QUESTIONS AND ANSWERS - BLE ROSEVILLE HUB

Article I - Hub

Q1. Which Hub is Elko in?
A1. For seniority purposes engineers are in the Salt Lake Hub, however due to the unique nature of Elko being a terminal for both Hubs, the extra board at Elko may perform service on both sides of the terminal.

Q2. What Hub are the Valmy coal assignments in?
A2. Because they are on duty at Elko and work to or short of Winnemucca, but not including Winnemucca, they are part of the Salt Lake Hub.

Q3. What will happen to those engineers previously located at Carlin?
A3. They are part of the Roseville Hub and will have to place on positions within the Hub after implementation.

Q4. How will pool freight service be run between Elko and Winnemucca?
A4. This service shall have its home terminal at Winnemucca.

Q5. How will Local Service be run between these same two points?
A5. Both Winnemucca and Elko may have a local with a home terminal at that location, however when it arrives at the far terminal it may not perform local work at the far terminal but may only  make moves permitted by the National Agreement.  Both locals may serve all industries between the two terminals.

Article II - SENIORITY AND WORK CONSOLIDATION

Q6. Does the "earliest retained hire date" in Article II B (1) refer only to an operating craft date?
A6. No, it refers to the earliest retained hire date regardless of position.  However  if an engineer took an allowance that required them to relinquish that seniority then that date would no longer apply.

Q7. How long will Zone  rights be in effect?
A7. Once the interim period is closed these rights are permanent.

Q8. In Article II(C)(7), what does the phrase "when their services are no longer required" mean?
A8. It is the parties intent to release forced,  borrow out and auxillary board engineers as soon as practical but without causing an added burden on those engineers who remain in the Hub.  When the change in operations result in sufficient engineers to cover the service, then the forced, borrow out and auxillary board engineers services will no longer be required and they will be released in the same order of forced, borrow out and auxillary board.

Q9. When the new rosters are created, will former NWP and SN  engineers use those seniority dates or the dates they have been afforded on the SP West?
A9. They will be placed on the merged roster on the basis of their SP West and WP consolidated seniority dates and not their NWP and SN seniority dates.

Q10. After implementation, when engineers complete engineer training, what engineer roster will they be placed on?
A10. Engineer promotion assignments will only be placed by Zone and engineers will be placed on the Zone roster where the notice for promotion was bulletined..

Q11. 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, D?
A11. Yes.

Q12. In Article II(H), what does it mean when it refers to protecting all vacancies within  a Zone?
A12. If a vacancy exists in a Zone, it must be filled by an engineer holding reserve board rights prior to placing any engineers on reserve, or supplemental boards.

Q13. In Article II, E, what assignments will be put up for bid?
A13. All pool assignments that are relocated, all pool assignments that are changed due to adding new destinations and increases on extra boards where the new pool assignments are added.

Q14. Must engineers fill Alameda Belt Line and Oakland Terminal vacancies prior to exercising seniority to a Reserve Board?
A14. If prior to the merger an engineer held seniority on those properties and was required to fill such vacancies, they will still be required to do so.  If not, then no such requirement is provided in this Agreement.

Q15. What will be the process under Article II (E) to pre-advertise and pre-assign the pool, extra board and other vacancies prior to actual placement of the engineers?
A15. On a given day, (Day 1) all new assignments and corresponding  old assignments to be abolished will be posted.  Engineers will have fifteen (15) days to place a bid (multiple bids are permitted) or notify CMS of their displacement(s).  Engineers affected by the initial abolishments who do not bid or displace by the end of the fifteen (15)  day period will not have further bid or displacement rights during this bid process.  The abolishments and displacements are not effective until the new assignments are effective.

On the fifteenth day, the appropriate Local Chairmen will meet in Omaha and review all bids and bumps. They will begin notifying successful bidders and those bumped on the sixteenth day.  Additional vacancies created by engineers bidding on the new jobs will not be posted, but engineers who have been displaced shall be contacted in seniority order and their displacements or bids to vacancies shall be processed.  This shall continue until all vacancies are filled.

If vacancies still remain, then those engineers who neither bid nor bumped nor hold a position will be assigned in seniority order to the remaining vacancies.  If vacancies still exist after this process, then engineers on a Reserve Board shall be recalled in junior order and assigned to remaining vacancies without displacement rights.  Assignments shall be phased in beginning thirty (30) days after the bid closing date.  CMS will work with the Local Chairmen in this process.

Q16. Who will pay the salary and expenses of the Local Chairmen for the time they are in Omaha assisting with Article II, E assignments?
A16. The Carrier shall pay transportation, lodging, meals and lost earnings.

Q17. What about engineers who are on vacation during this time?
A17. These engineers must make application for displacement before leaving on vacation and should keep in contact with their local Chairman.  

Q18. During the interim period while the tunnels are being notched how will crews operating between Roseville and Sparks be used?
A18. They will work on a temporary basis to Portola in lieu of Sparks.  CMS will contact the Local Chairman when this will happen.

Q19. What is the status of pre October 31, 1985 trainmen/firemen seniority or reserve status?
A19. Trainmen/firemen seniority will be in negotiations/arbitration with the appropriate Organizations.  Former WP reserve engineers status will not be maintained in the Roseville Hub.  Employees will be treated as firemen should they not be able to hold as an engineer.  Those currently "treated as" will continue such status.

Q20. What is the status of post October 31, 1985 firemen seniority or reserve engineer status? 
A20. A post October 31, 1985 engineer will exercise their seniority as a trainman in accordance with the applicable agreements should they not be able to hold a position in engine service.  Reserve engineer status will  be governed by the controlling CBA.

Q21. Will the Carrier continue to discuss  ebb and flow issues after the merger?
A21. Yes, the Carrier recognizes the benefits of discussing this issue further.

ARTICLE III - POOL OPERATIONS

Q22. How will the crews know the miles of the new assignments?
A22. The parties will meet and review the mileage and a chart will be given to timekeeping, Local Chairmen and posted at various locations.  For those pre-merger runs that continue post-merger that had allocated, constructive or excess mileage, they shall continue for those employees currently eligible for the allocated, constructive or excess mileage, for all other pool freight runs actual mileage shall be used.

Q23. Will existing pool freight terms and conditions apply on all pool freight runs?
A23. Except for application of allocated mileage pools in Q&A 22, the terms and conditions set forth in the surviving  collective bargaining agreements and this document will govern.

Q24. Article III refers to "sufficient traffic to warrant a pool".  What criteria will be used to determine "sufficient traffic"?
A24. The Local Chairman may establish pools when the minimum mileage is met and regulate based on  mileage regulation provisions of the CBA.

Q25. Is the "minimum two hour payment" in Article III, A (8)(b) payable to all engineers, both pre and post October 31, 1985 and pre and post implementation?
A25. Yes.

Q26. Why are references to Stockton/Lathrop as a combined facility.
A26. Lathrop is an intermodal facility and lodging is in the Stockton area and power is frequently transported to Stockton or received at Stockton.  Engineers can be used into or back to Stockton and/or Lathrop and will be paid additional miles if they operate beyond Lathrop.  For example if a Bakersfield crew runs to Lathrop and drops off their train but runs the power to Stockton then they will be paid to Stockton.  If transported just to the lodging facility they do not receive the miles.

Q27. Under Article III(M)(1), who is responsible for notifying engineers to deadhead prior to tie-up?
A27. The Carrier.

Q28. In the above, question can the Carrier use a notice or bulletin to notify an employee to deadhead prior to tie-up?
A28. Yes, if the notice is meant to notify all employees working in a paticular pool.

ARTICLE IV - EXTRA BOARDS

Q29. How many extra boards will be combined at implementation?
A29. It is unknown at this time.  The Carrier will give written notice of any consolidations whether at implementation or thereafter.  The Carrier will advise the number of positions for each extra board and the effective date for the new extra board.  The engineers will have at least ten days to make application to the new extra boards and the Zone roster will be used for assignment to those Boards.  The creation, combining and elimination of extra boards is not dependent on Article II (E) (1).

Q30. Are these guaranteed extra boards?
A30. Yes. The pay provisions and guarantee offsets and reductions will be in accordance with the  surviving CBA guaranteed extra board agreement.

Q31. Is it the intent of this agreement to use extended calls on a regular basis to  avoid the obligation to protect service?
A31. No.

ARTICLE V - TERMINAL CONSOLIDATIONS

Q32. Are the national road/yard Zones covering yard crews measured  from the new terminal limits  where the yard assignment goes on duty?
A32. The new terminal/station limits where the yard crew goes on duty will govern.

ARTICLE VI - AGREEMENT COVERAGE

Q33. If a crew 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 crew?
A33. Except in cases of emergency, the crew will be deadheaded on to the far terminal.

Q34. Is it the intent of this agreement to use crews beyond the 25 mile zone?
A34. No.

Q35. In Article VI(B)(1), is the basic day for operating in the 25 mile zone frozen and/or is it a duplicate payment/ special allowance?
A35. No, it is subject to future wage and COLA adjustments and it is not a duplicate payment/special allowance.

Q36. How is a crew paid if they operate in the 25 mile zone?
A36. If a pre-October 31, 1985 engineer is transported to its train 10 miles east of Sparks and he takes the train to Roseville and the time spent is one hour East of Sparks and 10 hours between Sparks and Roseville with no initial or final delay earned, the engineer shall be paid as follows:

  1. One-half basic day for the service East of Sparks because it is less than four hours spent in that service.
  2. The road miles between Sparks and Roseville
  3. Overtime based on the overtime divisor used.

Q37. Would a post October 31, 1985 engineer be paid the same?
A37. If the overtime divisor used for post October 31, 1985 engineers is the same then yes, however if the overtime divisor is different then no.  The controlling CBA should be refered to.

Q38. How will initial terminal delay be determined when performing service as outlined above?
A38. Initial terminal delay for crews entitled to such payments will be governed by the applicable collective bargaining agreement and will not commence when the crew operates back through the on duty point.  Operation back through the on duty point  shall be considered as operating through an intermediate point and crews may perform work only in connection with their own assignment at the intermediate point. 

Q39. How will an engineer be paid who is used in the twenty-five mile zone to obtain a train, brings the train into the original on-duty terminal (now an intermediate point) and then deadheaded on to the far terminal because of insufficient time to continue with the train?
A39. The engineer will be paid under the twenty-five mile provisions for the work in that Zone and deadheaded in combination deadhead/service.

Q40. If an engineer works ten hours in the twenty-five mile zone how shall they be paid?
A40. Eight hours straight time and two hours overtime in addition to the payment at the far terminal. 

Q41. When the surviving CBA becomes effective what happens to existing  claims filed under the other collective bargaining agreements that formerly existed in the Roseville Hub?
A41. 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.

ARTICLE VII - PROTECTION

Q42.  What is automatic certification?
A42. An understanding reached by the parties that an engineer will be provided the benefits of the applicable labor protective conditions without having to prove he/she was adversely affected as a result of implementation of this Agreement.

Q43. How will the test period average be determined?
A43.The calendar year 1996 will be used.

Q44. How does the Carrier calculate test period earnings if, for example, an engineer missed two (2) months compensated service in 1996?
A44. If an engineer had no compensated service in the two (2) months, the Carrier will go back fourteen (14) months to  calculate the test period earnings based on twelve (12) months compensated service.

Q45. How will an engineer be advised of their test period earnings?
A45. Test period averages will be furnished to each individual and the General  Chairman.

Q46. How is length of service calculated?
A46. It is the length of continuous service an engineer has in the service of the Carrier with a month of credit for each month of compensated service.

Q47. If an engineer has two years of engineers service and three years of conductor service, and one year of clerical service how many years of NYD protection will they have?
A47. Six.

Q48. How will the engineers know which jobs are higher rated?
A48. The Carrier will periodically post job groupings identifying the highest to lowest paid jobs.

Q49. Will specific jobs be identified in each grouping?
A49. Pools, locals and extra boards may be identified separately but yard jobs and road switchers will not be.

Q50. What rights does an engineer have if he/she is already covered under  labor protection provisions resulting from another transaction?
A50. 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 engineer 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.

Q51. If an engineer is displaced from his/her assignment and not immediately notified of the displacement, will their New York Dock protection be reduced?
A51. An engineer's reduction from New York Dock protection would not commence until notification or attempted notification by telephone or in person.  The reduction would continue until the engineer placed himself/herself.

Q52. How will reductions from protection be calculated?
A52. 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:

  1. Pool freight assignments - 1/15 of the monthly test period average will be reduced for each unpaid absence of up to 48 hours or part thereof.  Absences beyond 48 hours will result in another 1/15 reduction for each additional 48 hour period or part thereof.
  2. Five day assignments -  1/22 of the monthly test period average will be reduced for each unpaid absence of up to 24 hours or part thereof.  Absences beyond 24 hours will result in another 1/22 reduction for each additional 24 hour period or part thereof.
  3. Six & seven day assignments - The same process as above except 1/26 for a six day assignment and 1/30 for a seven day assignment.

 

  1. Extra board assignments -  1/30 of the monthly test period average will be reduced for each unpaid absence of up to 24 hours or part thereof.  Absences beyond 24 hours will result in another 1/30 reduction for each additional 24 hour period or part thereof.

 

Q53. Will an employee have their protection reduced while on a protection board?
A53. Yes, but only for layoffs or other absences. They will be considered as holding the highest rated position when on the board.

Q54. Can you give an example of how the interim protection and regular protection will operate?
A54. The following  examples cover  engineers with less than six years of service and more than six years of service.:

Q55. Why are there different dollar amounts for non-home owners and homeowners?
A55. 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.

Q56. Why is there one price on loss  on sale of home?
A56. 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.

Q57. What is loss on sale of home for less than fair value?
A57. 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.

Q58. If the parties cannot agree on the loss of fair value what happens?
A58. 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.

Q59. What happens if an engineer sells the home for $20,000 to a family member?
A59. 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.

Q60. What is the most difficult part of New York Dock in the sale transaction?
A60. 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.

Q61. Who is required to relocate and thus eligible for the allowance?
A61. An 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 (system reserve board) and released.

Q62. Are there mileage components that govern the eligibility for an allowance?
A62. 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.

Q63. Can you give some examples?
A63. The following examples would be applicable.

Q64. Are there any seniority moves that are eligible for an allowance?
A64. Yes, the parties may by agreement treat certain moves as required to relocate and those moves are listed in Article VII(C)(7).  The move may not trigger other relocation allowances.

Q65. Will engineers be allowed temporary lodging when relocating?
A65. Engineers entitled to a relocation allowance shall be given temporary lodging for thirty (30) consecutive days as long as they are marked up.

Q66. Are there any restrictions on routing of traffic or combining assignments during the interim period or thereafter?
A66. There are no restrictions on the routing of traffic in the Roseville Hub once the 30 day notice of implementation has lapsed and the interim period has begun.  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.

Q67. Will the Carrier offer separation allowances?
A67. 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..

Q68. When will a reserve boards be established and under what conditions will they be governed?
A68. Depending on manpower needs there may be engineers on reserve boards on implementation day.  The consolidated reserve board will be effective on that day however agreement provisions requiring all vacancies to be filled and the displacement of engineers not entitled to reserve board positions must be complied with prior to the Carrier opening reserve board positions.  The reserve board provisions of the controlling CBA will govern its operation.

Q69. Will engineers be eligible for a dismissal separation under NYD?
A69. For the purposes of NYD separations no engineers will be considered "dismissed" employees or eligible for NYD separation.

Article IX - IMPLEMENTATION

Q70. On implementation will all engineers be contacted concerning job placement?

A70. 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 in accordance with Article II (E) (1) Local Chairman will assist in handling the bidding and placement process at that time and engineers may be contacted for placement if insufficient bids are received.  The new seniority rosters will be available for use by engineers who have a displacement.