and Welfare Plan (the "Plan"), and in particular to one facet of the arrangements for funding the benefits provided for under the Plan.
It is understood that, insofar as carriers represented by the National Carriers' Conference Committee in connection with health and welfare matters but not in connection with wages and cost-of-living adjustments are concerned, the cost-of-living adjustments for 1992 and thereafter that may have already been agreed to by such carriers, or that may be agreed to in the future, shall be adjusted-unless the agreement involved, reached on an individual property basis, provides as a part of the wage settlement that the employees covered by it shall not share in any year-to-year increases in Plan costs-so that the employees covered by such agreements shall receive cost-of-living adjustments that are less (than they would otherwise receive) by an amount equal to the lesser of (i) one-quarter of the year-to-year increases in the carriers' payment rate for the foreign-to-occupation portion of health benefits under the Plan as defined in the Agreement referred to in the first paragraph of this letter and (ii) one-half of the amount, pro-rated where appropriate, they would otherwise receive.
If the parties involved are unable to reach agreement on the specific manner of making the adjustments, or on any other terms and conditions regarding the adjustments, it is understood that such dispute shall be submitted, upon the written notice by either party, to arbitration by a neutral arbitrator within thirty (30) days after such notice is transmitted by one party to the other. Should the parties involved fail to agree on selection of a neutral arbitrator within five (5) calendar days from the date the dispute is submitted to arbitration, either party may request the National Mediation Board to supply a list of at least five (5) potential arbitrators, from which the parties shall choose the arbitrator by alternatively striking names from the list. Neither party shall oppose or make any objection to the NMB concerning a request for such a panel. The fees and expenses of the neutral arbitrator should be borne equally by the parties, and all other expenses should be paid for by the party incurring them. The arbitrator shall conduct a hearing within thirty (30) calendar days from the date on which the dispute is assigned to him or her. Each party shall deliver all statements of fact, supporting evidence and other relevant information in writing to the arbitrator and to the other party, no later than five (5) working days prior to the date of the hearing. The arbitrator shall not accept oral testimony at the hearing, and no transcript of the hearing shall be made.
Each party, however, may present oral arguments at the hearing through its counsel or other designated representative. The arbitrator must render a written decision, which shall be final and binding, within thirty (30) calendar days from the date of the hearing.
Please indicate your agreement by signing your name in the space provided below.
Very truly yours,
I agree:
___________________________
November 1, 1991
#9
Mr. L. W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This refers to our discussion of application of the recommendations of PEB 219, promotion/retention of seniority, which are contained in Article V of this Implementing Document, to employees who established train service seniority prior to November 1, 1985, but who either have not been promoted to conductor or who relinquished their conductor rights.
You were given assurance that when such employees are called up for promotion the carriers will cooperate in furnishing such assistance as may be appropriate in preparing them to take the promotional examination. This could include up to three follow-up examinations, verbal coaching or examinations, additional study materials or other preparatory assistance appropriate to the circumstances of the individual cases.
If it still develops that, despite his best efforts, such an employee cannot qualify as a conductor, he may be permitted to continue to work in train service provided that his retention does not result in the carrier being required under existing rules to utilize a surplus (unnecessary) employee; fill or cause to be filled a position which otherwise would be blanked under a crew consist agreement; nor cause the creation or the continuation of a reserve pool position or any other protective position. During periods when he does not stand to hold a position because any of these conditions exist he will be furloughed.
Any train service employee continued in service under these conditions
who is subject to the provisions of any protective agreement or
arrangement will be treated as occupying the conductor position
with the highest earnings which his conductor seniority, if it
had been established, would have permitted him to hold.
Please indicate your agreement by signing your name in the space provided below.
Yours very truly,
C. I. Hopkins, Jr.
I agree:
___________________________
November 1, 1991
#10
Mr. L. W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This confirms our discussions with respect to Article VII - Road/Yard Work of this Implementing Document.
It is understood that, except as modified in Section 1 © of Article VII, such Article does not change, alter or amend existing interpretations regarding over-the-road solid run-through train operations.
Please indicate your agreement by signing your name in the space provided below.
Very truly yours,
C. I. Hopkins, Jr.
I agree:
_________________________
November 1, 1991
#11
Negotiating Committee
Dear Mr. Swert:
This confirms our discussion concerning Article VIII - Special Relief of this Implementing Document, particularly, the 14 day advance notice provision required before implementing any such special relief service.
We agreed that in most situations there will be ample opportunity, between the time that a special service need arises and when it must be implemented in order to retain or obtain a customer, to meet the 14 day notice requirement. In fact, in situations where practicable the carriers should provide more advance notice in order to enhance the opportunity for agreement with the appropriate General Chairmen.
However, we also recognized that situations may arise where it is impossible to provide 14 days' advance notice without losing or substantially risking the loss of a customer or new business. It was understood that in such a case it is not the intent of Article VIII to bar a carrier from pursuing business opportunities. Accordingly, the carrier will furnish as much advance notice as possible in such a situation; observe the remaining provisions of Article VIII, and bear the additional burden of proving that a notice period of less than 14 days was necessary.
If, in the opinion of the organization, this relaxed notice exception
has been abused, the parties agree to confer and consider methods
to eliminate such abuse, including the possibility of elimination
of this exception.
Please indicate your agreement by signing your name in the space
provided below.
Yours very truly,
I agree:
_____________________________
L. W. Swert
November 1, 1991
#12
Mr. L. W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
The provisions of the Report and Recommendations of PEB No. 219, as clarified and modified by the Special Board, providing for a pay differential for engineers, shall apply to employees when working as engineers on railroads where the United Transportation Union has been recognized or has been certified by the National Mediation Board as the authorized bargaining representative for the engineer craft, as set forth below:
Section 1 - Payment
Section 2
Section 3
Prior to November 1, 1994, the special pay differential will continue to be paid to otherwise eligible engineers, notwithstanding the provisions of any agreement any carrier may enter into subsequent to the date of this letter to eliminate productivity funds for crew consist protected trainmen pursuant to a crew consist agreement or to substitute "up-front" allowances in lieu thereof. On and after November 1, 1994, engineers will be eligible for the special pay differential only if they meet the conditions set forth in Section 2 above.
Section 4
This Side Letter is not applicable on a carrier that has an agreement with the organization adjusting the compensation of engineers in response to the change in compensation relationships between engineers and other members of the crew brought about by crew consist agreements unless the appropriate General Chairman elects to adopt this Side Letter in lieu of the pay adjustments (including personal leave days) provided in such agreement. Such election must be exercised on or before November 20, 1991. If such election is made, the provisions of this Side Letter will become effective on that property on December 1, 1991, however, such local agreements concerning matters other than pay adjustments shall be retained.
Please indicate your agreement by signing your name in the space provided below.
Yours very truly,
___________________________
L. W. Swert
November 1, 1991
#13
Mr. L. W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This confirms our discussion of crew consist.
It is understood and agreed that the parties' respective
positions on crew consist are preserved without prejudice including
specifically their respective positions as to the meaning and
effect of the report and recommendations of PEB 219 as interpreted
and clarified by the Special Board under PL 102-29 and as to the
currently pending litigation in the U.S. District Court for the
District of Columbia.
Very truly yours,
I agree:
_________________________
L. W. Swert
November 1, 1991
#14
Mr. L.W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This confirms our understanding with respect to this Implementing Document.
The parties exchanged various proposals and drafts antecedent to adoption of the various Articles that appear in this Implementing Document. 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 Implementing Document will be interpreted and applied as though such proposals and drafts had not been used or exchanged in the negotiation.
Please indicate your agreement by signing your name in the space provided below.
Very truly yours,
______________________________
L.W. Swert
November 1, 1991
#15
Mr. L.W. Swert
Assistant President and Chairman,
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This confirms our understanding that the provisions of Document "B" of the Implementing Document 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 indicate your agreement by signing your name in the space provided below.
Very truly yours,
______________________________
L.W. Swert
November 1, 1991
#16
Dear Sir:
By signing the implementation document, BN and UTU
do not waive and continue to retain their respective legal positions
in the pending litigation styled American Train Dispatchers
Ass'n, et al. v. Burlington Northern R.R., No. 91-1743
(JHP) (D.D.C.), appeal pending D.C. Cir., including appeals.
Very truly yours,
ACKNOWLEDGED:
________________________________
THIS IMPLEMENTING DOCUMENT identified as Document
"B", made this 1st day of November, 1991
by and between the participating carriers listed in Exhibit B,
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 Yardmasters
Department, United Transportation Union, witnesseth:
ARTICLE I - WAGES
Section 1 - Lump Sum Payment
Each employee subject to this Implementing Document who rendered compensated service on a sufficient number of days during the calendar year 1990 to qualify for an annual vacation in the calendar year 1991 will be paid $2,000. Those employees who rendered compensated service on an insufficient number of days during the calendar year 1990 to qualify for an annual vacation in the calendar year 1991 will be paid a proportional share of that amount. This Section shall be applicable solely to those employees subject to this Implementing Document who had an employment relationship as of July 29, 1991 or who have retired or died subsequent to January 1, 1990. There shall be no duplication of lump sum payments by virtue of employment under an agreement with another organization.
Section 2 - First General Wage Increase
Effective July 1, 1991, each basic monthly rate of pay in effect on June 30, 1991 for employees covered by this Implementing Document shall be increased in the amount of three (3) percent representing a general wage increase. Where basic monthly rates are not in effect, an equivalent adjustment shall be made.
Section 3 - Second General Wage Increase
Effective July 1, 1993, each basic monthly rate of pay in effect on June 30, 1993 for employees covered by this Implementing Document shall be increased in the amount of three (3) percent representing a general wage increase. Where basic monthly rates are not in effect, an equivalent adjustment shall be made.
Section 4 - Third General Wage Increase
Effective July 1, 1994, each basic monthly rate of pay in effect on June 30, 1994 for employees covered by this Implementing Document shall be increased in the amount of four (4) percent representing a general wage increase. Where basic monthly rates are not in effect, an equivalent adjustment shall be made.
Section 5 - Application of Wage Increase
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.
ARTICLE II - COST-OF-LIVING PAYMENTS
PART A - Cost-of-Living Lump Sum Payments Through January 1, 1995
Section 1 - First Lump Sum Cost-of-Living Payment
Subject to Sections 6 and 7, employees with 2,000 or more straight time hours paid for (not including any such hours reported to the Interstate Commerce Commission as constructive allowances except vacations, holidays and guarantees in protective agreements or arrangements) during the period April 1, 1991 through March 31, 1992, will receive a lump sum payment on July 1, 1992 of $1,338.00.
Section 2 - Second Lump Sum Cost-of-Living Payment
Subject to Sections 6 and 7, employees with 1,000 or more straight time hours paid for (not including any such hours reported to the ICC as constructive allowances except vacations, holidays and guarantees in protective agreements or arrangements) during the period April 1, 1992 through September 30, 1992, will receive a lump sum payment on January 1, 1993 equal to the difference between (i) $1,338.00, and (ii) the lesser of $669.00 and one quarter of the amount, if any, by which the carriers' 1993 payment rate for foreign-to-occupation health benefits under the Railroad Employees National Health and Welfare Plan (the "Plan") exceeds the sum of (a) the amount of such payment rate for 1992 and (b) the amount per covered employee that will be taken during 1993 from that certain special account maintained at The Travelers Insurance Company known as the "Special Account Held in Connection with the Amount for the Close-Out Period" (the ("Special Account") to pay or provide for Plan foreign-to-occupation health benefits.
Section 3 - Third Lump Sum Cost-of-Living Payment
Subject to Sections 6 and 7, employees with 2,000 or more straight time hours paid for (not including any such hours reported to the ICC as constructive allowances except vacations, holidays and guarantees in protective agreements or arrangements) during the period October 1, 1992 through September 30, 1993, will receive a lump sum payment on January 1, 1994 equal to the difference between (i) $1,378.00, and (ii) the lesser of $689.00 and one quarter of the amount, if any, by which the carriers' 1994 payment rate for foreign-to-occupation health benefits under the Plan exceeds the sum of (a) the amount of such payment rate for 1993 and (b) the amount per covered employee that will be taken during 1994 from the Special Account to pay or provide for Plan foreign-to-occupation health benefits.
Section 4 - Fourth Lump Sum Cost-of-Living Payment
Subject to Sections 6 and 7, employees with 2,000 or more straight time hours paid for (not including any such hours reported to the ICC as constructive allowances except vacations, holidays and guarantees in protective agreements or arrangements) during the period October 1, 1993 through September 30, 1994, will receive a lump sum payment on January 1, 1995 equal to the difference between (i) $955.00, and (ii) the lesser of $478.00 and one quarter of the amount, if any, by which the carriers' 1995 payment rate for foreign-to-occupation health benefits under the Plan exceeds the amount of such payment rate for 1994.
Section 5 - Definition of Payment Rate for Foreign-to-Occupation Health Benefits
The carrier's payment rate for any year for foreign-to-occupation health benefits under the Plan shall mean twelve 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 hereof.
Section 6 - Employees Working Less Than Full-Time
For employees who have fewer straight time hours (as defined) paid for in any of the respective periods described in Sections 1 through 4 than the minimum number set forth therein, the dollar amounts specified in clause (i) thereof shall be adjusted by multiplying such amounts by the number of straight time hours (including vacations, holidays and guarantees in protective agreements or arrangements) for which the employee was paid during such period divided by the defined minimum hours. For any such employee, the dollar amounts described in clause (ii) of such Sections shall not exceed one-half of the dollar amounts specified in clause (i) thereof, as adjusted pursuant to this Section.
Section 7 - Lump Sum Proration
In the case of any employee subject to wage progression or entry rates, the dollar amounts specified in clause (i) of Sections 1 through 4 shall be adjusted by multiplying such amounts by the weighted average entry rate percentage applicable to wages earned during the specified determination period. For any such employee, the dollar amounts described in clause (ii) of such Sections shall not exceed one-half of the dollar amounts specified in clause (i) thereof, as adjusted pursuant to this Section.
Section 8 - Eligibility for Receipt of Lump Sum Payments
The lump sum cost-of-living payments provided for
in this Article will be payable to each employee subject to this
Implementing Document 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 base period used to determine
the amount of such payments. There shall be no duplication of
lump sum payments by virtue of employment under an agreement with
another organization.
PART B - Cost-of-Living Allowance and Adjustments Thereto After January 1, 1995
Section 1 - Cost-of-Living Allowance and Effective Dates of Adjustments Thereto
Effective Date
Base Month
Measurement Month of Adjustment
September 1994 March 1995 July 1, 1995
March 1995 September 1995 January 1,
1996
Measurement Periods and Effective Dates conforming to the above schedule shall be applicable for all years subsequent to those specified during which this Article is in effect.
Effective Date
Maximum CPI Increase That of Adjustment May Be Taken
Into Account
July 1, 1995 3% of September 1994 CPI
January 1, 1996 6% of September 1994
CPI, less the increase from September 1994 to March 1995
Effective Dates of Adjustment and Maximum CPI Increases conforming to the above schedule will be applicable to periods subsequent to those specified above during which this Article is in effect.
Section 2 - Payment of Cost-of-Living Allowances
Section 3 - Application of Section 1 Cost-of-Living Allowances
The cost-of-living allowance provided for in this Part 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.
Section 4 - Continuation of Part B
The arrangements set forth in Part B 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 - INCORPORATION OF OTHER ARTICLES
Article III and Article VII, Section 2(a) of Document
"A", to the extent applicable, are hereby incorporated
as a part of this Implementing Document.
ARTICLE IV - GENERAL PROVISIONS
Section 1 - Court Approval
This Implementing Document is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.
Section 2 - Effect of this Implementing Document
SIGNED AT WASHINGTON, D.C., THIS 1st DAY
OF November, 1991.
FOR THE PARTICIPATING CARRIERS FOR THE EMPLOYEES REPRESENTED BY
LISTED IN EXHIBIT A: THE YARDMASTERS
DEPARTMENT, UNITED TRANSPORTATION UNION:
______________________________ _______________________________
Chairman Assistant President
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________
______________________________
FOR THE PARTICIPATING CARRIERS
LISTED IN EXHIBIT A: (Con't)
______________________________
______________________________
______________________________
______________________________
______________________________
November 1, 1991
#1
Mr. L. W. Swert
Assistant President and Chairman
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This confirms our understanding that Side Letters Nos. 1, 2, 3, 4, 5, 6, 8, 14, 15 and 16 of Document "A" are hereby incorporated as part of this Implementing Document.
Please indicate your agreement by signing your name in the space provided below.
Very truly yours,
__________________
L. W. Swert
November 1, 1991
#2
Mr. L. W. Swert
Assistant President and Chairman
Negotiating Committee
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Swert:
This refers to discussions at conference with respect to employees represented by the United Transportation Union who, during a vacation qualifying year, work part of the time as a Yardmaster, part of the time in Train or Engine Service and/or part of the time under a vacation agreement covering another class or craft.
The carriers agree that in such instances, if the employee fails to render sufficient compensated service in a qualifying year to qualify for vacation either under the Yardmaster Agreement, the Operating Employees Agreement, or under the agreement applicable to such other craft or class, all such compensated service shall be combined for vacation qualifying purposes, and there shall be applied to him the provisions of vacation rules, including rates of pay, applicable to the craft or class in which he rendered the preponderance of his compensated service in the qualifying year.
All compensation earned by the employee in the qualifying year will be included in computing the vacation compensation due in accordance with the applicable agreement provisions under which the vacation is granted.
Please indicate your agreement by signing your name in the space provided below.
Very truly yours,
__________________
L. W. Swert
THIS IMPLEMENTING DOCUMENT identified as Document
"C", made this 1st day of November, 1991
by and between the participating carriers listed in Exhibit B,
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 Yardmasters
Department, United Transportation Union, witnesseth:
The October 31, 1978 Supplemental Sickness Benefit Agreement, as amended effective July 1, 1982 (Sickness Agreement), shall be further amended as follows for periods of disability commencing on or after the date of this Implementing Document.
Section 1 - Adjustment of Plan Benefits
Section 2 - Plan Benefits During Initial Registration Period
An employee who is eligible to receive Plan benefits during his initial RUIA registration period shall receive from the Plan, for the fifth through the fourteenth days of disabilit