Co. File: E&F 188-140
Org. File: F-23800-60
MEMORANDUM OF AGREEMENT
by and between the
SOUTHERN PACIFIC TRANSPORTATION COMPANY
and its Firemen and Hostlers
represented by the
UNITED TRANSPORTATION UNION
PREAMBLE
The following Agreement is in full and final settlement of Section 6 notices served by the United Transportation Union (Organization), dated July 25, 1988, and Section 6 notices served by Southern Pacific (Company) dated January 8, 1991. The parties recognize the applicability of Article III of the November 1, 1991 IMPLEMENTING DOCUMENT concerning health and welfare and early retirement/major medical to firemen and hostlers on Southern Pacific (Western Lines). In this respect the parties agree that, firemen/hostlers covered by this specific contract will not be required to pay any part of the costs of health insurance for the life of this Agreement.
In the event legislation/regulations are passed which modify Article III of the November 1, 1991 Implementing Document concerning health and welfare and early retirement/major medical, such modifications will be applicable to firemen/hostlers on Southern Pacific (Western Lines).
It is understood that firemen/hostlers on Southern Pacific (Western Lines) will not be required to pay any health and welfare and early retirement/major medical costs which other employees of Southern Pacific Lines covered by national agreements are not required to pay.
IT IS AGREED:
ARTICLE 1 - PERFORMANCE OF HOSTLING SERVICE
Section A: Performance of hostling service will be subject to the rates of pay, rules and working conditions set forth in the agreement between SP and UT (E governing firemen and hostlers/hostler helpers on Western Lines.
Section B: Commencing not later than ninety days following ratification, only system hostlers or firemen who established seniority in engine service subsequent to June 30, 1991, will be used to perform hostling service, except as set forth in Article IV, Section 2 of the National Manning Agreement, as revised, and handling of locomotives by road crews permissible under applicable road/yard rules. It is understood that the carrier will not use the incidental work rule as a basis for abolishing hostling positions.
ARTICLE 2 - FIREMEN PERFORMING HOSTLING SERVICE
Section A: Employees who established seniority as fireman prior to July 1, 1991, will have no rights or obligations to perform hostling service, except as specified in Item 4 of the System Hostling Agreement (F-20027-29; E&F 2-381).
Section B: Employees who established seniority as fireman subsequent to June 30, 1991, have rights to hostling service based on their seniority date as fireman and, when not working as an engineer, may not exercise other (other than fireman) seniority if needed to work as a fireman/hostler/hostler helper.
Section C: It is not the intention of this agreement to alter the rights and obligations of firemen other than specified herein.
ARTICLE 3 - EXISTING HOSTLERS PERFORMING HOSTLING SERVICE
Section A: Employees holding hostler seniority as of the effective date of this agreement shall maintain rights to hostling service as set forth in applicable agreements, including but not limited to the System Hostling Agreement.
ARTICLE 4 - AGREEMENT REVISIONS
Section A: All references to "hostler(s)", "hostler helper(s)", "hostling", etc. which appear in agreements applicable on SP (Western Lines) shall be interpreted to mean an employee who acquired seniority as a hostler pursuant to the System Hostling Agreement or a fireman exercising his/her seniority as fireman as set forth in Article 2 of this agreement.
Section B: Article 29, Section 6 is revised to read as follows:
Section 6. (a) New or vacant hostler (hostler he7per) positions or any assignment in hostling service in which one or more of the following is changed: the starting time by two (2) or more hours, on and off duty points, or rest days, will be bulletined for seniority choice of hostlers in accordance with the provisions of Article 39 and the senior applicant will be assigned. A hostler (hostler helper) who is on vacation or proper leave of absence will not be privileged to bid for and be assigned thereto. If no application is received, the junior employee on the host7ers' extra list will be assigned.
Note. A hostler (hostler helper) reporting for duty following vacation or proper leave of absence shall be privileged to displace an employee junior in seniority from an assignment advertised for seniority choice and assigned during the vacation period or leave of absence of the employee making displacement.
(b) This section does not require the assigning or calling of a fireman or outside hostler helper to perform outside hostler helper service which would consist of assisting an inside or outside hostler who normally performs inside host7ing service when such hostler makes an infrequent move in outside hostler service.
Conversely, it is not intended that the designation of outside hostler assignments 077 be changed in order to take advantage of the foregoing. Neither will the Company refrain from creating outside hostler assignments, when such assignments are warranted, in order to avoid the creation of outside hostler helper assignments.
Section C: Article 29, Section 9 is revised to read as follows:
Section 9. (a) Individuals acquiring seniority as firemen will be trained and qualified as hostlers and thereafter will be marked to the hostling extra list for first service, unless:
(i) required to fulfill experience requirements for promotion, or engaged in scheduled training program, or
(ii) the extra board does not stand to be increased, in which case the newly qualified host7ers will be permitted to exercise other seniority.
In the event the hostling extra list does not stand to be increased, the senior firemen assigned to or working in hostling service who are entitled to exercise their seniority as provided in Section 9, Article 43 and have filed written requests to be released will be released in number equal to the number of newly hired firemen placed on the extra list.
Sections 9(b) and 9(c) are canceled.
Section D: Section 10 of Article 29 is canceled and replaced with the language of Item 8(a) of the System Hostling Agreement.
Section E: Article 29, Section 11 is revised to read as follows:
"After a hostler (hostler helper) position has been vacant for three (3) days, the senior qualified hostler (hostler helper) applying for the position will have preference for same until the regularly assigned hostler (hostler helper) returns.
"Note: A hostler (hostler helper) taking a hostling vacancy will not be permitted to give up same and return to hislher own assl . gnment or take another vacancy until after the expiration of ten (10) days unless displaced under the rules or assigned by bu77etin to another run."
Section F: Article 29, Section 18 is canceled.
Section G: Section 16 and Side Letter H of the System Hostling Agreement are canceled.
Section H: Effective June 1, 1994, Article IV, Section 2(c) of the July 19, 1972 National Manning Agreement will be revised to read as follows:
Employees in engine service who established seniority prior to November 1, 1985 will continue to fill hostler and hostler helper positions and vacancies thereon in accordance with agreements in effect as of that date.
ARTICLE 5 - DIFFERENTIAL
Section A: Commencing January 1, 1994, firemen and hostlers on Western Lines who meet one of the seniority qualifications set forth below will be paid $11.00 for each tour of duty worked. This $11.00 differential will not be paid for deadhead tours of duty unless deadheading is combined with service and paid for on a combination basis.
(i) Have established seniority in engine or train service as
of the effective date of this Agreement, or
(ii) Establish seniority as a Western Lines fireman or hostler
subsequent to the effective date of this Agreement, and is a "protected
employee" under a crew consist agreement in effect on Western Lines, or
(iii) Is identified as a participant fn a training program leading to seniority as a fireman or hostIer on Western Lines as of the effective date of this Agreement and who successfully completes such training program and acquires a seniority date as fireman or hostler.
Section B: The $11.00 differential provided by this Article will increase to $14.00 effective July 1, 1994.
Section C: Effective January 1, 1995 the $14.00 allowance provided fireman/hostlers by Section B of this Article will be rolled into the basic day. Thereafter, the $14.00 allowance will no longer be payable.
Section D: The basic day with the $14.00 allowance included will be applicable to all firemen/hostlers who meet the requirements to qualify for the $11.00/$14.00 differential pursuant to Section A of this Article.
Section E: The existing basic daily rate (without the $11.00/$14.00 allowance included) shall continue to be applicable for all fireman/hostlers except those specified in Section D above.
Section F: The basic daily rates as provided in this Article will be used to calculate all compensation for which the basic daily rate was used immediately prior to the effective date of this agreement such as, but not limited to, overtime, deadhead, guarantees and vacation pay. No change in the application of Article IV, Sections 5 and 6 or Article VI, Section 2(b) of the October 31, 1985 UTU National Agreement is intended by this agreement.
ARTICLE 6 - MEALS
Section A: Article 56, Section 1(a) shall be revised to read as follows:
"In lieu of a right to request a me.al period enroute, firemen in all classes of road service will be paid a fixed allowance of $12.50 per tour of duty, which will be non-taxable to the extent provided by law. It is expected that firemen who desire to eat enroute will carry their lunch and eat during their tour of duty as time allows. This fixed allowance will not be paid for trips consisting of deadhead only."
Article 56, Section 1(b) shall be blank.
Article 56, Section 1(c) shall remain as written.
Section B: Effective April 1, 1994, hostlers (including firemen performing hostling service), may elect, as a group on a source of supply basis, to substitute the following language for Article 29, Section 13, at that source of supply:
"In lieu of the provisions set forth in Section 13 of Article 29, hostlers will be paid a fixed allowance of $12.50 per tour of duty. It is expected those hostlers will carry their lunch and eat during the tour of duty as time allows."
NOTE: Elections under this Section B made subsequent to April 1, 1994 (either to initiate the election set forth herein or to change a prior election), will be effective thirty (30) days after written notice from 'the General Chairperson is received by the Company.
Section C: The meal allowance provided in Article XIV of the October 31,1985 National UTU Agreement will be increased from $4.15 to $6.00 on the effective date of this Agreement. An employee held at the away-from-home terminal will be entitled to the allowance after being held 4, 8 and 12 hours. If not on continuous held-away-from home terminal pay, the cycle will repeat itself after the expiration of 24 hours from tie-up time. In all other regards, the allowance will be paid consistent with the manner in which this allowance has been paid in the past.
ARTICLE 7 - RATE PROGRESSION PROVISIONS
Section A: The rate progression provisions of Article IV, Section-6 of the October 31, 1985 UTU National Agreement wil'l not apply to employees who have established seniority in engine or train service prior to the effective date of this Agreement.
ARTICLE 8 -HOLIDAY REVISION
Section A: The list of holidays contained in Article 59 1/2 of the Agreement governing Firemen and Hostlers shall be revised to read as follows:
New Year's Day
Martin Luther King, Jr.'s Birthday
Washington's Birthday
Decoration Day (Memorial Day)
Fourth of July
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
ARTICLE 9 - DISABILITY INSURANCE
Section A: The Company shall contribute toward the cost of a disability policy for Western Lines firemen and hostlers. The Company's contribution shall not exceed $35.00 per month for each active Western Lines fireman or hostler. The General Chairperson has the option to select the insurance carrier to cover all Western Lines firemen and hostlers. If, after selection of the insurance carrier by the General Chairperson, the organization determines that it is in the best interest of the employees to change -insurance carriers, the General Chairperson will consult with the Company prior to effecting any change of the insurance carrier. Depending on the level of benefits selected, employee contributions may be necessary should the monthly premium cost exceed $35.00 per month for each active fireman or hostler.
Section B: The contribution set forth in Section A of this Article shall become effective not later than the first of the month following the month in which this agreement becomes effective.
ARTICLE 10 - 401(k) PLAN
Section A: The Company agrees to provide a 401(k) plan (effective on the next "first of a month" occurring at least seventy five days after the effective date of this agreement) to the extent permissible by law/regulation for all employees covered by the terms and conditions of this Agreement. The Company agrees to absorb the administrative costs of such plan. It is agreed that the UTU will have a seat on the plan administrative committee.
ARTICLE 11 - TRAINING ALLOWANCE
Section A: A training allowance will be paid to hostlers and hostler helpers when accompanied (either working or in training) on their tour of duty by a fireman who has not yet received certification as a locomotive servicing engineer.
Section B: In the event such employee is placed on a hostler crew consisting of hostler only, the hostler shall 'receive $20.00 in addition to all other earnings for each tour of duty. If the crew consists of a hostler and hostler helper, the allowance will be $10.00 per crew member.
Section C: Hostlers and hostler helpers paid this allowance may be required to complete evaluation forms concerning the employee being trained.
Section D: A hostler whose certificate is revoked as a result of an incident which takes place as a result of the action of an uncertified helper or trainee will be permitted to work as a hostler helper for the period of the revocation, seniority permitting.
ARTICLE 12 - MAKE WHOLE
Section A: Article 37, Section 17 of the agreement covering firemen and hostlers shall be modified with respect to an extra hostler who is not called in turn and who performs no service prior to the next subsequent shift range, through no fault of his/her own. Such extra hostler will be allowed the amount of earnings he/she would have made if he/she had been properly called in turn. The amount of this allowance will be included in the calculation of guarantee. This allowance is made in recognition that extra hostlers are only required to protect call during the three calling periods in a calendar day.
ARTICLE 13 - BEREAVEMENT LEAVE
Section A: The application of bereavement leave as set forth in Article XII of the August 25, 1978, National UTU Agreement shall be modified to permit payment of three minimum basic days' pay 'at the rate of the last service rendered for bereavement leave without regard to whether the employee stood to perform service on any of the three days.
Section B: Bereavement leave will be allowed in the case of death of an employee's following relatives:
Brother
Sister
Parent
Child
Spouse
Spouse's parent
Half-brother
Half-sister
ARTICLE 14 - VACATION
Section A: Firemen and hostlers will be permitted to elect up to two weeks of their vacation as daily splits.
Section B:
1. Firemen and hostlers may request daily splits of one or two weeks (7 or 14 days), of their qualifying weeks of vacation, with the remainder of vacation weeks, if any, assigned in accordance with applicable agreements.
a. Firemen and hostlers
must indicate the number of weeks to be utilized as daily splits on the annual vacation
request form. Failure to stipulate requests for splits will result in vacation being
assigned in accordance with applicable agreements.
b.
Daily rates of pay for the week(s) utilized for daily splits will be
calculated pursuant to rules currently in effect.
2. For each week of vacation, an employee shall be paid 1/52 of the compensation earned by such employee under schedule agreements during the calendar year preceding the year in which the vacation is taken; provided that, if the vacation is taken during the time such employee is working in road service such pay shall be not less than six minimum basic days' pay at the rate of the last road service rendered, and if the vacation is taken during the time such employee is working in yard service, such pay shall be not less than five minimum basic days' pay at the rate of the last yard service rendered. It is understood that for purposes of daily vacation splits, the monetary calculations for the week's vacation specified in each instance above will be divided by seven for determining the basic daily rate.
EXAMPLE ONE: Earnings of $43,000 - 52 weeks = $826.92 + 7 days = $118.13 daily vacation rate.
EXAMPLE TWO: Basic fireman road rate of $108.25 x 6 days = $649.50 + 7 days = $92.79 daily vacation rate.
EXAMPLE THREE: Basic hostler rate of $111.63 x 5 days = $558.15 - 7 days = $79.74 daily vacation rate.
Section C: Daily splits may be granted one to five days at a time, as requested, if there are sufficient firemen/hostlers to protect the service.
Section D: Daily splits, when allowed, will be on a first request submitted basis; however, no request may be made earlier than 48 hours before the daily splits are taken.
Section E: Daily splits shall commence at 12:01 AM and shall end at 12:01 AM the following day.
1. Extra employees must be available for service by the end of the last day of any period of split vacation. Extra employees will be automatically marked up at 12:01 AM of the day following the last daily split unless other arrangements are made in advance with the appropriate Company authority.
Section F: All daily splits must be taken between January 1 and November 30 of the calendar year.
1. Firemen/hostlers who have not utilized their daily splits by November 30 will have the remaining days scheduled in January, February, or March of the following year, with participation of the Local Chairperson.
Section G: It will be the responsibility of the individual fireman/hostler to track his/her daily split(s) to assure that days are not scheduled in a manner to cause excess vacation to be taken.
Section H: Except as otherwise provided herein, all provisions of the April 29, 1949 Vacation Agreement, as amended, and Decisions of the Disputes Committee will remain in full force and effect.
Section I: Sections A through G of this Article will become effective for 1995 vacations, and are without prejudice to the position of either party, will not be referred to in connection with any other agreement (local or national), case and/or arbitration, and may be canceled by either party upon ten days' written notice by September 1 of each calendar year, to become effective December 31 of that year, commencing September 1, 1994.
Section J: Firemen/hostlers who become eligible for an additional week's vacation during their anniversary year (2nd, 8th, 17th and 25th under existing agreement provisions) will be granted the additional week on or after the anniversary date. The employee(s) will be allowed the additional week of vacation if they have taken all, or any portion of, their assigned vacation prior to their anniversary date. In the event the employee(s) anniversary date falls on or after December 25th, the employee(s) will be permitted the additional week prior to their anniversary date provided the additional week is added onto the end of and/or beginning of a scheduled vacation period.
ARTICLE 15 - PLANT RATIONALIZATION
Section A: The Carrier has proposed selling or leasing certain branch lines listed below. These proposed transactions have progressed to the point of having operating and marketing plans prepared and financial bids submitted. These include the Tillamook, Siskiyou, Coos Bay, NWP, Napa, Vallejo, West side, West Valley, and Ione branches, SJVRY), expansion (Buttonwillow/Lower .Westside/Riverdale), Santa Paula (use of VC Torrance/El Segundo branches and sales or leases of lines to public transit agencies for passenger operations.
Without prejudice to the above, and preserving the Organization's rights regarding any and all line sales, the selling or leasing of other lines on the Western Lines will not be initiated, progressed or consummated during the term of this Agreement without Western Lines and UTU first entering into a negotiated agreement with respect to the employment or protection of those employees affected by such sale or lease.
ARTICLE 16 - AWAY FROM HOME LODGING
Section A: Firemen who desire not to utilize Company-provided lodging at the away-from-heme terminal will be entitled to an allowance of $20.00 per trip in lieu of lodging. Firemen desiring to exercise the option must declare in writing to the designated Company official, with a copy to the Local Chairperson, 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, firemen eligible for this $20.00 allowance must remain available for call by commercial telephone.
ARTICLE 17 - CHANGES IN HOME TERMINALS
Section A: No interdivisional service requiring a change in home terminal will be implemented prior to December 31, 1994, unless agreed between the parties, with the exception of interdivisional service proposed between West Colton and Long Beach (ICTF). The restriction set forth in the prior sentence shall also apply to interdivisional notices (if any) which have been served, but not yet implemented, through December 31, 1994.
ARTICLE 18 - GROWTH PARTICIPATION
Section A: This Article sets forth the terms and conditions of a "gainsharing" plan that provides that certain payments may become payable if the Company's turnaround plan is successful and if the combined carriers meet or exceed operating income levels as described below:
1. If operating income in any year (1994 or 1995) exceeds $258.6 million, employees will be entitled to a 3% lump-sum payment based on the individual's W-2 earnings plus 401(k) contributions to be paid by the end of the first quarter in the year immediately following the year in which operating income met or exceeded the target.,
ARTICLE 19 - LOCAL CHAIRPERSON CONFERENCE OF TIME CLAIMS
Section A: A time claim conference requiring access to centralized crew records will be scheduled as needed. A Local Chairperson attending will be allowed auto mileage or be provided airline tickets (in advance when requested), lodging if overnight stay is required, and will be allowed 175 miles for each day.
Q. Will the Local Chairperson be reimbursed if he/she obtains his/her own airline ticket?
A. Yes, providing such ticket involves a fare reasonably comparable to the ticket which would be furnished by the Company.
Section B: Within ninety days from the Company's denial, the Local Chairperson will prepare and present to the Manager of Timekeeping a list of claims to be conferenced. Time limits will be suspended until the claim is conferenced. Once the claim has been conferenced:
(i) if allowed, payment will be made within thirty (30) days.
(Ii) if denied, in conference, the Local Chairperson will have ninety (90) days following date of conference to appeal claim to the Manager of Timekeeping. The ninety (90) days is to be computed from the date of conference to the date of postmark of appeal.
It shall no longer be necessary to advise an Officer of the Company that their decision is not acceptable or of the intention to appeal.
ARTICLE 20 - EMPLOYEE INVOLVEMENT PROGRAMS
Section A: Selection of Participants. The Company's General Manager, or designate, and the Local Chairperson of the UTU-E 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: Review and Veto Rights.
1. All projects, subjects and topics of consideration of the Employee Involvement Program will be available for review by the General Chairperson. When the General Chairperson determines that a project is subject to or is in conflict with the terms and conditions of the collective bargaining agreement, the General Chairperson shall have the absolute right to review and/or terminate the project, subject and/or topic of consideration.
2. 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 Chairperson, 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: Compensation. Employees will be compensated for a day's attendance in involvement programs in the following manner:
1. If the employee does not lose a work opportunity, the employee will be compensated a minimum basic day at the applicable straight time rate of pay.
2. If the employee loses a work opportunity, the employee will be compensated for all lost wages and credits, as if the employee had worked his/her lost work opportunity.
Section D: Training. Employees participating in Employee Involvement Programs will be jointly selected for corporate education programs by the General Manager, or designate, and the Local Chairperson.
ARTICLE 21 - SYSTEM SENIORITY
Section A: The parties will commence discussions to establish system seniority for firemen/engineers. The system seniority agreement shall contain provisions which will:
(i) not create additional expense to the carrier
(ii) protect the exigencies of the service
(iii) assure that the exercise of extended seniority does not cause shortage of engine service employees on previously existing seniority districts
(iv) assure that exercise of extended seniority does not result in creating a surplus of engine service employees on any district.
(v) permit recall to original seniority district
Section B: In the event that discussion of system seniority for engineers is commenced, it is understood that the UTU-E will be entitled to participate in such discussion for the purpose of establishing compatible agreements regarding firemen seniority. The foregoing is without prejudice to the position of either party regarding whether the concurrence of UTU-E is required to establish system seniority for engineers.
Section C: It is understood that this Article does not affect the system seniority rights of system and fixture hostlers as they exist on the effective date of this Agreement.
ARTICLE 22 - SCOPE RULE
Section A: This agreement is applicable to all employees whose rates of pay, rules and working conditions are governed by a collective bargaining agreement between the United Transportation Union-Engine Service and Southern Pacific Western Lines. Unless referred to as "other employees," the term "employee(s)" used in this Agreement refers to those encompassed in the preceding sentence.
Section B: Unless specifically set forth in this Agreement, nothing in this Agreement is intended to change, modify, or alter the specific practices or agreement provisions between the parties regarding the scope of duties held by employees represented by the UTU.
Section C: Employees whose rates of pay, rules and working conditions are governed by a collective bargaining agreement between United Transportation Union - Engine Service and Southern Pacific Western Lines will be the sole employees eligible to work as a fireman (student engineer) or hostler (locomotive servicing engineer).
ARTICLE 23 - SAVINGS CLAUSE
Section A: The parties to this Agreement agree that all Agreements, Side Letter Agreements, moratoriums, understandings, including, but not limited to basic day mileage in effect between the parties, will remain in full force and effect subject to its terms unless specifically changed and/or modified by this Agreement.
ARTICLE 24 - GENERAL
Section A: The parties to this Agreement shall not serve nor progress prior to November 1, 1994 (not to become effective before January 1, 1995) any Section 6 notice or proposal for changing any matter contained in this Agreement.
Section B: No party to this Agreement shall serve nor progress, prior to November 1, 1994 (not to become effective before January 1, 1995) any Section 6 notice or proposal which might properly have been served prior to the effective date of this Agreement.
Section C: This Article shall not bar the parties from agreeing upon any subject of mutual interest.
Section D: Unless stated otherwise, all references to Articles and Sections contained herein refer to the Agreement between Southern Pacific Western Lines and United Transportation Union - Engine Service governing firemen, hostlers, and hostler helpers.
Section E: The parties hereto recognize the complexities involved in this Agreement, and in keeping with its intent and purpose and the rights and responsibilities of the parties thereunder, arrangements will be made for periodic conferences for the purpose of agreeing on interpretations. It is further agreed that at least for the first year the agreement is in effect, disputes arising from its application will be handled expeditiously in conference by the General Chairperson and the Company's highest designated officer of Labor Relations. Such conferences will be held promptly at the request of either party.
This Agreement shall become effective on August 28, 1994.
FOR THE UNITED TRANSPORTATION UNION: FOR SOUTHERN PACIFIC LINES
________________________________ ____________________________
B. Boyd, Vice Pres., UTU T.J. Matthews, Chf Adm. Off.
________________________________ ____________________________
J. Previsich, Gen. Chrmn., UTU/E W.E. Loomis, Director
____________________________
P.A. Anderson, Manager
DIRECTOR WHEN REPLYING REFER TO:
W.E. LOOMIS Co. File: E&F 188-140
Org. File: F-23800-60
August 24, 1994
SIDE LETTER #1
Mr. J. Previsich, General Chairman
United Transportation Union, Engine Service
1860 El Camino Real, Suite 201
Burlingame, California 94010
Dear Mr. Previsich:
This is to confirm our understanding that it is not the intent of Article I, Section B to permit the transfer of hostling work from UTU-E represented employees to other employees. It is intended that hostling positions will be maintained or established to fill the needs of hostling service over and above that which is truly incidental to the normal duties of other employees. It is further understood that the Company will employ sufficient firemen to fill the needs of hostling service as set forth in this paragraph.
The parties were unable to agree on a precise definition of "incidental." Both parties agree that the settlement of any dispute which may arise in this regard is best left to the specific facts of the situation weighed in light of the statement of intent above. Should such disputes not be settled by agreement between the parties, the parties commit themselves to settlement by means of expedited arbitration.
Consistent with the foregoing, it is understood that the carrier will not use the incidental work rule as a basis for abolishing hostling positions.
If this letter correctly sets forth our understanding, please signify with your signature in the space provided below.
Sincerely,
W. E. Loomis
AGREED:
J. Previsich, General Chairman
DIRECTOR
W E. LOOMIS
(415)514-2605
WHEN REPLYING REFER T0:
Co. File:E&F 188-140
Org. File: F-23800-60
August 24, 1994
SIDE LETTER #2
Mr. J. Previsich, General Chairman
United Transportation Union, Engine Service
1860 El Camino Real, Suite 201
Burlingame, California 94010
Dear Mr. Previsich:
This is to confirm our understanding that representative(s) from UTU(E) will be invited and encouraged to participate on any committee(s) established to work with the issue of locomotive design, construction and maintenance.
Sincerely,
W. E. Loomis
AGREED:
J. Previsich, General Chairman