Q1. How far east of Yermo may a LA Hub engineer work?

A1. This Question is answered in detail in side letter No.3

Q2. When the language says "not including" a point may engineers work into that point and if so what work may they do.

A2. Yes, engineers may work into those points. For example, LA Hub pool engineers may work into Yuma and perform any work permitted by applicable agreements for that class of service with Yuma as their final terminal. The "not including" refers to putting assignments with a home terminal on duty at that location. Both West Colton and Las Vegas pool engineers may work into the common terminal of Yermo, however only LA Hub engineers have seniority to hold yard, local, road switcher and extra board assignments that go on duty with Yermo as a home terminal.

Q3. How long will prior rights be in effect?

A3. These will be phased out at differing times depending on the type of service.

Q4. Are full time union officers including full time state legislative board representatives, Company officers, medical leaves and those on leave working for government agencies covered under Article II, C?

A4. Yes.

Q5. How many engineers are covered by the inactive roster referenced in Article II.C?

A5 The "inactive roster" noted in Article II.C, refers to the status of engineers who are not in active service who pre-merger were on a UP roster in the Los Angeles Hub or at a location on SP West Lines during the qualifying period set forth in the assorted Hub Agreements. Such engineers include those on leave of absence for government, union and company service, medical leave including disability, etc. Because those engineers have rights to exercise seniority upon return to active service but may not do so from inactive status, such engineers will be required to select a Hub upon their return to active service. It is not possible to predict the number of people who may return from inactive status and, thereafter, the Hub that such people may select upon their return. Therefore, eligibility to mark up in a Hub must be determined for each individual upon that individual’s return to active status.

Q6. What will be the mileage paid in West Colton-Yermo pool service?

A6. The actual mileage between those two points with a minimum of a basic day for service or combination deadhead/service. If the engineer receives or leaves a train at Mira Loma then engineers with a post October 31, 1985 trainman/engineer seniority date are entitled to a one-half hour arbitrary payment.

Q7. What will be the mileage paid in the West Colton-Yuma pool?

A7. Same as the pre merger mileage, 198 miles. If the engineer goes to Mira Loma then additional mileage will be paid.

Q8. Will existing pool freight terms and conditions apply on all pool freight runs?

A8. No. The terms and conditions set forth in the surviving collective bargaining agreements and this document will govern.

Q9. Will there be both assigned service and pool service at the same time in the West Colton-Basin operations?

A9. The Carrier has the right to establish the type of service needed to service its customers. As such it may have assigned service to some areas and pool service to other areas at the same time.

Q10. Will West Colton-Basin engineers be tied up a second time at an away from home point?

A10. No, if they take a train to some point other than the home terminal they will be transported to the home terminal. For example, if a West Colton-Basin engineer whose previous tour of duty took him/her to the Harbor, takes a train from the Harbor to LATC after they have obtained their rest, they will not be tied up at LATC, which would be a second tie-up at a far terminal but shall be transported back to West Colton.

Q11. Are there any van miles paid for riding to and from Mira Loma?

A11. No, since ITD and FTD is applicable or the half hour arbitrary van miles are not paid.

Q12. Does payment of miles run to Mira Loma from Yuma or the arbitrary from Yermo extend "free time" before ITD and FTD time is paid for?

A12. No.

Q13. How many extra boards will be established at implementation?

A13. The number is not known at this time. There will be a phase in of the familiarization process and they will consolidated and established as this process proceeds.

Q14. Are these guaranteed extra boards?

A14. Yes. The pay provisions and guarantee offsets and reductions will be in accordance with the surviving CBA guaranteed extra board agreement.

Q15. When will the Yuma extra board cover all the assignments provided for in this agreement.

A15. If after merger discussions with those engineers representatives from the adjoining Hub an implementing agreement/award so provides it will take place with the implementation of that agreement/award.

Q16. In Article IV B, will engineers be worked back from West Colton to their original on duty point?

A16. No, these engineers are made up extra board or pool engineers handling an imbalance of trains when no rested and available away from home engineers, and will be deadheaded back to their on duty point.

Q17. How will these engineers be paid?

A17. They will be paid under the flat rate provisions and their trip to West Colton and deadhead back shall be considered as one tour of duty.

Q18. Are the national road/yard Zones covering yard engineers measured from the new terminal limits where the yard assignment goes on duty?

A18. The new terminal/station limits where the yard engineer goes on duty will govern.

Q19. When the surviving CBA becomes effective what happens to existing claims filed under the other collective bargaining agreements that formerly existed in the LA Hub?

A19. The existing claims shall continue to be handled in accordance with those agreements and the Railway Labor Act. No new claims shall be filed under those agreements once the time limit for filing claims has expired for events that took place prior to the implementation date.

Q20. How will vacations for 1999 be handled?

A20. They will continue to be handled under the CBA that covered them at the beginning of the year. Vacations for 1999 will be scheduled at the end of 1998 under the provisions of the then prevailing agreements.

Q21. If an engineer in the 25 mile zone is delayed in bringing the train into the original terminal so that it does not have time to go on to the far terminal, what will happen to the engineer?

A21. Except in cases of emergency, the engineer will be deadheaded on to the far terminal.

Q22. Is it the intent of this agreement to use engineers beyond the 25 mile zone?

A22. No.

Q23. In Article VI, is the ½ basic day for operating in the 25 mile zone frozen and/or is it a duplicate payment/ special allowance?

A23. No, it is subject to future wage adjustments and it is not duplicate pay/special allowance.

A24. If a pre-October 31, 1985 engineer is transported to its train 10 miles East of Yermo and he takes the train to West Colton and the time spent is one hour East of Yermo and 9 hours between Yermo and West Colton with no initial or final delay earned,(total time on duty 10 hours) the engineer shall be paid as follows:

Q25. Would a post October 31, 1985 engineer be paid the same?

A25. In this case yes. The National Disputes Committee has determined that post October 31, 1985 engineers come under the overtime rules established under the National Agreements/Awards/Implementing Agreements that were effective after that date for both pre-existing runs and subsequently established runs. As such, the post October 31, 1985 engineer would receive the overtime in C above because the overtime provisions on runs of less than a basic day are the same for both pre and post October 31, 1985 engineers.

Q26. How will initial terminal delay be determined when performing service in the 25 mile zone?

A26. Initial terminal delay for engineers entitled to such payments will be governed by the applicable collective bargaining agreement and will not recommence when the engineer operates back through the on duty point. Operation back through the on duty point shall be considered as operating through an intermediate point.

Q27. Are any payments retained that are triggered by a West Colton Basin engineer turning or performing work that prevents them from turning?

A27. No

Q28. Are any payments retained for any engineer receiving or leaving a train dockside?

A28. No.

Q29. Can you give some examples of deadheads that would and would not be eligible for the flat rate pay and what is the deadhead rate?

A29. The deadhead rate is $156.11/daily and $19.51/hourly. The following would govern:

Q30. Does the language of VI B 4 prohibit the use of pool freight engineers in straight away combination deadhead/service from picking up a train whose engineer had earlier expired under the Hours of Service Act?

A30. No, the language of Article VI B 5 clearly preserves that service. The language of VI B 4 provides that extra boards will be used before pool engineers in turnaround service and does not require that they be used prior to pool engineers in straight away service.

Q31. May engineers run through their destination terminal up to 25 miles?

A31. No, the twenty-five mile provisions are only for obtaining a train on the far side of a terminal and not for running through their destination terminal.

Q32. What rights does an engineer have if he/she is already covered under labor protection provisions resulting from another transaction?

A32. Section 3 of New York Dock permits engineers to elect which labor protection they wish to be protected under. By agreement between the parties, if an engineer has three years remaining due to the previous implementation of Interdivisional Service the engineers may elect to remain under that protection for three years and then switch to the number of years remaining under New York Dock. It is important to remember that an engineer may not receive duplicate benefits, extend their protection period or count protection payments under another protection provision toward their test period average for this transaction.

A33. In an effort to minimize uncertainty concerning the amount of reductions and simplify this process, the parties have agreed to handle reductions from New York Dock protection as follows:

NOTE: Absences on the extra board shall be calculated from the time of unavailability (layoff, missed call, etc) until the next time called for service. For example: If a engineer lays off on Monday at noon, marks up the next day, Tuesday, and does not work until 2 AM on Wednesday, then they shall be off for protection purposes for thirty-eight (38) hours and shall be deducted 2/30 of their protection.

Q34. Why are there different dollar amounts for non-home owners and homeowners?

A34. New York Dock has two provisions covering relocating. One is Article I, Section 9, Moving Expenses and the other is Section 12, Losses from Home Removal. The $10,000 is in lieu of New York Dock moving expenses and the remaining $20,000 is in lieu of loss on sale of home.

Q35. Why is there one price on loss on sale of home

A35. It is an in lieu of amount. Engineers have an option of electing the in lieu of amount or claiming New York Dock benefits. Some people may not experience a loss on sale of home or want to go through the procedures to claim the loss under New York Dock.

Q36. What is loss on sale of home for less than fair value?

A36. This refers to the loss on the value of the home that results from the Carrier implementing this merger transaction. In many locations the impact of the merger may not affect the value of a home and in some locations the merger may affect the value of a home.

Q37. If the parties cannot agree on the loss of fair value what happens?

A37. New York Dock Article I, Section 12(d) provides for a panel of real estate appraisers to determine the value before the merger announcement and the value after the merger transaction.

Q38. What happens if a engineer sells the home for $20,000 to a family member?

A38. That is not a bona fide sale and the engineer would not be entitled to either an in lieu of payment or a New York Dock payment for the difference below the fair value.

Q39. What is the most difficult part of New York Dock in the sale transaction?

A39. Determine the value of the home before the merger transaction. While this can be done through the use of professional appraisers, many people think their home is valued at a different amount.

Q40. Who is required to relocate and thus eligible for the allowance?

A40. A engineer who can no longer hold a position at his/her location and must relocate to hold a position as a result of the merger. This excludes engineers who are borrow outs or forced inside the Hub and released and engineers who have to exercise seniority due to a non merger event.

Q41. Are there any seniority moves that will be treated as required to relocate?

A41. Yes and the following are examples:

Q42. Are there mileage components that govern the eligibility for an allowance?

A42. Yes, the engineer must have a reporting point farther than his/her old reporting point and at least 30 highway miles between the current home and the new reporting point and at least 30 highway miles between reporting points.

Q43. At what time did an engineer need to be a home owner to qualify as a home owner for relocation purposes?

A43. New York Dock protects home owners due to loss on sale of home that are caused by the merger. A person who purchases a home after the merger was approved in September 1996 would not be affected by the merger because they were not a home owner at that time.

Q44. Will engineers be allowed temporary lodging when relocating?

A44. Engineers entitled to a relocation allowance shall be given temporary lodging for thirty (30) consecutive days as long as they are marked up.

Q45. Are there any restrictions on routing of traffic or combining assignments?

A45. There are no restrictions on the routing of traffic in the Los Angeles Hub once the 30 day notice of implementation has lapsed. There will be a single collective bargaining agreement and limitations that currently exist in that agreement will govern (e.g. radius provisions for road switchers, road/yard moves etc.). However, none of these restrictions cover through freight routing. The combining of assignments between the Carriers is covered in this agreement and is permitted.

Q46. Will the Carrier offer separation allowances?

A46. The Carrier will review its manpower needs at each location and may offer separation allowances if the Carrier determines that they will assist in the merger implementations..

Q47. What period will be used for the TPA?

A47. Calendar year 1998 for engineers not electing to retain SP West modification/engineer protection.

Q48. How will Union Officers TPA’s be established?

A48. The Carrier will average the two above and two below (on the pre-merger rosters) in any service. If greater than their regular TPA it shall be used. Engineers with unusually high or low TPA’s will not be considered.

Q49. Since UP engineers hired after January 13, 1998 have a five year entry rate rule and the SP engineers have a three year entry rate rule how will the UP engineers be treated at implementation?

A49. They will come under the SP rule and will have their entry rates adjusted upward.

Q50. Are there a set number of trips that an engineer will take in learning new territory?

A50. No, since engineers have differing experiences the number of trips will vary and the local chairmen will work with local operating officers on the number and type of trips needed.

Q51. On implementation will all engineers be contacted concerning job placement?

A51. No, the implementation process will be phased in and engineers will remain on their assignments unless abolished or combined and then they may place on another assignment. When the Carrier posts the notice on pool changes and increases and decreases in extra boards Local Chairman will assist in handling the bidding, application and placement process at that time and engineers may be contacted for placement if insufficient bids/applications are received. The new seniority rosters will be available for use by engineers who have a displacement.

Q52. What is meant by the term "harbor area"

A52. The harbor area is the area from Dominguez Jct (SP) and Douglas Jct (UP) and dockside. Engineers that report to an on duty point within this area may leave or receive their train anywhere between these two points and dockside.

Q53. If any existing road territory is turned into a switching territory would prior rights still exist?

A53. Yes

Q54. Are the road switchers that go on duty in the Imperial Valley remaining in the LA Hub?

A54. Yes, pursuant to the provisions of IV D.

Q55. Is the road switcher agreement E&F1-2248 going to apply for road switchers currently governed by it?

A55. Yes except that the cancellation clause has been amended to one year and the rate of pay is as provided in this agreement. The agreement will also now apply to all road switchers west of West Colton in the LA Hub.

Q56. What is meant by assigned service?

A56. Local freight and road switcher service.