BROTHERHOOD OF LOCOMOTIVE ENGINEERS
38750 PASEO PADRE PKWY., SUITE A-7 ~ FREMONT, CA 94536
Phone 510-791-8881 ~ Fax 510-701-1052 ~ Bakersfield 805-322-6127 ~ Email pruitt@lightspeed.net
UNION PACIFIC RAILROAD (WESTERN LINES)
GENERAL COMMITTEE OF ADJUSTMENT
E. L. Pruitt
Chairman
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ALL LOCAL CHAIRMEN
The recently ratified agreement modifying the Southern Pacific (Western Lines) and
former El Paso and Southwestern agreements is in effect in its entirety as of December 1, 1997.
In that regard some of the more significant changes will be effective as follows:
1. Test Period Average (TPAs) pursuant to Protection Article II.
TPA will consist of "engineers earnings for calendar year 1996" plus "supplemental
fund payments paid or should have been paid in 1996, if any." Those who worked a minimum of
150 yard shifts as a "regularly assigned yard engineer" will have the portion of their TPA based
on calendar year 1996 wages increased by 2.3%.
2. Change rates of pay for engineers to equal the national rates of pay. (See Attachment "B"
of the modification agreement)
Engineer rates of pay will have the six (6) cents per mile in excess of miles encompassed
in the basic day (currently 130 miles) added to those miles in excess.
Engineers will be entitled to the $5.00 per start certification pay.
The $15.00 and .15 cent "special pay differential" will not be applicable where the
engineer does not work with another crew member who is entitled to a crew consist payment
paid on a per trip basis. Locations where the engineer works with a former Southern Pacific
(Western Lines) trainman or switchman will have no entitlement to the $15/15 cent "special pay
differential" because there is no longer a productivity fund payment for trainmen on the former
Southern Pacific West. (See Q&A #8 of the engineers modification agreement)
3. The basic day in all through freight will be 130 miles. Overtime divisor for post
November 1, 1985 engineers will be 16.25 and for pre November 1, 1985 engineers will be 20.
For pre November 1, 1985 engineers, overtime will commence at the expiration of eight (8)
hours on runs that are 160 miles or less, and on runs in excess of 160 miles overtime will begin
when the time on duty exceeds the miles run divided by 20, or in any case, when on duty in
excess of ten (10) hours.
(a) Runs of 160 miles or less overtime begins at the expiration of 8 hours.
(b) Runs over 160 miles overtime begins when time on duty exceeds the miles run divided by 20 (overtime divisor of 20) or, in any case, when time on duty
is in excess of 10 hours.
4. Away from home meals will comply with the National agreement and that provides for
one $6.00 meal allowance after being held four (4) hours and another $6.00 meal allowance after
being held an additional eight (8) hours.
5. Road/Yard and Special Relief Customer Service-Yard Crews that are covered by the
National and UP system agreements will apply.
6. For local freight/road switchers the current Southern Pacific (Western Lines) eating rule
will remain the same (i.e. $12.50 per trip). Yard engineers will continue to be covered as they
currently are under the agreement rule. Through freight engineers will continue to be paid the
$12.50 per trip allowance until the merger hubs are implemented, at which time the allowance
will be $1.50 per trip when not permitted to stop to eat en route.
7. All engineers, including other employees, with seniority as of the effective date of the
agreement (December 1, 1997 for engineers and November 1, 1997 for trainmen) will be paid
100% of applicable rates of pay. Thereafter, rate progression will be pursuant to National and
UP system agreements. (i.e. Employees will start at 85% and increase to 90% at the end of the
first year, 95% at the end of the second year and 100% at the end of the third year. Employees
will be entitled to a 5% bump when promoted to engineer .)
8. Disability Insurance payments, in the sum of $63.10, will continue to be paid will on
behalf of protected engineers for six years beginning with January 1, 1998.
9. Southern Pacific West engineers will be entitled to all future lump-sum-payments as
provided for in the National and UP system agreements. In addition, Southern Pacific West
engineers will be subject to the 1996 National agreement which permits a reduction of lump-sum
-payments otherwise payable because of specified increases in the Company's cost of medical
insurance. The next lump-sum-payment is due on July 1, 1998.
10. On December 1, 1997 the new guaranteed extra board provisions will be in effect. (See
attachment "A" of the modified Southern Pacific West agreement. The new guarantee of
$2,693.70 per half (pay period) is determined by taking 18 basic days times $149.65 (through
freight rate for 1,200,000 to 1,250,000 pounds rate which is subject to future wage and COLA
increases).
The manner in which guarantee is reduced will be governed by the new guaranteed extra
board agreement.
11. Effective December 1, 1997 engineers will remain entitled to a calling ("board') run-around if not called in turn from a rotary board, but will be entitled to a departure (terminal) run-around only when engineers from the same pool, going the to the same destination, depart the
same yard in order other than called and both trains have the power attached.
12. Engineers may trade pool turns pursuant to Section E of Article V of the new Southern
Pacific West modification agreement.
13. The $3700.00 claims settlement payment should have been made on November 26, 1997
and all should have received that settlement payment by the time this is distributed.
14. The former Southern Pacific West 401-K plan will not be available for further deposits at
the end of this year (December 31, 1997) and will be merged with the UP 401-K plan effective
January 1, 1998.
15. The ability to tie-up for 18 hours additional rest is eliminated and instead engineers will
revert back to the basic agreement rest rule (Section 9 of Article 30) which existed on the
Southern Pacific prior to the August 1, 1995 Southern Pacific agreement. Pools with agreements
that provide for more than the 12 hours additional rest will continue to be able to tie up for what
ever additional rest that the existing agreement for that pool allows. Engineers who mark rest
and would have otherwise worked will have the appropriate deduction made from their TPA as if
he/she otherwise made themselves unavailable for service.
16. The 12th paragraph of Section 10(a), Article 32 will be re-instated and the junior
engineer on the working list may be force assigned to a Yard assignment that may go no bid
pursuant to the agreement.
17. The scope rule in Article 2 of the September 1, 1995 Southern Pacific West-BLE
"generic" agreement is eliminated and the previously existing "scope rule" provision in the basic
agreement are reinstated.
18. All "competitive adjustment" ("me too") provisions are eliminated.
19. When an assignment on a rotary board (i.e., pool service) is vacant at calling time for any
reason except the incumbent not rested (reasons such as lay offs, missing call, etc.) and the extra
board is exhausted, the vacant turns may be dropped to the bottom of the rotary list and the
next rested engineer on the rotary list will be considered as first out rested and subject to
service.
20. Continuous held-away-from-home-terminal time for engineers will be applicable for all
existing pool runs and in those pools created/consolidated in the merger and will be paid under
the existing agreement provision.
21. Engineers in pool freight service who miss a call account lack of current or correct
information from the central calling point (CMS) will maintain his/her first out status and will be
called for the next turn. Upon return to the home terminal, the engineer will be placed in the same
relative position occupied in the pool prior to miss call (i.e., regains turn and position in pool).
22. Engineers who are entitled to an additional week of vacation will retain the additional
week of vacation for the vacation year 1998. Beginning with the vacation year 1999, the
additional week will be eliminated and the National Vacation rule shall apply for weeks of annual
vacation.
23. Engineers will be covered in 1998 by the provisions of Section 2(f) of Article V of the
1996 National agreement which permits taking one (1) week of annual vacation in single day
increments.
24. Engineers will retain the agreement (Article 2 of the July 8, 1994 agreement) which
permits them to elect ( on an annual basis ) to take $20.00 per layover in lieu of utilizing
Company-provided lodging. This retention is subject to being eliminated for new declarations if
the company "contracts to build a new lodging facility at a location" or "increases the number of
rooms by 25% from the current total.".
25. Engineer rates of pay will be subject to the UP System agreement that provides that the
rate for 1,200,000 pounds as the minimum for through (pool) freight service and if the total
weight exceeds 1,200,000 pounds, then actual weight of combined locomotives used will
determine the rate. In all other service the actual combined weight will be used to determine the
rate.
As further information is available, I will advise. I remain
Yours fraternally,
E. L. Pruitt