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TRIP RATE Q&A Q-1 May the parties subject to the local negotiations that establish Trip Rates agree to include other components (including overtime) in Trip Rates? A-1 Yes, provided there is mutual agreement to do so. * * * * * Q-2 If an employee is subject to entry rates and rate progression at the time Trip Rates are established, is such employee to receive the applicable percentage, i.e., 75%, 80%, 85%, etc., of the newly established Trip Rate? A-2 Yes, as provided in Article V, Part B, Section 4 (c)(2) and Article VI. * * * * * Q-3 Under Article V, Parts B and C, will Trip Rates be developed and implemented on the same basis described therein for engineers and firemen (where applicable) on those properties where UTU is the duly designated representative for such employees under the Railway Labor Act? A-3 Yes. * * * * * Q-4 Once a Trip Rate has been developed, are future general wage increases and cost-of-living allowances applicable to the entire Trip Rate? A-4 Yes, except as provided in Article V, Part B, Section 4 (c)(1). * * * * * Q-5 Once a pay element has been incorporated in the calculation of the trip rate, will claims for that pay element be considered by the Carrier? A-5 No. Claims for such pay elements incorporated in the Trip Rate will not be considered by the Carrier and will not be responded to. * * * * * Q-6 Will all claim settlements or arbitration decisions related to pay elements that are included in Trip Rates be incorporated in the Trip Rate calculation? A-6 Yes, for those settlements or decisions that are based on events that took place during the applicable Test Period, but were not included during the initial Trip Rate calculation. * * * * * Q-7 Where a pool/run consists entirely of post - 85 employees, will the earnings attributable to them be computed as if they were pre - 85 employees? A-7 Yes, but where he parties determine that recomputing earnings to determine as to what elements of pay to be incorporated in the Trip Rate would have been paid to pre - 85 employees is not feasible, the parties may use data from a comparable run (comparable in length, running time, and other operating characteristics) to determine the value of such pay elements, which will be included in the Trip Rate computation. * * * * * Q-8 Will earnings paid to extra employees working in the pool be included in the test period? A-8 Yes, as provided in Article V, Part B, Section 3. * * * * * Q-9 After the establishment of Trip Rates, the Carrier required additional work of a crew so as to violate a work rule not included in the Trip Rate calculation. Is such penalty payment still applicable and, if so, at what rate? A-9 Yes, penalty payments not included in the Trip Rate will still be payable at the same amount at which paid prior to the establishment of Trip Rates. For example, if a certain penalty payment is paid as a basic day prior to the establishment of Trip Rates and that penalty payment is not included in the Trip Rate, the proper penalty payment would still be a basic day after the implementation of Trip Rates. * * * * * Q-10 How will an employee covered by the Trip Rates be compensated for personal leave days, holiday pay and/or vacation pay? A-10 Compensation for personal leave days, holiday pay and/or vacation pay, will continue to be paid in accordance with rules and practices in existence prior to establishment of Trip Rates. If those rules and practices require payment of earnings of a trip, Trip Rates, if established, will apply. * * * * * Q-11 Can either party, i.e., UTU or Carrier, submit a dispute over the Trip Rate implementation to the National Disputes Committee? A-11 Yes. * * * * * Q-12 At what point is it appropriate for a dispute to be referred to the National Disputes Committee? A-12 After notice has been served pursuant to Article V, Part B, Section 9(a) and carrier has proposed a Test Period for a particular run/pool, if an impasse develops, either party may refer a dispute to the National Disputes Committee. * * * * * Q-13 Does a Trip Rate proposed by the Carrier, based solely upon the incorporation of the National Pay Elements set forth in Section 5, become effective thirty (30) days after the Carrier's notice is served, absent agreement between the parties? A-13 Yes, unless the UTU representative(s) make a timely written referral of the matter to the National Disputes Committee. * * * * * Q-14 If Trip Rates are not established by the date specified in Article V, Part B, Section 9(g), can the Carrier delay the application of the national pay elements set forth in Article V, Part B, Section 5 to post October 31, 1985 employees effective the next day after that date by simply referring the matter to the National Disputes Committee? A-14 No. Under those circumstances, Article V, Part B, Section 9(h) provides in part that, effective on the next day after the date specified in Article V, Part B, Section 9(g), post October 31, 1985 employees on runs/pools for which Trip Rates have not been implemented by such date "will be paid on the same basis as Pre-85 Employees represented by UTU with respect to the national pay elements identified in Section 5 of this Part," and the National Disputes Committee will resolve the Trip Rate issue(s) in dispute if such is referred to the Disputes Committee by either party. However, disputes pending before the National Disputes Committee prior to such date over any issue will be governed solely by the outcome of the dispute resolution process as provided in Article V, Part B, Section 9(h). * * * * * Q-15 Does the implementation of Trip Rates permit road crews to perform any additional work (moves) at the initial, intermediate or final terminals over and above that permitted by existing agreements? A-15 Article V, Part A, Section 1(b) provides that the provisions of the new pay system will have no effect on work rules except where a pay element is incorporated in a Trip Rate. * * * * * Q-16 In computing overtime will the Trip Rate be used? A-16 No. Overtime will continue to be applied as it is now. * * * * * Q-17 Will Trip Rates be applicable to both the working trip and the deadhead trip? A-17 Yes. Where Trip Rates are implemented, employees will receive the Trip Rate for both the deadhead and the working trip. Multiple Trip Rates will not be paid when service and deadhead(s) are combined during a tour of duty. * * * * * Q-18 Road extra board employees are used to provide Hours of Service relief as well as protecting other road assignment vacancies. How will these employees be compensated when performing service once Trip Rates are established? A-18 A road extra board employee called to provide hours of service relief, in straight away or multiple trip turnaround service, will be paid the Trip Rate of the service for which called. When called to fill vacancies, road extra board employees will be paid the appropriate Trip Rate of the assignment for which called. * * * * * Q-19 What constitutes a "material change"? A-19 Article V, Part B, Section 8 provides a process for adjustment of an established Trip Rate in response to a subsequent material change, i.e., one that significantly affects the run/pool. * * * * * Q-20 What elements of pay will be included in a yard Trip Rate? A-20 This determination will be made, where the parties agree to implement a yard Trip Rate, on a basis that is consistent both with yard service and with the terms, conditions, principles and guidelines set forth in Parts A and B of Article V. * * * * * Q-21 How will the "12 month period of normalized operations" be determined in calculating Trip Rates? A-21 The 12 month Test Period will be proposed by the carrier in its notice, with the burden of substantiating such period as reflecting "normalized operations" for the pool/run placed on the carrier. * * * * * Q-22 Will the establishment of Trip Rates in any way affect Crew Consist provisions? A-22 No. * * * * * Q-23 Will pay elements not specifically included in Trip Rates continue to be applicable? A-23 Yes. * * * * * Q-24 How will Trip Rates be determined for new runs/pools since there is no "Test Period"? A-24 As provided in Article V, Part B, Section 7. * * * * * Q-25 Will the establishment of Trip Rates have any affect on local agreements providing for mileage and/or earnings regulations? A-25 No. Such local agreements will continue to apply. * * * * * Q-26 Does the 12 month period of Normalized Operations contemplated by this Article have to be consecutive? A-26 Yes, if the 12 consecutive months actually reflect Normalized Operations. * * * * * Q-27 Are additional mileage or time payments, such as constructive mileage or terminal mileage payments, afforded certain group(s) of employees as a result of other agreement rules or provisions other than the October 31, 1985 National Agreement to be included in the earnings used to develop a Trip Rate? A-27 No. * * * * * Q-28 Does the term "yard runarounds" refer to road crews who are called in order but depart the initial terminal out of that order? A-28 Yes. * * * * * Q-29 Will implementation of Trip Rates change a protected employee's test period average or test period hours? A-29 No. This page last updated: 09/05/2006 |