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Contact Larry Law
E-mail ERanger@aol.com
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Agreements listed below
Pool Trade Agreement
Reserve Board
Peer Trainer
Ebb and Flow
Pilot and how paid
Claims listed below - Remember no FRA no merit
to the claim
Held off hours of service
Waiting for lodging
Spotting the Oil Cans
Pool Trade Agreement
2. (h). (1997 Modification Agreement Article V Item E) Assigned pool freight engineers will be allowed to trade pool turn positions with
other engineers in the same pool subject to the following conditions:
1. The BLE Local Chairman or their designated representative shall submit the request to Carrier's CMS on behalf of the
engineers wishing to exchange pool turns.
2. Both engineers shall be at their home terminal when the request is made in order to avoid any disruptions to the operation
of the pool. However, an exchange may be made where one engineer is on vacation provided the vacation turn is vacant or
concurrence is reached with the engineer temporarily assigned.
3. A trade may be made at any time up to call time provided the engineer who must accept the call is rested and available.
A engineer may initiate only two trades per year.
4. No time claims involving runarounds or other penalties arising out of the trading/exchanging of turns under these provisions
shall be progressed by or in behalf of any employee.
5. It is the intent of the parties that engineers will limit the use of these provisions to those situations in which they would
otherwise have no choice and would be required to miss their turn.
ARTICLE 16
RATES OF PAY FOR LIGHT ENGINES AND PILOTS, INSTRUCTOR ENGINEERS,
SECTION 1. When engines are run over the road light, engineers will be paid full freight rates, including allowed mileage as shown in Article 4, except when doubleheading passenger trains out of division terminal to an intermediate point, and continue trip with light engine to next division terminal, will be paid passenger rates for the entire trip, according to weight of engine used, and overtime as provided in Section 1, Article 14.
SECTION 2. Engineers acting as pilots will be compensated per weight of locomotive and service, the same as if handling the engine on which pilot service is performed.
SYSTEM AGREEMENT - INSTRUCTOR ENGINEERS
(1996 System Agreement Attachment (c))
SECTION 3. The Carrier may utilize locomotive engineers to provide on-the-job training to student engineers. Such training will be delivered by locomotive engineers designated as “Instructor Engineers” during their working trips, subject to the following:
Instructor Selection/Retention
1. The Carrier will determine the number of Instructor Engineers needed in a particular territory.
2. The availability of that number of Instructor Engineer designations will be advertised.
3. The appropriate Carrier officer and the BLE Local Chairman will review the applications and select the successful applicants. In order to ensure that the most qualified applicants are selected1 consideration should be given to the following factors:
§ Skill as a locomotive engineer.
§ Communication skills.
§ Safety/discipline record.
§ Experience as a locomotive engineer.
§ Seniority.
As the purpose is to select the most qualified applicants, the parties must display the utmost objectivity and fairness in making their selections.
In the unlikely event that the Carrier Officer and Local Chairman are unable to agree on selection, the selection will be made by the Carrier officer.
4. The Carrier will develop and utilize a feedback mechanism which will allow student engineers to evaluate instructor Engineers. The appropriate Carrier Officer and BLE Local Chairman will periodically review the evaluations for the purpose of identifying performance deficiencies.
5. Where appropriate, the Carrier officer should consult with the Instructor Engineer and the BLE Local Chairman in an attempt to correct any performance deficiencies prior to removal. The Carrier may remove a particular locomotive engineer from the list of designated Instructor Engineers.
6. Instructor Engineers may voluntarily relinquish their designation as such.
Training Conditions
1. Instructor Engineers will be responsible for the proper supervision of student engineers during their on-the-job training.
2. Instructor Engineers will permit student engineers to operate the locomotive and perform other functions of an engineer.
3. (a). The Instructor Engineer will not be held responsible for broken knuckles, damaged drawbars or rough handling or missed platforms when the locomotive is operated by the student engineer.
(b). Instructor Engineers will not be held responsible for rule violation(s) committed by the student engineer so long as the Instructor took every reasonable precaution to prevent the rule violation(s) and alleged negligence on the part of the Instructor Engineer neither caused nor directly contributed to the rule violation(s).
4. The Instructor Engineer will complete any required report regarding the performance of the student engineer.
Compensation
1. Instructor Engineers will receive one of the following allowances, in addition to all other earnings, for each tour of duty with a student engineer or with an engineer taking a recertification trip required by the FRA to maintain his or her locomotive engineer's license:
Yard Service: $14.00
Road Service (including local and road switcher): $28.00
Note: The foregoing allowances are “frozen” (i.e. not subject to future wage increases).
2. The presence of a student engineer will not affect the Instructor Engineer's rate of pay when operating without a fireman.
Special Qualifications
1. The Carrier may establish special qualifications for Instructor Engineers such as additional training courses designed to enhance their abilities as locomotive engineer and/or instructor.
2. Locomotive engineers will be given a reasonable time following selection as an Instructor Engineer to complete any such special qualifications.
Q-1: If the need arises for a student engineer or an engineer recertifying to ride and an instructor is not available may another engineer be used?
A-1: Yes.
Q-2: What will the non-instructor engineer be paid?
A-2: The same as an instructor engineer under the compensation provisions of this agreement.
Side Letter #1
INSTRUCTOR ENGINEERS
The parties recognize that it is the intent of this agreement to provide sufficient engineer instructors to meet the needs of the service. This benefits currently working engineers because it assists in providing additional manpower to meet the needs of new business and the normal attrition of current engineers. The interruption of training due to an insufficient number of trainer applicants or the voluntary relinquishment of trainer positions could adversely affect the training of student engineers and result in current engineers working additional assignments.
Therefore, if a sufficient number of applicants are not received in a given area or voluntary relinquishment of trainer assignments causes an insufficient number of trainers to meet the needs of the service, then the Carrier may revert to the former method of assigning students to engineers in that area and the pay provisions that existed previously shall also apply.
SYSTEM AGREEMENT - PEER TRAINING
(1996 System Agreement Attachment (d))
SECTION 4 The parties recognize that several factors including FRA licensing, new technology, rules exams, fuel conservation, etc., have created a need for more expanded training programs. Due to the ebb and flow of training opportunities and the benefits that arise from the use of peer training, the parties agree that the Carrier may supplement its training program with peer trainers as follows:
1. The Carrier may develop a pool of peer trainers in two classifications called (1) classroom peer trainers and (2) field peer trainers. An employee may be qualified as both a classroom and field peer trainer.
2. The Carrier may post notices for a seven (7) day period advertising a specific number of classroom and/or field peer trainer positions. It is anticipated that the positions will be established at major home terminals but the parties recognize that trainers may be sent to smaller terminals to assist in training. Trainers may also travel to other major home terminals to train new trainers. The positions will be for a one-year period and then rebulletined.
NOTE 1: Peer trainers who are working as such at the end of the one year period will finish their assignment but will not begin a new peer training assignment unless selected for a new one-year period.
NOTE 2: At terminals where more than one seniority zone works, i.e. Salt Lake City, it is not necessary to have trainers from each seniority zone. A trainer may train engineers from multiple seniority zones.
NOTE 3: Engineers holding seniority at a given location will be used as trainers unless business levels are such that it would create a shortage or continue a shortage of engineers at that location. In these instances, trainers from an area of surplus may be used. in Notes 2 and 3, field rides will only be given after a peer trainer is familiar with the territory.
3. (a) The Local Chairmen will collect the applications and review them with the designated Carrier Officer. If the list of applicants is equal to or greater than twice the number of positions posted, the two parties will then eliminate one name each on an alternating basis (Local Chairmen first) until the number remaining equal the number of trainer positions posted.
(b) If the number of applicants is less than twice the number1 the Local Chairman and Carrier Officer may. accept the list as is to make their selections or they may add to the list (Carrier Officer first) until twice the number of engineers are on the list The parties will then finalize the list per (a) above.
(c) The engineers selected will be designated as Trainers subject to the terms and conditions of this agreement.
NOTE 1: The non-selection of an engineer as a trainer does not reflect on the ability of an engineer to handle a train but recognizes that trainer skills are different skills.
NOTE 2: Should the Local Chairmen not produce a list of applicants and/or proposed trainers, then the General Chairman will do so in a timely manner.
4. ( a ) Peer trainers may be used for any training needs for engineers or the public such as but not limited to:
(1) Rules exams.
(2) Check rides – pre-certification, familiarization and others.
(3) Red Block.
(4) Operation Life Saver.
(5) New equipment - including distributive power.
(6) Simulator.
(7) Pilot service - terminal and road familiarization in connection with mergers, trackage rights, new ID runs, etc.
(b) Classroom peer trainers will be primarily used in classroom settings, including rules exams, Red Block, Operation Life Saver, etc.
(c ) Field peer trainers will be primarily used in the field including check rides, hostler training, new equipment, simulators, pilot service, etc.
(d) Employees designated as both classroom and field peer trainers may be used in either capacity. The two classifications of trainers are meant as guidelines and it is recognized that work in each area will overlap and claims will not be filed because of any overlap.
5. The Carrier may require additional training for peer trainers designed to enhance their ability to perform peer training duties. When sent to another location for additional training or to train others1 they will be reimbursed for actual travel expenses as arranged by the Carrier. Employees who receive permission to drive their own automobile will be reimbursed at the then current mileage rate. Employees must turn in expense account forms showing actual travel and meal expenses and receipts where required by Carrier policy.
6. When a training need arises, the Carrier will select a peer trainer(s) from the pool of trainers and assign the trainer(s) to the assignment. If the assignment is anticipated to be 30 days or less, the vacancy, caused by the trainer leaving their regular assignment, will be treated as a temporary vacancy under existing rules. If it is anticipated that the vacancy will be for 31 days or longer, then as a permanent vacancy under existing rules.
7. Peer trainers shall be paid as follows:
(a) Trainers who work in a classroom or simulator setting shall be paid $230 per day.
(b) Trainers who work in the field (on moving locomotive units) will be paid the greater of $230 per day or one hundred fifteen (115) percent of their prior years' earnings used to determine their 1152 vacation pay. The percentage amount shall be divided by 365 and a daily rate shall be established.
(c) The rate ($230 or 115%) shall be paid for each day the trainer is withheld from their regular assignment due to their training assignment. The payment, either the percentage amount or the minimum amount shall be for all services rendered and no other payment, overtime or arbitrary of any kind shall be paid.
Example 1: The trainer, working in pool freight service, is notified to teach rules exams the following week beginning on Monday. If his/her pool turn normally would arrive back in town no later than Saturday at 11:59 pm., he/she will work the turn and begin training Monday through Friday and be paid five days at $230 per day. If his/her pool turn leaves on Friday (the last day of training) and returns on Saturday, then he/she will receive another day's pay for Saturday. if the original pool turn does not leave until the Saturday before the training begins, the trainer will be paid two additional days at $230 for the Saturday/Sunday missed days of the regular turn.
Example 2: The rate using the percentage factor is $265 per day. A trainer is used to work with an engineer on distributed power between two terminals. The trainer is used on Monday to the far terminal and Tuesday back, the same days his regular assignment worked. The trainer is paid $265 per day.
(d)
Any
engineer working as a trainer will be treated as occupying the “highest rated
position available” for purposes of computing any applicable protection.
(e) It is understood that all time spent serving in any program addressed by this Agreement is considered the same as marked up and available for guarantee purposes. Such time will also be considered as compensated service for the purpose of calculating vacation qualification and vacation earnings.
5. (a) A training allowance will be paid to engineers on whose crew a new hire trainman (who has not yet established a seniority date as a trainman/ switchman) has been placed for student/training trips.
5. (b) In the event such new hire is placed on a train crew consisting of conductor/foreman-only, the engineer on that crew shall receive $20.00 per trip or tour of duty in addition to all other earnings each date training is performed. If the train crew consists of more than a conductor/foreman, the engineer will receive an allowance of $10.00.
5. (c) Engineers paid this allowance may be required to provide the conductor with a verbal evaluation of the new hire trainman for incorporation into the conductor's written report.
SECTION 6 (1994 Me Too Agreement Article 10) In the event an engineer called for hostling service works on the same crew with a hostler who receives the $11.00 differential or any higher subsequent amount granted pursuant to letter dated December 14, 1993, Co. file E&F 188-140, the engineer will also receive the $11.00 (or higher) differential. The $11.00 (or higher) differential will be applied toward the engineer's earnings for purposes of calculating guarantee payments and "make whole" payments, if applicable.
Claim example for spotting the oil cans
Claim pay for flat rate rate road switcher account while on the RE09 pool turn cm22 I was called out of
the hotel to d/h to CO470 to recieve owpdo14 and deliver load to the industry by Mgr wade @ JP016. OD
@12:30 arrived @ drill track @ 1345 to wait for Mgr Wade. Shoved tank cars Gatx 42663 thru Gatx 48676 into track 924
Started @ 1545 and stopped @ 1605. Shoved Gatx 28260 thru Gatx 41666 into track 925, started @ 1610 and stopped @
1625. Shoved gatx 48677 thru gatx 48626 into track 926 started @ 1630 and stopped @ 1640.
claim for being held off hours of service.
RSIA - HOURS OF
SERVICE LAW (EXTRA BOARD GUARANTEE)
(NON SERVICE CLAIM) XX - CLAIM NOT FOUND)
CLAIMING THE GUARANTEE TO WHICH ENTITLED ACCOUNT WAS HELD OFF IN “FR” STATUS
THRU NO FAULT OF MY OWN ON 00/00/00 THRU AND INCLUDING 00/0/00 AND MY EXTRA
BOARD GUARANTEE WAS PENALIZED AND/OR FORFEITED IN THE AMOUNT T OF APPROXIMATELY
$0000.00 FOR THE PERIOD OF 00/00/00 THRU 00/00/00, IN VIOLATION OF ARTICLE 12,
SECTION 5, OF THE SOUTHERN PACIFIC (WESTERN LINES) ENGINEERS AGREEMENT.
RSIA - HOURS OF SERVICE LAW (NEW YORK DOCK - TPA)
(NON SERVICE CLAIM) XX - CLAIM NOT FOUND)
CLAIMING THE NEW YOUR DOCK - TPA, TO WHICH ENTITLED ACCOUNT WAS HELD OFF IN “FR”
STATUS THRU NO FAULT OF MY OWN ON 00/00/00 THRU AND INCLUDING 00/0/00 AND MY NEW
YORK DOCK - TPA WAS PENALIZED AND/OR FORFEITED IN THE AMOUNT T OF APPROXIMATELY
$0000.00 FOR THE PERIOD OF 00/00/00 THRU 00/00/00, IN VIOLATION OF ARTICLE 12,
SECTION 5, OF THE SOUTHERN PACIFIC (WESTERN LINES) ENGINEERS AGREEMENT.
RSIA - HOURS OF SERVICE LAW (YARD ENGINEERS)
(NON SERVICE CLAIM) XX - CLAIM NOT FOUND)
CLAIMING THE EARNINGS TO WHICH ENTITLED ACCOUNT WAS HELD OFF IN “FR” STATUS THRU
NO FAULT OF MY OWN ON 00/00/00 THRU AND INCLUDING 00/0/00 AND WAS NOT ALLOWED TO
WORK MY REST DAYS AND/OR MY REGULAR JOB RESULTING IN LOSS OF EARNINGS ON
00/00/00 IN THE AMOUNT T OF APPROXIMATELY $0000.00 FOR THE PERIOD OF 00/00/00
THRU 00/00/00, IN VIOLATION OF ARTICLE 12, SECTION 5, OF THE SOUTHERN PACIFIC
(WESTERN LINES) ENGINEERS AGREEMENT.
Claim: Waiting for lodging
Engineer Reserve Boards (Western Lines) agreement
(1991 Local Agreement, Former Southern Pacific Western Lines, Article 3)
SECTION 11. (a) (1) The Company will establish reserve boards for engineers on
11. (a) (2) Reserve boards will be established at the following extra board locations: Portland; Eugene; Albany; Klamath Falls; Roseburg; Dunsmuir; Roseville; Sparks; Ogden; Oakland; San Francisco; San Jose; Salinas; Watsonville; San Luis Obispo; Tracy; Fresno; Bakersfield; Los Angeles; Colton; Yuma; Phoenix; Tucson; El Paso and Tucumcari. These boards will be established although the needs of service at a source of supply may preclude engineers from being assigned.
11. (a) (3) Applications will be accepted based upon the needs of service at each extra board location.
11. (a) (4) If any of the extra board locations listed in (b) above are eliminated as an extra board location for any reason, the reserve board positions at the eliminated extra board location will be relocated to the new extra board location. Reserve board positions shall be awarded based on the applicants' relative seniority at the source of supply.
11. (b) (1) Engineers on reserve boards will receive $1,750.00 per semi‑monthly pay period. Periods of less than a month will be prorated at the rate of $116.67 for each calendar day in reserve status.
11. (b) (2) No other compensation will be paid to or on behalf of an engineer in reserve status, except for payment of premiums under applicable health and welfare plans (including Side Letter 4 of agreement dated June 28, 1991 and/or compensation payable to them under Article 7 of agreement dated June 28, 1991. Deductions from reserve pay will be made for income, employment or payroll taxes (including Railroad Retirement Taxes), pursuant to federal, state and local law, deductions of dues pursuant to an applicable union shop agreement, and any other deductions authorized by agreement or legally required deductions.
11. (b) (3) Reserve pay will be subject to any future wage and/or cost‑of‑living adjustments provided for in agreements reached between the parties, either locally or nationally, except that only 70% of any such adjustment will apply to reserve pay.
11. (b) (4) Other non‑railroad employment while in reserve status is permissible so long as there is no conflict of interest. There shall be no offset for outside earnings.
11. (b) (5) Any monies received from settlements of disputed grievances or back pay/lump sum allowances resulting from concerted wage and rule movements do not offset reserve board payments, nor shall any reserve board payments be used in determining any amount due as a result of settlement of concerted wage and rule movements.
11. (c) (1) An engineer assigned to reserve status must remain thereon for at least three months, or until:
(i) discharged from employment by the Company in accordance with applicable discipline rules;
(ii) resigns from the Company's employment;
(iii) recalled to active service;
(iv) retires on a disability annuity.
11. (c) (2) Commencing three months after the date of the initial reserve board assignments and each three months thereafter, if reserve board positions are available they will be advertised for seniority choice at each extra board location.
Q AND A
(Side Letter No. 1)
Q. May an engineer bid to a reserve board at another location from his source of supply?
A. No. In order to be eligible for assignment to a reserve board, an engineer must be identified with an assignment (regular or extra) at the reserve board location or within the area protected by the extra board at the reserve board location prior to the time bulletin is issued advertising reserve board positions.
11. (c) (3) The BLE Local Chairman shall be permitted first right to a position on a reserve board established hereunder, subject to written approval of the appropriate BLE Division President.
11. (c) (4) Runs held by engineers taking reserve status will be bulletined as provided for in Section 10(a) of Article 32.
11. (d) (1) An engineer in reserve status must be available for return to service upon 30 days' written notice by Certified Mail, with restricted delivery to addressee only and a copy to the Local Chairman. Reserve pay will continue for only seven (7) days after postmark and the employee must return to service within thirty (30) days of attempted delivery. Failure to comply with any of these requirements will result in forfeiture of all seniority rights subject to the provisions of Article 32, Section 21 of the engineers' agreement, or appropriate EP&SW Discipline Rule, including the Pacific Electric Discipline Rule.
11. (d) (2) The recall of an engineer from reserve status will be in reverse order of seniority and based solely on the need for service at the extra board location from which he accepted reserve status. Upon recall, such engineer will be allowed a full right of displacement. Once an engineer has reported for service, that engineer's use will be governed by the collective bargaining agreement.
11. (d) (3) An engineer in reserve status must maintain his work proficiencies, including successfully completing any retraining or refresher programs the Company may require and passing any tests or examinations (includeing physical examinations) administered for purposes of determining whether such proficiencies have been maintained. Such tests and examinations will be consistent in context with those administered to active employees. The Company will give a reserve engineer 30 days' advance written notice by Certified Mail, Return Receipt Requested, of refresher programs, rules classes, or examinations the engineer is required to attend to maintain such work proficiencies. Unless so stated, such notice should not be construed to be a return to duty notice.
11. (d) (4) Reserve engineers shall be considered in active service.
11. (e) Vacation pay received while on a reserve board status will offset pay received under Section 2(a). Time spent in reserve status will not count toward determining whether the employee is eligible for vacation in succeeding years. It will count as time in determining the length of the vacation to which an employee, otherwise eligible, is entitled.
Peer trainer agreement
(1996 System Agreement Attachment (c))
SECTION 3. The Carrier may utilize locomotive engineers to provide on-the-job
training to student engineers. Such training will be delivered by locomotive
engineers designated as “Instructor Engineers” during their working trips,
subject to the following:
Instructor Selection/Retention
1. The Carrier will determine the number of Instructor Engineers needed in a
particular territory.
2. The availability of that number of Instructor Engineer designations will be
advertised.
3. The appropriate Carrier officer and the BLE Local Chairman will review the
applications and select the successful applicants. In order to ensure that the
most qualified applicants are selected1 consideration should be given to the
following factors:
§ Skill as a locomotive engineer.
§ Communication skills.
§ Safety/discipline record.
§ Experience as a locomotive engineer.
§ Seniority.
As the purpose is to select the most qualified applicants, the parties must
display the utmost objectivity and fairness in making their selections.
In the unlikely event that the Carrier Officer and Local Chairman are unable to
agree on selection, the selection will be made by the Carrier officer.
4. The Carrier will develop and utilize a feedback mechanism which will allow
student engineers to evaluate instructor Engineers. The appropriate Carrier
Officer and BLE Local Chairman will periodically review the evaluations for the
purpose of identifying performance deficiencies.
5. Where appropriate, the Carrier officer should consult with the Instructor
Engineer and the BLE Local Chairman in an attempt to correct any performance
deficiencies prior to removal. The Carrier may remove a particular locomotive
engineer from the list of designated Instructor Engineers.
6. Instructor Engineers may voluntarily relinquish their designation as such.
Training Conditions
1. Instructor Engineers will be responsible for the proper supervision of
student engineers during their on-the-job training.
2. Instructor Engineers will permit student engineers to operate the locomotive
and perform other functions of an engineer.
3. (a). The Instructor Engineer will not be held responsible for broken
knuckles, damaged drawbars or rough handling or missed platforms when the
locomotive is operated by the student engineer.
(b). Instructor Engineers will not be held responsible for rule violation(s)
committed by the student engineer so long as the Instructor took every
reasonable precaution to prevent the rule violation(s) and alleged negligence on
the part of the Instructor Engineer neither caused nor directly contributed to
the rule violation(s).
4. The Instructor Engineer will complete any required report regarding the
performance of the student engineer.
Compensation
1. Instructor Engineers will receive one of the following allowances, in
addition to all other earnings, for each tour of duty with a student engineer or
with an engineer taking a recertification trip required by the FRA to maintain
his or her locomotive engineer's license:
Yard Service: $14.00
Road Service (including local and road switcher): $28.00
Note: The foregoing allowances are “frozen” (i.e. not subject to future wage
increases).
2. The presence of a student engineer will not affect the Instructor Engineer's
rate of pay when operating without a fireman.
Special Qualifications
1. The Carrier may establish special qualifications for Instructor Engineers
such as additional training courses designed to enhance their abilities as
locomotive engineer and/or instructor.
2. Locomotive engineers will be given a reasonable time following selection as
an Instructor Engineer to complete any such special qualifications.
Q-1: If the need arises for a student engineer or an engineer recertifying to
ride and an instructor is not available may another engineer be used?
A-1: Yes.
Q-2: What will the non-instructor engineer be paid?
A-2: The same as an instructor engineer under the compensation provisions of
this agreement.
Side Letter #1
INSTRUCTOR ENGINEERS
The parties recognize that it is the intent of this agreement to provide
sufficient engineer instructors to meet the needs of the service. This benefits
currently working engineers because it assists in providing additional manpower
to meet the needs of new business and the normal attrition of current engineers.
The interruption of training due to an insufficient number of trainer applicants
or the voluntary relinquishment of trainer positions could adversely affect the
training of student engineers and result in current engineers working additional
assignments.
Therefore, if a sufficient number of applicants are not received in a given area
or voluntary relinquishment of trainer assignments causes an insufficient number
of trainers to meet the needs of the service, then the Carrier may revert to the
former method of assigning students to engineers in that area and the pay
provisions that existed previously shall also apply.
SYSTEM AGREEMENT - PEER TRAINING
(1996 System Agreement Attachment (d))
SECTION 4 The parties recognize that several factors including FRA licensing,
new technology, rules exams, fuel conservation, etc., have created a need for
more expanded training programs. Due to the ebb and flow of training
opportunities and the benefits that arise from the use of peer training, the
parties agree that the Carrier may supplement its training program with peer
trainers as follows:
1. The Carrier may develop a pool of peer trainers in two classifications called
(1) classroom peer trainers and (2) field peer trainers. An employee may be
qualified as both a classroom and field peer trainer.
2. The Carrier may post notices for a seven (7) day period advertising a
specific number of classroom and/or field peer trainer positions. It is
anticipated that the positions will be established at major home terminals but
the parties recognize that trainers may be sent to smaller terminals to assist
in training. Trainers may also travel to other major home terminals to train new
trainers. The positions will be for a one-year period and then rebulletined.
NOTE 1: Peer trainers who are working as such at the end of the one year period
will finish their assignment but will not begin a new peer training assignment
unless selected for a new one-year period.
NOTE 2: At terminals where more than one seniority zone works, i.e. Salt Lake
City, it is not necessary to have trainers from each seniority zone. A trainer
may train engineers from multiple seniority zones.
NOTE 3: Engineers holding seniority at a given location will be used as trainers
unless business levels are such that it would create a shortage or continue a
shortage of engineers at that location. In these instances, trainers from an
area of surplus may be used. in Notes 2 and 3, field rides will only be given
after a peer trainer is familiar with the territory.
3. (a) The Local Chairmen will collect the applications and review them with the
designated Carrier Officer. If the list of applicants is equal to or greater
than twice the number of positions posted, the two parties will then eliminate
one name each on an alternating basis (Local Chairmen first) until the number
remaining equal the number of trainer positions posted.
(b) If the number of applicants is less than twice the number1 the Local
Chairman and Carrier Officer may. accept the list as is to make their selections
or they may add to the list (Carrier Officer first) until twice the number of
engineers are on the list The parties will then finalize the list per (a) above.
(c) The engineers selected will be designated as Trainers subject to the terms
and conditions of this agreement.
NOTE 1: The non-selection of an engineer as a trainer does not reflect on the
ability of an engineer to handle a train but recognizes that trainer skills are
different skills.
NOTE 2: Should the Local Chairmen not produce a list of applicants and/or
proposed trainers, then the General Chairman will do so in a timely manner.
4. ( a ) Peer trainers may be used for any training needs for engineers or the
public such as but not limited to:
(1) Rules exams.
(2) Check rides – pre-certification, familiarization and others.
(3) Red Block.
(4) Operation Life Saver.
(5) New equipment - including distributive power.
(6) Simulator.
(7) Pilot service - terminal and road familiarization in connection with
mergers, trackage rights, new ID runs, etc.
(b) Classroom peer trainers will be primarily used in classroom settings,
including rules exams, Red Block, Operation Life Saver, etc.
(c ) Field peer trainers will be primarily used in the field including check
rides, hostler training, new equipment, simulators, pilot service, etc.
(d) Employees designated as both classroom and field peer trainers may be used
in either capacity. The two classifications of trainers are meant as guidelines
and it is recognized that work in each area will overlap and claims will not be
filed because of any overlap.
5. The Carrier may require additional training for peer trainers designed to
enhance their ability to perform peer training duties. When sent to another
location for additional training or to train others1 they will be reimbursed for
actual travel expenses as arranged by the Carrier. Employees who receive
permission to drive their own automobile will be reimbursed at the then current
mileage rate. Employees must turn in expense account forms showing actual travel
and meal expenses and receipts where required by Carrier policy.
6. When a training need arises, the Carrier will select a peer trainer(s) from
the pool of trainers and assign the trainer(s) to the assignment. If the
assignment is anticipated to be 30 days or less, the vacancy, caused by the
trainer leaving their regular assignment, will be treated as a temporary vacancy
under existing rules. If it is anticipated that the vacancy will be for 31 days
or longer, then as a permanent vacancy under existing rules.
7. Peer trainers shall be paid as follows:
(a) Trainers who work in a classroom or simulator setting shall be paid $230 per
day.
(b) Trainers who work in the field (on moving locomotive units) will be paid the
greater of $230 per day or one hundred fifteen (115) percent of their prior
years' earnings used to determine their 1152 vacation pay. The percentage amount
shall be divided by 365 and a daily rate shall be established.
(c) The rate ($230 or 115%) shall be paid for each day the trainer is withheld
from their regular assignment due to their training assignment. The payment,
either the percentage amount or the minimum amount shall be for all services
rendered and no other payment, overtime or arbitrary of any kind shall be paid.
Example 1: The trainer, working in pool freight service, is notified to teach
rules exams the following week beginning on Monday. If his/her pool turn
normally would arrive back in town no later than Saturday at 11:59 pm., he/she
will work the turn and begin training Monday through Friday and be paid five
days at $230 per day. If his/her pool turn leaves on Friday (the last day of
training) and returns on Saturday, then he/she will receive another day's pay
for Saturday. if the original pool turn does not leave until the Saturday before
the training begins, the trainer will be paid two additional days at $230 for
the Saturday/Sunday missed days of the regular turn.
Example 2: The rate using the percentage factor is $265 per day. A trainer is
used to work with an engineer on distributed power between two terminals. The
trainer is used on Monday to the far terminal and Tuesday back, the same days
his regular assignment worked. The trainer is paid $265 per day.
(d) Any engineer working as a trainer will be treated as occupying the “highest
rated position available” for purposes of computing any applicable protection.
(e) It is understood that all time spent serving in any program addressed by
this Agreement is considered the same as marked up and available for guarantee
purposes. Such time will also be considered as compensated service for the
purpose of calculating vacation qualification and vacation earnings.
SECTION 5 (1994 Me Too Agreement Article 3)
5. (a) A training allowance will be paid to engineers on whose crew a new hire
trainman (who has not yet established a seniority date as a trainman/ switchman)
has been placed for student/training trips.
5. (b) In the event such new hire is placed on a train crew consisting of
conductor/foreman-only, the engineer on that crew shall receive $20.00 per trip
or tour of duty in addition to all other earnings each date training is
performed. If the train crew consists of more than a conductor/foreman, the
engineer will receive an allowance of $10.00.
5. (c) Engineers paid this allowance may be required to provide the conductor
with a verbal evaluation of the new hire trainman for incorporation into the
conductor's written report.
Ebb and Flow Agreement
Agreement passed at the December meeting
Family Medical Leave:
Each year you need a new form.
Links to down load forms below.
Any problems with FMLA is between you and the carrier. The links below contain phone numbers where your questions can be answered.
Important
Both forms are needed. The Doctor and Employee must complete the forms completely. If something does not apply the Doctor must fill in N/A.
FMLA Forms Index
https://employees.www.uprr.com/emp/ec/attachments/fmla_16874.pdf
https://employees.www.uprr.com/emp/ec/attachments/fmla_16873.pdf
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