November 6, 1998
Side Letter No. 1
Dear Sirs:
During our discussions on New York Dock and extended Protection we discussed the issue of a pool engineer taking a single day paid absence such as a Personal Leave day or single day vacation and the impact it will have on his/her protection. In an effort to simplify the process and to provide the pool engineer with an alternative the parties agree that a pool engineer shall have one of the following options:
(1) Elect a single paid personal leave or vacation day and hold their turn so that if it obtains a first out status they will be first out when they are marked up no less than 24 hours later, with no deduction from their protection; or
(2) Elect a minimum of two consecutive days paid personal leave days on pools whose round trip district miles are 400 or less or a minimum of three consecutive days on pools whose round trip district miles are more than 400 miles and not hold their turns. If the minimum number of consecutive days are met for each round trip, then no deduction will be made in their protection.
Question #1: If the round trip district miles of a run are 390 miles and initial and or final terminal delay make a payment over 400 miles how many personal leave days must be used.
Answer #1: Only the district miles are used for determining the number of personal leave days to be used. In this case two personal leave days would qualify for no deduction.
Question #2: If the round trip district miles are over 400 miles how is a deadhead counted.
Answer#2: Deadheads are already taken into account by using a 1/15th offset for pools. Since most pools do not average 15 round trips per month a 1/15th offset is less than using the average for each pool. As a result the round trip district miles are used for determining the number of personal leave days that would substitute for no offset and in this case three personal leave days would qualify.
Question #3: If the Yuma pool returns to Mira Loma, employees in that pool will not know if their trip would have gone over 400 miles at the time of layoff. How will they be governed?
Answer #3: The round trip district miles of the pool is the determining factor and trips that take a West Colton-Yuma pool to Mira Loma will not change the minimum two consecutive personal leave or vacation days since the regular pool round trip is 396 miles.
(3) Elect a single paid personal leave or vacation day and not hold their turn resulting in payment of a single day with a corresponding 1/15th deduction from protection.
The option must be selected by the engineer at the time the personal leave or vacation day is granted. Engineers must file the protection form each time they take paid days in accordance with the above options.
Yours truly,
W.S. Hinckley
Agreed:
_________________________
General Chairman BLE
_________________________
General Chairman BLE
_________________________
General Chairman BLE
November 6, 1998
Side Letter No.2
Dear Sirs:
This refers to our several discussions concerning Yuma and the Carrier’s plans for assignments at that location and the extra board plans for that area.
Currently Yuma is the away from home terminal for West Colton crews. In addition there are a couple of assignments (local/road switcher) that work east and a couple of assignments (local/ road switcher) that work west from Yuma. Sometimes the Carrier has run the Imperial Valley assignments from Yuma and sometimes from West Colton.
In addition to the provisions of this agreement, the following will apply:
1. The two extra boards will be consolidated on a 50/50 basis with the LA Hub entitled to prior rights to the even number assignments up to the number of assignments on their extra boards when the extra boards are consolidated. For example, if there are three extra board assignments at time of consolidation then the LA Hub shall have prior rights to numbers 2, 4, and 6. There will then be one extra board at Yuma and the extra board at Yuma will be used to fill short term vacancies on all assignments that have Yuma as a home terminal whether LA Hub vacancies or the Hub that includes Tucson, and EL Centro assignments.
2. The extra board will perform hours of service relief/turnaround service as far west as Niland (MP 667) in the LA Hub and as far east as is negotiated in the next Hub.
3. These prior rights are to be attrited and are not under the phase out provisions
Yours truly,
W.S. Hinckley
Agreed:
_________________________
General Chairman BLE
_________________________
General Chairman BLE
__________________________
General Chairman BLE
November 6, 1998
Side Letter No.3
Gentlemen:
During negotiations the parties spent considerable discussion concerning the intent and meaning of NOTE 1 of Article I. It was agreed that further detail would be provided in a side letter explaining how different types of operations would be affected.
Therefore, the following is meant to give further definition to the NOTE.
Road Switchers: Road Switcher agreements in the controlling CBA provide for a 25 mile limit unless specifically provided otherwise. A road switcher that goes on duty inside the Hub and covered by the 25 mile provisions, would be limited by those provisions even though the 25 miles would take the assignment into the adjoining Hub. For example, a road switcher at Yermo (LA Hub assignment) would therefore be limited to 25 miles from the station limits in either direction. Similarly a road switcher that goes on duty in another Hub may work to its limits even if those limits include part of the LA Hub.
Locals on duty inside the Hub: Current locals that go on duty inside the Hub may continue to operate to points outside the Hub. New locals that go on duty in the Hub that will work in two or more Hubs will be established in accordance with CBA provisions including Article IX national ID provisions.
Locals on duty outside the Hub: Current locals that go on duty outside the Hub may continue to operate to points inside the Hub. New locals that go on duty in the Hub that will work in two or more Hubs will be established in accordance with CBA provisions including Article IX national ID provisions.
Current Pools and Pools established by Merger Agreements: These pools may operate between their designated terminals even if outside the Hub. At Yermo and Yuma they may operate up to 25 miles beyond the terminal when picking up a train in accordance with the 25 mile provisions of Article VI B 3. Bakersfield pool crews will be governed by their 25 mile provisions for trains East of West Colton but not for trains that are West of West Colton including the area between LATC and the Harbor area.
New Pools created after this Agreement: New pool operations not covered in this implementing Agreement whether between Hubs or within the Hub shall be handled per Article IX of the 1986 National Arbitration Award.
Extra Boards: LA Hub extra boards may go as far as Santa Barbara on the Coast Line, as far as Hivolt on the line to Bakersfield from West Colton and Palmdale from LATC and as far as Kelso towards Las Vegas to perform hours of service relief. The Yuma extra board may go as far as Niland in the LA Hub to perform hours of service relief.
NOTE: It is not the intent to supersede the provisions of 3(c) of Article 6 of the controlling CBA. Hours or service relief required west of M.P. 667 (Niland) will continue to belong to the West Colton Pool.
Example 1: A road switcher on duty at Yermo may work in any direction up to the limits of its radius as set by the road switcher agreement without infringing on the rights of Salt Lake Hub crews.
Example 2: A West Colton pool freight crew would continue to operate through freight from West Colton to Yuma and perform the same work as it performed pre-merger.
Example 3: A Bakersfield pool freight crew would continue to operate through freight from Bakersfield to West Colton and perform the same work as it performed pre-merger.
Example 4: LA Hub crews would work the Dolores unit oil train that runs to Mojave and back to the Basin if the home terminal is in the Basin.
Yours truly,
W.S. Hinckley
Agreed:
_________________________
General Chairman BLE
_________________________
General Chairman BLE
_________________________
General Chairman BLE
November 6, 1998
Side Letter No. 4
Gentlemen:
During our negotiations we discussed several times running a pool from the harbor area to Yermo and Yuma. Several points were discussed including having these operations combined with the LATC pool and having dual reporting points for the combined pools. Due to several uncertainties in how the Alameda corridor would operate once it was completed and any operating restrictions that would be placed on this area by government entities that are involved in its planning, building and operations, the Carrier agreed to remove this item from our negotiations. This withdrawal was without prejudice to either parties position on the appropriateness of the operations and aspects of this service and does not otherwise affect the merger of the two Carriers in the Harbor area.
If this service is instituted in the future then the Carrier will serve an Article IX Interdivisional Notice to cover its implementation.
Yours truly,
W.S. Hinckley
Agreed:
________________________
General Chairman BLE
_________________________
General Chairman BLE
_________________________
General Chairman BLE
November 6, 1998
Side Letter No. 5
Gentlemen:
The parties recognize the need to coordinate the implementation of this Hub with that of the Roseville Hub and to allow sufficient time to properly set up pools and extra boards that an interim period is needed to assist in these matters. The following shall govern.
1. The interim period shall begin with the implementation of this agreement.
2. New York Dock wage protection shall not begin until the interim period is over except it shall be no longer than one year from the implementation date. Wage Protection during the interim period shall be known as interim protection and shall be governed by all the applicable provisions of this agreement.
3. During the interim period San Joaquin engineers in the LA Hub will be required to continue to work pool assignments to Bakersfield and San Luis Obispo and supporting extra boards and will be considered as holding the highest paying position they can hold until the work is relocated. This will not negatively impact their rights to a relocation if otherwise eligible.
4. Pool assignments and extra boards shall be established gradually to provide time to familiarize engineers on new assignments and still keep operations fluid. For example: When the West Colton-Yermo pool is established a temporary separate extra board will be set up to cover this service and to familiarize on the other West Colton assignments. When the two extra boards are sufficiently familiarized then they may be combined. Also the West Colton- Basin pool may be established a few assignments at a time to properly familiarize engineers.
5. All pay provisions as established in this agreement shall go into effect on implementation day, even for the remaining LATC/Dolores pool as it is phased out. Prior to implementation the Carrier will advise the single on duty point for the LATC/Dolores pool until phased out.
Yours truly,
W.S. Hinckley
Agreed:
________________________
General Chairman BLE
_________________________
General Chairman BLE
_________________________
General Chairman BLE
November 6, 1998
Mr. M.A. Mitchell Mr. E.L. Pruitt
General Chairman BLE General Chairman BLE
44 North Main 2414 Edison HWY
Layton, Utah 84041 Bakersfield CA 93307
Dear Sirs:
The question was raised as to an apparent discrepancy in the milepost designations at Yermo. It was correctly pointed out that the mileposts in the Salt Lake Hub and Los Angeles Hub do not coincide at Yermo.
During the Salt Lake Hub negotiations an agreement was not reached with all employees and it was necessary to proceed to arbitration. Since we were drawing new boundary lines the Carrier took the position that all connecting points of Hubs were common points and as such it would be appropriate to have the Salt Lake Hub go to the far West end of Yermo and the Los Angeles Hub go to the far East end of Yermo showing an overlap of the common terminal.
During subsequent merger negotiations it was agreed by both parties that initial and final terminals were common to all pool crews that worked into and out of them. This has been a long standing practice especially with ID runs and it was not necessary in the future to "overlap" the connecting points. What is important is that all parties understand that Yermo terminal is in the Los Angeles Hub for filling assignments that go on duty in the terminal. It is an away from home point for Las Vegas crews and they may continue to perform the same work associated with their pools that they have performed previously.
It was agreed that it was not necessary to "correct" the milepost designation in the Salt Lake Hub award as this letter sets forth the proper and intended designation of Yermo as a Los Angeles Hub terminal for crews with a home terminal at that location.
Yours truly,
W.S. Hinckley
Agreed:
_________________________
General Chairman BLE
_________________________
General Chairman BLE