Railway Labor Act- Section 6 Notices

ATTACHMENT "B"

Carrier Section 6 Proposals served on the UTU

On November 1, 1994

      Based on competitive realities in the transportation and financial marketplaces, the carriers propose that the parties agree to make all necessary changes in contracts, rules and practices to improve efficiency and productivity to the maximum degree possible, facilitate discontinuance of redundant positions and personnel, eliminate waste, reduce time paid for but not worked, contain and curtail the costs of wages and benefits, and prevent primary or secondary strikes, boycotts or other job actions; and at the same time give due consideration to the interests and concerns of employees so that a result is achieved that promotes the competitive and financial needs of the industry as well as the mutual interest of employees and employers in responsible rules, rates of pay and working conditions.

    More specific and detailed itemizations of the changes requested are below, and the carriers reserve the right to make additional proposals.

I.  Compensation Elements

    A. Wages

    Revise existing pay rules and adjust pay levels in relation to competitive labor market data to correspond to pay of comparable positions in other industries and to offset impediments to productivity under existing rules and practices insofar as there is no agreement to eliminate such impediments to productivity.

    B.  Basic Day

    Amend any existing rules specifying the minimum number of miles encompassed in the basic day to specify 160 miles, with an appropriate adjustment in the overtime divisor.

    C.  Mileage Regulating Factors

    Amend any existing rules in regard to monthly mileage limitations to provide that a carrier in its discretion may adjust such limitations as it deems appropriate.

    D.  Manning

        1.  By mutual consent, revise the rules to provide that the size and complement of all crews shall be at the carrier's discretion.

        2.  Absent the mutual consent described in Paragraph 1 to eliminate such impediments to productivity, make appropriate reductions in the rates of pay of all ground service employees (which shall remain frozen at those levels), make appropriate deductions from the pay of all ground service employees to cover a portion of the monthly costs of the Health and Welfare, Dental, and Early Retiree Major Medical Plans, and make appropriate reductions in the cost of time paid for but not worked.

II. Rules

    A. Eliminate any existing restrictions upon the use by a carrier of road and/or yard crews, including any limitations on the use of road and/or yard crews to make pickups and/or setoffs on their own property and/or on properties of foreign carriers; and provide that the carrier may in its discretion use road and/or yard crews in the manner it deems appropriate.

    B. Eliminate any existing rules restricting the establishment by a carrier of starting times of yard employees; and provide that the carrier may in its discretion establish such starting times as it deems appropriate.

     C. Eliminate any existing rules restricting a carrier's right to annul any assignment at any time.

    D. Eliminate any existing rules or practices permitting extra employees to be available only during calling cycles.

    E. Eliminate any existing rules, procedures or conditions applicable to existing or future interdivisional service (as defined in existing agreements); provide that a carrier may in its discretion institute or change such service upon such terms as it deems appropriate; and provide that if such service is discontinued application of associated protective conditions will be discontinued at the same time.

    F.  Eliminate any existing requirements restricting a carrier's right to create, combine, separate, or change extra boards at common terminals in any manner it deems appropriate and to provide that employees on such board(s) will protect service on any seniority district as specified by the carrier.

    G. Eliminate any existing requirements that provide for the adjustment (paying the difference) between actual earnings and guarantees on extra boards on other than a payroll period basis, and provide that such adjustments may be made in any manner determined by the carrier.

    H. Eliminate any existing restrictions or requirements applicable to the coupling and uncoupling appurtenances such as air hoses, signal hoses, and control cables, replacement of batteries, and the placement, removal, inspection or other handling of end-of-train devices, radios, computers, fax machines, and/or any other equipment used in train operation as designated by a carrier; and provide that the carrier in its discretion may require the handling of such appurtenances and/or equipment by such employees and in the manner it deems appropriate.

    I. Eliminate any existing rules or practices requiring payment for runarounds within terminals and/or enroute.

    J. Eliminate any existing provisions which require a carrier to pay an employee who cannot accept a call because of the Hours of Service Law.

     K. Utilization of employees

        1. Amend any existing rules or practices restricting a carrier's ability to transfer surplus employees to provide that the carrier may in its discretion transfer surplus employees to any locations on any part of its system without regard to seniority district or collective bargaining agreement boundaries, including the ability to assign such employees on a temporary basis.

       2. Eliminate any existing restrictions on the use of employees, whether or not represented by the Organization, to perform any work as and where needed; and provide that a carrier in its discretion may require any employees represented by the Organization to perform any work as and where needed that the carrier deems appropriate.

    L. Eliminate any existing requirements providing for automatic release of employees upon arrival at terminals.

    M. In order to better serve customer needs and enhance the carriers' ability to compete:

        1. Expand existing expedited procedures to provide carriers with additional flexibility to respond to customer needs and new business opportunities.

        2. Eliminate any existing seniority district restrictions which impede expedited customer service; and provide that a carrier in its discretion may use employees outside of their seniority district when deemed appropriate by the carrier to expedite customer service.

        3. Amend any existing rules to provide that a carrier may use any road crew to pick up a train stopped short of a terminal because of the Hours of Service Law, and proceed through the terminal on its trip.

        4. Amend any existing rules to provide that crews in road and yard work train service may handle revenue cars.

        5. Eliminate any existing rules regarding meal periods, and related allowances and/or penalties, in road service.

    N.  Where restricted, provide that a carrier in its discretion may substitute road switcher crews and/or mine switcher crews for any yard crews when deemed by the carrier to be appropriate.  In utilizing this discretion, any restrictions related to the elimination of the last yard engine on a shift or in a yard are eliminated.  Also, a carrier, in its discretion, may require road switcher and mine switcher crews to make up and dispose of their own trains without restrictions when deemed by the carrier to be appropriate.

    O. Eliminate any existing requirements for the use by a carrier of a switchtender, car retarder operator, hump motor car operator, pilot, herder, conductor/pilot, flagman, or any other independent assignment.

    P. Where restricted, provide that a carrier in its discretion may establish engineer-only crews in helper and light engine road movements when deemed by the carrier to be appropriate.

    Q. Where restricted, provide that a carrier, in its discretion may determine which employees, if any, shall be used on, in or in connection with, self-propelled equipment.

    R. Where restricted, provide that a carrier in its discretion may call and use extra road switcher assignments.

    S. Eliminate any existing rules or practices which prohibit the holding on to cars when making pickups and setouts and any other moves in road and yard territory.

    T. Eliminate any existing rules or practices which prohibit road crews from classifying their trains in any manner, or which require that trains be made up in station order.

    U. Amend existing rules or practices with regard to short turnaround freight service to permit the distance from the terminal to be run to be up to 25% of the miles encompassed in the basic day.

    V. Provide that a carrier in its discretion may extend or contract switching limits, including the right to consolidate yards located within 30 miles of each other.

    W. Eliminate any existing rules or practices which require that a crew work as a unit.

    X. Provide that the carrier may establish standardized calling procedures in lieu of existing rules and practices.

III. General

    A. If and where any restrictions exist, there will be no restrictions on the use of new technology by employees in any craft, and such use shall not create an exclusive right thereto.

    B. Except in circumstances where already provided, provide for the establishment of special boards of adjustment to arbitrate disputes growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions with the parties sharing equally the fees and costs of the arbitrators.

    C. Eliminate any existing provisions for personal leave days and annual leave.

    D. Compensated Absences

        1. Amend any existing rules or agreements to provide that in order to qualify for a vacation or personal leave an employee must be credited with compensation for at least 200 days for work in the preceding year and have satisfactory attendance.

        2. Amend any existing rules and practices to provide that employees will be automatically marked up after completion of vacation periods.

    E. Holidays

        Amend existing rules and practices in regard to paid holidays to provide that an employee who is unavailable during the 15 days preceding the holiday, the holiday, and the 15 days following the holiday will be disqualified for such pay.

    F. Health and Welfare

        1. With respect to The Railroad Employees National Health and Welfare, Early Major Medical Benefit and Dental Plans:

        Expand cost-sharing by employees and more effectively contain costs incurred by the Plans. Matters to consider include, among other things, benefit design changes; modifying deductibles, annual out-of-pocket and lifetime maximums, co-payments and coinsurance; expanding exclusions; and limiting eligibility and the duration of extended or continued coverage.

        Improve Plan administration.  Matters to consider, include, among other things, experience rating by railroad; mandatory managed care where available; universal non-duplicative COB; stand-alone deductibles; and governance of all Plans by the NCCC.

        2. In the event of enactment of federal or state health care legislation, the carriers may propose appropriate, responsive measures with respect to the above described plans.  The carriers and the organization (in concert with other affected organizations) will meet to consider such measures, with the assistance of a neutral (if necessary) empowered to render binding decisions. Such neutral shall be jointly selected by the parties, or absent agreement, appointed by the National Mediation Board.

    G. Americans with Disabilities Act

        Provide that the parties shall cooperate to facilitate any actions needed to make reasonable accommodations without undue hardships to qualified individuals with disabilities.

    H. Employee Involvement

        Where a carrier establishes voluntary employee involvement programs involving customer service, safety, ect., provide that the organization shall not discourage employee involvement in such programs.

    I. Improved Injury Compensation System

        By mutual consent, develop joint legislative proposal governing employee compensation for on-the-job injuries in lieu of existing system that reflects current trends and is more equitable to injured employees, provide benefits in a more efficient and less adversarial manner, is structured with incentives to reduce the number of injuries and the cost of any injuries that may occur, and promotes a more constructive approach to safety.

    J. Service Disruptions

        1. In addition to prohibitions imposed by existing requirements, provide that, except for lawful primary strikes and picketing of the carrier or carriers involved in a major dispute with the Organization, engaging in or respecting strikes or picketing of any carrier or of anyone else including shippers, secondary boycotts, slowdowns and any other concerted self-help activities, are prohibited.  Appropriate penalties will be applied for an employee and/or Organization which violates this provision.

        2. Provide that: During any work stoppage or disruption of operations due to other forms of concerted self-help by employees in any part of the railroad industry, a carrier shall have the unilateral right to suspend all bulletin, assignment, displacement, mileage or earnings rules or regulations; any pay and protective provisions of any applicable agreements; any other applicable agreements or rules relating to the use or compensation of employees; any agreements which provide for union or agency shop, deduction for union dues, union fee checkoff or political contributions.  Such agreements and rules may be suspended by the carrier for the duration of such work stoppage or disruption and employees will be assigned any compensation on a basis to be determined by the carrier in its discretion.  This provision is not intended to and will not modify or suspend protection provided in agreements adopted pursuant to the Interstate Commerce Act, or pursuant to some other statutory provision, if any, requiring employee protection.

IV. Miscellaneous

    A. Subsequent Legislative or Regulatory Events

        If a legislative or regulatory requirement is imposed during the term of the parties' national agreement that materially affects the application of any provision contained in such agreement or materially increases the carrier's labor costs, provide that the carrier may propose appropriate, responsive measures.  The parties shall meet promptly to consider such carrier proposals, with the assistance  of a neutral (if necessary) empowered to render binding decisions.  Such neutral shall be jointly selected by the parties or, absent agreement, appointed by the National Mediation Board, with the parties sharing equally the neutral's fees and costs.

    B. Contract duration to be through year 1999.

    C. Adopt moratorium similar to that contained in the last national settlement.