V. IMPLEMENTATION
A.
The Carrier shall give five (5) days written notice for implementation of this agreement. Employees whose assignments are changed shall be permitted to exercise their new seniority.
B.
There shall be a phase in period as traffic moves off the Pueblo line and increases on the KP line. It is the intent of this agreement that MPUL employees shall continue to perform service on the Pueblo line so long as that traffic exists. As assignments are reduced the following shall govern:
The Carrier shall give five (5) days written notice for implementation of this agreement. Employees whose assignments are changed shall be permitted to exercise their new seniority.
B.
There shall be a phase in period as traffic moves off the Pueblo line and increases on the KP line. It is the intent of this agreement that MPUL employees shall continue to perform service on the Pueblo line so long as that traffic exists. As assignments are reduced the following shall govern:
- Employees may make application to be the first reduced from a pool or extra board as they are reduced and assigned to Salina by application. If there are no applications then the pool and/or extra board shall be reduced in the usual manner.
- Employees reduced shall be qualified on the new territory prior to being placed on either a pool turn or an extra board. Employees shall be qualified on runs to both Sharon Springs and Kansas City before being assigned.
C.
UPED Kansas City employees working on the former UPED 9th District shall be entitled to eight (8) conductor positions transferred to Salina, 6 pool freight positions and 2 based on common dates. The process shall be as follows:
UPED Kansas City employees working on the former UPED 9th District shall be entitled to eight (8) conductor positions transferred to Salina, 6 pool freight positions and 2 based on common dates. The process shall be as follows:
- Eight positions shall be advertised on implementation date for a period of six (6) days. They shall be available to the most senior bidders. Should less than 8 employees bid on the positions, then the no bid positions shall be filled by employees on the new roster and shall not be available to employees from UPED Kansas City until the Kansas City Hub has an implementing agreement/award. After the agreement/award is final, but prior to implementation, the Carrier shall post a notice covering the positions not initially filled for a ten (10) day period. Kansas City conductors shall have until the end of the ten day period to make application for one of the vacancies and shall be required to relocate within thirty (30) days to Salina and assume their positions. They shall be placed on the Salina Zone 300 roster on a dovetail basis as if they had been an original bidder at the time of implementation and be removed from the Kansas City roster.
- After the initial bid process is complete the Carrier shall continue to run the pool for a minimum of thirty (30) days as double headed until sufficient employees are relocated to Salina to handle the pool as a single headed pool. The Carrier shall give five (5) days notice when the pool is to become single-headed.
D.
The Carrier shall advertise the three Oakley conductor positions to transfer to Salina first to those employees holding pool freight assignments at Oakley on April 21, 1997. If not filled in this manner, then the positions shall be available for bid to the remaining Oakley employees assigned at Oakley on April 21, 1997, in seniority order. The positions shall be advertised on implementation date for a period of six (6) days and the successful applicants shall be required to relocate to Salina within thirty (30) days and
assume their positions. However, positions that go no bid are not available for later bid to Oakley conductors. The Carrier may relocate all Oakley employees to Denver not needed to man the extra board at Oakley or who are not transferred to Salina.
E.
It is the Carrier's intent to relocate employees as soon as possible to Salina. The Carrier recognizes that there will be a transition period and will assist in this process. However, employees should not expect to receive long or extended calls after the transition period. The relocation benefits are intended for relocation and not for the purpose of requesting the allowance and then continue to live such a distance as to not be able to respond in the normal calling period.
F.
After qualification has been completed and prior to the Carrier reducing any employees that are listed on the initial merged roster, the Carrier will open up Reserve Board slots on a seniority basis. Should sufficient employees not make application to accommodate all surplus pre-merger employees with a seniority date prior to April 21, 1997, then junior employees shall be forced to the Reserve Board. All assignments within the Hub must be filled prior to being permitted to place on a Reserve Board. Employees on the merged roster on implementation day must displace any employees in the Salina
Hub added to the roster after implementation day before being permitted to place on a Reserve Board. The Reserve Board rate for employees now eligible for the board but who do not have a reserve board rate shall be 70% of the yard foreman 5-day rate of pay.
G.
General Conditions - The terms and conditions of the pool operations set forth in this agreement shall be the same for all pool freight runs whether run as combined pools or separate pools. The terms and conditions are those of the designated collective bargaining agreement as modified by subsequent national agreements, awards and implementing documents and those set forth below. For ready reference sections of existing rules are attached in Attachment "8".
The Carrier shall advertise the three Oakley conductor positions to transfer to Salina first to those employees holding pool freight assignments at Oakley on April 21, 1997. If not filled in this manner, then the positions shall be available for bid to the remaining Oakley employees assigned at Oakley on April 21, 1997, in seniority order. The positions shall be advertised on implementation date for a period of six (6) days and the successful applicants shall be required to relocate to Salina within thirty (30) days and
assume their positions. However, positions that go no bid are not available for later bid to Oakley conductors. The Carrier may relocate all Oakley employees to Denver not needed to man the extra board at Oakley or who are not transferred to Salina.
E.
It is the Carrier's intent to relocate employees as soon as possible to Salina. The Carrier recognizes that there will be a transition period and will assist in this process. However, employees should not expect to receive long or extended calls after the transition period. The relocation benefits are intended for relocation and not for the purpose of requesting the allowance and then continue to live such a distance as to not be able to respond in the normal calling period.
F.
After qualification has been completed and prior to the Carrier reducing any employees that are listed on the initial merged roster, the Carrier will open up Reserve Board slots on a seniority basis. Should sufficient employees not make application to accommodate all surplus pre-merger employees with a seniority date prior to April 21, 1997, then junior employees shall be forced to the Reserve Board. All assignments within the Hub must be filled prior to being permitted to place on a Reserve Board. Employees on the merged roster on implementation day must displace any employees in the Salina
Hub added to the roster after implementation day before being permitted to place on a Reserve Board. The Reserve Board rate for employees now eligible for the board but who do not have a reserve board rate shall be 70% of the yard foreman 5-day rate of pay.
G.
General Conditions - The terms and conditions of the pool operations set forth in this agreement shall be the same for all pool freight runs whether run as combined pools or separate pools. The terms and conditions are those of the designated collective bargaining agreement as modified by subsequent national agreements, awards and implementing documents and those set forth below. For ready reference sections of existing rules are attached in Attachment "8".
1. Agreement Coverage -Upon implementation, Employees working in the Salina Hub shall be governed, in addition to the provisions of this Agreement, by the 1996 National Agreement applicable to Union Pacific and previous National Agreement/Award/implementing Document provisions still applicable, by the Agreement between the Union Pacific Railroad Company and the UTU Union Pacific Eastern District road and yard, for all operations, both UPED and MPUL, and its current 10 provisions shall apply to all the pool operations. Except as specifically provided herein, the system and national collective bargaining agreements, awards and interpretations shall prevail. None of the provisions of these agreements are retroactive.
(a) If within the 25 mile zone, then that provision will apply.
(b) If outside the 25 mile zone, then the first out pool crew that operates on the side the train has laid down shall be used and shall either tie-up for rest or be deadheaded home. If tied up for rest, the employee will be first out after rest and not used again for Hours of Service relief on that trip.
(c) The Oakley extra board may be used on either side of Sharon Springs for this service for trains that are headed toward Sharon Springs.
(d) None of the above prevents the use of crews used in combination deadhead and service to handle such trains.
(b) If outside the 25 mile zone, then the first out pool crew that operates on the side the train has laid down shall be used and shall either tie-up for rest or be deadheaded home. If tied up for rest, the employee will be first out after rest and not used again for Hours of Service relief on that trip.
(c) The Oakley extra board may be used on either side of Sharon Springs for this service for trains that are headed toward Sharon Springs.
(d) None of the above prevents the use of crews used in combination deadhead and service to handle such trains.
2. Hours of Service Relief - At Sharon Springs, Hours of Service relief may be performed by employees in the following manner:
NOTE:
The above are not listed in order of use but reflect the Carrier's alternatives for covering Hours of Service Relief.
The above are not listed in order of use but reflect the Carrier's alternatives for covering Hours of Service Relief.
3. Twenty-Five mile Zone - At Sharon Springs, Salina, Hoisington and Horace pool crews may receive their train up to twenty-five miles on the far side of the terminal and run on through to the scheduled terminal. Crews shall be paid an additional one-half (1/2) basic day for this service in addition to the miles run between the two terminals. If the time spent in this zone is greater than four (4) hours then they shall be paid on a minute basis with overtime after eight (8) hours.
Example:
A Salina-Kansas City crew receives their eastbound train ten miles west of the Salina terminal but within the 25 mile terminal zone limits and runs to Kansas City. They shall be paid the actual miles established for the Salina-Kansas City run and an additional one-half basic day for handling the train from the point ten (10) miles west of the Salina terminal.
A Salina-Kansas City crew receives their eastbound train ten miles west of the Salina terminal but within the 25 mile terminal zone limits and runs to Kansas City. They shall be paid the actual miles established for the Salina-Kansas City run and an additional one-half basic day for handling the train from the point ten (10) miles west of the Salina terminal.
H. After implementation, the application process will be used to fill all vacancies in the Hub as follows:
- Prior right vacancies must first be filled by an employee with prior rights to the vacancy who is on a reserve board prior to considering applications from employees who do not have prior rights to the assignment.
- If no prior right applications are received then the junior prior right employee on the board described above will be forced to the assignment or permitted to exercise seniority to a position held by another prior right employee.
- If there are no prior right employees on the board described above covering the vacant prior right assignment, then the most junior employee on the board described above will be recalled and will take the assignment or displace a junior employee. If there are no employees on any reserve board, then the senior furloughed employee in the Salina Hub shall be recalled to the vacancy. When forcing or recalling, prior rights employees shall be forced or recalled to prior right assignments prior to employees who do not have prior rights.
- UPED Salina Employees must protect non-through freight prior right assignments prior to holding common extra board positions. If a junior prior right employee is available to work the prior right assignments, then the senior prior right employees may work the common extra board positions. The intent of this section is not to force former MPUL employees to nonthrough freight positions when prior right employees are available for them, however, when new hires are added to the roster then they may be forced to the prior right assignments ahead of current UPED employees.
I.
This Agreement bridges the small Salina Hub between the larger Denver Hub and future Kansas City Hub. As a bridge hub, it has many unique issues that the parties have addressed in unique ways. As such, it is agreed that this Agreement is without prejudice or precedent and will not be cited by either party in future negotiations or arbitration.
This Agreement bridges the small Salina Hub between the larger Denver Hub and future Kansas City Hub. As a bridge hub, it has many unique issues that the parties have addressed in unique ways. As such, it is agreed that this Agreement is without prejudice or precedent and will not be cited by either party in future negotiations or arbitration.
