AGREEMENT BETWEEN THE UNION PACIFIC RAILROAD COMPANY

                                          And its Employees Represented By

 

                             UNION PACIFIC UNION YARDMASTERS COUNCIL

 

* * * * * * * * 

 

THIS AGREEMENT, made this      1st           day of      October               , 1999, by and between the Union Pacific Railroad Company (hereinafter referred to as UP or Carrier) and its employees represented by the Union Pacific Union Yardmasters Council (hereinafter referred to as UPUYC or the Organization), witnesseth:

 

IT IS HEREBY AGREED:

 

ARTICLE I - WAGES

 

            Section 1 - First General Wage Increase

 

            On January 1, 1998, all rates of pay in effect on the preceding day for employees covered by the Western Railway Supervisors Association (WRSA) Agreement shall be increased in the amount of three-and-one-half (3-1/2) percent applied so as to give effect to this increase in pay irrespective of the method of payment.

 

            Rates of pay resulting from application of this general wage increase which end in fractions of a cent shall be rounded to the nearest whole cent, fractions less than one-half cent shall be dropped, and fractions of one-half cent or more shall be increased to the nearest full cent.

 

            The increase in wages provided for in this Section I shall be applied in accordance with the wage or working conditions Agreements in effect between the Carrier and the Organization. Special allowances not included in fixed hourly, daily, weekly or monthly rates of pay for all services rendered, and arbitraries representing duplicate time payments, will not be increased. Overtime hours will be computed in accordance with individual schedules for all overtime hours paid for.

 

            Section 2 - Second General Wage Increase

 

            Effective July 1, 1998, all rates of pay in effect on the preceding day for employees covered by the WRSA Agreement shall be increased in the amount of one-and-three-fourths (1-3/4) percent applied so as to give effect to this increase in pay irrespective of the method of payment. The increase provided for in this Section 2 shall be applied in the same manner as provided for in Section 1 hereof, except that for the 12-month period beginning July 1, 1998, such rates shall be reduced by 7.19 cents per hour which is equivalent to the offset in the TCU 1996 National Agreement.

            Section 3 - Third General Wage Increase

 

            Effective July 1, 1999, all rates of pay in effect on the preceding day for employees covered by the WRSA Agreement shall be increased in the amount of three-and-one-half (3-1/2) percent applied so as to give effect to this increase in pay irrespective of the method of payment. This increase is to be applied following termination of the twelve (12) month period of adjustments described in Section 2 of this Article. The increase provided for in this Section 3 shall be applied in the same manner as provided for in Section 1 hereof.

 

            Following these adjustments, the rates for positions under the WRSA Agreement will be as follows:

 

                                                                   Section 4 - Signing Bonus

 

(a)       Subject to Paragraphs © and (d) of this Section 4, each employee covered by the WRSA Agreement with 2,000 or more straight time hours paid for as a Yardmaster (not including such hours reported to the ICC as constructive allowance except vacations, holidays, paid sick leave and guarantees in protective Agreements or arrangements) during the period January 1, 1998 through December 31, 1998 will be paid, upon ratification of this Agreement, a Signing Bonus of four hundred dollars ($400.00).

 

            (b)       The Signing Bonus provided for in this Article shall be paid to each employee covered by the WRSA Agreement and subject to this Agreement who has an employment relationship as of the date such payment is applicable, or has retired or died subsequent to the beginning of the applicable calendar year used to determine the amount of such payment. There shall be no duplication of the Signing Bonus by virtue of employment under another agreement nor will such payment be used to offset, construct or increase guarantees in protective agreements or arrangements.

 

            (c)        For employees covered by the WRSA Agreement who have fewer straight time hours (as defined) paid for in the period described in Section 4(a) than the minimum number set forth therein, the dollar amount of the Signing Bonus specified in Section 4(a) shall be adjusted by multiplying such amount by the number of straight time hours (including vacations, holidays, paid sick leave and guarantees in protective agreements or arrangements) for which the employee was paid during such period divided by the defined minimum hours.

 

            (d)       In the case of any employee covered by the WRSA Agreement subject to wage progression or entry rates, the dollar amount of the Signing Bonus specified in Section 4(a) shall be adjusted by multiplying such amount by the weighted average entry rate percentage applicable to wages earned during the specified determination period.

 

            Section 5 - Adjustment of UTU(Y) Rates

 

Effective January 1, 2000, the $8.00 daily productive allowance applicable to Yardmasters covered by the United Transportation Union - Yardmaster Department [UTU(Y)] Agreements will be rolled into the basic daily rate for Yardmasters covered by the UTU(Y) Agreements. As a result of this change, the rates of pay for employees covered under the UTU(Y) Agreements will be:

 

                                    General Yardmaster                        203.61

                                    Assistant General Yardmaster        $202.04

                                    Extra Board Yardmaster                    $202.04

 

 

ARTICLE II - PRESERVED RATES

 

            Effective January 1, 2000, all employees currently covered under the UTU(Y) Agreements with the Carrier, including those employees holding full time Union positions; employees not assigned to regular positions but awarded seniority dates pursuant to this Agreement; and, all non-agreement employees working as Yardmasters (including Supervisors of Yard Operations [SYO] and Yardmasters in Charge [YIC]) who elect to return to Agreement coverage when offered the one-time option pursuant to this Agreement) shall be paid the following rates:

 

                                    General Yardmaster                         $226.02

                                    Assistant General Yardmaster        $221.17

                                    Extra Board Yardmaster                  $208.11

 

           Overtime and other premiums earned by employees covered by this Article shall be based on the above-listed preserved rates. Employees hired or promoted to UTU(Y) Yardmaster positions after the date of this Agreement; SYOs and YICs returning to fully covered UTU(Y) positions after January 1, 2000; and, all promoted management employees holding Yardmaster seniority dates who return to positions covered by the UTU(Y) Agreement with the Carrier after January 1, 2000, will not be eligible for these preserved rates.

 

 

 

ARTICLE IV -COLLECTIVE BARGAINING AGREEMENT AND SENIORITY ZONES

 

            Section 1 - WRSA Agreement

 

The existing WRSA Collective Bargaining Agreement will apply at all existing SP locations except for Kansas City. At locations covered by both the WRSA Collective Bargaining Agreement (SP) and the UTU(Y) Collective Bargaining Agreement (UP), the WRSA Collective Bargaining Agreement will apply except at Kansas City.

 

            Section 2 - UTU(Y) Agreement

 

The UTU(Y)/Missouri Pacific Railroad Company Collective Bargaining Agreement will apply to all other locations on the Union Pacific including Kansas City.

 

            Section 3 - Seniority Zones

 

The Yardmaster Seniority System will be comprised of the following four (4) seniority zones:

 

          (a)       The SP Seniority Zone comprised of four (4) seniority districts (SP West; SP East; SSW; and DRGW).

 

(b)       The CNW Seniority Zone which will be comprised of ten (10) seniority districts (No. 2 - Central; No. 3 - Illinois; No. 3a - Madison; No. 4 - Iowa [which includes the UP Terminal at Council Bluffs]; No. 5 - Lakeshore; No. 6 - Western; No. 7 - Twin Cities; No. 8 - Wisconsin; and No. 9 - Chicago; and, No. 10 - Former C&EI).

 

(c)        The MP Seniority Zone which includes all former MP locations including Kansas City but excluding Shreveport, Avondale and Dallas (Mesquite, Mockingbird and Miller Yards). Employees on the MP Zone have zone-wide seniority with prior rights in the terminal where employed.

 

          (d)       The UP Seniority Zone which comprises all other locations not covered by the above Seniority Zones. Employees will have zone-wide seniority with prior rights in the terminal where employed.

 

            Section 4 - Seniority Dates

 

(a)       The existing WRSA Seniority Rosters will remain in effect at all locations covered by the WRSA Collective Bargaining Agreement.

 

(b)       The existing UTU(Y) Seniority Rosters will remain in effect at all locations covered by the UTU(Y) Collective Bargaining Agreement.                                             

 

(c)        On the effective date of this Agreement, all SYOs or YICs, and employees on the former MP/TP territories not assigned to regular positions but who have worked as "extra and unassigned" Yardmasters since June 1, 1999, will be awarded seniority dates at their respective terminals or on their respective zones as defined in Article IV, Section 3 of this Agreement as of the first day worked in the Yardmasters Craft.

 

(d)       Yardmasters who accepted promotion to official positions under the former Union Pacific (UP), Western Pacific Railroad (WP), and Ogden Union Railway & Depot (OUR&D) Yardmasters Agreements prior to June 26, 1984 (UP), June 5, 1985 (WP), and March 1, 1985 (OUR&D) and were covered by the seniority retention provisions of their respective agreements, will retain their established Yardmaster seniority date subject to the Maintenance of Membership provisions provided in Section 5 of this Article.

 

Section 5 - Maintenance of Membership

 

Employees who elect not to convert on January 1, 2000, as well as all current employees in promoted status holding Yardmaster's seniority under any Agreement shall, as a condition of retaining and accruing seniority under this Agreement, be required to maintain membership in good standing in the Organization party hereto. In the event such employee fails to maintain membership in good standing, the General Chairman shall notify the Director of Labor Relations or his or her designated representative. If, within thirty (30) calendar days after receipt of such notification the employee has not retained membership in good standing with the Organization, the employee will forfeit all seniority under this Agreement. Employees entitled to retain and accumulate seniority under this Article shall be privileged to bid on bulletined positions in accordance with the respective Collective Bargaining Agreement. Employees released from a non-agreement position shall exercise seniority in the terminal and zone where seniority is held. The exercise of seniority must be made within ten (10) calendar days from date released. This Section 5 supersedes any existing Maintenance of Membership agreement rules or provisions currently in effect between the parties.

 

ARTICLE V - REVERSE ATTRITION ARRANGEMENTS

 

            Section 1 - Elimination of Attrition Agreements

 

On the effective date of this Agreement, the following Agreements will be annulled:

 

                     Description of Agreement                                          Date of Agreement 

                    

 

 

Agreement between the Missouri Pacific                                    06/05/85

Railroad  Company and the Railroad Yardmasters of America providing for the transfer of Yardmaster functions being performed at Kansas City under the provisions of the RYA Collective Bargaining Agreement and for the transfer of employees performing said work throughout the consolidated Kansas City Terminal.

 

 

 

                     Description of Agreement                                              Date of Agreement

 

            Agreement between the Missouri Pacific                                    01/21/86

Railroad Company and the Railroad Yardmasters of America providing for the protection of employees holding seniority as Yardmaster.

 

                     Description of Agreement                                              Date of Agreement

 

            Agreement between the Missouri Pacific                                    02/13/86

Railroad Company and the United Transportation Union providing for the protection of employees on the former IGN and SAU&G.

 

                     Description of Agreement                                              Date of Agreement

 

            Agreement between the Missouri Pacific                                    06/06/86

Railroad Company and the American Railway and Airline Supervisors Association providing for the protection of Yardmaster employees on the former C&EI.

 

                     Description of Agreement                                              Date of Agreement

 

Agreement  between  the  Union   Pacific                                   02/13/86

Railroad Company and the Yardmasters Steering Committee providing for the elimination all collective bargaining agreement provisions applicable to the various classifications of Yardmasters.

 

                     Description of Agreement                                              Date of Agreement

 

Agreement  between  the  Union   Pacific                                   06/05/85

Railroad Company and the Western Pacific Yardmasters Association providing for the elimination of all collective bargaining agreement provisions applicable to the various classifications of Yardmasters.

 

                     Description of Agreement                                              Date of Agreement 

 

            Agreement  between  the  Ogden  Union                                     02/11/85

Railway and Depot Company and the Odgen Yardmasters Steering Association providing for the elimination of all collective bargaining agreement provisions applicable to Yardmasters effective March 1, 1985.

 

                     Description of Agreement                                              Date of Agreement 

 

            Agreement  between  the  Union   Pacific                                   05/16/96

Railroad Company and the United Transportation Union providing for the elimination of all collective bargaining agreement provisions applicable to the various classifications of Yardmasters at San Antonio, TX.

 

                    

 

 

 

 

                     Description of Agreement                                              Date of Agreement 

 

Agreement  between  the  Chicago   and                                    03/01/96

North Western Railway Company/Union Pacific Railroad and the United Transportation Union Yardmasters Department providing for the protection of employees presently holding seniority as Yardmaster.

 

 

Yardmasters hired on or after the date of this Agreement shall be fully covered by the Agreement in effect at the terminal where employed.

 

            Section 2 - Conversion Option

 

All SYOs and YICs will be given a one-time option on December 1, 1999, to relinquish their non-agreement status and convert to fully covered Yardmasters under the Collective Bargaining Agreement applicable to the terminal where employed effective January 1,2000. Employees electing not to convert to coverage under the Collective Bargaining Agreement will remain on their current positions as non-agreement employees. Non-agreement employees will be "grandfathered" in their current status and may be interchanged at their respective work locations without regard to any Collective Bargaining Agreement rules.

 

Non-agreement occupied Yardmaster positions which are not filled by grandfathered non-agreement employees will be bulletined for seniority choice and filled with Agreement covered employees.

 

Grandfathered non-agreement employees may be displaced by senior fully covered employees who have a displacement right under the applicable Collective Bargaining Agreement. However, positions occupied by grandfathered non-agreement employees will not be subject to "Sadie Hawkins" (semi-annual or annual) bids or displacements. Non-agreement employees who are displaced may exercise a displacement on any junior Yardmaster at the location in accordance with the applicable seniority rules and remain in non-agreement status. Except as provided herein, positions occupied by grandfathered non-agreement employees will not be subject to the rules of the Collective Bargaining Agreement.

 

            Section 3 - Temporary Vacancies

 

Temporary vacancies on Agreement-covered positions, if required to be filled, will be offered to Agreement employees only. Temporary vacancies on positions held by grandfathered non-agreement employees, if the Carrier elects to fill such positions, will be offered first to Agreement- covered employees in accordance with applicable Agreement order of call, but only if such offer will not result in the Carrier being required to pay any Yardmaster at other than the straight time rate of pay. Moreover, it is agreed that no fully covered Yardmaster will be required to fill an assignment occupied by a non-agreement employee at the straight time rate. in the event the Carrier cannot fill the vacancy at the straight time rate of pay, the vacancy may be filled with a non-agreement employee.

 

 

ARTICLE VI - HEALTH AND WELFARE

 

           On the effective date of this Agreement, or as soon thereafter as possible, all WRSA-covered employees covered by the Provident Policy identified as Group Policy No. R-415-B will be covered by the Supplemental Sickness Benefit Plan policy provided by TrustMark under Group Contract 9000. Effective on the date WRSA employees are covered under the TrustMark Group Contract 9000, Provident Policy identified as Group Policy No. R-415-B will be annulled.

 

 

ARTICLE VII - GENERAL PROVISIONS

 

            Section 1 - Effect of this Agreement

 

         (a)       The purpose of this Agreement is to fix the general level of compensation during the period of the Agreement, except as noted in Section 2 below, is in settlement of the dispute growing out of the Notices served upon the Carrier dated October 7, 1997 and the Notice dated November 11, 1997 served by the Carrier upon the Organization.

 

         (b)       This Agreement shall remain in effect through December 31, 1999 and thereafter until changed or modified in accordance with the provisions of the Railway Labor Act, as amended.

 

         (c)        The parties to this Agreement shall not serve nor progress prior to November 1, 1999 (not to become effective before January 1,2000) any Notice or proposal for the purpose of changing provisions of this Agreement, or which proposes matters covered by the Organization's proposals referred to in Paragraph (a) of this Section, and any proposals in pending Notices on such subject matters are hereby withdrawn.

 

         (d)       No party to this Agreement shall serve or progress, prior to November 1, 1999 (not to become effective before January 1,2000) any Notice or proposal which might properly have been served when the last Moratorium ended.

 

         (e)       This Article will not bar Management and the Organization from agreeing upon any subject of mutual interest.

 

            Section 2 - Future Negotiations

 

The parties hereby agree to continue negotiations on the Consolidated Work Rules Agreement and the "two-tier" wage system at the local level. Moreover, neither the Carrier nor the Organization will resort to relief provided under the Railway Labor Act as a result of failing to reach agreement on the above issues until December 31, 2002.

 

 

Signed at Chicago, Illinois, this 23rd day of September 1999.

 

FOR THE CARRIER:                                              FOR THE UNION PACIFIC UNION

                                  YARDMASTERS COUNCIL:

 

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

Gen. Director Labor Relations/Non-Ops Chairman Union Pacific Union Yardmaster Council

 

/s/ Deborah K. Peitzmeier                                        /s/ Mike D. Thompson                       

Director Labor Relations/Non-Ops                         General Chairman, UPUYC

 

                                                                                    /s/ David J. Just                                  

                                                                                    General Chairman, UPUYC

APPROVED:

 

/s/ Joel M. Parker                          

International Vice President, TCU

 

/s/ Joseph P. Condo                     

International Vice President, TCU

 

/s/ Donald R. Carver                      

Assistant to the President - Yardmasters

UTU(Y)

 

/s/ Jerry Martin                               

Alternate Asst. to the President - Yardmasters

UTU(Y)

 

 

 

 

 

 

 

 

Part C - Cost-of-Living Allowance and Adjustments Thereto After January 1, 2000

 

            Section 1 - Cost-of-Living Allowance and Effective Dates of Adjustments

 

(a)       A cost-of-living allowance shall be payable in the manner set forth in and subject to the provisions of this Part, on the basis of the “Consumer Price Index for Urban Wage Earners and Clerical Workers (Revised Series) (CPI-W)” (1967=100), U.S. Index, all items - unadjusted, as published by the Bureau of Labor Statistics, U.S. Department of Labor, and hereinafter referred to as the CPI. The first such cost-of-living allowance shall be payable effective July 1, 2000 based, subject to paragraph (d), on the CPI for March 2000 as compared with the CPI for September 1999. Such allowance, and further cost-of-living adjustments thereto which shall be come effective as described below, shall be based on the change in the CPI during the respective measurement periods shown in the following table, subject to the exception provided in paragraph (d) (iii), according to the formula set forth in paragraph (e).

 

                      Measurement Periods                                                Effective Date

            Base Month                      Measurement Month                   of Adjustment

           

            September 1999           March 2000                              July 1,2000

            March 2000                   September 2000                               January 1, 2001

 

            Measurement Periods and Effective Dates conforming to the above schedule shall be applicable to periods subsequent to those specified above during which this Article is in effect.

 

(b)       While a cost-of-living allowance is in effect, such cost-of-living allowance shall apply to straight time, overtime, vacations, holidays and to special allowances in the same manner as basic wage adjustments have been applied in the past, except that such allowance shall not apply to duplicate time payments, including arbitraries and special allowances that are expressed in time, miles or fixed amounts of money.

 

(c)        The amount of the cost-of-living allowance, if any that shall be effective from one adjustment date to the next may be equal to, or greater or less than, the cost-of-living allowance in effect in the preceding adjustment period.

 

(d)       (i)      Cap - In calculations under paragraph (e), the maximum increase in the CPI that shall be taken into account shall be as follows:

 

                     

 

 

                      Effective Date                                         Maximum CPI Increase That           

                      of  Adjustment                                        May  Be Taken Into Account

 

                      July 1, 2000                                          3% of September 1999 CPI           

 

                      January 1, 2001                                   6% of September 1999 CPI,

                                                                                    Less the increase from

                                                                                    September 1999 to March

                                                                                    2000

 

                      Effective Dates of Adjustment and maximum CPI Increases conforming to the above schedule shall be applicable to periods subsequent to those specified above during which this Article is in effect.

 

            (ii)     Limitation - In calculations under paragraph (e), only fifty percent (50%) of the increase in the CPI in any measurement period shall be considered.

 

            (iii)    If the increase in the CPI from the base month of September 1999 to the measurement month of March 2000 exceeds 3% of the September 1999 base index, the measurement period that shall be used for determining the cost-of-living adjustment to be effective the following January shall be the twelve (12) month period from such base month of September; the  increase in the index that shall be taken into account shall be limited to that portion of the increase that is in excess of 3% of such September base index; and the maximum increase in that portion of the index  that may be taken into account shall be 6% of such  September base index less the 3% mentioned in the preceding clause, to which shall be added any residual tenths of points which had been dropped under paragraph (e) below in calculation of the cost-of-living adjustment which shall have become effective July 1, 2000 during such measurement period.

 

            (iv)    Any increase in the CPI from the base month of September 1999 to the measurement month of September 2000 in excess of 6% of the September 1999 base index shall not be taken into account in the determination of subsequent cost-of-living adjustments.

 

            (v)     The procedure specified in subparagraphs (iii) and (iv) shall be applicable to all subsequent periods during which this Article is in effect.

 

(e)       Formula - The number of points change in the CPI during  a measurement period, as limited by paragraph (d), shall be converted into cents on the basis of one cent equals 0.3 full points.  (By “0.3 full points”, it is intended that any remainder of 0.1 point or 0.2 point of change after the conversion shall not be counted.)

 

            The cost-of-living allowance in effect on December 31, 2000 shall be adjusted (increased or decreased) effective January 1, 2001 by the whole number of cents produced by dividing by 0.3 the number of points (including tenths of points) change, as limited by paragraph (d), in the CPI during the applicable measurement period. Any residual tenths of a point resulting from such  division shall be dropped. The result  of such division shall be added to the amount of the cost-of-living allowance in effect on December 31, 2000 if the CPI shall have been higher at the end than at the beginning of the measurement period, and subtracted there from only if the index shall have been lower at the end than at the beginning of the measurement period and then only to the extent that the allowance remains at zero or above. The same procedure shall be followed in applying subsequent adjustments.

 

(f)         Continuance of the cost-of-living allowance and the adjustments thereto provided herein is dependent upon the availability of the official monthly BLS Consumer Price Index (CPI-W) calculated on the same basis as such Index, except that, if the Bureau of Labor Statistics, U.S. Department of Labor should, during the effective period of this Article, revise or change the methods or basic data used in calculating such Index is such a way as to affect the direct comparability of such revised or changed index with the CPI-W during a measurement period, than that Bureau shall be requested to furnish a conversion factor designed to adjust the newly revised index to the basis of the CPI-W during such measurement period.

 

Section 2 - Payment of Cost-of-Living Allowances

 

(a)       The cost-of-living allowances payable to each employee effective July 1, 2000 shall be equal to the difference between (i) the cost-of-living allowance effective on that date pursuant to Section 1 of this Part, and (i) the lesser of (x) the cents per hour produced by dividing one-quarter of the increase, if any, in the Carriers 1999 payment rate for  foreign-to-occupation health benefits under the Plan over such payment rate for 1998, by the average composite straight-time equivalent hours that are subject to wage increases for the latest year for which statistics are available, and (y) one-half of the cost-of-living allowance effective July 1, 2000.

 

(b)       The increase in the cost-of-living allowance effective January 1, 2001 pursuant to Section 1 of this Part shall be payable to each employee commencing on that date.

(c)        The increase in the cost-of-living allowance effective July 1, 2001 pursuant to Section 1 of this Part shall be payable to each employee commencing on that date.

 

(d)       The procedure specified in paragraphs (b) and (c) shall be followed with respect to computation of the cost-of-living allowances payable in subsequent years during which this Article is in effect.

 

(e)       The definition of the Carriers payment rate for foreign-to-occupation health benefits under the Plan set forth in Section 10 of Article I shall apply with respect to any year covered by this Section.

 

(f)         In making calculations under this Section, fractions of a cent shall be rounded to the nearest whole cent; fractions less than one-half cent shall be dropped and fractions of one-half cent or more shall be increased to the nearest full cent.

 

Section 3 - Application of Cost-of Living Allowances

 

The cost-of-living allowance provided for by Section 1 of this Part C will not become part of basic rates of pay. Such allowance will be applied as follows:

 

(a)       For other than dining car stewards, each one cent per hour of cost-of-living allowance will be treated as an increase of 8 cents in the basic daily rates of pay produced by application of Article I of this Agreement. The cost-of-living allowance will otherwise be applied in  keeping  with the provisions of Section 8 of Article I.

 

(b)       For dining car stewards, each one-cent per hour of cost-of-living allowance will be treated as an increase of $1.80 in the monthly rates of pay produced by application of Sections 8 and 9 of Article I.

 

Section 4 - Continuation of Part C

 

The arrangements set forth in Part C of this Article shall remain in effect according to the terms thereof until revised by the parties pursuant to the Railway Labor Act.

 

 

ARTICLE III - DENTAL BENEFITS

 

            Section 1 - Continuation of Plan

 

The benefits now provided under the Railroad Employees National Dental Plan (Dental Plan), modified as provided in Section 2 below, will be continued subject to the provisions of the Railway Labor Act, as amended.

Q and A’s

 

  1.   Q.      How will the employees working Yardmasters positions be trained?

 

        A.            Training will be a cooperative effort between the local union representative and the local manager.

 

 

  2.   Q.      Can terminals call themselves (vs. CMS)?

 

        A.            Yes, if an understanding to do so is reached between the local representative and local management at the terminal.

 

 

  3.   Q.      Can a non-agreement SYO/YIC, that elects to convert to a union covered position, maintain a non-agreement benefit?

 

        A.            No.

 

 

  4.   Q.      Where SYO’s and union Yardmasters are employed, how will vacations be assigned?

 

        A.            In seniority order, consistent with the needs of the service.

 

 

  5.   Q.      If an employee, who falls under the provisions of the UTU(Y) MP Agreement elects to return to a union covered position after January 1, 2000, what will be his rate of pay?

 

        A.            If assigned to a GYM position:   $203.61; if AGYM or Extra Board position: $202.04; subject to future wage and COLA increases.

 

 

  6.   Q.      Do all SYO’s/YIC’s convert to the GYM rate?

 

        A.            No (see Side Letter #4).

 

 

  7.   Q.      Will MYO’s have a right to a Yardmaster position?

 

        A.            No. However, any non-agreement employee, regardless of title, whose primary duties consist of Yardmaster work on the effective date of this Agreement, will be covered by this Agreement.

 

 

Q and A’s

 

  8.   Q.      If a non-agreement employee chooses to remain non-agreement, will he retain seniority?

 

        A.            Yes, if he maintains his membership by paying dues to retain his seniority.

 

 

  9.   Q.      If a former YIC is presently performing service as an SYO, what service would be controlling in establishing seniority under this Agreement?

 

        A.            The date SYO service commenced, provided there has been no break in service as an SYO.

 

 

10.   Q.      For  employees not covered by Question #9 above, that do not presently have a Yardmaster seniority date established, what criteria will be used to  determine their seniority date?

 

        A.            The first day that the employee was compensated for service as a Yardmaster or SYO provided there has been no break in that service as a Yardmaster or SYO.

 

 

11.   Q.      In reference to the Question #9 and #10 above, where will this employee’s seniority be established?

 

        A.            In the terminal where that employee is employed on the effective date of this Agreement.

 

 

12.   Q.      If I don’t send in my election form, what will my status be on January 1, 2000?

 

        A.            you will be a “grandfathered non-agreement employee”.

 

 

13.   Q.      If I am an SYO that took promotion on January 1, 1990 and then was transferred to another location as an SYO, when does my seniority begin?

 

        A.            The first day that you performed compensated service as an SYO.