THE BELOW LETTER WAS SENT BY UPRR LABOR RELATIONS OFFICER RP GUIDRY TO GENERAL CHAIRMAN LARRY BUMPURS.
ARTICLE V OF THE AUGUST 25, 1958, (FIVE DAY WORK WEEK AGREEMENT), PAGE 282 OF THE CONTROLLING IGN AGREEMENT STIPULATES THE FOLLOWING WITH RESPECT TO EXTRA BOARD SWITCHMEN:
"...THE WORK WEEK FOR EXTRA YARDMEN IS A PERIOD OF (7) CONSECUTIVE DAYS, BEGINNING ON MONDAYS.
(A) YARDMEN ON THE EXTRA BOARD SHALL BE WORKED FIRST IN FIRST OUT IN LINE WITH ARTICLE 39 OF THE CURRENT YARDMEN'S AGREEMENT. EXTRA YARDMEN WHO HAVE WORKED FIVE (5) TOURS OF DUTY IN ONE (1) WEEK WILL RETAIN THEIR PLACES ON THE EXTRA BOARD AND MAY BE RUN AROUND BY ANOTHER YARDMEN WHO HAVE NOT WORKED FIVE (5) TOURS OF DUTY IN THEIR WORK WEEK. EXTRA YARDMEN RUN AROUND IN THIS MANNER WILL NOT BE ENTITLED TO A RUN-AROUND."
MEMORANDUM OF AGREEMENT DATED JANUARY 10, 1956, PAGE 283 (EXTRA YARDMAN WORKING MORE THAN FIVE (5) DAY WORK WEEK) ALSO READS IN PERTINENT PART:
"...WHEN ALL EXTRA YARDMEN ON THE EXTRA BOARD HAVE WORKED THEIR FIVE (5) STRAIGHT TIME TOURS OF DUTY IN THEIR WORK WEEK AND A VACANCY OCCURS THE SENIOR REGULAR OR RELIEF YARDMAN WHO HAS WORKED FIVE (5) STRAIGHT TIME TOURS OF DUTY AND HAS GIVEN TWENTY -FOUR (24) HOURS ADVANCE NOTICE IN WRITING TO YARDMASTER, IF NO YARDMASTER THEN TO PROPER AUTHORITY, THAT HE IS WILLING TO WORK ON HIS OFF DAYS WILL BE USED AND WILL BE PAID AT TIME AND ONE-HALF RATE, SUCH NOTICE TO BE RENEWED AT THE EXPIRATION OF NINETY (90) DAYS. YARDMEN SERVING SUCH NOTICE MAY CANCEL SAME BY GIVING TWENTY-FOUR (24) HOURS WRITTEN ADVANCE NOTICE. IN THE EVENT A VACANCY OCCURS AND ALL THE EXTRA MEN HAVE WORKED FIVE (5) STRAIGHT TIME TOURS OF DUTY AND NONE OF THE REGULAR YARMEN ARE AVAILABLE UNDERE THE TERMS OF THIS PARAGRAPH THE VACANCY WILL BE FILLED FROM THE EXTRA BOARD AND BE PAID AT THE TIME AND ONE-HALF RATE."
FOLLOWING AN AUDIT OF PRACTICE AND PROCEDURES WITHIN THE HOUSTON HUB, IT APPEARS WE HAVE NOT BEEN TAKING FULL ADVANTAGE OF THE MANPOWER UTILIZATION OPTIONS CONTAINED IN THESE TWO AGREEMENTS. THEREFORE, THE FOLLOWING ACTION SHOULD BE IMPLEMENTED IN THE HOUSTON HUB (YARDS AT HOUSTON, BEAUMONT, LAKE CHARLES AND AVONDALE) ON THE DATE SPECIFIED TO ASSURE COMPLIANCE. GENERAL CHAIRMAN BUMPURS HAS BEEN MADE AWARE OF THIS INITIATIVE. AN AUDIT WILL BE CONDUCTED IN OTHER HUBS AND RECOMMENDATIONS MADE AT A LATER DATE.
EFFECTIVE 12/29/2003 - ADVANCE NOTICE SHOULD BE GIVEN TO EXTRA EMPLOYEES OF THIS INITIATIVE I.E. IVR, CMS, NOTE, LOCAL NOTICE, ETC. COMMENCE THE WORKWEEK FOR ALL EXTRA YARDMEN ON MONDAY. (CURRENTLY HOUSTON COMMENCES ON WEDNESDAY AND MUST BE CHANGED TO MONADAY). SOMEHOW EXTRA SWITCHMEN HAVE IMPROPERLY CONCLUDED THEY ARE NOT OBLIGATED/REQUIRED TO ACCEPT CALLS FOR SERVICE AFTER THEY HAVE WORKED FIVE (5) STRAIGHT TIME TOURS OF DUTY AND, AS A RESULT, SOME ASSIGNMENTS HAVE BEEN ABOLISHED. MOREOVER, REMAINING CREWMEMBERS WERE PAID FOR SERVICE NOT PERFORMED. THOUGH REGULAR SWITCHMEN WITH APPLICATION FOR EMERGENCY WORK ARE UTILIZED, EXTRA SWITCHMEN ARE REQUIRED TO ACCEPT ALL CALLS FOR SERVICE WITHIN CALLING PARAMETERS WITHOUT EXCEPTION. FAILURE TO DO SHOULD BE TREATED AS A MISSED CALL FOR DISCIPLINE PURPOSES AND THEIR BEING UNAVAILABLE FOR GUARANTEE PURPOSES. ANY CALLING PROCEDURES WITHIN THE HOUSTON HUB THAT MAY BE IN CONFLICT WITH THIS APPLICATION SHOULD BE MODIFIED WITH NOTATIONS NOT TO BE CHANGED WITHOUT LABOR RELATIONS AUTHORITY.PROCEDURES SHOULD BE REVIEWED TO ASSURE MAXIMIZING STRAIGHT TIME TOURS FOR EXTRA SWITCHMEN. THE CONTROLLING AGREEMENT PERMITS RUN-AROUNDS TO ACHIEVE THIS END. IF ONE OR MORE EXTRA SWITCHMEN HAVE FIVE TOURS OF DUTY IN A WORKWEEK, THEY MAY BE RUN-AROUND AND ASSIGNMENTS FILLED AT STRAIGHT TIME BY EXTRA SWITCHMEN WHO HAVE NOT. PROPERLY APPLIED THIS DRASTICALLY IMPROVES UTILIZATION OF THOSE EMPLOYEES WHO MAY HAVE LAID OFF DURING THE WORKWEEK AND PREEMPTS PAYMENT OF OVERTIME.