|
Frequently Asked Questions
Choose a Topic Below:
National | Local | Dead Heading | System | DFW | Houston |
Longview |
San Antonio
If you do not find the answer to what you are looking
for please click here to e-mail
us your question.
We will respond to your question as promptly as
possible and also add it to the list below.
Questions
are listed in descending order for your easy reference to new material.
NATIONAL AGREEMENTS:
|
NQ9:
|
When are we going to get a contract and are you going to
demand back pay? The Teamsters would
not even consider walking away without it.
|
|
NA9:
|
We are attempting to get the National negotiations on a
fast track. Brother Hahs has stepped up the meeting process and
applied pressure to force them to meet with us. The UTU
“Trick” Rate Agreement has hampered his efforts, but he feels
like he is in a good position if and when ratification by the UTU
membership fails. Don is a master at moving money around and making a
deal and I think he can do it. While I have a tremendous
respect for the Teamsters, I don't think they would have fared any better
under the constraints we are stuck with under the Railway Labor Act and the
race to the bottom act put on by the UTU International. The Teamsters
shut down UPS for about two weeks but they were able to do that because
they are not covered under the RLA. We are absolutely going for back
pay, but everything is negotiable. I
can assure you that Brother Hahs and our national negotiating team is
shooting for back pay and additional insurance benefits at no cost to the
membership. We are attempting to
negotiate an on property agreement with UP along the dual track process we
used in 1996 outside the national agreement. We have discussed lodging for our force
assigned members, short and long term disability, pool and extra board
regulation, increases in training pay for engineers both in the yard and on
the road just to mention a few. Our current on property efforts have been
side tracked by implementation of remote technology. We are pushing forward, but I don’t
believe they will get truly serious until we have some sort of national
package put together. (Since this
question was answered, the UTU has announced a tentative agreement with the
NCCC)
|
|
NQ8:
|
Why are we even negotiating paying for our insurance
when we are already paying about $200.00 per month through lost cost of
living increases the carrier forgot to mention this?
|
|
NA8:
|
We are not negotiating paying for our own
insurance. As with all negotiations everything is on the table. We do have a pattern agreement that was
signed with the MOW that we have to overcome, but I can assure you that
Brother Hahs has no intention of negotiating additional payments on the
part of our membership if that can be avoided. You are correct in
your assertion that we are already paying part of our health care increases
through deduction in lump sum payments under our last two National
Agreements. Overcoming a pattern agreement with the MOW is not going
to be easy, but Brother Hahs is committed to that and wants to expand our
coverage if possible. They are reviewing several different
possibilities, such as changing management companies, etc. (As of 05-04-02 the UTU is claiming a tentative agreement with settlement of health
and welfare as well but we don’t have any details on that agreement
as yet)
|
|
NQ7:
|
Must an employee deciding to exercise his seniority
outside the 30 mile radius notify the Carrier of his intent to do so?
|
|
NA7:
|
Yes, he must notify the Carrier of his intent to
exercise outside the 30 mile radius within the 48 hour period and then he
has 5 days (120 hours) from the time of notification of displacement to
make his move. If an engineer does
not have the seniority to hold an assignment within a 30 mile radius, then
notification is not required and he has 5 days to displace.
|
|
NQ6:
|
How long does an engineer, who is displaced and cannot
hold an assignment within the 30 mile radius of his displacement location,
have to exercise his seniority?
|
|
NQ6:
|
An engineer, who cannot hold an assignment within a 30
mile radius of his displacement location, has 5 days to exercise his
seniority under the BLE UP Southern Region Agreement (Click HERE
to view the agreement).
|
|
NQ5:
|
What happens to an engineer who does not place within
the 48 hour window?
|
|
NQ5:
|
An engineer who overstays his 48 hours on the bump board
per the Article X of 1996 National Agreement (Click HERE
to view the agreement) is forced to the extra board protecting the
assignment he was displaced from, seniority permitting. If he cannot hold that extra board, then
he must take a no bid assignment or bid in an assignment from the bump
board.
|
|
NQ4:
|
When does an engineer’s 48 hours to displace under
the 1996 National Agreement begin?
|
|
NA4:
|
The 48 hours begins upon notification of displacement by
CMS or in the case of a job abolishment or giving up a job under the 60 day
rule, when the engineer ties up on the last day working the assignment.
|
|
NQ3:
|
Can the Carrier require me to get my train at a location
other than my on duty point in the terminal?
|
|
NA3:
|
Yes, per the 1986 National Agreement (Click HERE
to view the agreement) road crews may “deliver or receive” their
trains anywhere within the terminal limits without additional compensation.
|
|
NQ2:
|
How many setouts or pickups can a pool freight crew make
in a terminal where yard crews are on duty?
|
|
NA2:
|
Per the 1986 and 1991 National Agreements (Click HERE
to view the agreement) road crews are allowed a total three moves at
initial, final and intermediate terminals where yard crews are on
duty. Those three
moves can be either pickups or setouts in any combination. Road crews that are delivering a solid
over the road train to the connecting carrier are only allowed one move in their final
terminal where yard crews are on duty.
|
|
NQ1:
|
Are post 1985 employees entitled to runaround and
other penalty claims?
|
|
NA1:
|
Yes, post 1985 employees are only excluded from
duplicate time payments such as initial and final terminal delay. Penalty payments for being runaround or
mishandled by CMS would be applicable.
|
LOCAL AGREEMENTS:
|
LQ6:
|
Am I entitled to a free day each half as provided in
Paragraph 4 of the Guarantee Section of the Extra Board Agreement in
addition to any other layoffs that occur during the half?
|
|
LA6:
|
Yes, but our Committee is in dispute over this contract
language. The Carrier contends that you
entitled to either the bonus day or a free day layoff. They are currently deducting guarantee
for all days unavailable for all occurrences over and including the free
day when other layoffs occur. It is
the position of our Committee that you entitled to the free day layoff each
half regardless of any other layoffs that may occur. If you have been declined payment under
this scenario, you should process a claim for any lost days because the
issue will ultimately be decided in arbitration.
|
|
LQ5:
|
If I take a personal leave day during the half and that
is my only lay off, am I entitled to full extra board guarantee for the
half?
|
|
LA5:
|
Yes, but our Committee has been in dispute over this
issue with the Carrier. UP has interpreted
the agreement that they deduct a prorated days guarantee and pay you the
personal leave day which results in a net loss of approximately $20. It is recommended that you process a time
claim for the difference in pay.
This issue will probably end up in arbitration.
|
|
LQ4:
|
Can an engineer, under any circumstances, be forced to
ride a bulletin under the Bulletin Hold Down Agreement?
|
|
LA4:
|
No. Riding a
bulletin is strictly at the option of the engineer on the bump board. If an engineer cannot hold a regular
assignment as an engineer, then he can either elect to ride an open
bulletin or he can demote to fireman status or train service whichever is
applicable. An engineer cannot be
forced to ride a bulletin under this agreement under any circumstances. (Click HERE
to view the agreement)
|
|
LQ3:
|
Do penalty time claim payments apply against the
employee’s extra board guarantee?
|
|
LQ3:
|
No. Penalty payments
should be made in addition to any guarantee (Click HERE
to view the agreement). However, if
the payment was for ITD or FTD and the employee made guarantee for the
half, then there would be a deduction from his guarantee when he was
allowed the payment under the agreement.
|
|
LQ2:
|
Is Peer Support time off for critical incidents a
policy or part of the collective bargaining agreement?
|
|
LQ2:
|
Peer Support is not a part of the collective bargaining
agreement. It is a policy
implemented by Union Pacific. The
normal practice is one day off or round trip. If additional time is needed then it must
be authorized by a local manager.
|
|
LQ1:
|
Should an engineer on the extra board lose his
bonus day if he lays off in OS status?
|
|
LA1:
|
No, you should not be penalized for handling company
business. If you are denied your bonus day by timekeeping, you should file
a claim and appeal the same through your Local Chairman per the collective
bargaining agreement.
|
DEADHEADING:
|
DQ7:
|
It has
become common practice for CMS to call you to dead head to the AFHT
separate & apart and instruct you to stop mid way, to call the
dispatcher to see if you will be needed to perform hog-relief service. Is "calling the dispatcher" mid
way, performing service? Does this alone, entitle you to anything other
than the post '85 actual time deadhead?
|
|
DQ8:
|
Unfortunately, calling the dispatcher in mid-trip has
been consistently interpreted in arbitration as not performing service (See
PLB 5680 Award No. 8). You
would be entitled to a separate and apart deadhead for the deadhead portion
of the trip and if required to perform service, a minimum of a basic day or
miles whichever is greater to your destination terminal.
|
|
DQ6:
|
Can I be called to deadhead combined with service from
home terminal to out
lying point before I am rested? How would this be paid?
|
|
DA6:
|
There is a misconception regarding the phrases
“combined with service” and “separate and apart from
service”. These two terms do
nothing but identify the method of payment for a deadhead. They can be used in virtually any
combination that the Carrier desires under the 1986 deadhead
agreement. If you are deadheaded
“combined” then you get actual miles for the deadhead portion
of your trip regardless of your hire date.
I.E. if you are on the Ft. Worth to Sweetwater
run and you are deadheaded from Ft. Worth to Sweetwater
in “combined” service, then you would be paid actual miles
(199) regardless of your hire date.
However if you were deadheaded over the same portion of the railroad
“separate and apart” then your pay would depend on your hire
date. If you are a pre- November 1, 1985 employee, then
you would receive a basic days pay for the deadhead trip. If you are a post October 31, 1985 employee, then
you would receive actual time for the deadhead. There are some restrictions placed on the
Carrier. If they do not notify you
how to deadhead, then it automatically becomes “separate and apart
from service”. Additionally,
if they are going to combine your deadhead with service you should be
notified at the time you are called.
The answer to your question is yes and you would be paid actual
miles regardless of your hire date.
You would however, be ineligible to perform service in combination
with your deadhead unless it was aggregate service under the hours of
service law.
|
|
DQ5:
|
Is
an extra engineer required to use his personal automobile to deadhead to an
outside assignment?
|
|
DA5:
|
No. The agreement
provides that you will be paid the prevailing rate for auto miles when
using your personal automobile. If
you chose not do use your personal auto, then you must give the Carrier 24
hours notice of this fact and they have to provide transportation. Of course the 24 hour notice is waived in
cases of emergency.
|
|
DQ4:
|
Is an extra engineer entitled to
deadhead pay when protecting a vacation vacancy?
|
|
DA4:
|
Yes,
under certain conditions. Per the vacation
agreement, the Carrier is not responsible for the additional costs of split
vacations. Therefore, if an engineer
at an outlying point qualifies for 5 weeks vacation, then UP is only
responsible to pay one deadhead to the vacancy and one deadhead from the
vacancy. If that engineer splits his
vacation into three splits, then the engineer going to the first vacancy
would be entitled to deadhead pay over to the first split of the vacation
but no deadhead pay back. The
engineer that caught the second split of the vacation would not be entitled
to deadhead pay in either direction.
The engineer that caught the last split of the vacation would be
entitled to deadhead pay from the assignment. If they elected to use their personal
automobiles to transport to the vacancy then everyone would be entitled to
auto mileage expense. (Click HERE to view
the vacation split agreement.. specifically paragraph 8)
|
|
DQ3:
|
A
post 1985 engineer deadheads to the away from home terminal separate and
apart from service and is not called for duty until after 16 hours. Is he entitled to basic day for his dead
head to the AHT?
|
|
DA3:
|
See side letter #4 of the 1986 Agreement Q&A’s
on deadheading. Specifically,
Question and Answers 1-3 of the post 85 examples. If he went on duty exactly after 16 hours
he would be entitled to 8 hours pay for his deadhead up. If he went on duty 18 hours after
arrival, then he would receive 2 hours HAHT and 6 hours for the deadhead
up. In other words, he gets a
minimum of 8 hours for the deadhead trip if he exceeds 16 hours to on duty
time, which will be offset by any held away from home terminal time that is
made during the trip. Once the HAHT
combined with his deadhead time equaled 8 hours then he would receive
actual time for the deadhead and whatever HAHT he made prior to going on
duty. (Click HERE
to view 1986 Q&As)
|
|
DQ2:
|
Can
a crew be deadhead from the home terminal Separate and apart from service
to the away from home terminal on continuous time to perform service back
to the home terminal on a train?
|
|
DA2:
|
Yes,
as long as there are no rested crews at the away from home terminal. If there are rested crews at the away
from home terminal, the deadhead has to be combined with service in order
for this to be a legal move. A
rested crew at the away from home terminal would be entitled to a runaround
if this happened. (Click HERE to view Informal Disputes Committee Issue #12)
|
|
DQ1:
|
Is an engineer required to be rested prior to
deadheading?
|
|
DA1:
|
No the FRA regulations do not require that an engineer
be rested prior to deadheading only prior to performing covered
service. Deadheading to an assignment
for duty is covered service under the Hours of Service Act.
|
SYSTEM AGREEMENTS:
|
SQ2:
|
What payment is due to an engineer who accepts a peer
trainer position?
|
|
SA2:
|
He would be entitled to $230 per day or 115% of his
daily vacation rate, whichever is greater.
|
|
SQ1:
|
Is
an engineer on a regular assignment with a regular starting time entitled
to take undisturbed rest?
|
|
SA1:
|
No. The agreement
does not allow regularly assigned engineers on Locals, TSEs and Yard jobs
to take undisturbed rest. The
undisturbed rest rule is also suspended on the day before and the day of
the holiday. (Click HERE
to view the agreement)
|
DFW HUB QUESTIONS:
|
DFW1
|
What are the terminal limits of Hearne / Valley
Jct.?
|
|
DFW1
|
Hearne / Valley Jct is part of
the DFW Hub. See DFW Hub Agreement
page 15, Section IV paragraph D. (Austin 102.0,
Ft. Worth 103.5, Ennis 125.0, Hearne 87.0, Flatonia 8.0, Navasota 95.0,
Bryan 115.0) (Click HERE
to view DFW Hub Agreement)
|
HOUSTON HUB QUESTIONS:
|
HHQ2:
|
Are there any provision for who is to protect the hog
relief work on the Beaumont sub, Lafayette sub, Lake Charles sub, from the
home terminal to the away-from home terminal and vice versa?
|
|
HHA2:
|
Yes, see Section
9 of the Livonia ID Agreement.
The Lafayette Sub was not part of the UP when the Livonia ID
Agreement was made, but a geographical corresponding location on the Lafayette
Sub should be used when applying the HOS portion of the agreement.
|
|
HHQ1:
|
Can an engineer, be call at his/her home terminal to hog
relief a train out side of the home terminal and take to the away-terminal,
would he/she be entitle to any claim?
What would be consider as a straight-away move? Would a hog relief
be consider as a straight-away move from the home terminal to the away-from
home terminal and vice versa?
|
|
HHA1:
|
An Engineer can be called for
service under the Railway Labor Act for this type of service and under the
disputes resolution of the act be required to comply with instructions now
and grieve later. He would in this
instance, be entitled to a timeclaim of a basic day penalty (See First
Division Award 24943 which deals directly with this property). Per the above award, a train dead on the
hours of service under the Livonia ID Agreement would go to the employees
designated in Section 9 Turnaround Service / Hours of Service Releif.
|
LONGVIEW HUB QUESTIONS:
Q:
A:
Q:
A:
Q:
A:
SAN ANTONIO HUB QUESTIONS:
|
SAQ1:
|
If a
local train dies enroute under the hours of service headed to Hearne, what
extra board would do the hours of service relief for those trains?
|
|
SAA1:
|
Article V subparagraph 6 of the DFW Hub
Agreement provides for the Hearne Extra Board to do this HOS relief for
trains heading to Hearne.
Additionally, see Q&A #s 1-5 of the San Antonio Hub Agreement
which provides for Hearne / Valley Jct. to be part of the DFW Hub. (Click HERE to view the DFW Hub
Agreement)
|
Q:
A:
Q:
A:
|
