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.