MEMORANDUM OF AGREEMENT
by and between the
SOUTHERN PACIFIC TRANSPORTATION COMPANY
(WESTERN LINES) (including former EP&SW)
and its employees represented by the
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
* * * * *
Article 7 of the July 1, 1991 agreement between Southern Pacific Lines and the Brotherhood of Locomotive Engineers provided for payment to locomotive engineers of any "additional compensation" paid to other members of the operating crew with which the engineers work. Agreement between Southern Pacific (Western Lines) and the United Transportation Union representing trainmen and switchmen dated November 16, 1993 provided "additional compensation" to trainmen and switchmen on Southern Pacific (Western Lines) and letter dated December 14, 1993, Co. file E&F 188-140 provided "additional compensation" to hostlers. This agreement is in full and final settlement of Article 7 of the July 1, 1991 BLE Agreement as it relates to the November 16, 1993 UTU Agreement and letter dated December 14, 1993, Co. file E&F 188-140.
ARTICLE 2
Engineers who desire not to utilize Company-provided lodging at the away-from-home terminal will be entitled to an allowance of $20.00 per trip in lieu of lodging. Engineers desiring to exercise the option must declare in writing to the designated Company official, with a copy to the Local Chairman, for each calendar year. Thereafter, the declaration will remain in effect for 12 months, unless the employee changes freight districts, in which case a new declaration may be submitted. While at the away-from-home terminal, engineers eligible for this $20.00 allowance must remain available for call by commercial telephone.
ARTICLE 3
Section A. A training allowance will be paid to engineers on whose crew a new hire trainman (who has not yet established a seniority date as a trainman/ switchman) has been placed for student/training trips.
Section B. In the event such new hire is placed on a train crew consisting of conductor/foreman-only, the engineer on that crew shall receive $20.00 per trip or tour of duty in addition to all other earnings each date training is performed. If the train crew consists of more than a conductor/foreman, the engineer will receive an allowance of $10.00.
Section C. Engineers paid this allowance may be required to provide the conductor with a verbal evaluation of the new hire trainman for incorporation into the conductor's written report.
ARTICLE 7
Section A. The Company's General Manager, or designate, and the Local Chairman of the BLE will select employees for participation in Employee Involvement Programs. Every effort will be made to offer participation in employee involvement to as many employees as possible. An employee's participation in multiple projects at the same time should be avoided.
Section B. All projects, subjects and topics of consideration of the Employee Involvement Program will be available for review by the General Chairman. When the General Chairman determines that a project is subject to or is in conflict with the terms and conditions of the collective bargaining agreement, the General Chairman shall have the absolute right to review and/or terminate the project, subject and/or topic of consideration.
The work force needs of the service will be considered when scheduling employee participation. If the needs of the service are not being met, the General Chairman, after conference with the General Manager, shall have the right to temporarily suspend a project until such time as sufficient work force is available to provide for the needs of the service.
Section C. Employees participating in Employee Involvement Programs will be jointly selected for corporate education programs by the General Manager, or designate, and the Local Chairman.
NOTE: Nothing in this Article is intended to require any employee to participate in employee involvement projects.
ARTICLE 9
The application of Note 2 following Section 2(b), Article 23 of the Western Lines Agreement covering engineers will be modified to add days worked on road switchers, work trains and other basic day freight service toward the 11 days required to qualify for holiday pay.
ARTICLE 10
In the event an engineer called for hostling service works on the same crew with a hostler who receives the $11.00 differential or any higher subsequent amount granted pursuant to letter dated December 14, 1993, Co. file E&F 188-140, the engineer will also receive the $11.00 (or higher) differential. The $11.00 (or higher) differential will be applied toward the engineer's earnings for purposes of calculating guarantee payments and "make whole" payments, if applicable.
ARTICLE 12
The parties to this agreement shall not serve nor progress prior to November 1, 1994 (not to become effective before January 1, 1995) any notice or proposal for changing any matter contained in this agreement. This Article shall not bar the parties from agreeing upon any subject of mutual interest.
This agreement will become effective July 8, 1994 except where another date is specified.
FOR THE COMPANY: FOR THE ORGANIZATION:
Mr. T. J. Matthews Mr. E. L. Pruitt, General Chairman Chief Administrative Officer Brotherhood of Locomotive Engineers
Mr. W. E. Loomis Director - Labor Relations
Ms. P. A. Anderson Manager - Labor Relations
AGREED-UPON QUESTIONS AND ANSWERS
Q-1: (Article 7) Will an employee compensated for lost time under Article 7 also accumulate vacation and/or productivity credits for such time?
A-1: The employee will not accrue vacation credits or productivity fund credits. If an employee does not earn a sufficient number of vacation credits from other service to qualify for a vacation in the following year, the compensation for time lost under Article 7 will be calculated and if it is determined that the employee would have qualified for vacation if the employee had not participated on an employee participation project, vacation will be allowed.
SOUTHERN PACIFIC LINES
LABOR RELATIONS One Market Plaza, Room 304, San Francisco, California 94105