Roseville Agreement

Tidewater Southern Railway

Roseville Hub Agreement...UP/SP Merger

A rather dry and technical document, which is nonetheless rather interesting as it specifically references TS trackage and employee seniority integration. This agreement was drawn up around 1996 and governed the combined UP/SP employee pool to be created around the new Roseville Hub. It lists the Tidewater Southern (not the Tidewater Subdivision) as being governed by the agreement and addresses what craft rights Tidewater brakemen with a pre-March 1972 hire date will hold.

References to Tidewater Southern (2) have been flagged in bold type by me for easy location.

MERGER IMPLEMENTING AGREEMENT

(Roseville Hub)

between the

UNION PACIFIC/MISSOURI PACIFIC RAILROAD COMPANY

SOUTHERN PACIFIC TRANSPORTATION COMPANY

and the

UNITED TRANSPORTATION UNION

In Finance Docket No. 32760, the U.S. Department of Transportation, Surface Transportation Board ("STB") approved the merger of the Union Pacific Corporation ("UPC"), Union Pacific Railroad Company/Missouri Pacific Railroad Company (collectively referred to as "UP") and Southern Pacific Rail Corporation, Southern Pacific Transportation Company ("SP"), St. Louis Southwestern Railway Company ("SSW"), SPCSL Corp., and The Denver & Rio Grande Western Railroad Company ("DRGW") (collectively referred to as "SP"). In approving this transaction, the STB imposed New York Dock labor protective conditions.

In order to achieve the benefits of operational changes made possible by the transaction, to consolidate the seniority of all employees working in the territory covered by this Agreement into one common seniority district covered under a single, common collective bargaining agreement,

IT IS AGREED:

I. Roseville Hub

A new seniority district shall be created that encompasses the following area: UP territory including milepost 663.0 west of Elko, Nevada to the end of the track on the former Western Pacific, Sacramento Northern and TIDEWATER SOUTHERN; SP territory including milepost 553.0 west of Elko, Nevada to the end of the track at Oakland/San Francisco, California, south to and including Santa Barbara, California; south from Roseville, California to and including Hivolt via (including) Palmdale, and over the BNSF trackage rights to (not including) Barstow and north from Roseville to (including) Chemult and the Modoc Line.

II. Seniority and Work Consolidation.

The following seniority consolidations will be made:

A. A new seniority district will be formed and UP/UTU Roseville Hub Merged Rosters, master Conductor, Brakemen, Switchmen, Hostler and Firemen Seniority Rosters, will be created for the employees assigned to the Roseville Hub on the Monday prior to the day the Agreement is implemented. The parties may begin to develop the rosters after the Agreement is signed.

B. The new rosters will be created as follows:

1. Employees placed on these rosters will be dovetailed based upon the employees earliest retained seniority date in each craft. If this process results in employees having identical seniority dates, seniority ranking will be determined by the employees earliest retained hire date with the Carrier. The general committees for the UTU have agreed to the following seniority consolidation process and shall assist the Carrier with the correct seniority placement of the employees:

(a) Create separate Switchmen's and Brakemen's Rosters and dovetail all SP and WP employees holding prior craft rights based on their earliest retained seniority in the craft. TIDEWATER SOUTHERN and Sacramento Northern brakemen with a hire date prior to 3/1/72 will be treated as holding prior craft rights as a brakeman. Dovetail all SP and WP employees not holding prior craft rights based on their earliest retained seniority date in the craft and place on the rosters below those employees who have such rights.

(b) Create a Conductor's Roster and dovetail SP and WP employees based on their earliest retained conductor promotion date.

(d) Create a fireman's roster and dovetail all SP and WP employees holding either UTU-E rights or WP Reserve Engineer rights based on their earliest date of entrance into the craft.

(e) Alameda Belt Line and Oakland Terminal employees shall be placed on the bottom of the switchmen and brakemen merged rosters.

2. All employees placed on a roster may work all assignments protected by the roster in accordance with their seniority and the provisions set forth in this Agreement.

3. Employees currently working in engine service with a trainman's date shall retain their date and be placed on the appropriate merged trainmen's rosters. Engine service employees who previously declined the opportunity to place on a trainmen's roster prior to the merger implementation shall not be placed on any trainmen's rosters.

NOTE: Trainman includes the crafts of conductor, brakeman and switchman and any position associated with these crafts such as foreman and CRO.

4. Employees placed on the Roseville Hub Merged Rosters shall relinquish all seniority outside the Hub upon implementation of this Agreement and all seniority inside the Hub held by employees outside the Hub shall be eliminated.

C. Employee's initially assigned to the new roster will be accorded prior rights to one of four Zones based on the on duty location the employee was working on June 16, 1997. New employees hired on or after June 16, 1997, will have no prior rights and will hold only Hub seniority rights. Employees outside the Hub on June 16, 1997, but working in the Hub on the merger implementation date shall have Hub seniority but no Zone prior rights. The successful bidders for the positions identified in Section E(6), subsections (b)(1), (c)(1&2), and (e)(1) will establish prior rights in Zone 2. The new UP/UTU Roseville seniority district will be divided into the following four (4) Zones:

1. Zone 1 will include operations Roseville north to (not including) Red Bluff, east to (including) Oroville and (not including) Sparks, west to (including) Oakland/San Francisco, south to (including) King City and (not including) Fresno.

2. Zone 2 will include operations from San Luis Obispo north to (not including) King City, south to (including) Santa Barbara and from Bakersfield north to (including) Fresno and south to (including) Hivolt.

3. Zone 3 will include operations from Dunsmuir north to (including) Chemult and the Modoc Line to (not including) Wendel, south to (including) Red Bluff.

4. Zone 4 will include operations from Sparks and Portola, to but not including Elko except as defined in the Salt Lake City Hub Agreement and to (including) Wendel and (not including) Oroville.

5. SP employees on Region System Boards will be given Zone prior rights in the same Zone as the source of supply from which they are assigned. WP employees temporarily working in the Salt Lake City Hub shall be placed in a Zone based on the home rule. Employees from outside the Hub, currently forced to positions within the Roseville Hub, borrowed out to the Roseville Hub, or working a Region System Board position from outside the Hub will be released when their services are no longer required and will not establish a permanent date on the merged roster.

NOTE 1: Each Zone shall include all main and branch lines, industrial leads and stations between the points identified.

NOTE 2: Crews with home terminals within a Zone may work to points outside the Zone and Hub. The Zone identifies the on duty points for assignments and not the boundaries of assignments. For example a road switcher on duty at Fresno may work in any direction up to the limits of its radius as set by the road switcher agreement and a work train at Sparks may work both east and west.

D. Prior rights that are accorded in (B) and (C) above shall operate as follows:

1. If a pool operates 100% in a Zone, (both home and far terminal in the same Zone), then the pool shall be prior righted to employees with prior rights in that Zone.

2. If a pool operates from a home terminal in one Zone to a far terminal outside the Hub then the pool shall be prior righted.

3. If a pool operates in two or more Zones then the pool shall not be prior righted and shall be filled from the Hub roster.

NOTE: See Attachment " A " for a list of those pools established in this agreement with a prior rights designation.

4. Road Switchers, Locals, Helpers and Work Trains will work in a given area and may cross prior right boundaries. Employees with Zone prior rights shall have preference to road switchers, locals, helpers and work trains based on the on duty points.

5. Yard crews will have prior rights based on the on duty point.

6. No extra boards shall be prior righted.

7. If an employee is prior righted as a brakeman/switchman and takes promotion to a conductor/fireman after the effective date of this agreement then the employee shall be prior righted in the same Zone as a conductor/fireman as he/she was as a brakeman/switchman.

8. Engine service employees who hold train service seniority shall be accorded prior rights in train service in the Zone they are working in engine service on June 16, 1997. They may exercise that seniority only when unable to hold a position in engine service.

9. Employees who are on an authorized leave of absence or who are dismissed and later reinstated will have the right to displace to any Hub and prior rights Zone which may have been established on his/her former territory. The parties will create an inactive roster for all such employees until they return to service in a Hub or other location at which time they will be placed on the appropriate seniority rosters and removed from the inactive roster. They shall be granted prior rights in the Hub to which displaced.

10. All Zone prior rights shall be eliminated six years from the implementation date of this agreement. All seniority moves after that date shall be based on the Hub roster and all zone rosters shall be eliminated on the same day Zone prior rights are eliminated.

E. As work is moved from one Zone to another during the transition period, the following will govern:

1. Due to the rebuild of the Roseville yard and the tunnel work needed to run double stacks over former SP routes, current pool home and away from home terminals will remain, except as provided elsewhere in this paragraph (1), until the Carrier notifies the Organization of the implementation of the new pool freight runs. The notice shall list all assignments abolished and all assignments initially posted at the new locations (both pool and extra board). The notice shall be posted for fifteen days and successful applicants shall be notified of the assignments no later than seven days following close of the notice. (Section E (4-6) sets forth the order of selection for these assignments.) The assignments shall be effective 30 days after the bids close. The Bakersfield-Los Angeles/West Colton and San Luis Obispo east and west pools may be bulletined for assignment prior to other pools.

2. Interim pool freight rights on existing runs shall be on the basis of prior WP and SP service except as provided in (3) below. SP employees shall have rights to their former pools and WP employees shall have rights to their former pools. Employees may bid on non prior right assignments and employees furloughed or on a reserve board may be forced to an assignment that goes no bid, forcing prior right employees first and then non prior right employees.

3. Service interruptions through Portola or Sparks shall be handled as follows:

(a) During the interim period it is anticipated that some temporary shifting of employees between Portola and Sparks will be undertaken to handle capital projects. If trains are shifted on a short term basis (maintenance of way windows) then the CMS Director shall discuss the situation with the Local Chairperson involved and shall alternate calls between the two pools during the window. When used at the new temporary location they shall be entitled to a driving allowance of $31.50 per round trip.

(b) At times the Portola and Sparks areas have experienced washouts and heavy snows that have prohibited traffic movement. During these times the pools and extra boards on the disabled line shall be temporarily abolished and the other pools and extra boards shall be increased accordingly to handle the traffic. Should traffic use alternate routes during such periods and all pool and extra board employees are not needed, then reserve board provisions shall apply for those who hold such rights. During these times CMS will extend call times.

NOTE 1: Extended calls in 3 (a) and (b) will be two hour calls.

NOTE 2: During inclement weather the Carrier will provide lodging to those crews in 3(a) and (b) above.

4. The work referred to in this section is limited to specific pool turns moved to:

(a) Roseville [Zone 1] from Dunsmuir [Zone 3] / Bakersfield [Zone 2];

(b) San Luis Obispo [Zone 2] from Oakland [Zone 1] and Los Angeles;

(d) Bakersfield [Zone 2] from Los Angeles.

5. Work already in a Zone moving to a new location in the same Zone (e.g. Stockton to Roseville) is covered under the Zone seniority rules.

6. When the extra boards are increased or established at the locations listed below they shall be filled on the basis of Hub seniority. Initial vacancies in the pools listed below shall be subject to bids in the following sequence:

(a) Roseville - Dunsmuir/Bakersfield:

Hub seniority.

(b) San Luis Obispo (West):

(1) Former San Luis Obispo employees;

(2) Employees in the Oakland-San Luis Obispo pool; Watsonville terminal employees;

(3) Hub seniority.

(1) Former San Luis Obispo employees;

(2) Employees in the Los Angeles-San Luis Obispo pool;

(3) Zone seniority;

(4) Hub seniority.

(d) Sparks and Portola West Pools:

Hub seniority.

(e) Bakersfield - Los Angeles/West Colton:

(1) Employees in the Los Angeles-Bakersfield pool and its dedicated extra board;

(2) Zone seniority;

(3) Hub seniority.

7. Relocation allowances, either under New York Dock or in lieu of , will not be available during the interim period for movement to pool freight positions or extra boards in Sections 2 and 3 above. Employees required to relocate to non pool freight positions or other extra boards as a result of the merger may elect to delay their relocation allowance request until after the implementation date of the new pools in Section 1 above.

F. Other vacancies shall be handled as follows:

1. Vacancies other than Section E (1), both interim and after the interim period, that go no bid or application, shall be assigned to the junior employee on the protecting extra board. The extra board vacancy will then be filled by recalling the junior employee on the (Hub) Reserve Board, if any.

2. While Reserve Board employees shall have displacement rights the end result is that the junior employee will be forced to the vacancy. If assignments are increased and there are not enough employees in active service (not including the Reserve Board) to cover all assignments, Reserve Board recalls may be started to cover the number of extra vacancies prior to no bid assignments being identified. Should there be no employees on any Reserve Boards, then the senior furloughed employee in the Hub shall be recalled.

3. Employees force assigned or bidding to a new Zone in Section E(1) vacancies will not transfer their prior rights to the new Zone roster except as provided in Article II(C).

G. Except as provided in Section E(6) bids for prior right vacancies shall be filled first from the prior right roster and then from the hub roster and bids for non prior right vacancies shall be filled using the Hub roster only.

H. All vacancies within the zones must be filled prior to any employee being reduced from the working list or prior to employees being permitted to exercise to any reserve or supplemental boards. All employees not holding reserve board rights must be displaced prior to any employee holding a position on a reserve board or supplemental board within the Hub.

I. Employees will be treated for vacation and payment of arbitraries as though all their service on their original railroad had been performed on the merged railroad. Employees assigned to the Roseville Hub seniority roster on the implementation date shall have entry rate provisions waived and employees hired after the effective date of this agreement shall be subject to the rate progression provisions of the controlling CBA.