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November
2, 2009 Section 6 Notice Served
UTU general chairpersons on Nov. 2
served on railroads represented by the National Carriers Conference
Committee (NCCC) the UTU's intended amendments to agreements affecting
rates of pay, rules and working conditions.
Such notices are required by Section 6 of the Railway Labor Act and are
served on each other by parties to existing agreements.
The national rail contract between the UTU and railroads represented by
the NCCC becomes amendable on Jan. 1.
The existing contract will remain in force as amended and ratified by
UTU members under the craft autonomy provisions of the UTU Constitution.
•Complete and permanent elimination of existing service scale (entry
rates of pay).
•Complete and permanent elimination of the two-tier pay system.
•A series of general wage increases, effective Jan. 1, 2010, and every
six months thereafter.
•Cost of living adjustments.
•A crew calling window structure or no less than a 10-hour call.
•A process to resolve fatigue issues relative to cross-craft
utilization, inaccurate line-ups and manipulation of pool crew boards
caused by paper deadheading and dropping of turns.
•Compensation for certifying as a conductor (certification to be
established by the FRA as directed by the Rail Safety Improvement Act of
2008).
•Peer related craft pay for training periods.
•Carriers to give first employment consideration to qualified conductors
furloughed from other railroads.
•Furloughed employees called back to work will be guaranteed a minimum
of 60 days of work and pay.
•Increased meal allowances.
•Restrictions on transferring, consolidating, combining or centralizing
yardmaster assignments.
•Establishment of a formula for yardmaster extra boards.
•Enhanced benefits under the NRC/UTU Health and Welfare Plan and the
Railroad Employees' National Health and Welfare Plan (GA-23000).
http://utu386.org/section6/Sec6-10-30-09.pdf
NCCC Section 6 Notice
The FRA HOS Interpretation
The Q&A's
starts around page 15, this is not considered the final rule on the Q&A.
There will be more coming as additional questions are answered.
http://utu386.org/fra/HSInterpsPosted2009-15026.pdf
Memorandum
of Understanding (Ebb and Flow of Engineers)
This office has
been getting numerous calls concerning the recent
Memorandum of
Understanding addressing Ebb and Flow of engineers, specifically
Side letter 1. The memorandum is not an agreement but an interpretation
addressing movement of engineers at locations under the jurisdiction of
this office.
The BLET Primary Recall agreement does permit engineers
to self demote, however the United Transportation Union was never party
to that agreement. The UTU has exclusive jurisdiction on how seniority
movement will be made for ground service employees.
Article XIII,
Section 3(3) of the 1985 UTU National Agreement states:
“(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.”
Side Letter 1
addresses engineers that did not exercise seniority under the provision
of Article XIII, Section 3(3) of the 1985 UTU National Agreement. |
