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Article V-VII Award




I have received the attached synopsis for the award. Once I receive the full award, I will post it. Please include any question you have in this thread for the Q&A portion so we can get clarification. Thank you.


Update 8/06/25




Brothers and Sisters,

 

Attached is the final award for the Article V-VII arbitration. There’s been a wave of misinformation circulating on social media about the work/rest award that will be imposed on SMART-TD. For starters, we do not agree with the neutrals award and have dissented.

In early February of 2024, when bargaining first began, Union Pacific proposed an 11/4 work/rest model that would’ve combined all classes of service, eliminated daily preference, penalty claim payments, and all work rules associated with yard/road demarcation.

Immediately after receiving this proposal, we polled the membership to ensure we were seeking the work/rest model they preferred.

 

The poll was sent to 5,348 members with an email address on file. Out of 1,129 respondents to the poll, the 6/3 work/rest model was the preferred model, along with the following:

 

  • 70% said voluntary rest days would improve their quality of life—49% by a lot and 21% by a little.

  • 48% said they preferred voluntary rest days – 23% preferred mandatory rest days and 18% preferred no change to the current system.

  • 97% said maintaining current earning potential was a top priority.

  • 83% said that the ability to plan reliable personal or family time was very important (65%) or important (18%).

  • 69% said that scheduled rest days should be a high (43%) or somewhat (26%) bargaining priority.

  • 64% said that scheduled rest would make them either certain to stay (29%), most likely to stay (15%), or that it was a good factor (20%) for retention.

After reviewing the polling data, we spent months in active negotiations on alternative work/rest schedules that would satisfy what the polling data reflected. The Carrier would not consider a 6/3 work/rest model and would only discuss a mandatory 4/1 or 5/1 on the pools, provided the pools protect irregular service.  That left us with two options, accept an absolutely terrible agreement or follow the procedures outlined in Public Law 117-216, which requires binding arbitration.

 

The voluntary rest day model in the award does provide flexibility for members in pool freight they did not previously have. Coupled with the regulation factor, which keeps the home cycle time for pool employees very close to what they have today, our members in pool freight will also have 91 voluntary days off to use at their discretion. The trade turn option is another tool for our members in pool freight that will give them some additional control over when they will be called to work. All of which are not subject to any discipline under Carrier’s attendance policy.  

 

In addition to these provisions, the award provides the following:

 

  • Preservation of current forfeiture rules on guaranteed boards.

  • Furlough Pay Protection: If an employee is furloughed for fewer than 14 days and recalled for even one day, they receive 14 days’ pay

  • Preserved earning capability.

  • Preserved all classes of service (yard, extra board and pool freight kept separate from each other).

  • Voluntary SMART Rest that ensures extra board employee’s earnings are preserved without any deduction in guarantee when utilizing such rest.

  • Prearranged layoffs on each respective board increased to 8% (more than doubled the current thresholds).

  • Maintained our ability to regulate non-guaranteed pool freight.

  • Preserved automatic mark-up provisions.

Before jumping to conclusions based on online chatter, we urge every member to read the award for themselves. Don’t buy into false narratives. Don’t let division be the story. We can’t (and have no intention to) tell you how to feel about this award.

 

Please take the time to examine the award carefully. You will see that we took your opinions and your requests into this fight. This is your union. Stay informed. Stay engaged. And never let someone else speak for you.

 

Fraternally,

 

Luke Edington

General Chairman

SMART TD GO-953




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