Vancouver-Pasco ID Agreement
Side Letters
SIDE LETTER NO. 1 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions it was agreed that with regard to Section 4 (b),(1) of the agreement, the BLE Division at Portland-Vancouver may index the mileage regulation figures specified to the extent desired to offset the loss of earnings attributable to the increase in the basic day occurring as a result of Article IV, Section 2 of the Award of Arbitration Board No. 458 and related provision of Public Law 102-29. It is understood that the decision to index mileage is left to the sole discretion of the BLE Division at Portland-Vancouver (as expressed through and by the BLE Local Chairman) subject only to the limitations as set forth below.
The mileage range as specified in Section 4(b),(1) may be increased from the existing 3600 to 4100 miles per month up to, but not to exceed, 4126-4626 miles per month. It is intended that the pool will be regulated to provide an average falling with this range.
Except as specifically noted above the provisions of Agreement BN 4/24/81 OPS 36-81 shall be applicable.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 2 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions it was understood that Section 4(b),(2) of the agreement would be amended so as to provide that for the purpose of mileage regulation, deadheads in the ID pool would be counted as 100 miles instead of the actual mileage as written. This is in recognition of the provisions of Article VI of the Award of Arbitration Board No. 458.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
|
s/ D.J. Kozak |
s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 3 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
This will confirm our understanding with regard to Section 6 of the agreement and amending paragraph (a) thereof to provide that Engineers working between Vancouver and Pasco and visa versa will be paid 224 miles at appropriate basic day and overmile rates; Engineers working between any other location in the consolidated Portland-Vancouver BN terminal and Pasco and visa versa will be paid 234 miles at appropriate basic day and overmile rates.
Paragraph (b) is amended to read:
All miles run in excess of the miles encompassed in the basic day shall be paid for at a rate calculated by dividing the basic daily rate of pay in effect on May 31, 1986 by the number of miles encompassed in the basic day as of that date. Weight on drivers additives will apply to mileage rates calculated in accordance with this provision.
Pursuant to Article V of the Award of Arbitration Board No. 458, Paragraph (c) would no longer have application.
With regard to Paragraph (d), it was further understood that payments for deadheading will be in accordance with the provisions of Article VI of the Award of Arbitration Board No. 458.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
LETTER NO. 4 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions it was understood that there would be one designated place where Engineers would go on and off duty at Portland-Vancouver and at Pasco.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 5 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
In recognition of the fact that Engineers assigned to this service may continue to reside at Wishram while working in service, excluding extra board, headquartered at Portland-Vancouver, it is agreed:
For a period not to exceed six (6) months from the date on which the service established by this agreement is implemented, Engineers who were headquartered at Wishram as of October 5, 1993, who have not changed their residence from Wishram, and who are regularly assigned in service headquartered at Portland-Vancouver will be given, as nearly as practicable, a three (3) hour “on-duty” call for duty for service at Portland-Vancouver. Once having received the call as provided herein, an Engineer will be considered to be on duty and under pay at the time for which ordered to report unless the engineer is notified before leaving the place where call was received that the call has been broken or changed to a later time.
It was further understood that for the same six (6) month period, engineers who were headquartered at Wishram as of October 5, 1993, who own a residence thereat and who are assigned to the extra list at Portland-Vancouver would be allowed to avail themselves to company provided lodging at Portland-Vancouver. Such extra board engineers are not entitled to the three (3) hour “on-duty” call. The parties agree to meet prior to the expiration of the six (6) month period to determine if it is necessary to continue the provisions of this side letter.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 6 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
Section 7 of the agreement is amended in its entirety to read as follows:
Except as otherwise provided extra engineers will fill vacancies on these long pools. Engineers assigned to the long pool turns will lay off and report at the home terminal (Portland-Vancouver), except in cases of sickness or other personal emergency. If an engineer in this pool lays off account sickness or other personal emergency at the away-from-home terminal, the vacancy will be filled in the following manner:
(1) Use the engineer standing next out at the away from home terminal in this pool. Whenever an engineer is shoved up in accordance with this paragraph an extra list engineer from the extra board at Portland-Vancouver is to be called and deadheaded to the opposite terminal to fill the vacancy created by the engineer(s) shoved up.
(2) If the extra board is exhausted use the senior demoted engineer at Portland-Vancouver.
(3) If none, use the senior rested demoted engineer available at the vacancy point who is assigned on another turn in the same pool.
NOTE: When engineers are moved up within the pool to fill vacancies as set forth above, it is understood that said engineer(s) will not carry more than one (1) turn with them, i.e., no “paper deadheading”. It is further understood that engineers moved up will be restored to their proper position (as formerly held) upon arrival at the home terminal and will be paid the earnings of the trip or the amount s/he would have earned had s/he remained on their own turn, whichever is greater.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 7 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions it was understood that all payments for penalties in this agreement providing for 100 miles will, in recognition of the provisions of Article IV, Section 2 Award 458 and PL 102-29, respectively, be at the appropriate basic daily mileage in effect on the date of the occurrence giving rise to a particular claim.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 8 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions it was understood that the “$3.85” as referred to in Section 9(b) will be changed to $5.00.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 9 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions with regard to Section 12 of the agreement it was understood that engineers who are required to deadhead by freight train from the away from home terminal would have the opportunity to take rest (8 hours) prior to commencing the deadhead.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 10 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
(a) In recognition of the reduced earnings resultant from the current rules governing deadheading as contained in Article VI of Arbitration Award No. 458, this provision recognizes and conveys the right to enter into an agreement between the BLE Local Chairman and the designated Carrier officer, on behalf of engineers working in the pool established by the above captioned agreement, to provide that when an engineer has deadheaded a specified number of times, said engineer may, upon request, be allowed to move ahead in the pool. An agreement covering this subject matter shall specify the number of deadheads which must be accumulated to become eligible for recovery and the number of positions an engineer may be moved up or agreed upon placement in the pool to effect recovery. No additional cost shall accrue to the Carrier as a result of this provision.
(b) In the event the Local Chairman and the local Carrier officer are unable to consummate a mutually acceptable agreement to implement specific provisions relative to paragraph (a) above, avoidance of multiple deadheads by the same engineer in a given pay period will be in accordance with the provisions in the paragraph which follows.
An engineer which has already performed a terminal to terminal deadhead during the current payroll period will not be called for a subsequent deadhead during the same payroll period if there is another engineer with the same home terminal available which has not performed a terminal to terminal deadhead during the current payroll period. The involved engineers will be restored to their relative position(s) upon arrival at their home terminal. It is understood that there will be no runarounds generated as a result of this handling and this agreement does not guarantee that any given engineer will not be required to perform more than one terminal to terminal deadhead during any single payroll period. It is also understood that the Organization may notify the Carrier in writing that the procedures established under this paragraph are canceled, in which case engineers will be called and run in conformity with the first in-first out rotation without regard to the number of deadhead trips performed.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 11 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions in regard to Section 5(c) of the above captioned agreement it is understood that engineers in this pool who are bypassed at the terminal or enroute by following engineers will be restored to their proper standing upon tie up at the objective terminal. In the event the engineer who was bypassed is not rested for the succeeding call, restoration will be accomplished at the opposite terminal. In the event an engineer is unable to be restored at one terminal or the other, due to not being rested, restoration will be considered to have occurred for that runaround and the engineers involved will establish a new position in the pool.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 12 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussion regarding Section 3 of the above captioned agreement is was understood that the matter of assigned trains would be best handled locally between the Local Chairman and the local Carrier officer and it was therefore our mutual intention to leave disposition of this matter to them. In the event, however, the Local Chairman and the designated Carrier officer are unable to reach agreement, the General Chairman and Labor Relations will meet to discuss and resolve the matter of assignments.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 13 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions it was understood that engineers in this service will be allowed fifteen dollars ($15.00) in lieu of lodging at the away-from-home terminal. When such allowance is claimed the engineer will not be entitled to Carrier provided lodging.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |
SIDE LETTER NO. 14 June 22, 1994 File: BN 6/13/85 OPS 16-85
Mr. D.L. McPherson
General Chairman
Union Depot Place, Suite 3
214 E. 4th Street
St. Paul, MN 55101
Dear Mr. McPherson:
This refers to our discussions of this date concerning the above captioned agreement and related Interseniority District freight service between Portland-Vancouver and Pasco.
During our discussions it was understood that engineers in this service will be permitted to advance or delay start of their vacation to the day before or following, respectively, service on an intraseniority trip, upon notification to the proper officer at the home terminal.
If this accurately reflects our understanding, please indicate your concurrence by signing in the space provided below.
Sincerely, I Concur:
| s/ D.J. Kozak | s/ D.L. McPherson |
| AVP-Labor Relations | General Chairman |