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Edited Version of UTU Contract the actual signed individual contracts should be used for legal matters. The actual signed individual copies can be obtained from: www.UTU.org Search Articles:
Rate to be paid on basis of one hundred fifty (150) miles per day and
forty five hundred (4500) miles (SEE BASIC DAY amendments on Page 2) Conductors. $.6736 $.6031 $108.92 $3280.55 (a) $13. 6150 Baggageman. $.6189 $.5586 $100.26 3007.80 12.5325 Brakeman $.6159 $.5558 $ 99.78 3005.15(b) 12.4725 Conductors. $.6723 $.6018 $108.92 $3274.00(a) $13.6150 Baggageman . 6189 . 5586 100.26 3015.60(c) ----------- Brakeman . 6159 . 5558 99.78 3005.15*(b) ----------- *Brakeman Los Angeles and San Diego $3000.05 (e) Other Locals: Mileage Rate Overtime First Over Rate 162 Miles 162 Miles Per Day Per Month Per Hour Conductor $.6723 $.6018 $108.92 $3267.50 $13.6150 Baggageman .6189 . 5586 100.26 3014.75 (d) 12.5325 Brakeman .6159 . 5558 99.78 3000.05 (e) 12.4725 SUNSET RAILWAY Mileage Rate Overtime First Over Rate 162 Miles 162 Miles Per Day Per Month Per Hour Conductor $.6723 $.6018 $108.92 $3267.50 $13.6150 Baggageman .6189 .5586 100.26 3015.60 12.5325 Brakeman .6159 .5558 99.78 3005.15(b) 12.4725 (A) Compensates for 4,675 miles (B) Compensates for 4,941 miles (C) Compensates for 4,781 miles (D) Compensates for 4,751 miles (E) Compensates for 4,750 miles Examples appearing in Schedule effective March 1, 1940 and
Interpretations BASIC DAY (b) One hundred and fifty (150) miles or less (straightaway or
turnaround) shall (As amended by 1985 National Contract see below) 1991 SECTION 2 Miles in Basis Day and Overtime Divisor (What is Basic Day Determination of when Overtime Begins) (a) The miles encompassed in the basic day in through freight and
through Effective Date Through Freight Service Through Passenger of Change Service Miles in Basis Overtime Miles in Basis Overtime Day Divisor Day* Divisor January 1, 1995 130 16.25 195-130 26.0 SECTION 2 (b) Miles in Basic Day and Overtime Divisor (Miles in Excess Of Basic Day) (b) Mileage rates will be paid only for miles run in excess of the
minimum number SECTION 2 (c) Miles in Basic Day and Overtime Divisor. (Number of Hours that must Lapse before Overtime Begins) (c) The number of hours that must lapse before overtime begins on a trip
in (c) When helper conductor is used on passenger train he will be paid at
the same Helper conductor will be provided for trains originating at Los Angeles,
San (d) In passenger service the working time will commence at the time
required to One designated point shall be established in all terminals where
passenger crew The minimum allowance for passenger service shall be time and mileage
computed --------------------------------------------------------------------------- "Referring to claim of train crews for one hour arbitrary allowance
account being We discussed these claims in conference August 28 and September 2 and it
was (From Understanding of September 15, 1947) (e) Short turnaround passenger runs, no single trip of which exceeds (80) miles, including suburban and branch line service, shall be paid overtime for
all time actually on For calculating overtime under this rule the Carrier may designate the initial trip. When called for extra or unassigned service under this section, the call
shall specify Under the operation of the 8-within-9 rule, where excessive overtime
earnings (f) On other passenger runs overtime shall be paid on a speed basis of
twenty miles (g) Overtime in all passenger service shall be paid for on the minute
basis at a rate (h) Regularly assigned passenger employees who are ready for service the
entire (i) Extra service may be required sufficient to make up these guarantees
, and may The bases of pay for extra service apply only in making up the
guarantees. After (j) When a regularly assigned passenger employee lays off on his own
accord or is (k) Reduction in crews or increases in mileage in passenger service from (l) For the purpose of avoiding payment of excess overtime on
turn-around runs in Per Day Conductor --------------------------- $109.82 Baggageman --------------------------- 101.16 Brakeman --------------------------- 100.68 (o) Crews will be assigned to all regular passenger runs when
earnings from (p) When necessary to operate a stub passenger train out of the
initial terminal of Where crews are assigned to a passenger train and train is split and run
in two (2) (q) (1) Railroad transportation presented on passenger trains,
will be handled by
(r) On all passenger trains suitable space will be
provided for conductors office (s) When necessary, in passenger service, to go on duty at Union
Station, Los Where crew in extra passenger service, including movie special, go on
and/or off (t) Extra passenger crews in other than interdivisional passenger
service, operating (u) Crew in assigned passenger service will not be required to make
turnaround on Where only one (1) member of through crew is used to accompany engine
when Where deadheaded Richmond to Oakland for passenger service, or where In extra passenger service turn around trip on Oakland District may be
coupled Trains consisting primarily of dead passenger equipment between Richmond
and (V) (1) The local freight conversion rule contained in
Article 2(k) of the schedule
(v) (2) The following applies to passenger service:
(w) (1) Extra crews operating extra or unassigned
trains will be allowed (w) (2) Under the rules extra passenger employees are entitled to
handle extra (w) (3) When extra passenger employees are not available, pool
freight crews may (x) A member of passenger crew required to handle or assist in
handling baggage, (y) Suitable seating accommodations will be provided for passenger
service (z) (1) Extra passenger trains operating wholly on Los Angeles
Division South of (z) (2) Extra passenger trains operating wholly between
Needles-Parker and (z) (3) Extra passenger trains originating on the Valley Division
North of Barstow, (z) (4) Extra passenger trains originating East of Barstow and
destined to Los (z) (5) When extra passenger crews are tied up at Barstow, as
outlined in (z) (6) When westbound extra passenger trains are consolidated at
Barstow, which (aa) Passenger Uniforms (aa) (1) The Company shall prescribe the standard uniform necessary
to be worn (aa) (2) Conductors and brakemen assigned to regular passenger
service or used to ------------------------------------------- (aa) (2) (a) Applicable to Los Angeles Brakemens Extra Board only.
and dropped to the foot of the board each time they stand to (From Agreement dated August 5, 1970) SANTA FE PASSENGER UNIFORMS (AA) (3) Uniforms shall consist for the present of the following: (1) Cap, coat, vest and trousers. (2) Uniform buttons, badge and insignia.
(aa) (14) Employees who protect passenger service,
either extra and/or short (aa) (15) Initial uniforms (suit pants and suit coats) and
replacements after uniform (aa) (16) Authorized Santa Fe uniform buttons will be provided at
Amtrak Uniform hats will be replaced at Amtrak expense, not to exceed two (2) each 12 months. Amtrak has the option of replacing only cloth cover on uniform hats. (aa) (17) All uniform items, excluding shoes and socks, must be
ordered from (aa) (18) Effective May 1, 1974, a Conductor (trainman) who makes
application (aa) (19) Failing to have either an Amtrak uniform or an
application for an Amtrak (aa) (20) Conductor (trainman) who does not have an Amtrak uniform
in his In application of this policy it is understood that if the conductor
(trainman) does (aa) (21) Conductor (trainman) having an Amtrak uniform or upon
receipt of (aa) (22) On and after the effective date of this agreement, a
Conductor (trainman) (aa) (23) Any Conductor (trainman) who receives a free uniform under
the (aa) (24) Any Conductor (trainman) force assigned to a permanent
vacancy in (From Memorandum of Agreement of June 8, 1972 as amended by (bb) Baggage service rules: (bb) (1) When checked baggage is loaded or unloaded enroute between
terminals Baggagemen when assigned may also handle U.S. Mail, express or other
similar (bb) (2) Trainmen assigned to regular baggage service or used to
protect relief The number of extra trainmen who must qualify to protect extra baggage
service (bb) (3) (a) Vacancies or new assignments in baggage service
shall be advertised in (bb) (3) (b) A successful applicant for train baggagemens
assignments shall be (bb) (3) (c) Each employee who bids in or displaces on a baggage
assignment must (bb) (3) (d) Should a employee take a train
baggagemans assignment and (bb) (3) (e) If before the 2 months are up he reverts into the
Trainmen ranks he (bb) (3) (f) If before the 2 months are up he is displaced from
baggage service and (bb)* (4) (a) All extra trainmen who have made student trips
and/or worked (bb)* (4) (b) Those outlined in paragraph (a) will be called from
the extra board in (bb)* (4) (c) Any trainman not qualified desiring to do so may
qualify by making (bb)* (4) (d) Extra trainmen runaround because of not being
qualified for baggage (bb)* (4) (e) In the event there are no experienced baggagemen
available on the (bb) (5) (a) In the event vacancy exists for a passenger brakeman
and a train (bb) (5) (b) Temporary vacancies (including vacation vacancies)
for train- In the event no qualified trainmen makes application for
train-baggageman vacancy An extra trainman is protecting a train- baggagemans vacancy under
the above (bb) (5) (c) Where a trainman does not have the right to work a full
2 months in (bb)* (6) In the event no qualified trainman makes application
for train- (From Letter Agreement of August 13, 1977) (bb) (7) Rates for handling Express, U.S. Mail and/or both. Mileage Rate Overtime First Over Rate 162 Miles 162 Miles Per Day Per Month Per Hour Baggageman Handling Express .6210 .5609 $100.60 ------------- 12.5750 Baggageman Handling U.S. Mail (A).6217 .5617 100.72 ------------- 12.5900 Baggageman Handling Express & U.S. Mail (B).6238 .5639 101.06 -------------- 12.6325
FREIGHT SERVICE THROUGH, IRREGULAR AND CIRCUS TRAIN SERVICE RATES OF PAY (a) Albuquerque and former Arizona Divisions (See Basic Day) Mileage Rate First Over 108 Miles 108 Miles Per Day Cents Cents Conductor............1.0051 0.9001 $108.55 Brakeman.............0.9465 0.8531 102.14 Between Mojave and Bakersfield: (See Basic Day) Mileage Rate First Over 108 Miles 108 Miles Per Day Cents Cents Conductor............1.0334 0.9257 $111.61 Brakeman.............0.9749 0.8795 105.29 NOTE: No change to be made in the present basis or rate of pay for
all miles All overtime earned on any trip between Barstow and Bakersfield, whether The higher rate named will not apply for any short service performed
between SUNSET RAILWAY (See Basic Day) Mileage Rate First Over 108 Miles 108 Miles Per Day Cents Cents Conductor............1.0114 0.9060 $109.23 Brakeman.............0.9504 0.8577 102.64 LOS ANGELES DIVISION OF BARSTOW (See Basic Day) Mileage Rate First Over 108 Miles 108 Miles Per Day Cents Cents Conductor............0.9992 0.8946 $107.91 Brakeman.............0.9403 0.8320 101.55 VALLEY DIVISION NORTH OF BAKERSFIELD (See Basic Day) Mileage Rate First Over 108 Miles 108 Miles Per Day Cents Cents Conductor............0.9890 0.8859 $106.81 Brakeman.............0.9224 0.8320 99.62 (b) Article I(a) of National Agreement of May 26,1955, reads as follows: ARTICLE 1 (a) Road Freight Conductors and Trainmen Effective June 16, 1955, the basic daily rates for conductor, "BASIS OF PAY Maximum number of cars Amounts to be added to the (including caboose) hauled Basic Daily road in train in road movement Freight Rates...Conductors, at any one time on road trip Brakemen and Flagmen anywhere between initial starting point and point of final release Less than 81 cars $ .35 81 to 105 cars 1.00 106 to 125 cars 1.40 126 to 145 cars 1.65 146 to 165 cars 1.75 (Add 20 cents for each additional block Article 2 NOTE: Where under existing rules or practices on an individual
carrier (As amended by National Agreements of 1968) (See Appendix I) (Note above does not have application on the districts between Winslow
and BASIC DAY (c) One hundred miles or less, eight (8) hours or less
(straight-away or turnaround) (d) On runs of 100 miles or less, overtime will begin at the
expiration of eight (8) hours; (As Amended by 1985 National Contract) 1985 - ARTICLE IV - PAY RULES SECTION 1(a) & (b) - Mileage Rates (a) Mileage rates of pay for miles run in excess of the number of
miles comprising (b) Mileage rates of pay, as defined above, applicable to
interdivisional, (a) Passenger service and 100 miles for engine crews and 150 miles for 1991 SECTION 2 - Miles in Basic Day and overtime Divisor (What is Basic Day - Determination of when Overtime Begins) (a) The miles encompassed in the basic day in through freight and Effective Date Through Freight Service Through Passenger Service of Change Miles in Basic Overtime Miles in Basic Overtime Day Divisor Day* Divisor July 29, 1991 114 14.25 171-114 22.8 January 1, 1992 118 14.75 177-118 23.6 January 1, 1993 122 15.25 183-122 24.4 January 1, 1994 126 15.75 189.126 25.2 January 1, 1995 130 16.25 195-130 26.0 * The higher mileage numbers apply to conductors and brakemen and
the (b) Mileage rates will be paid only for miles run in excess of the
minimum (c) The number of hours that must lapse before overtime begins on a
trip (e) When constructive mileage is allowed same to be employed in computing overtime. Constructive mileage will be allowed in freight service as follows: In Both Directions Between Winslow and Williams 100 miles Between Winslow and Ash Fork 129 miles **Between Winslow and Seligman 159 miles Between Williams and Ash Fork 29 miles Between Seligman and Ash Fork 30 miles Between Seligman and Williams 59 miles **Between Seligman and Needles 153 miles Between Bakersfield and Tehachapi 53 miles Article 2 Between Needles and Barstow E.B. 170 miles Between Tehachapi Wye and Mojave 24 miles W.B. 172 miles Between Barstow and Mojave 69 miles Between San Bernardino and Barstow 100 miles ** The provision of Article 2(e) of the Conductors and
Trainmens Schedule Fireman $20.09 Conductor 19.78 Brakeman 18.63 This allowance will not be subject to future wage increases and/or
cost-of-living (f) On any district, the mileage of which is less than 100 miles,
for which 100 (g) In pool or irregular freight service crews may be called to make
short trips (See Question and Decision on next page) Question 104: Must the crew actually leave the terminal before expiration of eight (8) hours? Decision: No, but crews should not ordinarily be required to begin work on the second or succeeding trip when it is apparent that the departure from the terminal will be delayed beyond eight (8) hours from going on duty on initial trip. NOTE: Crew used in short turnaround service under the above and held at terminal for an additional turnaround trip and crew is not used for additional trip and is released, will hold turn as per their arriving time at terminal with respect other crews that arrived at terminal behind them. It is understood that the crew that made short turnaround trip will not be compensated under the terms of the runaround rule if crew arriving behind them are used between the time of their arrival and the time relieved. (b) When called for service under this clause the number of trips need not be specified, but the call should specify turnaround service. Article 2 SHORT TURN-AROUND SERVICE (i) Crews used in short turnaround service may be used in either or both directions out of the initial terminal, in territory where it is permissible to use them for other than short turnaround trips. Short turnaround trips may not be connected with straightaway trips and be paid continuous trip basis. (j) On the Los Angeles Division trips in through and irregular freight service other than those described in paragraph (g) a new day will begin when the time of actual departure from Los Angeles is eight (8) hours or more from the time of going on duty on the initial service. LOCAL FREIGHT CONVERSION (k)(1) In freight or mixed service, regular or irregular, assigned or unassigned, crew shall be paid local freight rates on trips when required to load or unload L.C.L. shipments, except that on mixed runs where mixed rate is higher than local, such higher rates will be paid. (k)(2) Crews in work train service required to load or unload commercial L.C.L. freight, such as in normally handled by locals, local rate shall apply if higher than work train rates. (k)(3) Crews doing station switching shall be paid not less than local freight rates. (k)(4) Crews consuming 1 hour and 45 minutes or more picking and/setting out cars and required to pick up and/or set out at three (3) or more stations shall be paid not less than local freight rates, such time to be accumulative and computed from time the work is begun until completed and train coupled together. NOTE: Picking up or setting out cars and/or terminal switching at terminals where crews are paid for initial and/or final terminal switching as an arbitrary will not be considered in applying this rule. (k)(5) The setting out of an inbound train and picking up of an outbound train at the turning point of a turnaround trip constitutes a setout and a pickup. INTERPRETATION: Train arrives at a station with cars to set out. The fact that such cars may be in two or more places in the train on arrival is not to be considered as station switching. Of course, the time setting them out would come under the 1 hour 45 minutes rule but would not be considered station switching simply because the cars to be set out were in more than one place in the train. It is understood that if a crew having no cars to pick up or set out is required to take its engine and move or spot cars already at such station such work shall be considered station switching. EXAMPLES AGREED TO FOR PAYMENT UNDER ARTICLE 2(K) Example 1: Train arrives at station with one or more cars to set out, say on No. 2. They find a car spotted on track No. 2 which agent instructs them to shove back to the lower end of track No. 2, then pull ahead and spot the car they are to set out at a certain point on track No. 2, which is done. This is not station switching, it being a straight shove, but would come under paragraph four (4). Example 2: Crew having one or more cars to set out, say at the house, finds a number of cars on the house track which they are required to shove back, then cut a crossing and pull ahead in order to spot the car to be set out. This is not station switching, but would come under paragraph four (4). Article 2 Example 3: Crew has one or more cars to set out, say at the house. In order to set car or cars at the house it is necessary to place same behind cars already on house track or pull one or more cars off the house track and place on some other track. This is station switching under paragraph three (3) inasmuch as it is necessary to make a switch in order to put their car or cars to the house. Example 4: Crew has one or more cars to pick up. Car to pick up is behind one or more cars. In order to pick up it is necessary to make switch and whether the car which were standing ahead of the car or pick up are spotted back where they were placed on another track the move would be considered station switching under paragraph three (3). Example 5: Crew instructed to pick up or set out a number of water cars and in doing so required to spot and fill some cars. The time required to fill the cars would be considered in connection with the 1 hour 45 minutes time limit necessary to convert train into local under paragraph four (4). Example 6: Crew or crews originating or terminating at an outlying point are required to make up or break up their own train and in doing so required to make switch, the paragraph three (3) shall apply. Example 7: Crew or crews originating or terminating at an outlying point are required to make or break up their own train and in doing so no switch is made, the time consumed in making up or breaking up train will be figured in computing the 1 hour 45 minutes as shown in paragraph four (4). Example 8: Crew arriving at one of the terminals named in Switching Rule (Appendix A) required to do station switching while on overtime, as provided for in said switching rule, will be considered as having performed station switching as provided for in paragraph three (3). (l) Solid trains of silk in baggage or express cars will be handled by through freight employees, by districts, and paid on through freight basis. (m) Crew members will not be required to manipulate ventilators at terminals. (n) Unassigned Harbor District work will be protected by Los Angeles extra employees, when available in lieu of San Bernardino pool crews. (o) Road mileage is calculated from depot to depot, except on trains originating in River Yard at Belen and 22nd Street Yard at San Diego; the road mileage will be calculated to or from the center of those yards.
INTERDIVISIONAL SERVICE (From Agreement of June 9, 1972, as amended effective March 1, 1973) Section I. Pursuant to Article XII of the National Agreement dated January 27,1972, with the United Transportation Union, it is agreed that The Atchison, Topeka and Santa Fe Railway Company coast Lines will establish intradivisional service pool freight crews as set forth below. (a) Intradivisional service will operate from terminal of Richmond, California, to the terminal of Calwa, California and the reverse. (b) Richmond and Calwa, California, will continue to be the home terminals for the Second District freight crews, Pool freight crews will operate through the terminal of Riverbank.. (c) Richmond crews upon arrival at Calwa will be called for service subject to their availability under the Hours of Service law ahead of Calwa crews; however, not more than two (2) Richmond crews will be worked out of Calwa before using a Calwa crew. The same principle shall apply at Richmond. Mileage will be equalized between the sides of the district weekly. Section I, paragraph (c) of the Intradivisional Agreement of June 10, 1972, modified as follows, effective March 1, 1973: The present pertinent language reads as follows: "Mileage will be equalized between the sides of the District weekly." The application of the above sentence will be changed, and effective March 1, 1973, the mileage will be equalized between the sides of the District on the 10th, 20th, 30th of each month, the month of February being compensated for. At the expiration of each 10-day period mileage will be equalized between the sides of the District, i.e., Calwa and Richmond, so that there will be a variance of no more than two (2) one-way trips. The one or two one-way trip variance will be added to the next 10-day period as a factor in determining proper equalization for the following 10-day period. (See next Page) The parties also agree to permit the Carrier to deadhead home terminal crews to their terminal, out of sequence, without regard to the two-to-one ratio, provided that this strategic deadheading is for the express purpose of equalizing mileage between the sides of the District. Under these circumstances the crew involved will be advised on call that they are being strategically deadheaded for mileage equalization purposes to avoid an unnecessary controversy. (d) All crews at their away-from-terminal after eighteen (18) hours off duty will either work subject to Paragraph (c) or deadhead on or before (commercial transportation) the first intradivisional train. (e) In respect to deadhead crews at their away-from-home terminal, it is agreed that crews can be deadheaded out of turn with respect to home terminal crews, when excess crews are at their away-from-home terminal. (f) All deadheading will be paid for by the Carrier. Deadheads will be counted as turns. It is understood Richmond and Calwa crews will not be worked out of turn except as outlined above. (g) Crews, except as provided in Paragraph (d) above, will be deadheaded on the faster through freight trains or commercial transportation, i.e., passenger trains, buses, taxis, etc. (h) Employees in intradivisional service who are ordered to appear at investigations at other than their home terminal will be paid deadhead mileage. Section II. All miles run over 100 shall be paid for at the mileage rate established by the basic rate for the first 100 miles or less. (a) When crews are required to report for duty or are relieved from duty at point other than the on and off duty points fixed for the service established hereunder, the Carrier shall provide suitable transportation for the crews. (b) At away-from-home terminals the Carrier will provide suitable lodging or an allowance in lieu thereof as required in the current Lodging Agreements. Commencing on the effective date of this Agreement, Carrier will furnish suitable lodging to all employees here involved and continuing until July 1, 1972. Subsequently thereto each employee will have the choice of being furnished suitable lodging or an allowance in lieu thereof, as required in the current Lodging Agreements, such choice to be made in writing not later than ten (10) days prior to July 1, 1972, and subject to change only on ten (10) days written notice prior to December 1 and June 1 of each year thereafter. (c) At Richmond and Calwa if the distance between point of going on or off duty and the point nearest available change off point is in excess of 1/4 mile, transportation will be furnished. (d) All crews who are entitled to transportation will be furnished transportation promptly, but no later than twenty (20) minutes after their tie up time, or the crew will be permitted to use commercial transportation and be reimbursed for same by the Carrier. The twenty (20) minute period provided for above will apply to the pick-up time of the first train crew member, however in no event will the last member of the train crew be picked up later than thirty (30) minutes after his tie up or he will be permitted to use other commercial transportation. NOTE: For the territory between Richmond and Calwa the mileage question (mileage to make up the 100 mile basic day between terminals) will be submitted to arbitration for decision. If the employees prevail, the mileage in dispute will be allowed by the Carrier to each employee affected retroactive to the date that the new intradivisional runs commenced, April 7,1972. Section III. (a) Intradivisional Crews under this Agreement will not trade off trains between their initial and final terminals. (b) In intradivisional service covered by this Agreement, crews will receive overtime rate after being on duty ten (10) hours in addition to mileage run. (c) All other services of the home terminals will be protected by the respective extra boards with the exception of regular assignments between Calwa and Riverbank and Richmond. Section IV. (a) Each member of the crew will be allowed a $2.75 meal allowance after four (4) hours at the away-from-home terminals and another $2.75 allowance after being held an additional eight (8) hours until changed by later agreement. (As revised by National Agreement of 8-25-78.) (b) In order to expedite the movement of these intradivisional runs, the Carrier shall determine the conditions under which such crews may stop to eat. When crews are not permitted to stop to eat, members of such crew shall be paid an allowance of $1.50 for the trip. (See next Page) Notwithstanding the above, crews who are required to make setouts and/or pickups at more than three (3) locations, exclusive of setting out bad order cars from their train, will be permitted to eat with notification to the dispatcher. In the event these crews do not eat they will be allowed the $1.50 allowance provided above. Section V. Nothing herein contained shall be construed as modifying or amending any of the provisions of the Schedule Agreements between the Carrier and the UTU except as specifically provided herein. Section VI. This Agreement shall become effective 12:01 AM, June 10, 1972, and remain in full force and effect until changed in accordance with the provisions of the Railway Labor Act, as amended. SAN BERNARDINO RUN THROUGH AGREEMENT AGREEMENT between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY and its employees represented by the UNITED TRANSPORTATION UNION (Conductors, Trainmen and Yard mens Committee) IT IS AGREED: Pursuant to Article IX, UTU National Agreement of October 31, 1985, The Atchison, Topeka and Santa Fe Railway Company may establish interdivisional (ID) service for pool freight crews as set forth below: TERMINALS Interdivisional pool freight crews will operate between the terminals of Los Angeles and Barstow, and between Barstow and San Diego, California. Los Angeles will be the home terminal and Barstow and San Diego will be the away-from-home terminals for the interdivisional pools. Pool freight crews in interdivisional service will work first-in, first-out, will only protect ID run, and will not be used in turnaround service except as provided herein. San Bernardino will be eliminated as a terminal for pool freight crews. LAYING OFF Conductors and brakemen in interdivisional service will lay off at home terminal, except in case of emergency, such as illness or injury, and will report at home terminal only. HELD-AWAY-FROM HOME TERMINAL Crews in interdivisional pool freight service held at their away-from-home terminal will be paid continuous time for all time held after expiration of sixteen hours from the time relieved from previous duty exclusive of any time resulting from any member of the crew calling for rest, at the rate paid for last service, until called for service or ordered to deadhead, in which case HAFHT time shall cease at the time pay begins for such service, or when deadheading, at the time the train departs on its road trip. If transportation other than train is used for deadheading, HAFHT time shall cease at the time of departure of the other mode of transportation. NOTE: If a crew is called and released, held time will not be broken. However, there will be no duplicate payment for held time and time on duty. TRADING TRAINS Interdivisional crews will not be required to trade trains in opposite directions. FORMAL INVESTIGATIONS Applicable schedule rules will apply to pool freight conductors and brakemen required by Carrier to attend formal investigation; however, a conductor or brakeman in interdivisional services, who is ordered by Carrier to appear for a formal investigation at a location other than his home terminal, will be compensated for deadhead in accordance with the October 31, 1985 TUTU National Agreement when dismissed or suspended. MEALS EN ROUTE In order to expedite the movement of these interdivisional pool freight runs, the Carrier shall determine the conditions under which crews may stop to eat. When crews are not permitted to stop to eat, they will be paid an allowance of $1.50 for the trip, unless they qualify for payment under the meals en route agreement. BASIS OF PAY All miles in excess of the miles encompassed in the basic day shall be paid for at a rate calculated by dividing the basic daily rate of pay in effect on October 31, 1985 by the number of miles encompassed in the basic day as of that time. Current actual miles run are as follows: Los Angeles - Barstow 149 miles Barstow - San Diego 227 miles Pool freight crews called for and departing the terminal in interdivisional service will be allowed the mileage terminal to terminal, except when the service is interrupted by an emergency such as flood, washout, major derailment, etc.; i.e., an Act of God, and pool freight crew is returned to the originating terminal. In that event, the crew will be placed first out after eight (8) hours rest, being given first consideration for deadhead to the home terminal. It is understood the foregoing does not modify the current call and release rule. PROVIDING RELIEF FOR HOURS OF SERVICE LAW CREWS In connection with relieving interdivisional pool freight crews tied up under the Hours of Service law, the following will prevail when it is necessary to call a road crew out of the terminal. WESTBOUND TRAINS Between Barstow and San Bernardino - ID Pool freight crew standing first out at including San Bernardino Barstow EASTBOUND TRAINS Between Los Angeles and San Bernardino, including San Bernardino ID Pool freight crew standing first out at Los Angeles or extra board Extra board crew at San Bernardino (the extra crew would work through ID pool crew standing first out at Barstow (see Note) NOTE: When an ID crew is used to provide Hours of Service relief in this circumstance, the crew will be allowed actual miles run, with a minimum of a basic days pay, and will stand first out for service or deadhead subject to availability under the Hours of Service Law. PROTECTING OTHER THAN ID SERVICE All unassigned service, other than ID between Los Angeles and Barstow and San Diego will be protected by the Los Angeles and San Bernardino extra boards. Regular assignments will be protected by regularly assigned conductors and brakemen. VACATIONS A pool freight conductor or brakeman in interdivisional service will be permitted to advance the starting date of a scheduled vacation period to coincide with the start of layover days, but not to exceed three (3) days. MOVING/REAL ESTATE Article IX, Section 7 of the October 31, 1985 UTU National Agreement will be applicable to any conductor or brakeman whose principle residence was the San Bernardino area on August 31, 1987, and who is required to change his/her residence as a result of the implementation of this Agreement. PROTECTION Article IX, Section 7 of the October 31, 1985 UTU National Agreement will be made a part of this agreement. This Agreement will become effective October 31,1990. Signed at Chicago, Illinois this 31 day of October 1990. FOR THE ORGANIZATION: FOR THE CARRIER: A. G. Delyea James M. Harrell General Chairman, United Director Labor Relations Transportation Union (CTY) APPROVED: J. L. Easley Vice President, United Transportation Union All other signatures or reference to them will not be used September 6, 1990 Dear Sir: This has reference to the Memorandum of Agreement establishing interdivisional service through San Bernardino, California. All employees who resided within 30 miles of the on and off duty points at San Bernardino on November 8, 1987, will be covered under the moving/real estate provisions of this Agreement. Qualified homeowners under Paragraph 1 above may elect the option of accepting a gross payment of $18,000 (less income taxes, etc.) In complete satisfaction of Sections 10 and 11 of the Washington job Protection Agreement. A homeowner under Paragraph 1 who does not choose the option provided in Paragraph 2 may elect to have his home purchased by the Carrier under the following terms. The homeowner employee will be paid the appraised value of his home as of November 1, 1990 as determined by two appraisers chosen by him from a list of qualified appraisers furnished by the Carrier. If the valuation of the home by the two appraisers is not within 5%, a third (3rd) appraiser will be utilized. The employee will be paid the appraised value of his home, and in addition thereto, will be paid a comparable housing allowance equal to 50% of the difference (percentage) between the two locations (i.e., San Bernardino and Los Angeles as described below) applied against 50% the appraised value of his home, with a maximum payment of $15,000.00 upon delivery to the Carrier (or its nominee) a good and sufficient title to the property. The title will be furnished at the employees expense, as is customary in real estate transactions. The comparable housing allowance is included in this agreement because of the home owners moving to comparable housing in a higher cost real estate area. This was determined by use of a qualified third party expert, selected by the parties and retained by the Company, who selected a standard type of home to use for cost comparison purposes in both locations. The third party expert then developed the average sales price of the homes in comparable socio-economic areas at both locations for them in a previous twelve-month (12) period. Calculations were made to determine the difference in average cost between the sari Bernardino area and comparable housing in the Los Angeles area. The difference in real estate between the two areas was 134.6%, and this figure will be used in the formula for the allowance. As stated in Paragraph (b), an employee will be entitled to a comparable housing allowance equal to 50% of the difference (percentage) between the two locations (134.5%) applied against the fair value of the employees home but not to exceed $15,000. The comparable housing allowance will apply only to homes purchased by the Carrier and will not be applicable if the employee elects to accept an optional allowance in lieu thereof under Paragraph 2. Employees qualifying for a $10,000 "finders feed" (see Side Letter No. 2) may also be entitled to comparable housing allowance; however, the combination of the two allowances will not exceed $15,000. The provisions of this side letter will also apply to employees who own mobile/modular homes as their principal places of residence. If an employee(s) holds an unexpired lease of a dwelling occupied by him as his home, the Carrier will protect him from any loss associated with breaking said lease in line with Section II(a), Paragraph 3 of WJPA. If an employee(s) holds an unexpired lease of a dwelling occupied by him as his home, he may, in lieu of Paragraph 5 above, accept a cash option of $5000 (gross). Any employee who avails himself of the provisions of either paragraph 3, 4, or 5 and changes his point of employment and permanent residence will be reimbursed for all expenses of moving his household and other personal effects and for the traveling expenses of himself and members of his family, including living expenses for himself and his family and his own actual wage loss during the time necessary for such transfers and for a reasonable time thereafter (not to exceed five (5) working days), used in securing a place of residence in his new location. No claim for expenses under this Section shall be allowed unless they are incurred within three (3) years from the date of implementation of the inter divisional run and the claim must be submitted within ninety (90) days after the expenses are incurred. Employees who relocate under Paragraphs 3, 4, or 5 will also be entitled to the $400.00 "lace curtain" payment as provided for under WJPA. (See Next Page) An employee who avails himself of the options provided for in Paragraph 2 or 6 must exercise such option in writing to the Carrier not later than ninety (90) days from the date this agreement is implemented or from the date an employee is qualified for the foregoing option provided it is within three (3) years from the date of implementation. September 6, 1990 Dear Sir This has reference to the proposed agreement to establish interdivisional pool freight service through San Bernardino. This will confirm our discussions concerning the need for a longer call to ID crews for service out of Los Angeles. It was understood the Carrier will make every effort to give crews a three (3) hour call. No discipline will be assessed conductor or brakeman who is delayed in reporting for work by a documented freeway tie up. September 6, 1990 Dear Sir: This is in reference to the Memorandum of Agreement covering interdivisional service through San Bernardino, California. The following handling will apply in connection with Section 11(a) of WJPA: An employee may provide the Carrier a Revised Offer as defined in the booklet titled "Relocation Guide," a copy of which will be distributed to the employees, and collect a $10,000 cash incentive from the Carrier upon closing of the home sale. The Revised offer must satisfy the following criteria: Carriers third party relocation agent must receive a bonafide offer; Carriers third party relocation agent must be able to verify that financing has been secured by the Bonafide Purchaser; The home must be listed as described on page 7 of the above mentioned booklet; and, All conditions of Carriers third party relocation agents Offer Provision must be satisfied. Should the Bonafide Offer be withdrawn for any reason the resulting home sale is not consummated, the employee may elect one of the following options: The Guaranteed Offer will be reinstated and will be the price paid by the Carrier for subject property and the employee will not be eligible to collect the $10,000 cash incentive; or The employee may elect Option No. 2 of the San Bernardino Interdivisional Agreement.
September 6, 1990 47-1240-20-25
Mr. A. G. Delyea, General Chairman United Transportation Union (CTY) 2110 E. First Street, suite 112 Santa Ana, California 92705-4095
Dear Sir: Referring to memorandum of Agreement covering interdivisional service through San Bernardino and the handling to be given those employees who may elect to apply Section 11(d) of WJPA. It is understood the following would govern in the application of Section 11(d) of WJPA:
Carrier will make an offer to purchase an employees home in accordance with Section 3(a) of Side Letter.
An employee who desires to invoke Section II(d) must notify Mr. Richard Libra, Manager Employee Relations, Santa Fe Railway, 740 E. Carnegie Drive, San Bernardino, CA 92408-3571, in writing of his/her intent to do so within sixty (60) days of receipt of the written offer.
After an employee notifies Carrier of invocation of Section II(d), he/she will select a competent qualified appraiser and will furnish Mr. Libra a copy of the appraisal made by the employees appraiser.
1. Carrier will review the employees appraisal and advise whether it is acceptable. If not acceptable, Carrier will notify the employee of the name of the Companys appraiser and will instruct that appraiser to contact the employees appraiser for the purpose of selecting a qualified third or neutral appraiser.
The Company will give the third and neutral appraiser a copy of the employees appraisal and a copy of one of the two or three Carriers appraisals with instructions to determine which one should be accepted as representing fair value of the home or make their own appraisal of the property and determination of fair value. The salary and expenses of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the salary of the appraiser selected by such party.
The decision of the neutral appraiser shall be binding. If the employee elects not to accept the neutrals appraisal of the employees home, the Carrier is under no further obligation in connection therewith.
September 6, 1990 47-1240-20-25
Mr. A. G. Delyea, General Chairman United Transportation Union (CTY) 2110 E. First Street, Suite 112 Santa Ana, California 92705-4095
Dear Sir: This has references to the Memorandum of Agreement establishing interdivisional service through San Bernardino, California. When conductors and brakemen are called for interdivisional service, the call will set the crew as a unit, and the crew unit will not be changed.
September 6, 1990 47-1240-20-25
Mr. A. G. Delyea, General Chairman United Transportation Union (CTY) 2110 E. First Street, Suite 112 Santa Ana, California 92705-4095
Dear Sir: This has reference to the Memorandum of Agreement establishing interdivisional service through San Bernardino, California. Interdivisional crews will be allowed actual mileage between Los Angeles and Barstow (149) miles. The 145 miles represents an average if the different possible routes between Los Angeles and Barstow, i.e., the Pasadena and San Bernardino subdivisions; "B" Yard and the "short" route between San Bernardino and Rana; and the north and south tracks on the Canon subdivision. Due to the unique circumstances involved in the change of the on and off-duty point from First Street to Hobart and the former payment there for, the basic through freight rate (south of Barstow) will be increased by $2.50 for conductors and $2.25 for brakemen.
September 6, 1990 47-1240-20-25
Mr. A. G. Delyea, General Chairman United Transportation Union (CTY) 2110 E. First Street, Suite 112 Santa Ana, California 92705-4095
Dear Sir: This has reference to the Memorandum of Agreement establishing interdivisional service through San Bernardino, California. In the application of Section 1 of Side Letter No. 1, it was understood those employees living in the Victor Valley area will be considered as cam rig under the Moving/Real Estate provisions. If the foregoing correctly describes our understanding, please signify in the space provided below.
September 6, 1990 47-1240-20-25
Mr. A. G. Delyea, General Chairman United Transportation Union (CTY) 2110 E. First Street, Suite 112 Santa Ana, California 92705-4095
Dear Sir: This has reference to the Memorandum of Agreement establishing interdivisional service through San Bernardino, California. This will confirm our understanding claims of record prior to implementation of the San Bernardino run-through for coast active miles on assigned trains between Los Angeles and Barstow and between San Diego and Barstow ill be allowed.
September 6, 1990 47-1240-20-25
Mr. A. G. Delyea, General Chairman United Transportation Union (CTY) 2110 E. First Street, Suite 112 Santa Ana, California 92705-4095
This has reference to the Memorandum of Agreement establishing interdivisional service through San Bernardino, California. This will confirm our understanding crews working from Barstow to San Diego in interdivisional service will be deadheaded to Los Angeles at the completion of their trip in San Diego. Crews deadheaded from Los Angeles to San Diego to work to Barstow will not stand for another trip back to San Diego out of Barstow if another ID crew is available at Barstow.
September 6, 1990 47-1240-20-25
Mr. A. G. Delyea, General Chairman United Transportation Union (CTY) 2110 E. First Street, Suite 112 Santa Ana, California 92705-4095 Dear Sir: This has references to the Memorandum of Agreement establishing interdivisional service through San Bernardino, California. In order to clarify how crews will be compensated who tie up under the Hours of Service Law, the following will govern:
a.. A crew is doubled out of Barstow with time against them and ties up en route to Los Angeles. The first hour waiting for transportation would be free time, and all time thereafter until transportation became available would be paid for at straight time. The crew wold be allowed 149 miles for the trip from Barstow to Los Angeles. A rested crew out of Los Angeles ties up on the law at Victorville and is subsequently transported to Barstow. The crew would be allowed 149 miles (LA to Barstow) and overtime after eleven (11) hours, two (2) minutes based on a one-hundred eight (108) mile basic day. A rested crew out of Los Angeles ties up 20 miles east of Los Angeles and is returned to Los Angeles for a reason described under the heading Basis of pay. If the crew arrived back at Los Angeles with eight (8) hours on duty, they would be paid a basic day. If the crew arrived back at Los Angeles with twelve 912) hours on duty, they would be paid a basic day and four (4) hours (75 miles) overtime. If the foregoing correctly describes our understanding, please signify in the space provided below. AGREED APPROVED Yours truly
A. G. Delyea J. L. Easley James M. Harrell General Chairman United Vice President, Director Labor Relations Transportation Union (CTY) United Transportation Union (utucalif.id)
All the above Side Letter were signed by the above and agreed to September 6, 1990 LOS ANGELES RUN THROUGH AGREEMENT
MEMORANDUM OF AGREEMENT between The Atchison, Topeka and Santa Fe Railway Company and its employees represented by the United Transportation Union.
IT IS AGREED:
The carrier may operate predominately intermodal trains eastbound and westbound between Watson, CA and Barstow, CA with Los Angles/Barstow ID pool freight crews; Los Angeles being the home terminal, Barstow the away from home terminal for these crews.
Trains originating at Watson, CA and Barstow, CA will be protected by unassigned pool freight crews on a first-in-first-out basis.
Crews called for this service at Los Angeles will go on duty at Los Angeles; be transported or go lite engine to Watson Yard to operate train through Los Angeles to Barstow. Crews called for this service at Barstow will go on duty in Barstow to operate train through Los Angeles to Watson; be transported or go lite engine to Los Angeles. Actual mileage being 207 miles.
To the extent applicable, all provisions of November 1, 1990 Interdivisional Agreement will apply to this service.
Initial terminal delay will be allowed from 1 hour and 15 minutes after arrival by transport or lite engine at Watson yard until the train moves from its made up track.
Final terminal delay will be allowed from 1 hour after arrival at Watson until departing by transport or lite engine to Los Angeles.
A Harbor District Expediting Allowance of $50.00, not subject to general wage increase, will be paid to all train crews called from the ID pool at Los Angeles or Barstow who work from Watson to Barstow or Barstow to Watson.
Westbound crews called in this service from Barstow to Watson with more than 9 hours on duty upon arrival at Los Angeles will be tied up at Los Angeles.
Article 10(k) (1) and 10(g) (3) of the Conductors and Trainmens Agreement will be applicable to ID crews working between Los Angeles and Barstow, whether or not the crew operates via Watson. In other words, crews operating over either subdivision would be considered as operating over the same route. Train crews in this service who are required to make multiple air hose couplings at Watson will be allowed payment of code 13, air pay allowance. Train crews in this service will be allowed code 34, ETD pay allowance at Watson. In order to ensure a smooth implementation of this Agreement, the parties agree to meet with the local chairmen involved approximately 60 days after implementation to discuss any problems which may have developed. This agreement will become effective at 12:01 A.M., October 15,1993 and will continue in effect subject to Fifteen (15) days written notice by either party of a desire to change or terminate same.
FOR THE ORGANIZATION: FOR THE CARRIER:
A. G. Delyea Marka Hughes General Chairman UTU Manager - Labor Relations
G. K. Downer Thomas H. Eshelman Local Chairman UTU Regional Manager - Labor Relations
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