Joint Statement

 

Between

 

Union Pacific Railroad Company

 

And

 

Brotherhood of Locomotive Engineers

 

The Brotherhood of Locomotive Engineers and Union Pacific Railroad Company are now engaged in discussions concerning personal leave days. In an effort to achieve success through open communications, the parties agree the following rules will govern their discussions concerning personal leave days commencing January 30, 2001:

 

1)      Nothing that occurs during these discussions nor the content of such discussions

  will be used by either party in any court action, subsequent arbitration or any other forum.

 

2)      Should the parties reach agreement, the resulting product will not be referenced

or made public beyond the parties for any purpose other than that necessary to

resolve the related legal action between these individual parties or to implement

the terms of the interpretation reached.

 

3) .    This Joint Statement binds all representatives and agents of the Brotherhood of Locomotive Engineers and Union Pacific Railroad Company.

 

                                            Dated January 30, 2001

 

 

 

 

 

INTERPRETATION

Between

UNION PACIFIC RAILROAD COMPANY

And

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

 

 

PERSONAL LEAVE DAYS

 

1.  For calendar year 2002 (qualifying year 2001) and all succeeding years, this Document constitutes an interpretation of how Section 3(d) of Article VI (Personal Leave) of the May 31, 1996, BLE National Agreement is to be interpreted by the parties signatory hereto for those employees in road freight/passenger service not covered by the National Paid Holiday Rules.

 

2.   For an employee in road freight/passenger service not covered by the National Paid Holiday Rules to qualify for personal leave days in any given calendar year, the road requirements set forth in Sections 2 (a), including the NOTE, (b), (c) and (d) of Article V of the May 31, 1996, BLE National Agreement will govern.

 

NOTE:       It is the parties' intention this Paragraph requires 180 qualifying days in a calendar year in road freight/passenger service to qualify for personal leave days in the succeeding year.

 

3.  The multiplying factors provided for in Paragraph 2, above, will not apply to an employee in any payroll half during which the employee had an unpaid absence (lay­offs).

 

4.  For an employee to whom the multiplying factors will not apply, only the employee's actual tours of duty in that payroll half will be counted toward the 180 qualifying days. A tour of duty is defined as follows: a working start, a straight deadhead trip, a combination deadhead and service trip, company service status or a call and release when the employee reported for duty, performed service and then was released. A separate and apart deadhead trip followed immediately upon tie-up at the far terminal with a return working trip will count as two starts for personal leave day qualifying purposes.

 

5.  This interpretation for determining qualifying days for personal leave days will also be used to determine eligibility for personal leave days in calendar year 2001 for the employees who previously did not qualify for personal leave days in 2001. No later than thirty days after the BLE has notified the Carrier this Document is acceptable, the Carrier will notify those employees whether they now qualify for personal leave days.

6.  Question and Answer Number 3 for Article VI of the May 31,1996, BLE National  Agreement provide for  the accumulation of any personal leave days an employee is not allowed to take during a year. The Carrier will implement a "banking" program for personal leave days. The Questions and Answers set forth in Attachment A of this Document will constitute the parties' banking plan.

 

7.  This Document is offered to the following four BLE General Committees for acceptance: CNW, UP Eastern  District, SP West and UP West. This Document may be accepted by all, any or none of the four committees.

 

8.  Throughout the course of these negotiations the parties discussed a number of issues related to personal leave days. Those discussions led to these interpretations. This Document reflects the parties best efforts.  However, it is possible some items or issues which were discussed have been inadvertently omitted. Should some such item or issue be raised by either party, theparties will meet, discuss and make reasonable attempts to resolve the item or issue.  

 

 Signed at Omaha, Nebraska, this 21st day of February, 2001.

ATTACHMENT A

 

PERSONAL LEAVE DAY ACCUMULATION

 

Q-1.           Do PL days earned but not taken get paid upon retirement the same as

vacation?

A-1.            Yes.

 

Q-2.            How does an engineer advise the carrier of his/her desire to accumulate PL

days?

A-2.           PL days not used or not approved in a calendar year prior to November 15

will automatically be accumulated.

 

Q-3.            How many days may an engineer accumulate?

A-3.           60 days.

 

Q-4.            Once PL days are accumulated, when may an engineer use them?

A-4.            Accumulated PL days may be used only at retirement, resignation,

extended leave, death or catastrophic personal or family occurrence.

 

Q-5.           Assuming an engineer has accumulated PL days, will his/her estate be

paid for the accumulated PL days upon the engineer's death?

A-5.           Yes.

 

Q-6.            Assuming an engineer has begun an extended leave just prior to a general

wage increase, will all PL days taken be paid at the rate of the last service

performed or will the rate be increased when the general wage increase

goes into effect?

A-6.           Payment will be at the rate of the last service performed.

 

Q-7.           May the Carrier unilaterally buy down an engineer's accumulated PL

Days?

A-7.           No.

 

Q-8.            What rate of pay will be used for accumulated PL days?

A-8.             Payment will be at the rate of the last service performed.

 

 

QUESTIONS AND ANSWERS

 

Q-1.    Do assigned rest days constitute an unpaid absence for the purpose of personal leave day qualification determination?

A-1.    No. Where rest days are assigned in passenger, pool freight, work/rest extra board, yard or local service, such rest days will not be considered unpaid absences.

 

Q-2.    Where there is an applicable rule, a union representative is allowed to hold his/her turn for union business, does that constitute an unpaid absence?

A-2.    No.

 

Q-3.    In the event an engineer identified as having failed to qualify for personal leave days at the end of the qualifying year disputes that finding on the basis of whether unpaid or paid leave had been taken during any pay period(s), how will such dispute be resolved?

A-3.    The appropriate general chairman and CMS director will review the matter. If the engineer had personal leave days available at the time(s) of the disputed lay-off, such lay-off will be considered as paid leave provided doing so would not result in the engineer having more personal leave days than those to which he/she was entitled.