SIDE LETTER NO. 1
UNION PACIFIC RAILROAD COMPANY
Mr G A Eickmann
General Chairman UTU(C&T)
Dear Sir:
This refers to our discussions concerning Article III, Section 2 of the Modified Crew Consist Agreement effective February 1, 1992 amending the Crew Consist Agreement of June 29, 1984.
Section 2 refers to "Employees who are in engine service" who return to train service and provides certain benefits to those employee. A question has arisen as to which "engine service" employee are being referred to.
Article XIII, Section 2, of the October 31, 1985 UTU National Agreement provides for the establishing of Brakeman's seniority for engine service employee who did not hold it on November 1, 1985, and those who entered engine service after that date who had not first established seniority as a trainman. The Agreement states further:
"... such employe shall not, by such placement, be given any "present or protected employe" rights under present crew consist agreements or any negotiated in the future "
Based on this language it was agreed that Article III, Section 2, of the February 1, 1992, Agreement referred to brakemen who had crew consist rights prior to entering engine service or were post October 31, 1985, employee who were in train service prior to entering engine service and would have been covered by this Agreement had they not done so. In any event it does not refer to engine service employee who obtained train service dates under Article XIII, Section 2, of the October 31, 1985 Agreement.
Yours truly,
/s/ W. S. Hinckley
Director - Labor Relations
AGREED:
/s/ G. A. Eickmann
General Chairman, UTU-C&T
General Chairman UTU(C&T)
Dear Sir:
This refers to our discussions concerning Article III, Section 2 of the Modified Crew Consist Agreement effective February 1, 1992 amending the Crew Consist Agreement of June 29, 1984.
Section 2 refers to "Employees who are in engine service" who return to train service and provides certain benefits to those employee. A question has arisen as to which "engine service" employee are being referred to.
Article XIII, Section 2, of the October 31, 1985 UTU National Agreement provides for the establishing of Brakeman's seniority for engine service employee who did not hold it on November 1, 1985, and those who entered engine service after that date who had not first established seniority as a trainman. The Agreement states further:
"... such employe shall not, by such placement, be given any "present or protected employe" rights under present crew consist agreements or any negotiated in the future "
Based on this language it was agreed that Article III, Section 2, of the February 1, 1992, Agreement referred to brakemen who had crew consist rights prior to entering engine service or were post October 31, 1985, employee who were in train service prior to entering engine service and would have been covered by this Agreement had they not done so. In any event it does not refer to engine service employee who obtained train service dates under Article XIII, Section 2, of the October 31, 1985 Agreement.
Yours truly,
/s/ W. S. Hinckley
Director - Labor Relations
AGREED:
/s/ G. A. Eickmann
General Chairman, UTU-C&T
