WRGCA - Personal Leave Interpretation and Q's and = A's

&= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; = &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; =20 October 2, 2001

The February 21, 2001 "INTERPRETATION Between UNION = PACIFIC=20 RAILROAD COMPANY And BROTHERHOOD OF LOCOMOTIVE ENGINEERS" = concerning=20 Personal Leave Days includes 3 agreed upon questions and answers = (in=20 addition to the 8 questions and answers dealing with PERSONAL = LEAVE DAY=20 ACCUMULATION in ATTACHMENT A). UP and BLE have now agreed upon 10=20 additional questions and answers as set forth below: =20

Q-4. Give examples of the calculation of qualifying days = for=20 personal leave (PL) day purposes?

A-4. =20 a) A road engineer working in service not covered by = the=20 paid holiday rules has no unpaid absence during a pay=20 = half. &n= bsp; =20 For the half the engineer earns 2000 miles. 2000 x 1.3 =3D = 2600/130 miles =3D=20 20 qualifying days toward PL days.

b) A road engineer working in service not = covered by=20 the paid holiday rules, takes an unpaid absence during a pay = half in=20 which the engineer gets 8 tours of duty. For the half. the = engineer is=20 credited with 8 qualifying days toward PL days. =20

c) = An engineer=20 working in service covered by the paid holiday rules gets 11 = tours of=20 duty during a pay half. For the half, the engineer is credited = with 11=20 qualifying days toward PL days, regardless of whether the = engineer had=20 an unpaid absence during the = half.

Q-5. What miles are to be = included (such=20 as straight time, overtime, duplicate time payments) in the = calculation of=20 qualifying days for = Personal Leave (PL) day=20 purposes.

A-5. In pay halves where the engineer qualifies = for the=20 multiplying factor, working/deadhead miles counted for vacation=20 qualification will be counted toward qualifying days for PL day = purposes,=20 and handled as set forth in A-4, item a, above. =20

Q-6. When an engineer works both jobs covered and not = covered by=20 the paid holiday rules in a pay half. and has no unpaid absence, = how will=20 PL qualifying days be counted ? =

A-6. Service covered by the paid holiday rules = will be=20 governed by section c of Answer #1 above. Service not covered by = the paid=20 holiday rules will be governed by section a of A-4 = above. =20

Q-7. The vacation agreement provides that calendar = days an=20 engineer assigned to an extra board is available for service and = on which=20 days the engineer performs no service, not exceeding ninety (90) = such=20 days, will be included in the qualification for vacation. Also, = calendar=20 days, not in excess of forty-five (45), on which an engineer is = absent=20 from and unable to perform service because of injury received on = duty will=20 be included. Will such days be counted toward the required 180 = qualifying=20 days for PL purposes?

A-7. Yes, consistent with the vacation = agreement. =20

Q-8. Does the 2/21/01 interpretation prohibit the = Company from=20 approving PL days during the period November 15 through December = 31 when=20 the request is made after November 15? =20

A-8. No, but the holidays make it more likely = approval for=20 PL days will be more difficult during this period than at other = times=20 during the year. For this reason, engineers should realize an = attempt to=20 save PL days with the intent of using them during this period may = result=20 in such days being denied and accumulated. =20

Q-9. An engineer is entitled to 7 PL days during the = year. The=20 engineer's first request for personal leave days during the year = is on May=20 14, when 2 days are requested, but not approved. Are those 2 PL = days=20 automatically accumulated, or may the engineer request them again = later in=20 the year?

A-9. Those 2 PI, days may be requested again = during the=20 year

Q-10. Are remaining PL days which are not approved to = be taken=20 during the period November 15 through December 31 automatically=20 accumulated on November 15? =

A-10. No, unused PL days are not accumulated until = year end=20 at December 31. Unused PL days may be reduced by paid holidays or = PL days=20 taken during the period November 15 through December 31.=20

Q-11. May an = engineer=20 donate accumulated PL days to another employee`. =

A-11. If there is an agreement covering the = donation of PL=20 days to another employee in effect, engineers may donate = accumulated PL=20 days in accordance with that agreement. =20

Q-12. May accumulated PL days be used by an engineer = who is=20 assigned in service covered by the paid holiday = rules? =20

A-12. Yes, if the reason for such use meets the = requirements=20 in Q&A #4 in Attachment A to the 2/21 /01 interpretation. =

Q-13. May an engineer request payment for accumulated = days in=20 excess of the time off work, e.g., the engineer takes fourteen = (14) days=20 off for Family Medical Leave and requests to be paid for = twenty-five (25)=20 accumulated days?

A-13. The intent of the interpretation is the = number of=20 accumulated days used should not exceed the number of days off = work.=20 However, the interpretation does not preclude the use of a greater = number=20 of accumulated days in extraordinary circumstances when both the = engineer=20 and the Company representative agree. =

/s/ B. D.=20 = MacArthur &nbs= p; = ; = &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; =20 /s/ A. = T.=20 Olin

/s/ M. A. = Young = ; = &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; = =20 Union Pacific Railroad

General Chair - Brotherhood of Locomotive=20 = Engineers &nbs= p; = ; = =20 /s/ W. E. Loomis =

/s/ T. J.=20 = Donnigan &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; = &= nbsp; &n= bsp; =20 General Director.=20

General Chairman - Brotherhood of Locomotive=20 Engineers = &= nbsp; &n= bsp; =20 Employee Relations Planning

/s/ D. L.=20 McPherson = &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; = =20 Union Pacific Railroad=20

= &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; = &= nbsp; &n= bsp; &nb= sp; =20 Union Pacific = Railroad

UNION PACIFIC RAILROAD = COMPANY

W.=20 E. LOOMIS

GENERAL DIRECTOR

EMPLOYEE RELATIONS PLANNING

1416 DODGE = STREET=20

OMAHA, = NEBRASKA=20 68179=20

December 19, = 2001=20

1615-4=20

=20

T. J. Donnigan, General = Chairman=20

Brotherhood of Locomotive Engineers =

B. D. MacArthur, General = Chairman=20

Brotherhood of Locomotive Engineers =

M. A. Young, General Chairman=20

Brotherhood of Locomotive Engineers =

Gentlemen:=20

Ten = agreed-upon questions=20 and answers (#4 - #13) to the February 21, 2001 personal leave day = interpretation are dated October 2, 2001. Since then, we have had=20 discussions concerning additional questions involving the = interpretation.=20 Twenty (20) additional questions and answers stemming from those=20 discussions appear below.

Q14: Are the miles earned by an engineer working in = service covered=20 by the paid holiday rules increased by the multiplying factor for = a half=20 in which there is no unpaid absence? =

A14: No, in such = service=20 only starts, without a multiplying factor, count as qualifying = days for=20 purposes of PL days.

Q15: When a = ground=20 service employee is promoted to engineer during a calendar year, = is that=20 employee's use of PL days while an engineer subject to the = qualifying=20 criteria in the 2/21/01 interpretation? =

A15: Yes,=20 based on trips during the preceding calendar year.=20

Q16: Do trips = worked in=20 ground service count toward PL qualifying?=20

A16: Yes, ground = service=20 will be combined with engineer service during the same calendar = year to=20 determine PL qualifying days for the subsequent calendar year, and = handled=20 as set forth in Q&A #4.

Q17: What is = meant by=20 "performed service" in item 4 of the 2/21/01 interpretation?=20

A17: If an = engineer is=20 entitled to at least a basic day under the applicable call and = release=20 rule, then the call and release will count as one (1) PL = qualifying=20 day.

Q19: How is a = make=20 whole/step-up payment treated for PL day qualification?=20

A19: If the = engineer is=20 assigned in service not covered by the paid holiday rules and has = no=20 unpaid absence during the pay roll half, a make whole/step-up = payment will=20 be converted to PL qualifying days by multiplying the = make-whole/step-up=20 miles x 1.3 and then dividing by 130 as in Q&A #4.=20

Q20: An = engineer is=20 assigned in yard service continuously during the first 11 months = of=20 calendar year 2003, and then takes a road assignment not covered = by the=20 paid holiday rules during December. How is the engineer's PL day=20 qualification for 2004 determined? =

A20: For each pay = half during=20 the period January - November, the engineer's yard service starts = are=20 counted as qualifying days for purposes of PL days. During = December,=20 qualifying days will be determined in accordance with items a) and = b) in=20 Q&A #4. The qualifying days earned during each payroll half = during=20 calendar year 2003 will be added. If the total is 180 or more, the = engineer will be qualified for PL days during 2004, subject to the = terms=20 of the agreement..

Q21: An = engineer earned=20 more than 180 qualifying days for PL purposes during calendar year = 2002.=20 During calendar year 2003 that engineer works the entire year on=20 assignments covered by the paid holiday rules. Would such engineer = be=20 entitled to take PL days during 2003? =

A21:=20 No, because an engineer is not able to take PL days when = he/she is=20 assigned to a position covered by the paid holiday rules.=20

Q22: An = engineer=20 qualified for PL days works in holiday covered service through = October 31,=20 2003, and then moves to road freight service not covered by paid = holiday=20 rules. Will the engineer be able to take PL days during November = and=20 December?

A22:=20 Yes, subject to the terms of the 2/21/01 interpretation, = but the=20 engineer's annual entitlement to PL days would be reduced by paid = holidays=20 or holiday opportunities during the period the engineer was = working in=20 service covered by the paid holiday rules. =

Q23: How does = an=20 employee's craft on December 31 affect the treatment of unused PL = days=20 from that calendar year?

A23:=20 If the employee is an engineer on the last day of the = year, any=20 unused PL days from that year are accumulated in accordance with=20 Attachment A to the 2/21/01 interpretation. If the employee is = working in=20 another craft on the last day of a year, any unused PL days from = that year=20 will be handled in accordance with the agreement governing that = craft. For=20 example, if the employee is working as a trainman, and the = agreement=20 governing trainman contains a provision for carry-over of unused = PL days,=20 any unused days will be carried over in accordance with the terms = of the=20 trainmen's agreement.

Q24: If an = employee has=20 carry-over days under the UTU CBA, and is set up as an engineer, = will the=20 employee be eligible to take the carry-over PL days?=20

Q25: If an = engineer=20 worked the entire calendar year 2003 on assignments covered by the = paid=20 holiday rules, would such engineer's unused current year PL days = at year=20 end be accumulated?

A25: = The=20 engineer has no PL days to accumulate because the engineer was = covered by=20 the paid holiday rules throughout the year. =

Q26: Is an = employee who=20 has accumulated PL days entitled to use or donate accumulated days = if the=20 employee is working in a craft other than locomotive = engineer?=20

Q27: When an = engineer=20 uses accumulated days, will the payment for such days be included = in the=20 calculation of 1/52 vacation pay for the subsequent calendar = year?=20

UNION PACIFIC = RAILROAD=20 COMPANY

=20

Q-1. =20 Do PL days earned but not taken get paid upon retirement = the same=20 as vacation?

Q-2. =20 How does an engineer advise the carrier of his/her desire = to=20 accumulate PL days?

A-2. =20 PL days=20 not used or not approved in a calendar year prior to November 15 = will=20 automatically be accumulated. =

Q-3. =20 How many days may an engineer accumulate?=20

QUESTIONS AND ANSWERS=20

Copyright = =A9 2001=20 Brotherhood of Locomotive Engineers and Trainman - WRGCA=20 = &= nbsp; &n= bsp;
Last=20 modified: March 11,=20 = 2009 =20 Contact: Site=20 = Administrator

UNION PACIFIC = RAILROAD=20 COMPANY

=20

Q-1. =20 Do PL days earned but not taken get paid upon retirement = the same=20 as vacation?

Q-2. =20 How does an engineer advise the carrier of his/her desire = to=20 accumulate PL days?

A-2. =20 PL days=20 not used or not approved in a calendar year prior to November 15 = will=20 automatically be accumulated. =

Q-3. =20 How many days may an engineer accumulate?=20

QUESTIONS AND ANSWERS=20

Copyright = =A9 2001=20 Brotherhood of Locomotive Engineers and Trainman - WRGCA=20 = &= nbsp; &n= bsp; Last=20 modified: March 11,=20 = 2009 =20 Contact: Site=20 = Administrator

Copyright = =A9 2001=20 Brotherhood of Locomotive Engineers and Trainman - WRGCA=20 = &= nbsp; &n= bsp;
Last=20 modified: March 11,=20 = 2009 =20 Contact: Site=20 = Administrator