1984 Crew Consist Agreement

BN June 29, 1984

CREW CONSIST AGREEMENT

Between the

BURLINGTON NORTHERN RAILROAD COMPANY

(Formerly Colorado and Southern, Fort Worth and Denver and Joint Texas Division of the Chicago, Rock Island and Pacific/Fort Worth and Denver)

and the

UNITED TRANSPORTATION UNION

IT IS AGREED

The consist of all road freight and yard crews, except as otherwise provided in this Agreement, shall be not less than a conductor (foreman) and two brakemen (helpers). Such crews will hereinafter be referred to as standard crews. As used in this agreement, "foreman" is intended to also Include those foremen who are designated as "footboard yardmasters" and, "Yardman" Includes foremen, helpers and any other yard service assignment or work that is governed by the applicable yardman's schedule.

Questions and Answers

Q. #1 Does this Agreement change or in any manner affect the consist of crews in passenger service?

A. #1 NO.

Q. #2 Does "brakeman (helper)" indicate a combined brakeman and yardman or combined road/yard extra board?

A. #2 No. It means a brakeman or yard helper depending upon whether the statement is being applied to a road crew or a yard crew in a particular instance.

The reduction of a road freight service brakeman or yard helper position from any crew shall be made solely on pure attrition basis; i.e., no road freight brakeman or yardman helper position available to a protected employee under schedule rules will be blanked, nor will a protected

employee be furloughed or remain on furlough as long as a reduced crew is operating on his seniority district, except under certain conditions hereinafter provided.

(a) All employees holding a seniority date on brakemen and/or yardmen seniority rosters on the effective date of this agreement shall be known and designated as "protected employees." Any such employee in a dismissed or suspended status as of the effective date of this agreement, or there-after, who is subsequently reinstated with seniority rights unimpaired shall also be a protected employee.

Question and Answer

Q. #1 Does "or thereafter" apply to future dismissals?

A. #1 Yes.

(b) A protected employee shall retain the right to exercise seniority to must fill, blanked or blankable second brakeman or second yard helper positions (except those specified in Article 15 below and assignments which could be manned by one conductor (foreman) and one brakeman (helper) prior to the effective date of this agreement), subject to certain conditions provided for in this agreement.

Questions and Answers

Q. #1 Will blankable second brakeman/helper positions continue to be bulletined?

A. #1 Yes, where rules now require. When no bid is received for such a position from a protected employee the position will be blanked.

Q. #2 Does a protected employee retain the right to exercise seniority to a blanked second brakeman/helper position?

A. #2 Yes, if he is entitled to a bump, except on those positions that are subject to the above parenthetical exception.

Q. #3 Are protected extra employees to be called to fill a position that has been blanked?

A. #3 No.

Q- #4 Are protected extra employees to be called for a vacancy on a blankable position?

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A. #4 Yes, to the extent they are rested and available (subject to, the limitation that is in Article 7(c) and (d) hereof).

(c) Brakemen and/or switchmen establishing seniority after the effective date of this Agreement shall be known and designated as "non-protected employees" and shall not have the right to exercise seniority to or otherwise be used on blanked or blankable second brakeman or second yard helper positions. Other limitations on their seniority rights are as contained in Articles 6 and 7.

Question and Answer

Q. #1 If a protected employe declines or fails promotion, does he lose his protected status?

A. #2 No.

(a) The term "must-fill positions" refers to positions covered by agreements between Carrier and UTU, except second brakeman (helper) positions in road and yard service which may be blanked pursuant to this Agreement.

(b) The term "blanked position" refers to a second brakeman or yard helper position to which no protected employee has bid (i.e., it has been blanked) and, consequently, that crew works as a "reduced crew".

(c) The term "blankable position" refers to a second brakeman or yard helper position on a standard crew which is assigned to a protected employee and which, under certain specified conditions, can be operated as a "reduced crew".

(d) A "reduced crew" is a crew that operates with a conductor (foreman) and one brakeman (helper).

Questions and Answers

Q. #1 Is it necessary to bulletin a blankable brakeman (helper) position?

A. #1 Yes, if required by schedule rules.

Q. #2 Will blankable second brakeman (helper) positions continue to be bulletined?

A. #2 Yes, until no bids are received on such a position from a protected employee and in which event the position will be blanked.

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Q. #3 May protected employees exercise seniority to blanked positions that are under bulletin in accordance with schedule rules or agreements?

A. #3 Yes, to the extent permitted by schedule rules.

Q. #4 Does a protected employee retain the right to bump onto a blanked or blankable position even though it was passed up previously?

A. #4 Yes, provided he is entitled to an exercise of seniority under the applicable schedule rules.

Q. #5. May the Local Chairman request a blanked position be rebulletined without a request from an interested employee during the vacancy?

A. #5. Yes, provided the Local Chairman must identify which particular blanked vacancies he desires bulletined in both road and yard service, but not more often than ninety days.

Q. #6. When the Local Chairman requested that a blanked position be rebulletined, will the blanked vacancy be filled from the extra board during that bulletined period?

A. #6. No, but a protected regular or extra brakeman or yardman may fill the job for the life of the bulletin.

No Carrier supervisor, official, or non-craft employees including yardmasters) shall be used to supplant or substitute in the exclusive work of any train or yard cren working under UTU Agreements.

No protected employee will be moved from a standard crew of a conductor (foreman) and two brakemen (helpers) to reduced crew of a conductor (foreman) and one brakeman helper) In order to make such crew a standard crew of a conductor (foreman) and two brakemen (helpers), except as provided in Articles 6, 7 and 14 hereof.

Question and Answer

Q. #1 Is it intended that this Article places any restriction on the use of a brakeman onto a conductor vacancy or using a yard helper as a foreman in accordance with their promoted qualifications under existing schedule agreement rules?

A. #1 No.

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(a) Non-protected employees may not bid for or displace (bump) onto any regular assignment as conductor, brakeman or yardman (including foreman, helper and single-position assignments such as pilots, herders, etc.) or claim a temporary vacancy on such an assignment, if there is a qualified protected employee on the extra board (subject to the exception that is paragraph (d) of this Article). Additionally, they may not bid on or be assigned to any must-fill permanent vacancy if the following provisions of this Article will then result in the assignment of a protected employee who is occupying a blankable assignment.

Questions and Answers

Q. #1. The second sentence of paragraph (a) of this Article prohibits a non-protected employee from bidding on or being assigned to any "must-fill permanent vacancy" If there is a protected employee assigned to a blankable position. Does this sentence prohibit the force-assignment (i.e., when he has not "bid") of a non-protected employee to a must-fill conductor, brake-man, foreman or yard helper position while a protected employee is assigned to a blankable position?

A. #1 Yes. It intends that he may not "bid or be assigned" (i.e., either).

Q. #2 Does the second sentence of paragraph (a) of this Article prohibit a non-protected employee from becoming assigned to the Conductors' Extra Board while a protected demoted conductor is occupying a blankable brakeman's position?

A. #2 Yes. For purposes of this sentence the Conductors' Extra Board is considered a regular assignment. This is reinforced by the fact that this extra board protects only must- fill assignments (i.e., all conductor assignments that are worked are "must-fill").

Q. #3 Does the second sentence of paragraph (a) of this Article prohibit a non-protected employee from bidding for or being assigned to any conductor regular assignment while a protected demoted conductor is occupying a blankable brakeman position?

A. #3 Yes, but only if a protected employee can be forced assigned under the provisions of this agreement and applicable schedule rules.

Q- #4 What does the word "occupying" mean in the second sentence of paragraph (a) of this Article?

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A. #4 An employee is "occupying" an assignment when he is assigned to an assignment, either temporarily or "permanently", as a result of the voluntary or involuntary (i.e., force assignment) exercise of seniority. For example, it includes such things as having obtained a regular assignment by bidding or bumping on it, or being forced assigned to it. It does not include protecting an assignment on a daily or round trip basis by reason of being called from an extra board or by reason of having been used off his regular assignment in accordance with agreement rules.

Q. #5 When a conductor's regular assignment is bulletined and there are no bids (at a time when non-protected employees are prohibited from bidding because a protected employee is occupying a blankable brakeman position), who does this Agreement intend to have forced assigned?

A. #5 A demoted conductor will be assigned, as provided in the applicable schedule rules except that the person assigned must be a protected employee under this Agreement.

(b) When a permanent vacancy on a blankable brakeman or yard helper position is bulletined and there are no bids, notice will be issued blanking the position.

Questions and Answers

Q. #1 When a notice has been issued "blanking" a position under the provisions of Paragraph (b) of this Article, how does this Agreement intend that it can be reopened and assigned?

A. #1 Obviously, a non-protected employee may not reopen a blanked assignment. Insofar as a protected employee is concerned, if he has been displaced by a senior employee or his job has been abolished (or he has been displaced as a consequence of that happening to another employee), be may displace any junior employee or may reopen a blanked job.

Q. #2 How does this Article intend to handle the matter of seniority preference of other employees when a protected employee has displaced onto a previously blanked assignment?

A. #2 The reopened assignment is to be bulletined for bid from senior employees, but the displacing employee remains on it while it is under bulletin. If any senior employee bids on the assignment, be will be

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assigned; but if there is no bid from a senior employee, the displacing employee will remain assigned.

(c) When a permanent vacancy on a must-fill brakeman or yardman assignment (including helper, foreman and single-position yardman assignments) is bulletined and there are no bids, the assignment will be filled by force assigning (subject to the exception that is paragraph (d) of this Article) the most junior protected brakeman or most junior

qualified protected yardman on the extra board except that:

(i) A permanent must-fill brakeman vacancy on an existing pool turn, or on a new pool freight turn, that is not voluntarily filled by a protected brakeman will be filled by force assigning the most junior protected brakeman holding a blankable position in that pool or

on the extra Board at the point of supply.

Question and Answer

Q. #1 Will the junior protected extra board employee be assigned or, the junior of the

protected employees on the extra board and those on blankable pool positions?

A. #1 The junior protected employee In the group composed of a combination of those on the extra board at the point of supply and those on blankable pool positions.

(ii) A permanent must-fill brakeman vacancy in regular assigned road service (i.e., a local freight, road switcher, etc.) not voluntarily filled by a protected brakeman will be filled by force assigning the most junior protected brakeman holding a blankable position in regular assigned road service headquartered at the same point (same seniority district), or on the extra board at the point of supply.

Question and Answer

Q. #1 Will the junior protected extra board employee be assigned or, the junior of the protected employees on the extra board and those on blankable positions on regularly assigned service crews at the vacancy point?

A. #1 The junior protected employee in the group composed of a combination of those on the extra board at the point of supply and on blankable positions on regularly assigned service crews at the vacancy point.

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(iii) A permanent must-fill yardman vacancy that is not voluntarily filled by a protected employee will be filled by force assigning the most junior protected qualified employee holding a blankable yardman position on the same shift (i.e., that starting time bracket) in the same terminal or on the extra board: if one, then force assign the junior protected qualified employee assigned to a blankable position on the next later shift: if none, then assign the junior qualified protected employee assigned to a blankable position on the next following shift at that same terminal. EXCEPTION: A protected employee assigned to a blankable position

on the first shift (normally 6:30 -8:00 A.M. starting time) may not be forced assigned to the second and/or third shifts under the provisions of this paragraph.

NOTE: "Qualified yardman", as used in this Agreement, refers to the fact that a yardman must be qualified as yard foreman if that is the type of vacancy that was bulletined or is to be filled.

Questions and Answers

Q. #1 Do the words "same shift" and "same starting time bracket", as they appear In Articles 6(c) and 7(c), refer to the time periods referred to in existing starting time rules ?

A. #1 Yes. For example: the time periods 0630 to 0800, 1430 to 1600, and 2230 to 2400 where three eight-hour shifts are worked in continuous service.

Q. #2 Is it the intent of Paragraph (c) of this Article to force yardmen to road service or brakemen to yardman service?

A. #2 Applicable schedule rules will apply.

(iv) A permanent must-fill brakeman or helper vacancy in road or yard service that has not been assigned under the foregoing provisions will be assigned to the junior non- protected brakeman or yardman (as the case may be) on the extra board that normally protects temporary vacancies on the assignment.

(d) If one or more non-protected employees are assigned the extra board, an equal number of protected employees may elect to remain on or may elect to revert to the extra board, displacing the non-protected employee(s). Protected employees eelecting to do so will, in reverse seniority order, lose their protected status in filling blankable positions

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so long as non-protected employees are holding must-fill positions. A protected employee who does so may still bid on bulletined vacancies, or may voluntarily exercise displacement rights to which he is entitled under applicable schedule rules.

When a force assignment becomes necessary (at the time the bulletin expires) and that force assignment is to be made from an extra board composed of both (fully) protected and non-protected employees (or the force assignment will otherwise result in a non-protected employee being added to the extra board):

(i) If the junior (fully) Protected employee on that extra board has filed a written request to remain on the Board and thereby waive his rights to fill blankable vacancies, the junior non-protected employee on the board will be force assigned if it is a must-fill vacancy (if not, it will be blanked):

(ii) if another force assignment then (later) becomes necessary, the next junior employee who is fully protected, has the same waiver privilege.

It is the intention that the exercise of this waiver will result in one "limited-rights" protected employee on the board for each non-protected employee (1 for 1) on a

"must-fill" assignment.

If a force assignment becomes necessary and the junior (fully) protected employee on the extra board does not have a waiver request (to remain on the board) on file with the caller, he would be force assigned as contemplated by other provisions of this Article 6. He may later, however, give up the assignment to revert to the extra board (displacing the junior non-protected employee then on the board)in the manner and under the conditions set forth in the schedule agreement.

Questions and Answers

Q. #1 Do protected employees who waive their protected employee status (by permitting a non-protected employee to hold a must-fill position) lose their trip credits and participation in the Productivity Fund during their period of time they are considered non- protected?

A. #1 No. They are entitled to trip credits for trips (or tours of duty) actually worked.

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Q. #2 When a protected employee who has waived his protected employee status elects to bid on (and becomes assigned to) a bulletined vacancy or exercises his voluntary displacement rights, what are his rights.

A. #2 He will regain Hs (fully) protected employee status.

(a) Protected brakemen and yardmen on the extra board (subject to the exception that is Article 6(d), above) shall be used on blankable second brakeman/Yard helper temporary vacancies and on must-fill temporary vacancies to the extent specified below.

(b) Non-protected brakemen/yardmen on the extra board shall be used only on must-fill temporary vacancies and shall have no claim if runaround by a protected brakeman/yardman being used on a blankable vacancy.

(c) YARDMEN'S EXTRA BOARD

After all available extra board yardmen have worked their 11 straight-time shifts in the workweek (or 11 straight-time shifts in the seml-monthly pay period where C&S schedule rules are applicable), as provided in applicable agreements (or when the extra board is exhausted), must-fill temporary vacancies (only) for the remainder of the workweek (or so long as the extra board remains exhausted, if that is the case) will be filled by the most junior available protected yard helper (who must be qualified if it is a foreman vacancy) assigned to work that day on a blankable position in the same starting time bracket in which the vacancy exists and those so used will receive no less compensation than they would have earned on their own assignment.

In the event there is no available protected yard helper holding a blankable position in the same starting time bracket in which the vacancy exists, the must-fill vacancy will be filled in accordance with applicable schedule rules.

NOTE: As used in this Agreement, "exhausted" means that there is no one on the extra board who is rested and available to protect the vacancy.

Question and Answer

Q. #1 A blankable yardman's vacancy exists and there are no protected men on the extra board; also, there

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are no protected men furloughed. There are, however, a number of regular assigned men who have signed up to protect extra work. Is it required that we call the senior available regular assigned yardman to fill this blankable yardman's vacancy?

A. #1 No.

(d) BRAKEMENS EXTRA BOARD

When a road Brakemen's Extra Board is exhausted a must-fill vacancy at the extra board point will be filled by the most junior available protected brakeman holding a blankable position at that point. If the vacancy is in regular assigned service at an outlying point, the most junior available protected brakemen holding a blankable position in regular assigned service at that point will be used. If there are none, the vacancy will be filled in accordance with applicable schedule rules.

Questions and Answers

Q. #1 If no protected extra brakeman was available to deadhead (at normal deadhead time) to protect an out-lying blankable vacancy, but one later becomes available, are we required to call him to fill the vacancy?

A. #1 No. The vacancy will be blanked for the day or round trip.

Q. #2 When an outlying blankable vacancy has been blanked for the day or round trip because no protected extra man was available, must the Carrier call a protected extra brakeman who is available to fill the blankable vacancy on the next day or trip?

A. #2 Yes.

Q. #3 There is a blankable vacancy and the extra board is exhausted, but there are furloughed protected men who have signed up to protect extra work, must they be called?

A. #3 Yes. If none have signed up or none who have signed up are available, the vacancy will be blanked for the day or round trip.

(e) COMBINED YARDMEN-BRAKEMEN EXTRA BOARD

When a combined road-yard extra board is exhausted, must-fill vacancies in yard service will be filled by the most junior available protected yard helper (who must be qualified if it is a foreman vacancy) assigned to work that day on a blankable position in the same starting time

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bracket in which the vacancy exists (if none, as the applicable schedule rule provides), and those so used will receive no less compensation than they would have earned on their own assignment. Thereafter, such vacancies will be filled in accordance with applicable schedule rules.

When a combined road-yard extra board is exhausted, must-fill vacancies in road service at the extra board point will be filled by the most junior available protected brakeman holding a blankable position at that point. If the vacancy is at an outlying point, the most junior available protected brakeman holding a blankable position at that point will be used. If there are none, the vacancy will be filled in accordance with the applicable schedule rules.

Question and Answer

Q. #1 In the first paragraph of this Section (e), does the language "received no less compensation than they would have-earned on their own assignment" include overtime and arbitraries?

A. #1 Yes.

The Carrier will maintain a sufficient number of regular and extra employees to permit reasonable lay-off privileges and to protect must-fill vacancies, vacations, personal leave day(s) and other extended vacancies.

There will be no change in the existing practice or agreements in the regulation of the number of turns (crews) in freight pools or in the number of employees assigned to the extra boards.

In the event a standard yard crew member fails to report for duty at the assigned reporting time, the remaining crew members may be required to work on a reduced crew basis for one period of time not to exceed 90 minutes; but if the crew is to work in excess of that time and there is an available protected helper on the extra board at that point, he will be called to fill the vacancy. If there is no available protected helper on the extra board at that point (or no extra board is maintained at that point), the position will be blanked and the Carrier may require the remaining crew members to finish that tour of duty. If they are required to work more than the one 90-minute period as a reduced crew, they shall be paid the Special Allowance and payment will be made to the productivity Fund as provided for in Articles 18 and 19 of this Agreement.

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In the event that any member of a standard yard crew discontinues duty before completion of the crew's tour of duty, he shall be paid for the actual tame on duty and the remaining two crew members may be required to work for one period of time not to exceed 90 minutes without penalty. However, if the Carrier elects to work the two remaining crew members more than the one 90-minute period, it will call a protected extra employee if one is available at that point. If no protected extra employe is available at that point and the Carrier elects to work the remaining two crew members more than the one 90-minute period, they will receive the Special Allowance and payment shall be made to the Productivity Fund as hereinafter provided In Articles 18 and 19.

(a) The following car limits and train length limitations shall be made effective in road freight service:

Trains of one to 71 cars but not to exceed 4015 feet in length, including caboose(s) may be operated with a reduced crew of one conductor and one brakeman, subject to other provisions of this Agreement.

Trains of 72 cars to 121 cars but not to exceed 6840 feet in length, including caboose(s), may be operated with a reduced crew of one conductor and one brakeman on those territories specified by understanding between the UTU General Chairman and Carrier's Director of Labor Relations.

Trains consisting of more than 121 cars or exceeding 6840 feet in length, including caboose(s), may be operated only with a standard crew, except as otherwise provided in this Agreement.

(b) Employees will not be required to operate with less than the required train crew consist specified in this Agreement, nor will they be censured or disciplined in any manner for refusal to do so.

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Questions and Answers

Q. #1 Does this Article 11 contemplate that the Carrier will make arrangements to implement some system whereby a reduced crew will be able to determine the length of their train?

A. #1 Yes.

Q. #2 Does this Article 11 contemplate that the operating locomotive is to be included in the car count or in the train length computation?

A. #2 No.

In the event that a member of a standard road crew fails to report before departure of his train from the terminal (i.e., before the train departs on its road trip from the yard track where the train is first made up), the crew may be used (subject to the NOTE, below) on a reduced crew basis to and from the away-from-home terminal provided the trains they operate do not exceed 121 cars, including caboose(s), but not to exceed 6840 feet in length including caboose(s). The two crew members so used will be paid the Special Allowance and payments will be made to the Productivity fund as provided in Articles 18 and 19 of this Agreement.

NOTE: If an employee is given less than the required advance call, the train will be held not to exceed the amount of time the call was short.

In the event that a member of a standard road crew marks off at other than the extra board point for reasons of his own, the remaining two crew members may be required to work back to their home terminal (or layover point), providing the train does not contain more than 121 cars or is not more than 6840 feet in length, for which they will receive the Special Allowance and payment will be made to the Productivity Fund as provided in Articles 18 and 19 of this Agreement.

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Questions and Answers

Q. #1 Does this Article intend that it will apply if a member of the crew becomes sick, is injured or some other emergency causes him to leave his standard crew after be commences duty at the initial terminal (or at the home terminal) or at some intermediate point?

A. #l Yes.

Q. #2 What does this Article 13 intend when the employe who marks off is the conductor?

A. #2 In that event, it intends that the senior demoted/emergency (C&S-FW&D/JTD) conductor on the crew will be used as the conductor.

Q. #3 Does this Article intend that the crew may complete the assigned work at their final terminal?

A. #3 Yes.

At the away-from-home terminal, when (1) a vacancy exists on a reduced crew, or (2) in order to restore a reduced crew to a standard crew to operate a train in excess of 121 cars or 6840 feet as provided in Article 11, the vacancy will be filled (if the crew is to be worked) in the following sequence:

(a) By stepping up the first rested and available brakeman from a blankable position in the same set of pool crews (but use the junior brakeman on a crew when both brakemen are rested and available).

(b) By stepping up the first rested and available brakeman from a must-fill position in the same set of pool crews.

(c) By deadheading a brakeman from the extra board point or by deadheading the remaining crew member(s) of the short crew to the home terminal.

In the application of Subparagraphs (a) and (b), it is understood that subsequent brakemen will not be stepped up to flll a vacancy on a crew from which a brakeman had been stepped up in order to make that crew a standard crew. The brakeman who is stepped up to restore a crew to a standard crew as provided for in the first paragraph of this Article 14 will be allowed the Special Allowance as provided in Article 18f this Agreement, separate and apart from the make-whole provisions set forth next below.

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Brakemen used off their regular assignment under Subparagraphs (a) or (b) above, will be returned to their regular assignment at the home terminal and will receive no less compensation than they would have earned had they remained on their regular assignment.

Questions and Answers

Q, #1 Does the penultimate paragraph of this Article, and particularly the last sentence thereof, intend that the moved-up brakeman can collect the Special Allowance because of being moved up and then collect it again in his "make whole" if his regular crew collects it for their trip (which he missed because of the move-up)?

A. #1 No.

Q. #2 A brakeman on a standard crew lays off for reasons of his own at the away-from- home terminal and his crew is to be called for a train that consists of more than 121 cars and on which the crew will be required to make set outs and pickups en route: A brakeman on a succeeding standard pool crew is stepped up in accordance with Article 14(a), thereby making that brakeman's regular crew a reduced crew. Is it permissible for the "stepped up" brakeman's regular crew to be used on a reduced crew basis from the away- from-home terminal to the home terminal on a train that does not exceed 121 cars?

A. #2 Yes.

Article 15

(a) New business or new service operations of trains not exceeding 121 cars or 6840 feet in length, including caboose(s), such as piggyback, unit and single-commodity trains, established to compete with other modes of transportation, such as trucks, ships and barges; and all non-revenue trains, such as snowplows, work or wreck trains (including handling of wreck trains, terminal to terminal) may be operated with a reduced crew of not less than one conductor/foreman and one brakeman/yard helper.

(b) Where such service is protected from extra boards or by crews exclusively assigned to such service, it may be manned by reduced crews. When such service is protected by standard crews, second brakeman (helper) vacancies will be filled by available protected extra board brakemen (helpers) to the extent provided for in Article 7 of this Agreement.

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(c) Car limits and train lengths set forth in this agreement do not apply to Hours of Service reduced relief crews, except that if the train consists of more than 71 cars or 4015 feet, including caboose(s), no scheduled work will be performed en route to the terminal.

Questions and Answers

Q. #1 A road or yard assignment regularly services an industry or industries. A new industry(s) is later established which generates new business requiring an additional road or yard assignment. May this road or yard assignment be operated with a reduced crew

under the new business concept?

A. #1 Yes If the new industry(s) work does not warrant such an assignment and existing assignments cannot absorb the work, the carrier could serve the new industry(s) (only) with extra crews, which could be reduced crews. If existing crews do absorb the work at he new industry(s), the crew consist does not fall within this new rule.

Q. #2 May a new road switcher assignment be considered as new business or service?

A. #2 Consistent with Question and Answer #1 above, a new road switcher assignment may be operated with a reduced crew when providing new service to exclusively accommodate the new business.

Q #3 Does the restriction contained in Paragraph (c) of this Article also apply within the initial or final terminal?

A #3 No, this will not affect the rights granted the carrier under Article IX of the January 27, 1972 National Agreement.

(a) Operable portable radios will be furnished each member of reduced crews consisting of one conductor (foremen) and one brakeman (yard helper). Such radios will not exceed three pounds in weight and will be equipped with a suitable holder which will firmly hold the radio close to the body or will be of such size as to permit being placed in coat pocket. Employees will not be held responsible for accidents caused by failure of radio equipment to properly function. the Carrier will be responsible for maintenance of radios and employes will not be held responsible for failure or malfunction of radio equipment unless obviously caused by employee abuse or tampering.

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(b) sufficient frequency channels will be utilized to provide safe communication.

(c) Except in an emergency, reduced crews will not be required to commence work at the start of their shift without operable portable radios, nor will they be censured or disciplined in any manner for refusing to do so.

(d) Except in an emergency, reduced crews in road service will not be required to perform switching or depart a terminal with train not having radio communication between the caboose, if any, and head end of train in addition to operable portable radios, nor will they be censured or disciplined in any manner for refusing to do so.

NOTE: "Emergency", as used in preceding Paragraphs (c) and (d), is defined as wrecks, fires, washouts, or main line obstructions.

Questions and Answers

Q. #1 Does Paragraph (d) of this Article intend that the Carrier is required to install and maintain "fixed" radios on cabooses not now equipped (i.e., those cabooses used on locals, road switchers, mine switchers, etc.) if they are to be used by reduced crews?

A. #1 No. The Agreement simply requires that the reduced crews using such cabooses must have portable radios to provide communication between the locomotive and the caboose.

Q. #2 Does Paragraph (d) of this Article intend to restrict the Carrier in its use of foreign line cabooses or locomotives?

A. #2 No. The Agreement simply requires that the reduced crews using such cabooses or locomotives must have portable radios to provide communication between the locomotive and the caboose.

Q. #3 When a local freight crew leaves their initial terminal with all portable radios properly working but at an intermediate point a portable radio fails, can they perform switching at this and other intermediate points?

A. #3 Yes, for the balance of that tour of duty. The restrictions contained in Paragraph (d) of this Article are applicable only at the initial terminal for that trip or tour of duty.

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(a) The Carrier is not restricted by this Agreement from establishing or continuing assignments which have been single-position assignments such as, but not limited to, Pilots and Herders.

(b) Where the Carrier elects to operate a job with a crew consist in excess of that required by this Agreement, and the excess position on a crew is filled for five consecutive days, the senior employe making written application for the position will be assigned on the sixth day (in accordance with the temporary vacancy rule on the individual property). if the position is to be continued. The position may be abolished at any time pursuant to the usual notice requirements.

Beginning on the effective date of this Agreement, road freight train and yard service crew members, both protected employes and non-protected employes, working on reduced crews shall be paid an additional Special Allowance of $4.00, as adjusted, for each tour of duty worked, as compensation for the additional services and responsibilities consistent with the operation of a reduced crew.

The $4.00 Special Allowance is subject to all retroactive wage and cost-of-living allowance increases from January 1, 1978, and to all future wage and cost-of-living allowance increases becoming effective on or subsequent to the date of this Agreement. (This allowance is $7.11 effective January 1, 1984.)

Questions and Answers

Q. #1 Does the Special Allowance payment apply to payments such as held time, runarounds, deadhead, call and release (no work performed), guarantees, holiday pay when service not performed on holiday, personal leave pay, vacation pay, payments made due to violation of agreement rules, etc.?

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A. #1 No. The Special Allowance is paid only for road service trips and yard tours of duty actually performed (worked) where the additional responsibility in working with a reduced crew is involved.

Q. #2 Does a reduced crew that is called on duty, performs service (work) and is subsequently released, qualify for the Special Allowance?

A. # 2 Yes, because service (work) was actually performed.

Q. #3 In reference to the preceding question, the crew performs no service (work) but qualifies for the payment prescribed in the schedule rules.

A. #3 The crew would not qualify for the Special Allowance because no service (work) was performed.

(a) For each yard tour of duty or road freight service trip that a crew is operated with one conductor or foreman and one brakeman or yard helper, the Carrier will pay into the Employees' Productivity Fund the sum of $48.25. This payment will be made on a pay-period cash basis for the sole and exclusive benefit of the eligible protected train and yard service employees represented by the United Transportation Union and is to be considered as an account or trust of and for the protected employees as a sharing in productivity savings. The $48.25 payment will not be subject to future general wage increases or cost-of-living adjustments.

Question and Answer

Q. #1 Under the provisions of Paragraph (a) of this Article will the Carrier make a payment ($48.25) to the Employees' Productivity Fund for such items as held time, runarounds, deadhead, call and release (no work performed), guarantees, holiday pay when service not performed on holiday, personal leave pay, vacation pay, payments made due to violation of agreement rules, etc.?

A. #1 No. This payment is made only for road service trips and yard tours of duty actually performed (worked) where the additional responsibility in working with a reduced crew is involved.

(b) Separate Employee Productivity Accounts shall be maintained for each particular road and yard seniority district of the former C&S, FW&D and JTD unless otherwise agreed by an individual UTU C&T General Chairman and

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Carrier's Director of Labor Relations. At the end of each year, each protected employee performing service in that particular seniority district will share in the division of the Employees' Productivity Fund, according to the number of yard tours of duty and/or road freight trips performed in that district during that calendar year. For equity purposes, each paid vacation day taken by a protected employee in road freight and/or yard service will be credited in computing his share of the Productivity Fund.

EXAMPLE

Amount in Fund at end of year $288,000

Number of protected employes 200

Total number of road freight

service trips and yard tours of

duty by protected employees only l2,000

$288,000 divided by 12,000 = $24 per share

Each protected employee receives $24 x the number of his trips or tours of duty.

Questions and Answers

Q. #1 Will employees working single assignments such as pilots or herders share in the Productivity Fund?

A. #1 They receive the trip credits but they are not paid the Special Allowance and a Productivity Fund payment is not made.

Q. #2 In the event of the death of a protected employee who is entitled to payment from the Productivity Fund, will his part be paid to the estate or beneficiary?

A. #2 Yes, at the end of the year when disbursements are made.

(c) The productivity sharing provided for above is limited to the extent that the total amount of a protected employe's annual share of the Employees' Productivity Fund cannot exceed 1/3 of his total compensation for that calendar year.

EXAMPLE

The protected employee earns $27,000 for service performed. His payment from the fund for the year could not exceed $9,000 (1/3 of $27,000).

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