APPENDIX D
Document "A"
IT IS HEREBY AGREED:
ARTICLE I - WAGES
Section 1 - First General Wage Increase (for other than Dining Car
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)
Section 2 - Signing Bonus
On the date of this Agreement, each employee will be paid a signing
bonus of one (1) percent of the employee's compensation for 1994, including pay for miles
run in excess of the number of miles comprising a basic day ("overmiles") but
excluding pay elements not subject to general wage increases under Section 8 of this
Article and lump sums.
Section 3 - First Lump Sum Payment
On July 1, 1996, each employee will be paid a lump sum equal to the
excess of (i) three (3) percent of the employee's compensation for 1995, including pay for
overmiles but excluding pay elements not subject to general wage increases under Section 8
of this Article and lump sums, over (ii) the lesser of (x) one-half of the amount
described in clause (i) above and (y) two times one-quarter of the amount, if any, by
which the carriers' payment rate for 1996 for foreign-to-occupation health benefits under
The Railroad Employees National Health and Welfare Plan (Plan) exceeds such payment rate
for 1995.
Section 4 - Second General Wage Increase (for other than Dining Car
Stewards)
Effective July 1, 1997, all standard basic daily rates of pay in effect
on June 30, 1997 for employees represented by the United Transportation Union shall be
increased by three-and-one-half (3-1/2) percent, computed and applied in the same manner
prescribed in Section 1 above.
Section 5 - Second Lump Sum Payment
On July 1, 1998, each employee will be paid a lump sum equal to the
excess of (i) three-and-one-half (3-1/2) percent of the employee's compensation for 1997,
including pay for overmiles but excluding pay elements not subject to general wage
increases under Section 8 of this Article and lump sums, over (ii) the lesser of (x)
one-half of the amount described in clause (i) above and (y) one-and-one-half times
one-quarter of the amount, if any, by which the carriers' payment rate for 1998 for
foreign-to-occupation health benefits under the Plan exceeds such payment rate for 1995.
Section 6 - Third General Wage Increase (for other than Dining Car
Stewards)
Effective July 1, 1999, all standard basic daily rates of pay in effect
on June 30, 1999 for employees represented by the United Transportation Union shall be
increased by three-and-one-half (3-1/2) percent, computed and applied in the same manner
prescribed in Section 1 above.
Section 7 - Standard Rates
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 Agreement.
Section 8 - Application of Wage Increases
Section 9 - General Wage Increases for Dining Car Stewards
Section 10 - Definitions
The carriers' payment rate for any year for foreign-to-occupation health
benefits under the Plan shall mean twelve (12) 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, of the UTU Implementing Document of November 1, 1991, Document A.
Section 11 - Eligibility for Receipt of Signing Bonus, Lump Sum
Payments
The signing bonus and lump sum payments provided for in this Article
will be paid to each employee subject to this Agreement who has an employment relationship
as of the date such payments are payable, or has retired or died subsequent to the
beginning of the applicable calendar year used to determine the amount of such payment.
There shall be no duplication of the signing bonus or lump sum payments by virtue of
employment under another agreement nor will such payments be used to offset, construct or
increase guarantees in protective agreements or arrangements.
Section 12 - Calculation of Vacation Pay
The signing bonus and lump sum payments provided for in Sections 2, 3
and 5 of this Article will be included in the earnings of an employee in the determination
of vacation allowances due in the year subsequent to their payment.
ARTICLE II - COST-OF-LIVING PAYMENTS
Part A - Cost-of-Living Payments Under National Implementing Document
Dated November 7, 1991
The nine-cent cost-of-living allowance in effect beginning July 1, 1995
pursuant to Article II, Part B of the UTU Implementing Document of November 1, 1991,
Document A, shall be rolled in to basic rates of pay on November 30, 1995 and such Article
II, Part B shall be eliminated at that time. Any amounts paid from January 1, 1996 under
the aforementioned COLA provision (effective January 1, 1996) shall be deducted from
amounts payable under Article I of this Agreement.
Part B - Cost-of-Living Allowance Through January 1, 2000 and
Effective Date of Adjustment
Measurement Periods
Effective Date
Base Month Measurement
Month of Adjustment
March 1995 March 1996
plus
March 1997 March 1998 Dec. 31, 1999
The number of points change in the CPI during each of these measurement
periods shall be added together before making the calculation described in Part C, Section
1(e) of this Article.
©(i) Floor. The minimum increase in the CPI that shall be taken
into account shall be as follows:
Effective Date Minimum
CPI Increase That of Adjustment Shall Be Taken Into Account
Dec. 31, 1999 4% of March 1995 CPI
(ii) Cap. The maximum increase in the CPI that shall be taken
into account shall be as follows:
Effective Date Maximum
CPI Increase of Adjustment That Shall Be Taken Into Account
Dec. 31, 1999 6% of March 1995 CPI
Measurement Periods
Effective Date
Base Month Measurement
Month of Adjustment
September 1999 March 2000 July 1, 2000
March 2000 September 2000 January 1, 2001
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.
(d)(i) Cap. In calculations under paragraph (e), the maximum
increase in the CPI that shall be taken into account shall be as follows:
Effective Date Maximum
CPI Increase That of Adjustment May Be Taken Into Account
July 1, 2000 3% of September 1999 CPI
January 1, 2001 6% of September 1999 CPI, less the increase
from September 1999 to March 2000
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 CPI in any measurement period shall be considered.
Section 2 - Payment of Cost-of-Living Allowances
Section 3 - Application of Cost-of-Living Allowances
The cost-of-living allowance provided for by Section 1 of this Part C
will not become part of basic rates of pay. Such allowance will be applied as follows:
Section 4 - Continuation of Part C
The arrangements set forth in Part C 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 - DENTAL BENEFITS
Section 1 - Continuation of Plan
The benefits now provided under the Railroad Employees National Dental
Plan (Dental Plan), modified as provided in Section 2 below, will be continued subject to
the provisions of the Railway Labor Act, as amended.
Section 2 - Eligibility
Existing eligibility requirements under the Dental Plan are amended,
effective June 1, 1996, to provide that in order for an employee and his eligible
dependents to be covered for Covered Dental Expenses (as defined in the Dental Plan)
during any calendar month by virtue of rendering compensated service or receiving vacation
pay in the immediately preceding calendar month (the "qualifying month"), such
employee must have rendered compensated service on, or received vacation pay for, an
aggregate of at least seven (7) calendar days during the applicable qualifying month. Any
calendar day on which an employee assigned to an extra list is available for service but
does not perform service shall be deemed a day of compensated service solely for purposes
of this Section. Existing Dental Plan provisions pertaining to eligibility for and
termination of coverage not specifically amended by this Section shall continue in effect.
Section 3 - Benefit Changes
The following changes will be made effective as of January 1, 1999.
ARTICLE IV - VISION CARE
Section 1 - Establishment and Effective Date
The railroads will establish a Vision Care Plan to provide specified
vision care benefits to employees and their dependents, to become effective January 1,
1999 and to continue thereafter subject to provisions of the Railway Labor Act, as
amended, according to the following provisions:
Plan Benefit |
In-Network |
Other Than In-Network
|
One vision examination per 12-month period. |
100% of reasonable and customary charges |
100% of reasonable and customary charges up to a $35 maximum
|
One set of frames of any kind per 24-month period |
100% of reasonable and customary charges |
100% of reasonable and customary charges up to a $35 maximum
|
One set of two lenses of any kind, including contact lenses, per
24-month period. |
100% of reasonable and customary charges
|
100% of reasonable and customary charges up to the following
maximums:
up to $25 for single vision lenses
up to $40 for bifocals
up to $55 for trifocals
up to $80 for lenticulars
up to $210 for medically necessary contact lenses
up to $105 for contact lenses that are not medically necessary
|
Where the employee or dependent requires only one lens
|
100% of reasonable and customary charges 2/ |
100% of reasonable and customary charges up to a maximum of
one-half of the maximum benefit payable for a set of two lenses of the same kind
|
Section 2 - Administration
The Vision Care Plan will be administered by the National Carriers' Conference
Committee, which will bear the same responsibilities and perform the same functions as it
does with respect to The Railroad Employees National Dental Plan, including the
development of detailed plan language describing the Plan's eligibility, coverage, benefit
and other provisions.
ARTICLE V - BENEFITS ELIGIBILITY
Section 1 - Health and Welfare Plan
The Railroad Employees National Health and Welfare Plan ("the
Plan") is amended, effective June 1, 1996, as provided in this Section. In order for
an Eligible Employee (as defined by the Plan) to continue to be covered by the Plan during
any calendar month by virtue of rendering compensated service or receiving vacation pay in
the immediately preceding calendar month (the "qualifying month"), such employee
must have rendered compensated service on, or received vacation pay for, an aggregate of
at least seven (7) calendar days during the applicable qualifying month. Any calendar day
on which an employee assigned to an extra list is available for service but does not
perform service shall be deemed a day of compensated service solely for purposes of this
Section. Existing Plan provisions pertaining to eligibility for and termination of
coverage not specifically amended by this Section shall continue in effect.
Section 2 - Vacation Benefits
Existing rules governing vacations are amended as follows effective
January 1, 1997:
Section 3
This Article is not intended to restrict any of the existing rights of a
carrier except as specifically provided herein.
ARTICLE VI - FLOWBACK
Section 1
Upon written request of the organization's authorized representative(s),
the carrier shall meet to discuss establishment of a procedure under which any employee
who holds train service seniority and is holding a regularly assigned position as a
locomotive engineer may exercise his train service seniority rights. Any such procedures
that are established shall be on an individual railroad basis and shall be in accordance
with the guidelines set forth in Section 2.
Section 2
Section 3
Section 4
This Article shall become effective June 1, 1996 and is not intended to
restrict any of the existing rights of a carrier except as specifically provided herein.
ARTICLE VII - ENHANCED EMPLOYMENT OPPORTUNITIES
Section 1
In the event that a carrier sells or leases its interest in one or more
rail lines to a non-carrier pursuant to a transaction authorized under 49 U.S.C. §10901
(or any successor provision) as to which labor protective conditions have not been imposed
by any governmental authority, any employee represented by the organization signatory
hereto who (i) as a result of that transaction is deprived of employment with the carrier
because of the abolition of his position, and (ii) does not accept employment with the
purchaser shall be entitled to the benefits set forth in Section 2.
Section 2
Section 3
In the case of any transaction authorized under 49 U.S.C. §10901 (or
any successor provision), the arrangements provided for under this Article shall be deemed
to fulfill all of the parties' bargaining obligations that may exist under any applicable
statute, agreement or other authority with respect to such transaction, and shall also be
deemed to satisfy the standards for the protection of the interests of employees who may
be affected by such transaction described in 49 U.S.C. §10901(e).
Section 4
This Article shall become effective June 1, 1996 and is not intended to
restrict any of the existing rights of a carrier except as specifically provided herein.
ARTICLE VIII - RATE PROGRESSION ADJUSTMENT FOR PROMOTION
Section 1
Section 2
Local rate progression rules applicable on a carrier that is not covered
by the aforementioned Article IV, Section 5 are hereby amended in the same manner as
provided in Section 1.
Section 3
This Article shall become effective June 1, 1996 and is not intended to
restrict any of the existing rights of a carrier except as specifically provided herein.
ARTICLE IX - SENIORITY ACCUMULATION
Section 1
Section 2
On any carrier on which there are arrangements between the carrier and
the UTU on the date of this Agreement that require train service employees to pay full
monthly dues to the UTU to accumulate additional seniority as conductor, trainman, hostler
or hostler helper while working as a locomotive engineer, such arrangements shall be
terminated as follows:
Section 3
This Article shall become effective June 1, 1996 and is not intended to
restrict any of the existing rights of a carrier except as specifically provided herein.
ARTICLE X - TERMINAL COMPANIES
Section 1
Section 2
Section 3
This Article shall become effective June 1, 1996 and is not intended to
restrict any of the existing rights of a carrier except as specifically provided herein.
ARTICLE XI - ENHANCED CUSTOMER SERVICE
Article VIII - Special Relief, Customer Service - Yard Crews of the UTU
Implementing Document of November 1, 1991, Document A, is amended to read as follows and
furthermore shall be applicable to all carriers party to this Agreement:
Section 1
Section 2
This Article shall become effective June 1, 1996 and is not intended to
restrict any of the existing rights of a carrier.
ARTICLE XII - DISPLACEMENT
Section 1
Section 2
This Article shall become effective June 1, 1996 and is not intended to
restrict any of the existing rights of a carrier.
ARTICLE XIII - NATIONAL WAGE AND RULES PANEL
Section 1
Section 2
The Panel is authorized to comprehensively examine the following
subjects:
- System for compensation and related alternatives
- Quality of Work Life
- Inter-craft pay relationships
- Claim and Grievance Handling
- Flowback
- Eating en route for road service employees
- Use of Surplus Employees
- Employee Utilization
- Common Extra Boards
- Standardized Calling Rules
- Yard Starting Times
- Runarounds
- Road/Yard
- Entry Rates
Section 3
The Panel shall promptly establish its operating procedures, which shall
be designed to review and evaluate the facts regarding the aforementioned subjects and to
expedite and enhance the opportunity to reach joint voluntary solutions to matters in
dispute between the parties with respect to those subjects. The Panel may, by unanimous
vote of the members and with the consent of the respective carrier(s) and General
Committee(s) involved, develop and implement pilot projects and similar initiatives that
would permit the Panel to test and evaluate, on a limited basis, potential alternatives to
existing arrangements that would resolve issues of concern to the parties.
Section 4
ARTICLE XIV - GENERAL PROVISIONS
Section 1 - Court Approval
This Agreement is subject to approval of the courts with respect to
participating carriers in the hands of receivers or trustees.
Section 2 - Effect of this Agreement
and any pending notices which propose such matters are hereby withdrawn.
____________________
John B. Criswell
Chairman of Arbitration Board
____________________ ____________________
Preston J. Moore Robert O. Harris
Member of Arbitration Board Member of Arbitration Board
May 8, 1996
#1
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding with respect to the general wage
increase provided for in Article I, Section 1, and the signing bonus provided for in
Article I, Section 2, of Document "A" of the Agreement of this date.
The carriers will make all reasonable efforts to pay the retroactive
portion of such general wage increase and the signing bonus as soon as possible and no
later than sixty (60) days after the date of this Agreement.
If a carrier finds it impossible to make such payments within that
specified time period, such carrier shall notify you in writing explaining why such
payments have not been made and indicating when the payments will be made.
Very truly yours,
Robert F. Allen
May 8, 1996
#2
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This refers to the increase in wages provided for in Section 1 of
Article I of Document "A" of the Agreement of this date.
It is understood that the retroactive portion of that wage increase
shall be applied only to employees who have an employment relationship with a carrier on
the date of this Agreement or who retired or died subsequent to December 1, 1995.
Please acknowledge your agreement by signing your name in the space
provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#3
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding regarding Article I - Wages of Document "A"
of the Agreement of this date.
Solely for the purpose of concluding this Agreement, the carriers have agreed to apply
the general wage increases provided for therein to mileage rates of pay for miles run in
excess of the number of miles comprising a basic day (overmiles) and to compute the lump
sums provided for therein without excluding overmiles.
Our agreement to include language providing for such applications shall not be
considered as precedent for how such issues should be addressed in the future and is
without prejudice to our position that this component of the pay system is inappropriate.
Please acknowledge your agreement by signing your name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#4
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This refers to the Lump Sum Payments provided for in Article I of Document
"A" of the Agreement of this date.
Sections 3 and 5 of Article I are structured so as to provide payments that are
essentially based on the compensation earned by an employee during a specified calendar
year. Section 11 provides that all of these 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 calendar year used to determine the amount
of such payments. Thus, for example, under Section 3 of Article I, except for an employee
who has retired or died, the Agreement requires that an employee have an employment
relationship on July 1, 1996 in order to receive that lump sum payment.
The intervals between the close of the measurement periods and the actual payments
established in the 1991 National Implementing Documents were in large measure 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 calendar year used
to determine the amount of a payment under Section 3 and 5 of Article I will not be
disqualified from receiving the payment provided for in the event his employment
relationship is terminated following the last day of such calendar year but prior to the
payment due date.
Yours very truly,
Robert F. Allen
May 8, 1996
#5
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding that the provisions of Article I, Section 8(a)(ii) and
Article II, Part C, Section 1(b) of Document "A" of the Agreement of this date
relating to the application of wage increases and cost-of-living allowances to duplicate
time payments shall not apply to special allowances expressed in time, miles or fixed
amounts of money contained in existing local crew consist agreements that contain
moratorium provisions prohibiting changes in such payments.
Please acknowledge your agreement by signing your name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#6
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding regarding Article V - Benefits Eligibility of Document
"A" of the Agreement of this date.
This will confirm our understanding that eligibility criteria in effect on December 31,
1995 governing coverage by The Railroad Employees National Health and Welfare Plan shall
continue to apply to employees represented by the organization who hold positions as
working General Chairmen, Local Chairmen, and state legislative directors ("local
officials"). In other words, the changes in eligibility as set forth in Article V,
Section 1 are not intended to revise eligibility conditions for local officials. It is
further understood that by providing this exclusion it is not intended that the total
number of such officials covered be expanded.
Please acknowledge your agreement by signing your name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#7
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding regarding Article V - Benefits Eligibility of Document
"A" of the Agreement of this date.
This will confirm our understanding that vacation qualification criteria in effect on
the date of this Agreement shall continue to apply to employees represented by the
organization who hold positions as working General Chairmen, Local Chairmen, and state
legislative directors ("local officials"). In other words, the changes in
qualification as set forth in Article V, Section 2 are not intended to revise vacation
qualification conditions for such local officials. It is further understood that by
providing this exclusion it is not intended that the total number of such officials
covered be expanded.
Please acknowledge your agreement by signing your name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#8
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
During the negotiations which led to the Agreement of this date, the parties had
numerous discussions about the relationship between time worked and benefits received. The
carriers were concerned that certain employees were not making themselves sufficiently
available for work, but due to the then current eligibility requirements such employees
remained eligible for health and welfare benefits.
As a result of these discussions, the parties agreed to tighten one eligibility
requirement from any compensated service in a month to seven calendar days compensated
service in a month (the "seven-day rule"). However, it was not the intent of the
parties to affect employees by this change where such employees have made themselves
available for work and would have satisfied the seven-day rule but for an Act of God, an
assignment of work which did not permit satisfaction of the seven-day rule, or because
monthly mileage limitations, monthly earnings limitations and/or maximum monthly trip
provisions prevented an employee from satisfying that rule.
Also, where employees return to work from furlough, suspension, dismissal, or
disability (including pregnancy), or commence work as new hires, at a time during a month
when there is not opportunity to render compensated service on at least seven calendar
days during that month, such employees will be deemed to have satisfied the seven-day
rule, provided that they are available or actually work every available work opportunity.
However, in no case will an employee be deemed eligible for benefits under the new
eligibility requirement if such employee would not have been eligible under the old
requirements.
Please acknowledge your agreement by signing your name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#9
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding with respect to Article VI - Flowback of Document
"A" of the Agreement of this date.
The parties recognize that provisions of this Article may be in conflict with
provisions contained in, or address matters governed by, existing collective bargaining
agreements between the carriers party to this Agreement and other organizations that
represent the craft and class of engineers.
Accordingly, we are in agreement that implementation of this Article is expressly
contingent upon resolution of such concerns in a manner satisfactory to the carriers. The
carriers further agree to make all reasonable efforts to resolve those concerns as
expeditiously as possible. Periodically and at any time upon request by the organization,
the carriers will report on the status and progress of such efforts.
Please acknowledge your agreement by signing your name in the space provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#10
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understandings regarding Article VIII - Rate
Progression Adjustment For Promotion of Document "A" of the Agreement of this
date.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#11
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding regarding Article XI - Enhanced Customer
Service of Document "A" of the Agreement of this date.
In recent years the rail freight sector of the transportation market
place has taken steps toward a more competitive discipline which, if successful, could
point the rail industry toward more growth. The parties to this Agreement are intent on
nurturing these improvements. In this respect we mutually recognize that an important
reason underlying the recent improvement has been enhanced focus on customer needs and
improved service as the framework for working conditions. Increased employee productivity
and more immediate responses to customer needs by railroad employees at all levels have
been and will continue to be at the very heart of this effort.
In order to continue these recent improvements, the parties intend to
respond to customers' needs with even greater efforts. In Article XI, we have developed a
framework for achieving our mutual goal of retaining existing customers and attracting new
business by providing more efficient and expedient service, including relaxation of work
rules specified therein where and to the extent necessary for those purposes. We are also
in accord that these undertakings should appropriately recognize the interests of affected
employees in fair and equitable working conditions.
This will confirm our understanding that the NCCC Chairman and the UTU
President shall promptly confer on any carrier proposal under Article XI that the UTU
President deems to be egregiously inconsistent with our mutual intent. Such proposal shall
be held in abeyance pending conference and shall not be implemented until adjusted by
agreement of the parties or, absent such agreement, resolved by expedited, party paid
arbitration as set forth in the attachment hereto.
Please acknowledge your agreement by signing your name in the space
provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#12
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding with respect to Document "A"
of the Agreement of this date.
The parties exchanged various proposals and drafts antecedent to
adoption of the various Articles that appear in this Agreement. 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 Agreement will be interpreted and applied
as though such proposals and drafts had not been used or exchanged in the negotiation.
Please acknowledge your agreement by signing your name in the space
provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
Document "B"
(Yardmasters)
IT IS HEREBY AGREED:
ARTICLE I - WAGES
Section 1 - First General Wage Increase
Effective on December 1, 1995, all standard basic daily rates of pay for
employees covered by this Agreement in effect on the preceding day shall be increased by
three-and-one-half (3-1/2) percent.
Section 2 - Signing Bonus
On the date of this Agreement, each employee will be paid a signing
bonus of one (1) percent of the employee's compensation for 1994, excluding pay elements
not subject to general wage increases under Section 7 of this Article and lump sums.
Section 3 - First Lump Sum Payment
On July 1, 1996, each employee will be paid a lump sum equal to the
excess of (i) three (3) percent of the employee's compensation for 1995, excluding pay
elements not subject to general wage increases under Section 7 of this Article and lump
sums, over (ii) the lesser of (x) one-half of the amount described in clause (i) above and
(y) two times one-quarter of the amount, if any, by which the carriers' payment rate for
1996 for foreign-to-occupation health benefits under The Railroad Employees National
Health and Welfare Plan (Plan) exceeds such payment rate for 1995.
Section 4 - Second General Wage Increase
Effective July 1, 1997, all standard basic daily rates of pay in effect
on June 30, 1997 for employees covered by this Agreement shall be increased by
three-and-one-half (3-1/2) percent, computed and applied in the same manner prescribed in
Section 1 above.
Section 5 - Second Lump Sum Payment
On July 1, 1998, each employee will be paid a lump sum equal to the
excess of (i) three-and-one-half (3-1/2) percent of the employee's compensation for 1997,
excluding pay elements not subject to general wage increases under Section 7 of this
Article and lump sums, over (ii) the lesser of (x) one-half of the amount described in
clause (i) above and (y) one-and-one-half times one-quarter of the amount, if any, by
which the carriers' payment rate for 1998 for foreign-to-occupation health benefits under
The Railroad Employees National Health and Welfare Plan (Plan) exceeds such payment rate
for 1995.
Section 6 - Third General Wage Increase
Effective July 1, 1999, all standard basic daily rates of pay in effect
on June 30, 1999 for employees covered by this Agreement shall be increased by
three-and-one-half (3-1/2) percent, computed and applied in the same manner prescribed in
Section 1 above.
Section 7 - Application of Wage Increases
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.
Section 8 - Definitions
The carriers' payment rate for any year for foreign-to-occupation health
benefits under the Plan shall mean twelve (12) 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, of the UTU Implementing Document of November 1, 1991, Document B.
Section 9 - Eligibility for Receipt of Ratification Bonus, Lump Sum
Payments
The ratification bonus and lump sum payments provided for in this
Article will be paid to each employee subject to this Agreement who has an employment
relationship as of the date such payments are payable, or has retired or died subsequent
to the beginning of the applicable calendar year used to determine the amount of such
payment. There shall be no duplication of the ratification bonus or lump sum payments by
virtue of employment under another agreement nor will such payments be used to offset,
construct or increase guarantees in protective agreements or arrangements.
ARTICLE II - COST-OF-LIVING PAYMENTS
Part A - Cost-of-Living Payments Under National Implementing Document
Dated November 7, 1991
The nine-cent cost-of-living allowance in effect beginning July 1, 1995
pursuant to Article II, Part B of the UTU Implementing Document of November 1, 1991,
Document B, shall be rolled in to basic rates of pay on November 30, 1995 and such Article
II, Part B shall be eliminated at that time. Any amounts paid from January 1, 1996 under
the aforementioned COLA provision (effective January 1, 1996) shall be deducted from
amounts payable under Article I of this Agreement.
Part B - Cost-of-Living Allowance Through January 1, 2000 and
Effective Date of Adjustment
Effective Date
Base Month Measurement
Month of Adjustment
March 1995 March 1996
plus
March 1997 March 1998 Dec. 31, 1999
The number of points change in the CPI during each of these measurement
periods shall be added together before making the calculation described in Part C, Section
1(e) of this Article.
©(i) Floor. The minimum increase in the CPI that shall be taken
into account shall be as follows:
Effective Date Minimum
CPI Increase That of Adjustment Shall Be Taken Into Account
Dec. 31, 1999 4% of March 1995 CPI
plus
4% of March 1997 CPI
(ii) Cap. The maximum increase in the CPI that shall be taken
into account shall be as follows:
Effective Date Maximum
CPI Increase That of Adjustment Shall Be Taken Into Account
Dec. 31, 1999 6% of March 1995 CPI
Effective Date
Base Month Measurement
Month of Adjustment
September 1999 March 2000 July 1, 2000
March 2000 September 2000 January 1, 2001
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.
(d)(i) Cap. In calculations under paragraph (e), the maximum
increase in the CPI that shall be taken into account shall be as follows:
Effective Date Maximum
CPI Increase That of Adjustment May Be Taken Into Account
July 1, 2000 3% of September 1999 CPI
January 1, 2001 6% of September 1999 CPI, less the increase
from September 1999 to March 2000
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 CPI in any measurement period shall be considered.
Section 2 - Payment of Cost-of-Living Allowances
Section 3 - Application of Cost-of-Living Allowances
The cost-of-living allowance provided for by Section 1 of this Part C
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.
ARTICLE III - DENTAL BENEFITS
Section 1 - Continuation of Plan
The benefits now provided under the Railroad Employees National Dental
Plan (Dental Plan), modified as provided in Section 2 below, will be continued subject to
the provisions of the Railway Labor Act, as amended.
Section 2 - Eligibility
Existing eligibility requirements under the Dental Plan are amended,
effective June 1, 1996, to provide that in order for an employee and his eligible
dependents to be covered for Covered Dental Expenses (as defined in the Dental Plan)
during any calendar month by virtue of rendering compensated service or receiving vacation
pay in the immediately preceding calendar month (the "qualifying month"), such
employee must have rendered compensated service on, or received vacation pay for, an
aggregate of at least seven (7) calendar days during the applicable qualifying month. Any
calendar day on which an employee assigned to an extra list is available for service but
does not perform service shall be deemed a day of compensated service solely for purposes
of this Section. Existing Dental Plan provisions pertaining to eligibility for and
termination of coverage not specifically amended by this Section shall continue in effect.
Section 3 - Benefit Changes
The following changes will be made effective as of the first day of the
first full calendar month immediately following the date of this Agreement.
ARTICLE IV - VISION CARE
Section 1 - Establishment and Effective Date
The railroads will establish a Vision Care Plan to provide specified
vision care benefits to employees and their dependents, to become effective January 1,
1999 and to continue thereafter subject to provisions of the Railway Labor Act, as
amended, according to the following provisions:
Plan Benefit |
In-Network |
Other Than In-Network
|
One vision examination per 12-month period. |
100% of reasonable and customary charges |
100% of reasonable and customary charges up to a $35 maximum
|
One set of frames of any kind per 24-month period |
100% of reasonable and customary charges |
100% of reasonable and customary charges up to a $35 maximum
|
One set of two lenses of any kind, including contact lenses, per
24-month period. |
100% of reasonable and customary charges
|
100% of reasonable and customary charges up to the following
maximums:
up to $25 for single vision lenses
up to $40 for bifocals
up to $55 for trifocals
up to $80 for lenticulars
up to $210 for medically necessary contact lenses
up to $105 for contact lenses that are not medically necessary
|
Where the employee or dependent requires only one lens
|
100% of reasonable and customary charges 4/ |
100% of reasonable and customary charges up to a maximum of
one-half of the maximum benefit payable for a set of two lenses of the same kind
|
Section 2 - Administration
The Vision Care Plan will be administered by the National Carriers' Conference
Committee, which will bear the same responsibilities and perform the same functions as it
does with respect to The Railroad Employees National Dental Plan, including the
development of detailed plan language describing the Plan's eligibility, coverage, benefit
and other provisions.
ARTICLE V - BENEFITS ELIGIBILITY
Section 1 - Health and Welfare Plan
The Railroad Employees National Health and Welfare Plan ("the Plan") is
amended, effective June 1, 1996, as provided in this Section. In order for an Eligible
Employee (as defined by the Plan) to continue to be covered by the Plan during any
calendar month by virtue of rendering compensated service or receiving vacation pay in the
immediately preceding calendar month (the "qualifying month"), such employee
must have rendered compensated service on, or received vacation pay for, an aggregate of
at least seven (7) calendar days during the applicable qualifying month. Any calendar day
on which an employee assigned to an extra list is available for service but does not
perform service shall be deemed a day of compensated service solely for purposes of this
Section. Existing Plan provisions pertaining to eligibility for and termination of
coverage not specifically amended by this Section shall continue in effect.
Section 2 - Vacation Benefits
Existing rules governing vacations are amended, effective January 1, 1997, to provide
that an employee may take up to one week of his annual vacation in single day increments.
Section 3
This Article is not intended to restrict any of the existing rights of a carrier except
as specifically provided herein.
ARTICLE VI - RATE PROGRESSION ADJUSTMENT FOR PROMOTION
Section 1
Section 2
Local rate progression rules applicable on a carrier that is not covered
by the aforementioned Article III are hereby amended in the same manner as provided in
Section 1.
Section 3
This Article shall become effective June 1, 1996 and is not intended to
restrict any of the existing rights of a carrier except as specifically provided herein.
ARTICLE VII - SUPPLEMENTAL SICKNESS
The October 31, 1978 Supplemental Sickness Benefit Agreement, as
subsequently amended effective July 29, 1991 (Sickness Agreement), shall be further
amended as provided in this Article.
Section 1 - Adjustment of Plan Benefits
Section 2 - Adjustment of Plan Benefits During Agreement Term
Effective December 31, 1999, the benefits provided under the Plan shall
be adjusted so as to restore the same ratio of benefits to rates of pay as existed on the
effective date of this Article.
ARTICLE VIII - GENERAL PROVISIONS
Section 1 - Court Approval
This Agreement is subject to approval of the courts with respect to
participating carriers in the hands of receivers or trustees.
Section 2 - Effect of this Agreement
DATED THIS 8th DAY OF MAY, 1996, AT OKLAHOMA CITY, OK.
____________________
John B. Criswell
Chairman of Arbitration Board
___________________ ____________________
Preston J. Moore Robert O. Harris
Member of Arbitration Board Member of Arbitration Board
May 8, 1996
#1
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding that Side Letter Nos. 1, 2, 4 and 12 of
Document "A" of the Agreement of this date are hereby incorporated as part of
this Document.
Please acknowledge your agreement by signing your name in the space
provided below.
Very truly yours,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#2
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding reached as part of Document
"B" of the Agreement of this date.
During conferences, the organization asserted that recent changes in
operations on a number of carriers, including technological and work process improvements,
have affected yardmaster working conditions on those carriers and warrant consideration of
agreement changes for those yardmasters. The involved carriers dispute the organization's
assertions, but agree that the assertions raise sufficient concerns that deserve a more
careful investigation of the facts and circumstances on each of those particular carriers
than was possible in the multiemployer conferences resulting in the Agreement of this
date.
We have agreed that the discussions which have begun on these subjects
shall continue as a priority item on each of those respective carriers in an expedited
manner. The facts should be developed promptly for joint review by the involved parties.
The conferences should be further designed to expedite and enhance the opportunity to
reach joint voluntary solutions to these matters in dispute where necessary and warranted.
If either union group or carrier believes that the assistance of the Chairman of the
National Carriers' Conference Committee or the President of the organization would help
the parties reach solutions, we agreed to assist those parties to the fullest extent.
Please acknowledge your agreement by signing your name in the space
provided below.
Very truly yours,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#3
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding that the provisions of Document B of the
Agreement 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 acknowledge your agreement by signing your name in the space
provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
May 8, 1996
#4
Mr. Charles L. Little
President
United Transportation Union
14600 Detroit Avenue
Cleveland, Ohio 44107
Dear Mr. Little:
This confirms our understanding that during preparation of final
contract language of the 1996 National Agreement of this date, the parties agreed that
Articles VII and X and Side Letter Nos. 6 and 8 of Document "A" shall be
considered incorporated into Document "B".
Please acknowledge your agreement by signing your name in the space
provided below.
Yours very truly,
Robert F. Allen
I agree:
______________________
C. L. Little
ATTACHMENT A
TERMINAL COMPANIES SUBJECT TO ARTICLE X