Dear Member:
On behalf of the Officers, and the members of SMART Local 506, I welcome you. You are among over 125,000 active and retired railroad, bus and mass transit workers in the United States and Canada.
For some of you this may well be your first union experience and the material on this web site is for your benefit. It was prepared to ease your uncertainty and outline for you our union, its function and how it works on behalf of the membership. We feel very strongly about membership participation because of our firm belief that "the members are the union."
As your leadership, we are committed to bringing strong and effective union representation to your workplace. We are also committed to extending ourselves beyond the scope of the union bargaining table and into the community. We do this because our members interests should, and do, reach far beyond the workplace and out into our neighborhoods and communities.
The wages and benefits provided in your contract were not given to you by your employer. They are the result of a process called "collective bargaining" between your union and your employer. Your union agreement contains all of your rights and privileges. Guard them zealously. Your union contract is your security. In addition to providing you with the best possible wages, benefits and working conditions in our industry, above all it enables you to have pride and dignity on the job and as a professional.
If you are happy with your union, tell a friend; if you become unhappy with your job, tell your union. We stand ready to serve your needs.
Fraternally and Sincerely,
Chris Walls, Rusty Beames, Chad Henton, Brian McHugh, and Kevin Mchugh
On behalf of the Officers, and the members of SMART Local 506, I welcome you. You are among over 125,000 active and retired railroad, bus and mass transit workers in the United States and Canada.
For some of you this may well be your first union experience and the material on this web site is for your benefit. It was prepared to ease your uncertainty and outline for you our union, its function and how it works on behalf of the membership. We feel very strongly about membership participation because of our firm belief that "the members are the union."
As your leadership, we are committed to bringing strong and effective union representation to your workplace. We are also committed to extending ourselves beyond the scope of the union bargaining table and into the community. We do this because our members interests should, and do, reach far beyond the workplace and out into our neighborhoods and communities.
The wages and benefits provided in your contract were not given to you by your employer. They are the result of a process called "collective bargaining" between your union and your employer. Your union agreement contains all of your rights and privileges. Guard them zealously. Your union contract is your security. In addition to providing you with the best possible wages, benefits and working conditions in our industry, above all it enables you to have pride and dignity on the job and as a professional.
If you are happy with your union, tell a friend; if you become unhappy with your job, tell your union. We stand ready to serve your needs.
Fraternally and Sincerely,
Chris Walls, Rusty Beames, Chad Henton, Brian McHugh, and Kevin Mchugh
Conductor Only Moves
Remember, maximum of three (3) work events, conductor-only. No limit to work events if crew has a brakeman.
A WORK EVENT IS:
WORK EVENT PERMISSIBLE SITUATIONS:
A WORK EVENT IS NOT:
DISPUTED WORK EVENT ISSUES BETWEEN GENERAL CHAIRMAN and LABOR RELATIONS:
It was agreed that no employee to be disciplined or censured for taking UTU’s position during the period of the dispute.
REPOSITIONING CARS PER OPERATING RULE(S) REQUIREMENT ACCOUNT LOCATED IN UNSAFE POSITION IN TRAIN:
It was agreed between the General Chairman and Labor Relations that this re-positioning work would not be considered a work event if a conductor-only crew was required to re-align a car(s) en-route provided it was the result of an unforeseen detection occurring enroute, which caused the unsafe train operation.
However, it was also understood that if the work to be performed enroute (pickup and/or setout) is known in advance, the train consist must be properly lined to operate out of the initial terminal to accommodate that work. Otherwise if the necessary re-alignment is not performed at the initial terminal and is performed enroute, a brakeman will be called. Basically, if they make you leave with a bad train and tell you to fix it 'down the road', you HAVE TO HAVE A BRAKEMAN!
A WORK EVENT IS:
- A straight pickup (all cars coupled together and first out in track)
- It has been interpreted that to pick up cars to 3 separate places in train is 3 work events whether at 1, 2, or 3 stations
- A straight setout (all cars coupled together placed first out in track. If not coupled, each joint is 1 move. )
WORK EVENT PERMISSIBLE SITUATIONS:
- Straight pickup, first out, coupled together, whether or not hangs onto cars - 1 w/e
- Straight setout, first out, coupled together, whether or not hangs onto cars - 1 w/e
- Multiple pickups at one location - 1 w/e each
- Multiple setouts at one location, not together in train - 1 w/e each
- Setout and pickup at one location - 2 w/e
- Straight pickup of cars, but not coupled together - each coupling = 1 w/e
A WORK EVENT IS NOT:
- A setout of a bad order(s)
- A pickup of locomotive(s) (there is a claim for handling power not associated with you train)
- A setout of locomotive(s)
- An exchange of locomotive(s)
- Any work done at the initial or final terminal
- Hanging on to cars to make a straight pickup or setout (but the straight pickup or straight setout itself IS a work event)
- Receiving train at intermediate point when locomotive remains attached
- Relinquishing train at intermediate point when locomotive remains attached
- Doubling train when receiving track too short to hold entire train
- Cutting or coupling train on road crossings
- Coupling or handling air hose
- Performing air tests
- Yarding train at initial or final terminal
- Handling or installing rear-end devices (EOT’s) (There is a 2 hour penalty)
- Preparing reports
- Utilization of on-board computer
- Communicating (regardless of method) information to NCSC
- Boarding and getting off trains
- Setting or removing handbrakes (Do this BEFORE you go dead!!! per the FRA)
- Cutting in / out helper units
DISPUTED WORK EVENT ISSUES BETWEEN GENERAL CHAIRMAN and LABOR RELATIONS:
It was agreed that no employee to be disciplined or censured for taking UTU’s position during the period of the dispute.
- STRAIGHT PICKUP COUPLED TOGETHER, BUT NOT FIRST OUT (UPRR’s position is 2 work events) (UTU’s position is brakeman is required; REFUSE if conductor-only)
- NECESSARY DOUBLE-OVER OF TRACKS WHEN PICKING UP OR SETTING OUT CARS AND THE UNIT CONSIST IS NOT LEFT WITH THE PICKUP OR SETOUT (UPRR’s position is 1 work event) (UTU’s position is 1 work event for each track used)
- NECESSARY DOUBLING OF A HILL (UPRR’s position is 1 work event) ( UTU’s position is 2 work events)
REPOSITIONING CARS PER OPERATING RULE(S) REQUIREMENT ACCOUNT LOCATED IN UNSAFE POSITION IN TRAIN:
It was agreed between the General Chairman and Labor Relations that this re-positioning work would not be considered a work event if a conductor-only crew was required to re-align a car(s) en-route provided it was the result of an unforeseen detection occurring enroute, which caused the unsafe train operation.
However, it was also understood that if the work to be performed enroute (pickup and/or setout) is known in advance, the train consist must be properly lined to operate out of the initial terminal to accommodate that work. Otherwise if the necessary re-alignment is not performed at the initial terminal and is performed enroute, a brakeman will be called. Basically, if they make you leave with a bad train and tell you to fix it 'down the road', you HAVE TO HAVE A BRAKEMAN!
When do you need a brakeman?
BRAKEMAN REQUIRED IN THESE SITUATIONS: (Standard Crew)
Brakeman must make entire trip as a member of the crew; UPRR is not allowed to convert a reduced crew to a standard crew in middle of shift (or vice versa) (per 1984 Crew Consist Agreement Article II Sect 6). It is not permissible under the agreement to have a brakeman meet a conductor enroute.
If you are required to have a brakeman and one is NOT provided, you don't leave the terminal. Call your Local Chairman and if he's not available, call the General Chairman's office.
- Work Train Service (includes derrick / wrecker operations)
- Even if it's a 'GPS' dump, you HAVE to have a brakeman. Also if you are called for a work train that is unloading/loading equipment, you need a brakeman if they expect you at any point to change directions.
- Short Turnaround (going straight toTopeka or Hutchinson for a train-- not an hours of service move) (NOT DOGCATCHING!!!!! No brakeman needed IF train actually went dead on Hours of Service. If not, then it's a Short-turnaround)
- Includes made-up (wild) crew taking train to intermediate point and return to terminal either by working or deadheading
- Includes made-up (wild) crew handling engine to intermediate point to get train and returning to starting point
- Exception: Conductor-Only may be used to dogcatch these trains if relieving a crew with brakeman; subject to work event limitations defined above (any work to be performed that could be deemed "general switching" would require a brakeman on the relief crew)
- Any time General Switching is required
Brakeman must make entire trip as a member of the crew; UPRR is not allowed to convert a reduced crew to a standard crew in middle of shift (or vice versa) (per 1984 Crew Consist Agreement Article II Sect 6). It is not permissible under the agreement to have a brakeman meet a conductor enroute.
If you are required to have a brakeman and one is NOT provided, you don't leave the terminal. Call your Local Chairman and if he's not available, call the General Chairman's office.
When you kick for ANY amount of extra rest, keep in mind that the LAST 2 hours of XR is NOT Undisturbed, meaning they can call you for an on duty time that is equal to your XR end time. For example:
You tie up after 10 hours on duty at 1900. Your normal rest would be 10 hours (0500). So they could call you at 0500 for 0700 (we get a 2 hour call). You kick for 4 hours of extra rest. So the computer will show you in XR until 0900, BUT the last 2 hours are not undisturbed, so at 0700 they can call you for 0900. If they run your turn out in this time frame without calling you, you are due a CMS mishandle, 'make whole' claim. You should get paid the entire round trip. If you kick and ARE NOT OFF in excess of 12 hours, you should be called. Any XR in excess of 12 hours total time off is considered laying off BUT cannot be used against you for attendance issues.
Extra board. If you kick, you've laid off and will lose a day, regardless of how much time you kick for. MYUP does NOT accurately show you at the bottom of the board, but that is where you will drop.
You tie up after 10 hours on duty at 1900. Your normal rest would be 10 hours (0500). So they could call you at 0500 for 0700 (we get a 2 hour call). You kick for 4 hours of extra rest. So the computer will show you in XR until 0900, BUT the last 2 hours are not undisturbed, so at 0700 they can call you for 0900. If they run your turn out in this time frame without calling you, you are due a CMS mishandle, 'make whole' claim. You should get paid the entire round trip. If you kick and ARE NOT OFF in excess of 12 hours, you should be called. Any XR in excess of 12 hours total time off is considered laying off BUT cannot be used against you for attendance issues.
Extra board. If you kick, you've laid off and will lose a day, regardless of how much time you kick for. MYUP does NOT accurately show you at the bottom of the board, but that is where you will drop.
SEEKING ANOTHER ASSIGNMENT (Applications and Bulletins):
Aside from the bumping process, there are two ways that one is able to obtain another assignment; these are the "Application" process and the "Bulletin" process. While they are in essence the same thing, the basic difference is that an Application is kept on file indefinitely (*), whereas a Bulletin is for six days; 3 days for yard jobs.
A Bulletin is supposed to be posted in a book provided for that purpose for assigned service jobs, locals and yard.
An Application is for a pool freight position, an extra board, transferring between road and yard. Applications are kept in the computer indefinitely, i.e., until you pull down your own application.
Applications are listed in order of your preference. One needs to be aware that, once assigned per an application, such is binding upon the individual to accept. An application may be pulled down at any time, unless it is during the phone call CMS makes to the individual notifying him of the new assignment. Moral of story: pull down applications you do not want. Also, applications are supposed to be honored only if they were on file prior to the vacancy developing. (If you are where you want to be, take your bids off)
Every year all assigned service jobs are re-bulletined on what is known as the Annual Bulletin. (Sadie Hawkins day) June 1,Bulletins are to be posted six days prior. In all bulletins one must note the date and time of closing, as there is no specific rule on any set closing time, although it is usually 10:00 A.M. Just let me know what you want to do.
Other ways that an individual can change jobs involve an extra conductor giving up the extra board, which may be done at any time after 30 days on the extra board. Such person must then displace the junior conductor in the freight pool of his choice A pool freight conductor may not throw up his pool turn and place on the extra board. If a move displaces someone, you are held on that turn for 60 days. You may bid tounassigned turn, then back to extra board as you wish (not agreement language, but has always been allowed--"past practice").
An application between road and yard has to be honored within 17 days of filing (provided the 120 day rule has been fulfilled) or else the employee is entitled to the earnings of where he wants to go in addition to what he is making. CMS learned this one the hard way a number of years ago, so they now are usually very efficient in honoring those requests.
The only way to go from the xk30 to the xc30, or vice versa, is if you are displaced from one or if you have a bid and you are added to the other. There is not 'giving it up after 30 days' move to be made, unless you want to go to a pool turn.
Aside from the bumping process, there are two ways that one is able to obtain another assignment; these are the "Application" process and the "Bulletin" process. While they are in essence the same thing, the basic difference is that an Application is kept on file indefinitely (*), whereas a Bulletin is for six days; 3 days for yard jobs.
A Bulletin is supposed to be posted in a book provided for that purpose for assigned service jobs, locals and yard.
An Application is for a pool freight position, an extra board, transferring between road and yard. Applications are kept in the computer indefinitely, i.e., until you pull down your own application.
Applications are listed in order of your preference. One needs to be aware that, once assigned per an application, such is binding upon the individual to accept. An application may be pulled down at any time, unless it is during the phone call CMS makes to the individual notifying him of the new assignment. Moral of story: pull down applications you do not want. Also, applications are supposed to be honored only if they were on file prior to the vacancy developing. (If you are where you want to be, take your bids off)
Every year all assigned service jobs are re-bulletined on what is known as the Annual Bulletin. (Sadie Hawkins day) June 1,Bulletins are to be posted six days prior. In all bulletins one must note the date and time of closing, as there is no specific rule on any set closing time, although it is usually 10:00 A.M. Just let me know what you want to do.
Other ways that an individual can change jobs involve an extra conductor giving up the extra board, which may be done at any time after 30 days on the extra board. Such person must then displace the junior conductor in the freight pool of his choice A pool freight conductor may not throw up his pool turn and place on the extra board. If a move displaces someone, you are held on that turn for 60 days. You may bid tounassigned turn, then back to extra board as you wish (not agreement language, but has always been allowed--"past practice").
An application between road and yard has to be honored within 17 days of filing (provided the 120 day rule has been fulfilled) or else the employee is entitled to the earnings of where he wants to go in addition to what he is making. CMS learned this one the hard way a number of years ago, so they now are usually very efficient in honoring those requests.
The only way to go from the xk30 to the xc30, or vice versa, is if you are displaced from one or if you have a bid and you are added to the other. There is not 'giving it up after 30 days' move to be made, unless you want to go to a pool turn.
Pool Vancancies
Only pool turns that are known vacancies of 10 or more days can be temped. (UPED Road Schedule. rule 45)
Yard Vacancies
Only yard turns/locals with known vacancies of 5 or more days can be temped.
Only pool turns that are known vacancies of 10 or more days can be temped. (UPED Road Schedule. rule 45)
Yard Vacancies
Only yard turns/locals with known vacancies of 5 or more days can be temped.
Eastern District Agreement RULE 44. TEMPORARY VACANCIES--ASSIGNED FREIGHT SERVICE.
(a)
(1) All temporary vacancies in assigned freight service known to be of more than 5 days duration, or temporary vacancies that have been filled from the extra board for 5 days will be assigned to senior conductor or brakeman making application therefor.
(2) Extra conductors will not be assigned to temporary vacancy until after it has been filled as provided by Rule 43.
(3) Extra brakemen will not be assigned to temporary vacancies known to be of more than 5 days duration until the vacancy has been filled from the extra board for period of 5 days.
(2) Extra conductors will not be assigned to temporary vacancy until after it has been filled as provided by Rule 43.
(3) Extra brakemen will not be assigned to temporary vacancies known to be of more than 5 days duration until the vacancy has been filled from the extra board for period of 5 days.
(b) Extra conductor or brakeman assigned to a temporary vacancy in accordance with Section (a) of this rule, will remain on the vacancy until displaced through no fault of his own, unless he is senior applicant for vacancy occurring on another assignment.
Note: See Appendix "A" - Items 44, 44(a) and 44(b).
(c) Regularly assigned conductor or brakeman assigned to a temporary vacancy may return to his regular assignment after expiration of six days notice to proper officer and will not thereafter be permitted to return to such vacancy.
(d) Extra conductors and brakemen will be used to fill assigned runs during period of bulletin and until regular men are assigned subject to provisions of Sections (a) and (b) of this rule and Rule 93(b).
(e) Not more than one deadhead movement in each direction will be paid in filling a temporary vacancy.
Note: See Appendix "A" - Items 18, 44(c), 44(c-1), 44(d), 44(e) and 44(f).
Note: See Appendix "A" - Items 44, 44(a) and 44(b).
(c) Regularly assigned conductor or brakeman assigned to a temporary vacancy may return to his regular assignment after expiration of six days notice to proper officer and will not thereafter be permitted to return to such vacancy.
(d) Extra conductors and brakemen will be used to fill assigned runs during period of bulletin and until regular men are assigned subject to provisions of Sections (a) and (b) of this rule and Rule 93(b).
(e) Not more than one deadhead movement in each direction will be paid in filling a temporary vacancy.
Note: See Appendix "A" - Items 18, 44(c), 44(c-1), 44(d), 44(e) and 44(f).
Click HERE to see the flowchart.
Be careful where you go. Wichita and Herington are in zone 3. If you bid to Salina (different zone) and you could hold Wichita or Herington, you could be held in that zone for 120 days. Also watch your moves to the yard. If you bid a yard job, you are there for 120 days (you may however go to the xk30 board). There is a lot of complications involved here, so when in doubt call your local chairman. Extra boards can be bid to to 'unlock' you from a location. But you can only go to them when the board has been increased; not simply because someone may have left the board for another job.
Be careful where you go. Wichita and Herington are in zone 3. If you bid to Salina (different zone) and you could hold Wichita or Herington, you could be held in that zone for 120 days. Also watch your moves to the yard. If you bid a yard job, you are there for 120 days (you may however go to the xk30 board). There is a lot of complications involved here, so when in doubt call your local chairman. Extra boards can be bid to to 'unlock' you from a location. But you can only go to them when the board has been increased; not simply because someone may have left the board for another job.
SMART Discipline Income Protection Program: It Pays.
What is the Discipline Income Protection Program?
It is a plan providing payment for a specific amount and period of time to an employee suspended, dismissed or removed from service by the carrier for alleged violation of rules or operating procedures, provided that such violations do not come within the list of exceptions not covered by the program.
What benefits are paid?
You choose the level of benefits you want, from $6 to $200 per day, all at low monthly assessments. The term of benefits, from 200 to 365 days, depends on how long you have been enrolled in the program.
Who sponsors the program?
SMART sponsors the Discipline Income Protection Program.
Who is eligible for coverage?
SMART Transportation Division members in the U.S. may enroll as members on a voluntary basis.
How do I join?
In the U.S., contact your field supervisor or local insurance representative for details
More information?
If you would like more information about the SMART Discipline Income Protection Program, send requests to the e-mail address below:
DIPP_TD@smart-union.org
Benefits schedule: If you would like to view the Discipline Income Protection Program’s schedule of benefits, click on the link below:
Schedule of maximum benefits
Discipline Income Protection Plan summary plan description
DIPP Summary of Material Modifications
This is only a brief description of the Discipline Income Protection Program. The program is governed only by the terms of the official plan document. If there is any conflict between this description and the official plan document or between the official plan document and any statement by any person (including a SMART employee or representative), the plan document will govern.
Application: To download an application for the Discipline Income Protection Program, click on the link below:
SMART Transportation Division Discipline Income Protection Program application
SMART Transportation Division Discipline Income Protection Program claim form
What is the Discipline Income Protection Program?
It is a plan providing payment for a specific amount and period of time to an employee suspended, dismissed or removed from service by the carrier for alleged violation of rules or operating procedures, provided that such violations do not come within the list of exceptions not covered by the program.
What benefits are paid?
You choose the level of benefits you want, from $6 to $200 per day, all at low monthly assessments. The term of benefits, from 200 to 365 days, depends on how long you have been enrolled in the program.
Who sponsors the program?
SMART sponsors the Discipline Income Protection Program.
Who is eligible for coverage?
SMART Transportation Division members in the U.S. may enroll as members on a voluntary basis.
How do I join?
In the U.S., contact your field supervisor or local insurance representative for details
More information?
If you would like more information about the SMART Discipline Income Protection Program, send requests to the e-mail address below:
DIPP_TD@smart-union.org
Benefits schedule: If you would like to view the Discipline Income Protection Program’s schedule of benefits, click on the link below:
Schedule of maximum benefits
Discipline Income Protection Plan summary plan description
DIPP Summary of Material Modifications
This is only a brief description of the Discipline Income Protection Program. The program is governed only by the terms of the official plan document. If there is any conflict between this description and the official plan document or between the official plan document and any statement by any person (including a SMART employee or representative), the plan document will govern.
Application: To download an application for the Discipline Income Protection Program, click on the link below:
SMART Transportation Division Discipline Income Protection Program application
SMART Transportation Division Discipline Income Protection Program claim form
