TOPICS RELEVANT TO NEW HIRES

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AGREEMENT INTERPRETATIONS for NEW HIRE CONDUCTORS, SWITCHMAN, and BRAKEMAN 

If you were hired after the Crew Consist agreement of 1984, or after the October 31, 1985 National Agreement, or in some respects after the 1991 Presidential Emergency Board #219, you are called, for lack of a better term, a "NEW HIRE."

There are numerous benefits in the UTU Agreement for New Hires.  I have had the opportunity to talk to several New Hires, and in these discussions I have found that the majority of the New Hires, especially those who go to the BLE, are losing a lot of money because they are not informed of what their working agreement entitles them to. You may have lower dues or Job Benefit with BLE, but what has the loss in time claims cost you?

For example, this office received a call from a New Hire. He was working a yard job that had taken cars outside the yard limits and storing them in a siding.  He asked the Engineer what he should claim and was told that the Engineer got one hour pro-rata and that the new hire got nothing.  The new hire had done this eight times and had not filed a time claim.  He called the UTU General Chairman's office and talked to Assistant General Chairman Paul Emert.  Paul has been a Brakeman, Conductor, Hostler, Fireman and Engineer and was knowledgeable about each Agreement.  The UTU represents all crafts and although we do not hold the agreement for Engineers, we have enforced the Engineers' Agreement for years. The New Hire was told that the claim was for an 8-hour penalty day and why.  We assisted him in putting the claim in and getting it paid.  He was paid over $800.00. His dues for the year were approximately $618.00.  He was able to pay his dues for the year and make over $200.00 above the cost of his dues.  Had he listened to the Engineer, he would have received nothing. Although dues for a Conductor in the BLE for that year were approximately $480.00, he would have lost the time claim because he simply didn't know he had a claim.  The Engineer did not know what to tell him, as that organization has never enforced any agreement except the Engineers'. As a New Hire, you may be saving $138.00 or so a year on dues, but you could be losing a lot more in claims.

The UTU holds the agreements for the Conductors/Yard Foremen, Brakeman/Switchman/Yard Helper, Fireman, Locomotive Engineer Trainees, Hostlers, Hostler Helpers and Yardmasters and Car Retarder Operators and some Engineers.  We interpret and enforce the agreements, and we make sure you are correctly compensated for a number of entitlements including:

basic day, over miles, overtime, detention time, pro-rata, paid holidays, personal days, vacation days, bereavement leave, jury duty pay, medical insurance, dental insurance, eye care insurance, mental health insurance, penalty payments, run around payments, UA payments. We also enforce calling times, first-in first-out, overtime on the second shift if 22½ hours in the yard, extra mileage, short trips or turnaround service, pusher service, two classes of service, relief service, and the understanding we have on the New Hires guarantee to work.

If a New Hire is not a member of the UTU, not only could he be misinformed of the above entitlements and how they affect his craft, he has no voice in changing the Agreement.  Most New Hires do not attend Union meetings and therefore we are unaware of what parts of the Agreement they would like  to have changed.

Agreements are changed every four years. The membership makes recommendations for changes in the articles to the General Chairman's office through their respective Local Chairpersons. These recommendations are then sent to the International Headquarters to be placed in the Section 6 notices. Section 6 refers to the section of the Railway Labor Act which allows the Carriers and the Unions to serve notice on each other every four years indicating their desired changes to the Agreement. The International then hires lawyers/economists to assist with the negotiations. A team of negotiators is also appointed consisting of Vice Presidents and General Chairmen. The Law Department and labor studies groups do extensive research, which is all paid for by the dues you pay. Because the UTU always takes the lead in contract negotiations, we do all the work for the BLE as well. We negotiate an agreement first, then the BLE jumps on the bandwagon. The only exception is the 1996 Agreement when the BLE chose bonuses instead of pay raises and they are doing it again in 2000.

If a New Hire belongs to the BLE, their dues are used for whatever purpose the BLE deems necessary for the benefit of the engineers' positions, not the New Hires' positions. If a change is to come in the agreement to benefit New Hires in any craft, it will come through the efforts of the UTU and that is where your dues dollars will benefit you the most. The classic example of UTU negotiations verses BLE negotiations can be found on this web site on the Rates of Pay page. You will find that a second six-month LET and a conductor make more money on a basic day than an engineer working with a fireman. In this case, the trainee makes more than the trainer on a Basic Day, and the amount of the Basic Day is what determines the amount of your future pay raises. For example:12% of $131.94 is $15.83, which would change the Basic Day for firemen to $147.77 and 12% of $130.30 is $15.63, which would change the basic day for engineers working with firemen to $145.93.

Following are some examples of penalty time claims:

Not Called in Order: This constitutes a 4- or 8- hour pro-rata payment for extra board employees and difference in pay for regular assigned employees. If an employee is first out on the conductors' extra board, and a regular assigned Conductor is stepped up in his pool to a vacant job, and the first out extra employee was not called, the extra employee is entitled to 4 hours pay and an additional 4 hours pay and if they are not called within 8 hours from the time of the incident.  If Hours of Service Law crews are normally relieved by the extra board and a pool job or a road switcher or local is used, the first out employee gets 4 hours, or 8 hours if not called within 8 hours of the incident.

Improper Interchange: Such as using the wrong track, or switching while on the foreign line, constitutes a day's pay for everyone.

Non-compliance with agreements: Such as exceeding the mileage on short trips and turn around service, constitutes an additional day's pay.

Through-freight trains being used in pusher service: This constitutes additional miles for all miles run while pushing if you exceed 130 miles.

Called and not used: This constitutes 4 hours pay and person remains first out.

Job annulments: This constitute an additional day's pay.

Yard crews relieving Hours of Service Law crews outside the 25-mile limit: This constitutes a day's pay.

Yard crews performing switching outside the 20-mile limit: This constitutes a day's pay.

Operating outside of seniority district of job assignment limits: This constitutes a day's pay.

Improper road and yard movements while yard jobs are on duty: This constitutes 4 hours for conductor and 8 hours for the brakeman, but if Yard jobs are not on duty constitutes a minimum of 1 hour pro-rata or time consumed if it exceeds 1 hour.

Violation of seniority rules by not allowing a job to be claimed when said job is claimable: This constitutes a difference in pay claim.

As you can see, there are many types of claims you may be missing simply because you are waiting on advice from your BLE local chairperson, who wants nothing but your money and offers you nothing in return. Your dues may be 20% less with BLE, but you losses are 100% greater.

Rate Progression: If the entry rate agreement is changed it can only be changed by the UTU for all crafts except the Engineer. When we get it changed it will be changed for the Engineers also. In some cases this will be a 20% pay increase for the New Hires which could amount to an additional $22,000.00 in your pocket. This one improvement in the agreement would give you more than your dues would cost you your entire career on the railroad, you could say your UTU membership would be free, but some of the New Hires Dues dollar is being used to support what ever the BLE supports.

SUMMARY OF NATIONAL AGREEMENT PROVISIONS APPLICABLE TO NEW HIRES

Over the past several years, there has been an increasing number of questions with regard to benefits and compensation items to which newly hired employees are eligible.

The following is designed to illustrate the applicable provisions of national agreements which affect benefits and rates of pay for employees establishing seniority with a railroad on or after the effective date of the applicable agreement provision.

In addition to the provisions of national agreements, newly hired employees may also be affected by provisions of crew consist agreements and schedule agreement rules regarding seniority. The UTU International does not have authority to interpret provisions of those agreements and questions regarding, but not limited to, "protected" versus "non-protected" employees and "prior right" versus "non-prior right" status must be referred to the general committee of adjustment for reply.

NATIONAL AGREEMENT PROVISIONS

I.     1978 National Agreement

Article VIII – Application for Employment

Section 1 – Probationary Period

Applications for employment will be rejected within sixty (60) calendar days after seniority date is established or applicant shall be considered accepted. Applications rejected by the carrier must be declined in writing to the applicant.

Section 2 – Omission or Falsification of Information

An employee who has been accepted for employment in accordance with Section 1 will not be terminated or disciplined by the carrier for furnishing incorrect information in connection with an application for employment or for withholding information there from unless the information involved was of such a nature that the employee would not have been hired if the carrier had had timely knowledge of it."

II.    1985 National Agreement

Section 5 – Duplicate Time Payments

Duplicate time payments, including arbitraries and special allowances that are expressed in time or miles or fixed amounts of money, shall not apply to employees whose seniority in train or engine service is established after the date of this agreement."

Employees hired on or after October 31, 1985, are entitled to penalty time claims.

Penalty time claims are those which are paid for Agreement violations. Examples of penalty time claims are: improper interchange, non-compliance with agreement, operating outside of seniority district or assignment, improper road-yard movements, run-around, violations of seniority, etc.

FTD and ITD have been held by PLB’s to be duplicate time payments and therefore not applicable to employees hired on or after October 31, 1985. UTU, however, has steadfastly maintained that such penalty payments are proper and payable to all employees.

Article IV, Section 5 of the October 31, 1985, National Agreement (Duplicate Time Payments) is further reaffirmed in Article IV, Section 4 of the UTU Implementing Document A effective November 1, 1991 (Duplicate Time Payments), and is almost identical in wording.

Rate Progression:

Article IV Section 6 of the October 31, 1985, National Agreement addresses pay rate progression for new hires and is reproduced below:

"Section 6 – Rate Progression – New hires

In any class of service or job classification, rates of pay, additives, and other applicable elements of compensation for an employee whose seniority in train or engine service is established after the date of this Agreement will be 75% of the rate for present employees and will increase in increments of 5 percentage points for each year of active service until the new employee’s rate is equal to that of present employees. A year of active service shall consist of a period of 365 calendar days in which the employee performs a total of 80 or more tours of duty."

The above speaks for itself and was further reaffirmed in Article IV, Section 5 of UTU Implementing Document A, effective November 1, 1991, which is almost identical in wording.

Article VIII, Section 1, 2, and 3, of the UTU Award of Arbitration Board No. 559 effective May 8, 1996, addresses rate progression adjustment for promotion and is reproduced below:

"Article VIII – Rate Progression Adjustment for Promotion

Section 1

(a)    An employee who is subject to Article IV, Section 5 of the UTU Implementing Document A of November 1, 1991 (Rate Progression – New Hires) on the effective date of this Article shall have his position on the rate progression scale adjusted to the next higher level upon promotion to conductor/foreman or engineer (on a carrier party hereto on which the UTU represents engineers). Such an employee who has already been promoted to conductor/foreman or engineer shall have his position on the rate progression scale adjusted to the next higher level on the effective date of this Article.

(b) The next adjustment to an employee’s position on the rate progression scale after the adjustment specified n subsection (1) of this Section shall be made when such employee completes on year of "active service" (as defined by the aforementioned Article IV, Section 5) measured from the date on which that employee would have attained the position on the rate progression sale provided pursuant to subsection (1) of this Section.

Section 2

Local rate progression rules applicable on a carrier that is not covered by the aforementioned Article IV, Section 5 are hereby amended in the same manner as provided in Section 1.

Section 3

This article shall become effective June 1, 1996 and is not intended to restrict any of the existing rights of a carrier except as specifically provided herein."

This Article provides for two adjustments where applicable: once when promoted from trainmen to conductor, and, a second time when promoted to engineer. While this Article provides for stepping up the employee earlier than specified in the October 31, 1985, National Agreement it does not change the place in time when the next step becomes effective. For example, an employee begins service as a trainman on January 1, 1997, at the 75% rate and would stay at that rate until January 1, 1998. If promoted to conductor on May 1, 1997, the employee will move to 80%, but will stay at the new level until January 1, 1999 (the date due to over to 85% under the October 31, 1985, Agreement). If this same employee is promoted to engineer on December 1, 1997, the employee will move to 85%, but will then stay at the new level until January 1, 2000 (the date due to move to 90% under the 1985 schedule).

Termination of Seniority

Article XII of the October 31, 1985 National Agreement addressed termination seniority and is reproduced below:

"Article XII – Termination of Seniority

The seniority of any employee whose seniority in train or engine service is established after the date of this Agreement and who is furloughed for 365 consecutive days will be terminated if such employee has less than three (3) years of seniority."

Deadheading

Article VI, Section 2 of the October 31, 1985, National Agreement addressed the payment for deadheading separate from service and is reproduced below:

"Section 2 – Payment for deadheading separate from service

When deadheading is paid for separate and apart from service:

a.    For Present Employees*

A minimum day, at the basic rate applicable to the class of service in connection with which deadheading is performed, shall be allowed for the deadheading, unless actual time consumed is greater, in which event the latter amount shall be allowed.

b.    For New Employees**

Compensation on a minute basis, at the basic rate applicable to the class of service in connection with which deadheading is performed, shall be allowed. However, if service after deadheading to other than the employee’s home terminal does not begin within 16 hours after completion of deadhead, a minimum of a basic day at such rate will be paid.

A minimum of a basic day also will be allowed where two separate deadhead trips, the second of which is out of other than the home terminal, are made with no intervening service performed. Non-service payments such as held-away-from-home terminal allowance will count toward the minimum of a basic day provided in this section 2(b).

*    Employees whose seniority date in a craft covered by this agreement precedes the date of this agreement.

**    Employees whose earliest seniority date in a craft covered by this Agreement is established after the date of this Agreement."

The following examples are reproduced from the October 31, 1985, National Agreement and illustrate the application of the rule to employees whose earliest seniority date in a craft was established after October 31, 1985.

Q.    A trainman is called to deadhead from his home terminal to an away-from-home point. He last performed service 30 hours prior to commencing the deadhead trip. The deadhead trip consumed 5 hours and was not combined with the service trip. The service trip out of the away-from-home terminal began within 6 hours from the time the deadhead trip was completed. What payment is due?

A.    5 hours at the straight time rate.

Q.    What payment would have been made to the trainman in example 1 if the service trip out of the away-from-home terminal had begun 17 hours after the time the deadhead trip ended, and the held-away rule was not applicable?

A.    A minimum day for the deadhead.

Q.    What payment would have been made to the trainman in example 1 if the service trip out of the away-from-home terminal had begun 18 hours after the time the deadhead trip ended, and the trainman received 2 hours pay under the held-away rule?

A. 6 hours at the straight time rate.

Q.    A trainman is deadheaded to the home terminal after having performed service into the away-from-home terminal. The deadhead trip, which consumed 5 hours and was not combined with the service trip, commenced 8 hours after the service trip ended. What payment is due?

A.    5 hours at the straight time rate.

Q.    What payment would have been made to the trainman in example 4 if the deadhead trip had begun 18 hours after the service trip ended and the held-away rule was not applicable?

A.    A minimum day for the deadhead.

Q.    What payment would have been made to the trainman in example 4 if the deadhead trip had begun 18 hours after the time the service trip ended and the trainman received 2 hours pay under the held-away rule?

A.    6 hours at the straight time rate.

Q.    A trainman is deadheaded from the home terminal to an away-from-home location. Ten (10) hours after completion of the trip, he is deadheaded to the home terminal without having performed service. The deadhead trips each consumed two hours. What payment is due?

A.    A minimum day for the combined deadhead trips.

Note: The amount of over-miles shown in the examples are on the basis of a 100 mile day. The number of over-miles will be reduced in accordance with the application of Article IV, Section 2 of this Agreement."

Establishing Brakeman Seniority, Retention of Seniority and Promotion

Article XIII, Sections 2, 3 and 4 of the October 31, 1985, National Agreement addressed these issues and are reproduced below:

Section 2 – Establishing Brakeman Seniority

1.    Engine service employees not possessing ground service seniority as of November 1, 1985 shall be placed on the bottom of the appropriate ground service roster upon implementation of this Section. Such employees will be allowed to relinquish their newly acquired seniority during a ninety day period following such implementation.

2.    On or after November 1, 1985, any person establishing seniority in engine service without first establishing seniority as a trainman will establish a seniority date as trainman on the date he or she establishes seniority in engine service.

3.    An employee establishing seniority as a trainman under this Section 2 shall be permitted to exercise such rights only in the event he or she is unable to hold any position or assignment in engine service as engineer, fireman on a designated position in passenger service, hostler or hostler helper, and such employee shall not, by such placement, be given any ‘present or protected employee’ rights under present crew consist agreements or any negotiated in the future.

4.    Provisions for implementing this requirement shall be agreed upon with the appropriate trainmen’s representative on each carrier party thereto within 90 days following the date of this Agreement. If the parties are unable to agree, the matter shall be arbitrated at the request of either party under the following provisions:

a.    The parties will endeavor to agree upon an arbitrator. If they fail t agree, either may request the National Mediation Board to name an arbitrator.

b.    The authority of the arbitrator will be limited to deciding the procedures that will govern the placement of engine service employees on ground service seniority rosters including the determination of which rosters are ‘appropriate.’

c.    An award will be rendered within 45 days of the date the arbitrator is named.

Section 3 – Retention of Seniority

1.    Subject to the carrier’s legal obligations, when selecting new applicants for engine service, opportunity shall first be given to employees in train and yard service on the basis of their relative seniority standing, fitness and other qualifications being equal. Transfer of engineers from one seniority district to another on the same railroad system will not be violative of this provision.

2.    Any person who is selected for engine service and does not have seniority as trainman will acquire seniority as trainman upon entering engine service, subject to paragraph (3) hereof.

3.    An employee who has established seniority as conductor (foreman), trainman (brakeman-yardman), hostler or hostler helper (but without seniority as a locomotive fireman) who is selected for engine service shall retain his seniority standing and all other rights in train and/or yard or hostling service. However, such employee shall be permitted to exercise such rights only in the event he or she is unable to hold any position or assignment in engine service as engineer, fireman on a designated position in passenger service, hostler or hostler helper.

4.    This Section 3 replaces and supersedes Article VIII of the August 25, 1978 National Agreement.

Section 4 – Promotion

The following principles will govern in the selection and promotion to engine service and conductor/foreman:

1.    Trainmen who established seniority prior to November 1, 1985 will be governed by existing rules with respect to promotion to conductor/foreman and will not be required to accept promotion to engine service.

2.    Trainmen who establish seniority on or after November 1, 1985 must accept promotion to conductor/foreman in proper turn.

3.    Trainmen who establish seniority on or after November 1, 1985 will be selected for engine service in accordance with Section 3 of this Article XIII. However, if a sufficient number of trainmen (including those promoted to conductor) do not make application for engine service to meet the carrier’s needs, such needs will be met by requiring trainmen (including promoted conductors) who establish seniority on or after November 1, 1985 to take engine service assignments or forfeit seniority in train service.

4.    If the carrier’s needs for engine service employees are not met during a period when there are not sufficient trainmen (including promoted conductors) in service with a seniority date on or after November 1, 1985 who must accept promotion to engine service or forfeit seniority in train service, the carrier may hire qualified engineers or train others for engine service.

Provisions for implementing these principles shall be agreed upon on each carrier party hereto within 90 days following the date of this Agreement. If the parties are unable to agree, the matter shall be arbitrated at the request of either party under the following provisions:

a.    The parties will endeavor to agree upon an arbitrator. If they fail to agree, either may request the National Mediation Board to name an arbitrator.

b.    The authority of the arbitrator will be limited to deciding the procedures that will govern the promotion of trainmen and the forfeiture of seniority in the event of failure to qualify for promotion.

c.    An award will be rendered within 45 days of the date the arbitrator is named."

 November 1, 1991 Implementing Document – Article V – Promotion/Retention of Seniority

"All trainmen must accept promotion to conductor/foreman when offered by the railroad. Once promoted, trainmen, including those already promoted, will not be permitted to voluntarily relinquish conductor/foreman rights.

Except as modified hereby, existing rules and practices governing promotion continue in effect."

HEALTH   BENEFITS

Medical

If you are employed by a railroad which provides employee medical benefits through a Hospital Association, you must contact the Association for information as to the eligibility and benefits. Your general chairperson can provide you with the appropriate person to contact. Dependent benefits and employee life and accidental death and dismemberment (AD&D) benefits are provided through the Railroad Employees’ National Health and Welfare Plan. Information regarding these benefits can be obtained by calling toll-free 1-800-842-5252.

For employees of Non-hospital Association railroads, employee and dependent benefits are provided by the Railroad Employees’ National Health and Welfare Plan and you can obtain information by calling the above toll-free number.

In areas where managed care (MMCP) networks exist, new employees, and their eligible dependents, are automatically enrolled in such networks and may not elect to be covered under the Comprehensive Health Care Benefit (CHCB) until the January 1 which falls on or after the first anniversary of their initial date of eligibility for Plan coverage. In areas where MMCP networks do not exist, Plan benefits are provided under CHCB.

Coverage for employee and dependent health benefits commences on the first day of the month following the month in which the employee renders compensated service on or receives vacation pay for, an aggregate of at least seven (7) calendar days. This is deemed the "qualifying month" and coverage continues in each succeeding month so long as the seven (7) day service requirement is met in the preceding month.

Any calendar day on which an employee assigned to an extra list is available for service but does not perform service shall be deemed a day of compensated service solely for the purpose of meeting the seven (7) day qualifying condition.

Descriptive booklets outlining plan benefits are available by contacting the railroad, United HealthCare, or the UTU International Headquarters.

Dental

Employee and eligible dependent dental benefits are provided under the Railroad Employees’ National Dental Plan administered by Aetna Insurance Company.

You and your dependents become eligible for benefits under the Plan on the first day of the calendar month in which you have completed one (1) year of service with the same railroad (365 continuous days during which you have maintained an employment relationship).

The same seven (7) day "qualifying month" requirement for medical benefits applies for eligibility for dental benefits.

Descriptive booklets for this Plan, GP-12000, are available from the railroad, Aetna Insurance, or the UTU International Headquarters.

The medical and dental benefits described herein are applicable only to those employees and eligible dependents employed by railroads participating in the Railroad Employees’ National Health and Welfare Plan and the Railroad Employees’ National Dental Plan.

Employees of non-participating railroads must obtain benefits and eligibility information from the railroad company or the General Chairperson.

This page last updated: 07/22/2005