AGREEMENT

between

UNION PACIFIC RAILROAD COMPANY

and the 

UNION PACIFIC UNION YARDMASTERS COUNCIL

CONTINUING OPERATING RULES EDUCATION (C.O.R.E.)

 

 

            In a joint effort by management and labor to promote safety, improve employee Performance and to ensure that all employees are well schooled on matters pertaining to compliance with Safety and Operating Rules of the Union Pacific Railroad Company (Carrier), the Carrier has announced the availability of a voluntary education program which, when appropriate, will serve as an alternative to discipline as provided for in Section III of Carrier’s UPGRADE Policy.

 

            This Agreement constitutes the enabling agreement required by Section III.A.2, setting forth the guidelines, terms and conditions of the Continuing Operating Rules Education (C.O.R.E.) Program:

 

            THEREFORE, IT IS AGREED:

 

 

            Section 1.

 

            (A)       The use of an educational program as an alternative to discipline as administered under UPGRADE shall be on the terms and conditions as provided for in Section III of Carrier’s Policy, and unless the employee has a demand right, may only be at the mutual consent of the Carrier Officer responsible for issuing discipline in the incident involved or his/her designee and the employee involved.

 

            (B)       The offer of education as an alternative to discipline will be made in those instances involving a rule(s) infraction where the preliminary review indicates that the employee(s) will benefit from classroom instruction and/or on-the-job training.

 

           

            Section 2.

 

            (A)       The C.O.R.E. Program, which may consist of classroom instruction, on-the-job training, and/or attendance at a selected Carrier Training Center, as determined by the Carrier, will concentrate on the rules(s) involved as well as other rules that may be appropriate. It is also anticipated the class/training will cover the importance of compliance with Safety and Operating Rules and the importance of establishing and maintaining a good work record.

 

            (B)       The classes/training will be from one to five days in duration and will not exceed eight hours per day. Classes at a Training center may be considered as part of, or as an extension of the educational program.

 

            (C)       Upon completion of the class(es)/training, the employee will be required to take and pass an examination with a minimum test score of 85%. An employee failing the examination may be required to repeat the class(es)/training. A second failure will activate formal disciplinary proceedings in connection with the rules(s) incident initially placing the employee under this Agreement.

 

 

            Section 3.

 

            (A)       Class/Training instructors will be either a Peer Trainer, Supervisor or Manager as the circumstances of the location dictate. The Carrier will limit the class size to 10 participants as nearly as practicable.

 

            (B)       In the event the Carrier elects to use Peer Trainers, the Carrier will provide the Organization a list of employee members of the Organization that may be utilized. The General Chairman may also submit a list of members of the Organization who, in the judgment of the Organization, are best qualified to act as Peer Trainers. The Carrier will select Peer Trainers from either of these two lists. If the Organization takes exception to the selection of a Peer Trainer, the General Chairman and an officer designated by the Carrier will meet promptly to discuss the General Chairman’s concerns. In the event the Organizations concerns cannot be resolved, the Peer Trainer in question will be replaced. Peer Trainers will serve in that capacity for 24 months. The Peer Trainer will have the option of extending his participation for an additional 24-month term subject to Carrier approval.

 

            (C)       Employees of the Organization participating as instructors will be paid at their assigned straight time rate of pay, plus any applicable differentials.

 

            (D)       Where meals and lodging are not provided by the Carrier, instructors, who are required to instruct a class or do training at a location other than their work location, will be reimbursed for actual, reasonable and necessary expenses for meals, lodging and transportation in lieu of any other allowances for meals lodging and transportation to which the employee may otherwise be entitled. If the use of a personal vehicle is authorized, reimbursement will be at the Carrier’s mileage rate for actual miles driven.

 

            (E)       The Carrier will train the instructors and will assist in developing the program. The Carrier will also provide the classroom and office space and equipment necessary to properly administer the program.

 

           

            Section 4.

 

Where meals and lodging are not provided by the Carrier, employees who are required to attend class at a location other than their work location will be reimbursed for actual, reasonable and necessary expenses for meals, lodging and transportation in lieu of any other allowances for meals, lodging, and transportation to which the employee may be entitled. If the use of a personal vehicle is authorized, reimbursement will be at the Carrier’s mileage rate for actual miles driven. A second trip will be provided or reimbursed if required to repeat the class or take additional training pursuant to Section 2(B).

 

 

Section 5.

 

An employee who has elected to participate in the program may withdraw at any time by notifying the Carrier in writing, in which event formal discipline procedures will be instituted or reinstated as described in Section 2(C).

 

 

Section 6.

 

The parties recognize that this C.O.R.E. Program may attract voluntary participation from employees who may not be charged with or involved in a rules(s) violation and who desire to further their understanding of the rules. These employees will be allowed to participate in the Program when the manpower situation permits, on a space available basis, on their own time, and at their own expense.  This participation will have no bearing or effect on any future disciplinary action in which such employee may subsequently be involved, or upon the employee’s right to use the Program under the terms of the UPGRADE Policy.

 

 

Section 7.

 

Except as provided in Section 6 above, a notation showing participation in C.O.R.E. training will be made in the employee’s record. That notation will show the date of the triggering incident and the rule(s) involved. The notation, however, is not discipline and can have no disciplinary effect except as provided for in Section 2(C) and/or Section 5.

 

 

Section 8.

 

In the event that formal disciplinary proceedings are instituted or reinstated following the occurrence of an event such as those provided for in Section 2(C) and Section 5 herein, any applicable time limits requiring the charging and/or holding of a formal investigation prior to a certain number of days are expressly waived by the employee and the Organization.

 

 

Section 9.

 

This Agreement will be come effective on the date it is signed, and thereafter may be terminated by the serving of thirty (30) days written notice by either party upon the other.

 

 

Signed this 1st day of December, 1999.

 

 

 

FOR THE ORGANIZATION:                      FOR THE

                                                                        UNION PACIFIC RAILROAD COMPANY:

 

AGREED:

 

 

/s/ A. C. Strain, Jr.                                       /s/ Dean D. Matter                                

General Chairman, UPUYC                      General Director Labor Relations